11. The Schedules apply only to the territories of Chile and the Union in accordance with [Institutional â Geographical application] and are only relevant in the context of trade relations between the Union and its Member States with Chile. They do not affect the rights and obligations of the Member States under Union law. [Redundant if similar language is included for the whole
agreement in the general provisions].
12. The following abbreviations are used in the list of reservations below:
EU European Union, including all its Member States AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
DE Germany
DK Denmark
EE Estonia
EL Greece ES Spain FI Finland FR France
HR Croatia
HU Hungary IE Ireland IT Italy
LT Lithuania LU Luxembourg
LV Latvia
MT Malta
NL The Netherlands PL Poland
PT Portugal
RO SE SI
SK
Romania Sweden Slovenia
Slovak Republic
Schedule of the
Reservation No. Reservation No. Reservation No. Reservation No. Reservation No. Reservation No. Reservation No. Reservation No.
Reservation No.
Reservation No. Reservation No. Reservation No. Reservation No. Reservation No. Reservation No. Reservation No. Reservation No. Reservation No. Reservation No. Reservation No. Reservation No.
Reservation No.
Union
. 1 - All sectors
. 2 - Professional services â other than health related services . 3 - Professional services â health related and retail of pharmaceuticals . 4 - Business Services - Research and development services . 5 - Business Services - Real estate services
. 6 - Business services - Rental or leasing services
. 7 - Business Services - Collection agency services and Credit reporting services . 8 - Business Services - Placement services
. 9 - Business Services - Security and investigation services 10 - Business Services - Other business services
11 - Telecommunication
12 - Construction
13 - Distribution services
14 - Education services
15 - Environmental services
16 - Health services and social services
17 - Tourism and travel related services
18 - Recreational, cultural and sporting services
19 - Transport services and auxiliary transport services
20 - Agriculture, fishing and water
21 - Energy related activities
22 - Other services not included elsewhere
Reservation No. 1 - All sectors
Sector: All sectors
Type of reservation: National treatment Most-favoured-nation treatment Senior management and board of directors Performance requirements
Local presence
Chapter Chapter/Section: Investment Liberalisation and Cross-border Trade In Services Description: the EU Reserves the Right to Adopt or Maintain Any Measure with Respect to the Following:
(a) Establishment
With respect to Investment liberalisation â National treatment; Cross-border trade in services â
National treatment:
In FI: Restrictions on the right for natural persons, who do not enjoy regional citizenship in Aland, and for legal persons, to acquire and hold real property on the Aland Islands without obtaining permission from the competent authorities of the Aland Islands. Restrictions on the right of establishment and right to carry out economic activities by natural persons, who do not enjoy regional citizenship in Aland, or by any enterprise, without obtaining permission from the competent authorities of the Aland Islands.
Existing measures:
FI: Ahvenanmaan maanhankintalaki (Act on land acquisition in Aland) (3/1975), s. 2; and Ahvenanmaan itsehallintolaki (Act on the Autonomy of Aland) (1144/1991), s. 11.
With respect to Investment liberalisationâ National treatment, Performance requirements, Senior
management and boards of directors:
In FR: Pursuant to articles L151-1 and 153-1 sec of the financial and monetary code, foreign investments in France in sectors listed in article R.151-3 of the financial and monetary code are
subject to prior approval from the Minister for the Economy. Existing measures: FR: As set out in the description element as indicated above.
With respect to Investment liberalisation â National treatment, Senior management and boards of
directors:
In FR: Limiting foreign participation in newly privatised companies to a variable amount, determined by the government of France on a case by case basis, of the equity offered to the public. For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is
needed if the managing director is not a holder of a permanent residence permit. With respect to Investment liberalisationâ National treatment:
In BG: Certain economic activities related to the exploitation or use of State or public property are
subject to concessions granted under the provisions of the Concessions Act.
In commercial corporations in which the State or a municipality holds a share in the capital exceeding 50 per cent, any transactions for disposition of fixed assets of the corporation, to conclude any contracts for acquisition of participating interest, lease, joint activity, credit, securing of receivables, as well as incurring any obligations arising under bills of exchange, are subject to
authorisation or permission by the Public Enterprises and Control Agency or other state or regional
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bodies, whichever is the competent authority. This reservation does not apply to mining and quarrying, which are subject to a separate reservation in the Schedule of the Union in Annex 19 to this Agreement.
In IT: The Government may exercise certain special powers in enterprises operating in the areas of defence and national security, and in certain activities of strategic importance in the areas of energy, transport and communications. This applies to all juridical persons carrying out activities considered of strategic importance in the areas of defence and national security, not only to
privatised companies.
If there is a threat of serious injury to the essential interests of defence and national security, the
Government has following special powers to:
(i) to impose specific conditions in the purchase of shares;
(ii) to veto the adoption of resolutions relating to special operations such as transfers,
mergers, splitting up and changes of activity; or
Gii) to reject the acquisition of shares, where the buyer seeks to hold a level of participation in the capital that is likely to prejudice the interests of defence and national security.
Any resolution, act or transaction (such as transfers, mergers, splitting up, change of activity or termination) relating to strategic assets in the areas of energy, transport and communications shall be notified by the concerned company to the Prime Minister's office. In particular, acquisitions by any natural or juridical person outside the European Union that give this person control over the
company shall be notified. The Prime Minister may exercise the following special powers: (i) to veto any resolution, act and transaction that constitutes an exceptional threat of serious injury to the public interest in the security and operation of networks and
supplies;
Gi) to impose specific conditions in order to guarantee the public interest; or
iii) to reject an acquisition in exceptional cases of risk to the essential interests of the State.
