With respect to Investment liberalisation â National treatment, Senior management and boards of
directors:
In BG: For the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade therewith, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of those materials and the
refuse and waste matter of their processing, to the use of ionising radiation, and on all other services
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relating to the use of nuclear energy for peaceful purposes (including engineering and consulting
services and services relating to software etc.).
With respect to Investment liberalisationâ National treatment:
In FR: The manufacturing, production, processing, generation, distribution or transportation of
nuclear material must respect the obligations of an Euratom Agreement.
Existing measures:
AT: Bundesverfassungsgesetz fiir ein atomfreies Osterreich (Constitutional Act for a Non-nuclear Austria) BGBI. I Nr. 149/1999.
BG: Safe Use of Nuclear Energy Act.
FI: Ydinenergialaki (Nuclear Energy Act) (990/1987).
HU: Act CXVI of 1996 on Nuclear Energy; and Government Decree Nr. 72/2000 on Nuclear Energy.
SE: The Swedish Environmental Code (1998:808); and Law on Nuclear Technology Activities (1984;3).
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Reservation No. 22 - Other services not included elsewhere
Sector: Other services not included elsewhere
Industry classification: CPC 9703, part of CPC 612, part of CPC 621, part of CPC 625, part of 85990
Type of reservation:
National treatment
Senior management and board of directors
Performance requirements
Local presence
Chapter Chapter: 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) Funeral, cremation services and undertaking services (CPC 9703)
With respect to Investment liberalisationâ National treatment:
In FI: Cremation services and operation/maintenance of cemeteries and graveyards can only be performed by the state, municipalities, parishes, religious communities or non-profit foundations or
societies.
With respect to Investment liberalisationâ National treatment, Senior management and boards of
directors and Cross-border trade in services â National treatment, Local presence:
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In DE: Only legal persons established under public law may operate a cemetery. The creation and
operation of cemeteries and services related to funerals.
In PT: Commercial presence is required to provide funeral and undertaking services. EEA
nationality is required in order to become a technical manager for entities providing funeral and
undertaking services.
In SE: Church of Sweden or local authority monopoly on cremation and funeral services.
In CY, SI: Funeral, cremation and undertaking services.
Existing measures:
FI: Hautaustoimilaki (Act on Burial Service) (457/2003).
PT: Decree-Law 10/2015, of 16 January alterado p/ Lei 15/2018, 27 marco.
SE: Begravningslag (1990:1144) (Act of Burials); Begravningsférordningen (1990:1147)
(Ordinance of Burials).
(b) New services
With respect to Investment liberalisation âNational treatment, Senior management and boards of
directors, Performance requirements and Cross-border trade in services âNational treatment,
Local presence:
In the EU: For the provision of new services other than those classified in the United Nations
Provisional Central Product Classification (CPC), 1991.
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Chileâs offer
Without Prejudice
Chileâs note: This initial offer text is without prejudice to Chileâs right to amend, withdraw or modify its contents in any manner and at any moment before the conclusion of the EU-
CL modernisation negotiations.
Sector:
Sub-Sector:
Obligations Concerned:
Description:
ANNEX IT
SCHEDULE OF CHILE
National Treatment (Investment)
Most-Favoured-Nation Treatment (Investment)
Investment
Chile reserves the right to adopt or maintain any measure relating to the ownership or control of land within five kilometres of the coastline that is used for agricultural
activities. Such measure could include a requirement that the
Existing Measures:
majority of each class of stock of a Chilean juridical person that seeks to own or control such land be held by Chilean persons or by persons residing in Chile for 183 days or more
per year.
Decree Law 1.939, Official Gazette, November 10, 1977, Rules for acquisition, administration and disposal of State owned assets, Title I (Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977, Normas sobre adquisicién,
administracion y disposicion de bienes del Estado, Titulo 1)
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Existing Measures:
National Treatment (Investment)
Senior Management and Boards of Directors (Investment)
Investment
In the transfer or disposal of any interest in stock or asset held in an existing state enterprise or governmental entity, Chile reserves the right to prohibit or impose limitations on the ownership of said interest or asset and on the right of foreign investors or their investments to control any State company created thereby or investments made by the same. In connection with any such transfer or disposal, Chile may adopt or maintain any measure related to the nationality of senior management and members of the board of directors.
A âState companyâ!
shall mean any company owned or controlled by Chile by means of an interest share in the ownership thereof, and it shall include any company created after the entry into force of this Agreement for the sole purpose of selling or disposing of its interest share in the capital or assets of an existing state enterprise or
governmental entity.
! A list of existing state enterprises in Chile can be found on the following website: http://www.dipres.gob.cl.
3
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Existing Measures:
Most-Favoured-Nation Treatment (Investment and CBTS)
Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force on, or signed
prior to, the date of entry into force of this Agreement.
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Existing Measures:
Communications
Satellite broadcasting of digital telecommunication services.
Local Presence (CBTS)
Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure related to cross-border trade in one way satellite broadcasting
of digital telecommunication services.
Law 18.168, Official Gazette, October 2, 1982, General
Telecommunications Law, Titles I, II, I, V and VI (Ley 18,168, Diario Oficial, octubre 2, 1982, Ley General de
Telecomunicaciones, Titulos I, If, HI, Vy VID
Sector:
Sub-Sector:
Obligations Concerned:
Description:
Existing Measures:
Communications
Satellite broadcasting of digital telecommunication services,
National Treatment (Investment) Most-Favoured-Nation Treatment (Investment) Performance Requirements (Investment)
Senior Management and Boards of Directors (Investment)
Investment
Chile reserves the right to adopt or maintain any measure related to the investors of another Party or to their investments in one way satellite broadcasting of digital telecommunication
services,
Law 18.168, Official Gazette, October 2, 1982, General
Telecommunications Law, Titles I, II, I, V and VI (Ley 18,168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Titulos I, If, HI, Vy VID
Sector: Issues Involving Minorities
Sub-Sector:
Obligations Concerned: National Treatment (Investment and CBTS) Most-Favoured-Nation Treatment (Investment and CBTS) Performance Requirements (Investment) Senior Management and Boards of Directors (Investment) Local Presence (CBTS)
Description: Investment and Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure according rights or preferences to socially or economically
disadvantaged minorities.
Existing Measures:
Sector: Issues Involving Indigenous Peoples
Sub-Sector:
Obligations Concerned: National Treatment (Investment and CBTS) Most-Favoured-Nation Treatment (Investment and CBTS) Performance Requirements (Investment) Senior Management and Boards of Directors (Investment) Local Presence (CBTS)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure
according rights or preferences to indigenous peoples.
Existing Measures:
Sector:
Sub-Sector:
Obligations Concerned:
Science and Technology
Science, Technology and Innovation
Performance Requirements (Investment)
Description:
Existing Measures:
Investment
Chile reserves the right to adopt or impose a requirement or enforce a commitment or undertaking in connection with the establishment or operation of an enterprise or any investment of an investor of the European Union or any Non-Party for achieving a given level or value of research and development in