(s) specialised services in technology, engineering, marketing and sales for the automotive sector;
(t) commercial design services and marketing for the fashion textile industry, garments, footwear and articles; and
(u) maintenance and repair of equipment, including transportation equipment notably in the context of an after-sales or after-lease services contract.
3. Peru and the EU Party shall allow the supply of services into their territory through presence of natural persons, by contractual services suppliers of the EU Party and Peru respectively subject to the conditions specified in the paragraph 4 and in Appendix 2 of Annex IX (Reservations Regarding Temporary Presence of Natural Persons for Business Purposes) for each of the following sectors:
(a) legal advisory services in respect of public international law and foreign law (in the case of the EU Party, EU law shall not be considered as public international law or foreign law);
(b) accounting, and book-keeping services;
(c) taxation advisory services;
(d) architectural services;
(e) urban planning and landscape architectural services;
(f) engineering services;
(g) integrated engineering services;
(h) medical (including psychologists) and dental services;
(i) veterinary services;
(j) midwives services;
(k) computer and related services;
(l) market research and opinion polling;
(m) management consulting services; and
(n) services related to management consulting.
3a. Ecuador and the EU Party shall allow the supply of services into their territory through presence of natural persons, by contractual services suppliers of the EU Party and Ecuador respectively subject to the conditions specified in paragraph 4 and in Appendix 2 of Annex IX (Reservations Regarding Temporary Presence of Natural Persons for Business Purposes) for each of the following sectors:
(a) legal advisory services in respect of public international law and foreign law; in the case of the EU Party, EU law shall not be considered as public international law or foreign law;
(b) accounting, and book-keeping services;
(c) architectural services;
(d) urban planning and landscape architectural services;
(e) engineering services;
(f) integrated engineering services;
(g) medical (including psychologists) and dental services;
(h) veterinary services;
(i) computer and related services;
(j) market research and opinion polling;
(k) management consulting services;
(l) services related to management consulting;
(m) design services;
(n) chemical engineering, pharmaceutics, and photochemistry;
(o) services in cosmetics technology;
(p) specialised services in technology, engineering, marketing and sales for the automotive sector;
(q) commercial design services and marketing for the fashion textile industry, garments, footwear and articles; and
(r) maintenance and repair of equipment, including transportation equipment notably in the context of an after-sales or after-lease services contract.
4. The commitments undertaken by the Parties are subject to the following conditions:
(a) natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person which has obtained a service contract not exceeding 12 months;
(b) natural persons entering the territory of another Party should be offering such services as employees of the juridical person supplying the services for at least the year immediately preceding the date of submission of an application for entry into the territory of such other Party; in addition, a natural person must possess, at the date of submission of an application for entry into the territory of a Party, at least three years of professional experience (42) in the sector of activity which is the subject of the contract;
(c) natural persons entering the territory of another Party must:
(i) hold a university degree or a qualification demonstrating knowledge of an equivalent level (43); and
(ii) have professional qualifications where required for the exercise of an activity pursuant to the laws, regulations or requirements of the Party where the service is supplied.
(d) natural persons shall not receive remuneration for the supply of services other than the remuneration paid by the juridical person where they are employed during their stay in the territory of another Party;
(e) entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of no longer than six months or, in the case of Luxembourg, 25 weeks in any 12-month period or for the duration of the contract, whichever is shorter;
(f) access accorded under this Article relates only to the service activity which is the subject of the contract, and does not confer entitlement to exercise the professional title of the Party where the service is provided;
(g) the number of persons covered by the services contract shall not be higher than necessary to fulfil the contract, as it may be established by the law, regulations and requirements of the Party where the service is supplied;
(h) other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Appendix 2 of Annex IX (Reservations Regarding Temporary Presence of Natural Persons for Business Purposes).
Article 127. Independent Professionals
1. The Parties reaffirm their respective rights and obligations arising from their commitments under the GATS as regards the entry and temporary stay of independent professionals.
2. Colombia and the EU Party shall allow the supply of services into their territory by independent professionals of the EU Party and Colombia respectively through presence of natural persons, subject to the conditions specified in the paragraph 4 and in Appendix 2 of Annex IX (Reservations Regarding Temporary Presence of Natural Persons for Business Purposes) for each of the following sectors:
(a) legal advisory services in respect of public international law and foreign law (in the case of the EU Party, "EU law" shall not be considered as public international law or foreign law);
(b) architectural services;
(c) engineering services;
(d) integrated engineering services;
(e) computer and related services;
(f) market research and opinion polling;
(g) management consulting services;
(h) services related to management consulting;
(i) translation and interpretation services; and
(j) specialised services in technology, engineering, marketing and sales for the automotive sector.