The criteria on which to evaluate the real or exceptional threat and conditions and procedures for
the exercise of the special powers are laid down in the law.
Existing measures:
IT: Law 56/2012 on special powers in companies operating in the field of defence and national security, energy, transport and communications; and
Decree of the Prime Minister DPCM 253 of 30.11.2012 defining the activities of strategic
importance in the field of defence and national security.
With respect to Investment liberalisation âNational treatment, Most-favoured nation treatment,
Performance requirements, Senior management and boards of directors:
In LT: Enterprises, sectors, zones, assets and facilities of strategic importance to national security. Existing measures:
LT: Law on the Protection of Objects of Importance to Ensuring National Security of the Republic of Lithuania of 10 October 2002 No. [IX-1132 (as last amended on 17 September 2020, No XII-
3284).
With respect to Investment liberalisation â National treatment and Senior management and boards
of directors:
In SE: Discriminatory requirements for founders, senior management and boards of directors when
new forms of legal association are incorporated into Swedish law.
(b) Acquisition of real estate
With respect to Investment liberalisation â National treatment, Senior management and boards of
directors:
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In HU: The acquisition of state-owned properties.
With respect to Investment liberalisation â National treatment:
In HU: The acquisition of arable land by foreign legal persons and non-resident natural persons.
Existing measures:
HU: Act CXXII of 2013 on the circulation of agricultural and forestry land (Chapter I (Paragraph 6-36) and Chapter IV (Paragraph 38-59)); and
Act CCXII of 2013 on the transitional measures and certain provisions related to Act CXXII of 2013 on the circulation of agricultural and forestry land (Chapter IV (Paragraph 8-20)).
In LV: The acquisition of rural land by nationals of Chile or of a third country.
Existing measures:
LV: Law on land privatisation in rural areas, ss. 28, 29, 30.
In SK: Foreign companies or natural persons may not acquire agricultural and forest land outside the borders of the built-up area of a municipality and some other land (e.g. natural resources, lakes,
rivers, public roads etc.).
Existing measures:
SK: Act No 44/1988 on protection and exploitation of natural resources;
Act No 229/1991 on regulation of the ownership of land and other agricultural property; Act No 460/1992 Constitution of the Slovak Republic;
Act No 180/1995 on some measures for land ownership arrangements;
Act No 202/1995 on Foreign Exchange;
Act No 503/2003 on restitution of ownership to land;
Act No 326/2005 on Forests; and
Act No 140/2014 on the acquisition of ownership of agricultural land.
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With respect to Investment liberalisation â National treatment and Cross-border trade in services â
Local presence:
In BG: Foreign natural and legal persons cannot acquire land. Legal persons of Bulgaria with foreign participation cannot acquire agricultural land. Foreign legal persons and foreign natural persons with permanent residence abroad can acquire buildings and real estate property rights (right to use, right to build, right to raise a superstructure and servitudes). Foreign natural persons with permanent residence abroad, foreign legal persons in which foreign participation ensures a majority in adopting decisions or blocks the adoption of decisions, can acquire real estate property rights in specific geographic regions designated by the Council of Ministers subject to permission.
BG: Constitution of the Republic of Bulgaria, article 22; Law on Ownership and Use of Agricultural Land, article 3; and Law on Forests, article 10.
In EE: Foreign natural or legal persons that are not from the EEA or from members of the Organisation for Economic Co-operation and Development can acquire an immovable asset which contains agricultural and/or forest land only with the authorisation of the county governor and of the municipal council, and must prove as prescribed by law that the immovable asset will, according to
its intended purpose, be used efficiently, sustainably and purposefully.
Existing measures:
EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act) Chapters 2 and 3.
With respect to Investment liberalisation â National treatment and Cross-border trade in services -
National treatment:
In LT: Any measure which is consistent with the commitments taken by the European Union and which are applicable in Lithuania in GATS with respect to land acquisition. The land plot acquisition procedure, terms and conditions, as well as restrictions shall be established by the Constitutional Law, the Law on Land and the Law on the Acquisition of Agricultural Land.
However, local governments (municipalities) and other national entities of Members of the
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Organisation for Economic Co-operation and Development and North Atlantic Treaty Organization conducting economic activities in Lithuania, which are specified by the constitutional law in compliance with the criteria of European Union and other integration which Lithuania has embarked on, are permitted to acquire into their ownership non-agricultural land plots required for
the construction and operation of buildings and facilities necessary for their direct activities.
Existing measures:
LT: Constitution of the Republic of Lithuania;
The Constitutional Law of the Republic of Lithuania on the Implementation of Paragraph 3 of Article 47 of the Constitution of the Republic of Lithuania of 20 June 1996 No. I-1392, new redaction 20 March 2003 No IX-1381, last amendment 12 January 2018 No XIII-981;
Law on land 26 April 1994 No I-446, new redaction 27 January 2004 No. IX-1983, last amendment 26 June 2020 No XIH-3165;
Law on acquisition of agricultural land of 28 January 2003 No IX-1314, new redaction from 1 January 2018 No XII-801, last amendment 14 May 2020 No XIH-2935.
Forest Law of 22 November 1994 No I-671, new redaction 10 April 2001 No IX-240, last amendment 25 June 2020 No XIH-3115.
(c) Recognition
With respect to Investment liberalisation âNational treatment and Cross-border trade in services â
National treatment:
In EU: The Union directives on mutual recognition of diplomas and other professional qualification only apply to the citizens of the Union. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State.
(d) Most-favoured-nation treatment
With respect to Investment liberalisation â Most-favoured-nation treatment and Cross-border trade