3. Peru and the EU Party shall allow the supply of services into their territory by independent professionals of the EU Party and Peru respectively through presence of natural persons, subject to the conditions specified in the paragraph 4 and in Appendix 2 of Annex IX (Reservations Regarding Temporary Presence of Natural Persons for Business Purposes) for each of the following sector:
(a) legal advisory services in respect of public international law and foreign law (in the case of the EU Party, "EU law" shall not be considered as public international law or foreign law);
(b) architectural services;
(c) engineering services;
(d) integrated engineering services;
(e) computer and related services;
(f) market research and opinion polling;
(g) management consulting service; and
(h) services related to management consulting.
3a. Ecuador and the EU Party shall allow the supply of services into their territory by independent professionals of the EU Party and Ecuador respectively through presence of natural persons, subject to the conditions specified in paragraph 4 and in Appendix 2 of Annex IX (Reservations Regarding Temporary Presence of Natural Persons for Business Purposes) for each of the following sectors:
(a) legal advisory services in respect of public international law and foreign law (in the case of the EU Party, EU law shall not be considered as public international law or foreign law);
(b) architectural services;
(c) engineering services;
(d) integrated engineering services;
(e) computer and related services;
(f) market research and opinion polling;
(g) management consulting services;
(h) services related to management consulting; and
(i) specialised services in technology, engineering, marketing and sales for the automotive sector.
4. The commitments undertaken by the Parties are subject to the following conditions:
(a) natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in another Party and must have obtained a service contract for a period not exceeding 12 months;
(b) natural persons entering the territory of another Party must possess, at the date of submission of an application for entry into such other Party, at least six years' professional experience in the sector of activity which is the subject of the contract;
(c) the natural persons entering the territory of another Party must:
(i) hold a university degree or a qualification demonstrating knowledge of an equivalent level (44); and
(ii) have professional qualifications where this is required to exercise an activity pursuant to the law, regulations or requirements of the Party where the service is supplied;
(d) the entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, 25 weeks in any 12-month period or for the duration of the contract, whichever is shorter;
(e) access accorded under this Article relates only to the service activity which is the subject of the contract; it does not confer entitlement to exercise the professional title of the Party where the service is provided; and
(f) other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Appendix 2 of Annex IX (Reservations Regarding Temporary Presence of Natural Persons for Business Purposes).
Article 128. Short Term Visitors for Business Purposes
1. The Parties shall endeavour to facilitate, in conformity with their respective legislation, the entry and temporary stay in their territories of short term visitors for business purposes with a view to carrying out the following activities (45):
(a) research and design: technical, scientific and statistical researchers on behalf of a company located in the territory of another Party;
(b) marketing research: personnel conducting research or analysis, including market research, on behalf of a company established in the territory of another Party;
(c) trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting their company or its products or services; and
(d) tourism personnel (hotel representatives, tour and travel agents, tour guides or tour operators) attending or participating in tourism conventions or tourism exhibitions or fairs, or conducting a tour that has begun in the territory of another Party; provided that such short term visitors:
(a) are not engaged in selling their goods or services to the general public or in supplying goods or services themselves;
(b) do not on their own behalf receive any remuneration from a source located within the European Union or a signatory Andean Country where they are staying temporarily; and (c) are not engaged in the supply of a service in the framework of a contract concluded between a juridical person with no commercial presence in the European Union or in a signatory Andean Country, where the short-term visitor for business purposes is staying temporarily, and a consumer in the European Union or a signatory Andean Country.
2. The entry and temporary stay in the territory of a Party by short term visitors of another Party when allowed shall be for a period of up to 90 days in any 12 month period.
Chapter 5. Regulatory Framework
Section 1. Provisions of General Application
Article 129. Mutual Recognition
1. Nothing in this Title shall prevent a Party from requiring natural persons to have the necessary qualifications and/or professional experience required in the territory where the service is supplied, for the sector of activity concerned.
2. The Parties shall encourage the relevant professional bodies in their respective territories to jointly develop and provide the Trade Committee with recommendations on mutual recognition for the purpose of the fulfilment, in whole or in part, by investors and service suppliers of the criteria applied by each Party for the authorisation, licensing, operation and certification of investors and service suppliers and, in particular, of professional services.
3. Upon receipt of a recommendation as referred to in paragraph 2, the Trade Committee shall review, within reasonable time, such recommendation with a view to determining whether it is consistent with this Agreement.
4. When a recommendation has been found by the Trade Committee to be consistent with this Agreement pursuant to paragraph 3, and there is a sufficient level of correspondence between the relevant regulations of the Parties, the Parties shall, with a view to implementing that recommendation, negotiate through their competent authorities an agreement on mutual recognition of requirements, qualifications, licences and other regulations.
5. Any agreement reached under paragraph 4 shall be consistent with the relevant provisions of the WTO Agreement, in particular Article VII of the GATS.
Article 130. Transparency and Disclosure of Confidential Information
1. Each Party shall:
(a) respond promptly to all requests by another Party for specific information regarding any of its measures of general application or international agreements which relate to or affect this Title; and
(b) establish one or more enquiry points to provide specific information to investors and services suppliers of another Party, upon request, on all matters referred to in subparagraph (a). Such enquiry points are listed in Annex X (Enquiry Points Regarding Trade in Services, Establishment and Electronic Commerce). Enquiry points need not be depositories of laws and regulations.
2. Nothing in this Title shall require a Party to provide confidential information the disclosure of which would impede law enforcement or otherwise be contrary to public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private.
Article 131. Domestic Regulation
1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application covered by this Title are administered in a reasonable, objective and impartial manner.
2. Where authorisation is required for the supply of a service or establishment for which a specific commitment has been made, the competent authorities of a Party shall, within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
3. Each Party shall maintain or institute judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier, for a prompt review of, and where justified, appropriate remedies for, administrative decisions affecting establishment, cross border supply of services or temporary presence of natural persons for business purposes. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties shall ensure that the procedure in fact provides for an objective and impartial review.
4. Following the necessary consultations between the Parties, this Article shall be amended, as appropriate, so as to incorporate into this Title the results of any negotiation pursuant to Article VI.4 of the GATS or any similar negotiation undertaken in other multilateral fora in which the Parties participate once the resulting commitments enter into force.
5. Pending the completion of negotiations pursuant to Article VI:4 of the GATS as referred to in paragraph 4, no Party shall apply licensing and qualification requirements, procedures and technical standards, that nullify or impair their specific commitments in a manner which:
(a) does not comply with the criteria outlined in Article VI:4 (a), (b), (c) of the GATS; and
(b) could not reasonably have been expected of that Party at the time the specific commitments were made.
6. In determining whether a Party is in conformity with its obligations under paragraph 5, account shall be taken of international standards of relevant international organisations (46) applied by that Party.
Section 2. Computer Services
Article 132. Understanding on Computer Services
To the extent that trade in computer services is liberalised in accordance with Chapters 2 (Establishment), 3 (Cross-Border Supply of Services) and 4 (Temporary Presence of Natural Persons for Business Purposes), the Parties subscribe to the understanding set out in the following subparagraphs:
(a) the CPC 84 code, used for describing computer and related services, covers the basic functions used to provide all computer and related services: computer programmes defined as the sets of instructions required to make computers work and communicate (including their development and implementation), data processing and storage, and related services, such as consultancy and training services for staff of clients. Technological developments have led to the increased offering of these services as a bundle or package of related services that can include some or all of these basic functions. For example, services such as web or domain hosting, data mining services and grid computing each consist of a combination of basic computer services functions;
(b) computer and related services, regardless of whether they are delivered via a network, including the Internet, include all services that provide:
(i) consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, support, technical assistance, or management of or for computers or computer systems;
(ii) computer programmes defined as the sets of instructions required to make computers work and communicate (in and of themselves), plus consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management or use of or for computer programmes;
(iii) data processing, data storage, data hosting or database services;
(iv) maintenance and repair services for office machinery and equipment, including computers; or
(v) training services for staff of clients related to computer programmes, computers or computer systems, and not classified elsewhere;
(c) computer and related services enable the provision of other services (e.g. banking) by both electronic and other means. However, there is an important distinction between the enabling service (e.g. web-hosting or application hosting) and the content or core service that is being delivered electronically (e.g. banking). In such cases, the content or core service is not covered by the CPC 84 code.
Section 3. Postal and Courier Services
Article 133. Scope of Application
This Section sets out the principles of the regulatory framework for all postal and courier services committed in accordance with Chapters 2 (Establishment), 3 (Cross-Border Supply of Services) and 4 (Temporary Presence of Natural Persons for Business Purposes).
Article 134. Definitions
For the purpose of this Section and of Chapters 2 (Establishment), 3 (Cross-Border Supply of Services) and 4 (Temporary Presence of Natural Persons for Business Purposes):
- "individual license" means an authorisation, concession, or any other kind of permit granted to an individual supplier by a regulatory authority, which is required before supplying a given service; and
- "universal service" means the permanent supply of a postal service of specified quality at all points in the territory of a Party at affordable prices for all users.
Article 135. Prevention of Anti-competitive Practices In the Postal and Courier Services Sector
In accordance with the provisions of Title VIII (Competition), each Party shall introduce or maintain appropriate measures for the purpose of preventing suppliers who, alone or together, have the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for postal and courier services as a result of use of their position in the market, from engaging in or continuing anti-competitive practices.
Article 136. Universal Service
Each Party has the right to define the kind of universal service obligation it wishes to adopt or maintain. Such obligation shall not be regarded as anti-competitive per se, provided it is administered in a transparent, non-discriminatory and competitively neutral manner and it is not more burdensome than necessary for the kind of universal service defined by the Party.
Article 137. Individual Licences
1. A Party shall only require an individual licence for services within the scope of the universal service (47).
2. Where a Party requires an individual licence, the following information shall be made publicly available: