Executive Decree No. 35933-S of February 12, 2010- Regulation for the Integral Management of Electronic Waste- Article 16.
Executive Decree No. 36093 of July 15, 2010- Regulation on Ordinary Solid Waste Management- Articles 5, 6 and 48.
Executive Decree No. 37567-S-MINAET-H of November 2, 2012- General Regulations to the Law for Integral Waste Management- Articles 4, 46, 47 and 61.
Description: Cross Border Trade in Services
Costa Rica reserves the right to limit the number of concessions for the supply of solid waste treatment services based on the demand for such services. Priority will be given to concessionaires that are already supplying the service.
Construction or operating permits or licenses are required for the collection, processing, storage, recovery, treatment, disposal, and elimination of ordinary and hazardous waste.
Costa Rica may adopt measures to prohibit the importation of materials whose valorization or integral management is limited or inexistent in the country; to restrict or prohibit the importation, manufacture and commercialization of products that hinder compliance with national policies for the integral management of waste; and to prohibit or temporarily limit the exportation of waste when it has strategic value for the country.
The importation and cross-border movement through the national territory of hazardous, radioactive and bioinfectious waste, and of products and their parts that are expired, damaged, obsolete, as well as those whose registration has been cancelled by the authorities in their country of origin or have reached the end of their useful life is prohibited.
The Ministry of Health may authorize the importation of ordinary waste to be recovered in the country, provided it determines, based on technical studies and applying the precautionary principle, that it does not endanger health and the environment. One of the conditions for granting the authorization is that, for reasons of economies of scale, such importation allows or promotes the establishment of an environmentally adequate technology, duly recognized and accepted at the international level, for the treatment of similar waste generated in the country that otherwise could not be managed locally in a responsible manner.
Annex II. Explanatory Notes
1. The Schedule of a Party to this Annex sets out, in accordance with Articles 12.7 (Non-Conforming Measures) and 13.7 (Non-Conforming Measures), the specific sectors, sub-sectors, or activities for which that Party may maintain existing measures, or adopt new or more restrictive measures that are inconsistent with the obligations imposed by:
(a) Articles 12.2 (National Treatment) or 13.3 (National Treatment);
(b) Article 12.3 (Most-Favored-Nation Treatment) or 13.4 (Most-Favored-Nation Treatment);
(c) Article 12.5 (Senior Management and Boards of Directors);
(d) Article 12.6 (Performance Requirements);
(e) Article 13.5 (Market Access); or
(f) Article 13.6 (Local Presence).
2. Each tab of the Schedule sets out the following elements:
(a) Sector refers to the sector for which the tab has been made;
(b) Obligations Affected specifies the obligation or obligations referred to in the Articles described in paragraph 1 that, by virtue of Articles 12.7 (Nonconforming Measures) and 13.7 (Nonconforming Measures), do not apply to the sectors, subsectors, or activities listed in the schedule; and
(c) Description indicates the coverage of the sectors, subsectors or activities covered by the fiche.
3. Pursuant to Article 12.7 (Nonconforming Measures) and 13.7 (Nonconforming Measures), the Articles of this Agreement specified in the Affected Obligations element of a tab do not apply to the sectors, subsectors, and activities identified in the Description element of that tab.
4. In the interpretation of a reservation all its elements shall be considered. The Description element shall prevail over the other elements.
Annex II. Schedule of Colombia
Sector: Some Sectors
Obligations Concerned: Market Access (Article 13.5)
Description: Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure on:
(a) research and security services;
(b) research and development services;
(c) the establishment of exclusive service areas for services related to the distribution of energy and fuel gas so as to ensure the provision of universal service;
(d) distribution services - wholesale and retail commercial services in sectors in which the Government establishes a monopoly, in accordance with Article 336 of the Political Constitution of Colombia, whose revenues are dedicated to public or social services. As of the date of signature of this Agreement, Colombia has established monopolies only with respect to liquor and luck and chance;
(e) primary and secondary education services, and the requirement of a specific type of legal entity form for higher education services;
(f) services related to the environment that are established or maintained for reasons of public interest;
(g) health and social services, and health-related professional services;
(h) library, archives and museum services;
(i) sports and other recreational services;
(j) the number of concessions and the total number of operations for road passenger transport services, rail passenger and freight transport services, pipeline transport services, ancillary services in connection with all modes of transport, and other transport services.
For greater certainty, no measure shall be inconsistent with Colombia's obligations under Article XVI of the GATS.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 12.2)
Description: Investment
Colombia reserves the right to adopt or maintain measures relating to the ownership of real estate by foreigners in Colombia's border regions, national coasts or island territory.
For the purposes of this tab:
(a) border region means an area two kilometers wide, parallel to the national boundary line;
(b) national coast is an area two kilometers wide, parallel to the line of the highest tide; and
(c) insular territory means the islands, islets, cays, keys, morros, and banks that are part of the territory of Colombia.
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 12.3 and 13.4)
Description: Investment and Cross Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that grants different treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Colombia reserves the right to adopt or maintain any measure that accords different treatment to countries under any bilateral or multilateral international agreement in force or entered into after the date of entry into force of this Agreement with respect to:
(a) aviation;
(b) fisheries; and
(c) maritime matters, including salvage.
Sector: Social Services
Obligations Concerned: National Treatment (Articles 12.2 and 13.3)
Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Senior Executives and Boards of Directors (Article 12.5) Performance Requirements (Article 12.6)
Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure with respect to the application and enforcement of laws and the supply of correctional services, and of the following services to the extent that they are social services that are established or maintained for reasons of public interest: social rehabilitation, income insurance or security, social security services, social welfare, public education and training, health and child care.
For greater certainty, the comprehensive social security system in Colombia is currently comprised of the following mandatory systems: the General Pension System, the General System of Social Security in Health, the General System of Professional Risks and the Unemployment and Unemployment Assistance Regime.
Sector: Minority and Ethnic Group Issues
Obligations Concerned: National Treatment (Articles 12.2 and 13.3)
Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Senior Executives and Boards of Directors (Article 12.5) Performance Requirements (Article 12.6) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities and their ethnic groups, including with respect to communal lands owned by ethnic groups in accordance with Article 63 of the Colombian Constitution. The ethnic groups in Colombia are: the indigenous and ROM (gypsy) peoples, the Afro-Colombian communities, and the Raizal community of the Archipelago of San Andrés, Providencia, and Santa Catalina.
Sector: Cultural Industries and Activities
Obligations Concerned: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4)
Description: Investment and Cross-Border Trade in Services
For the purposes of this fact sheet, the term cultural industries and activities means:
(a) publication, distribution, or sale of books, magazines, periodicals, or electronic or printed newspapers, excluding the printing or typesetting of any of the foregoing;
(b) production, distribution, sale or exhibition of film or video recordings;
(c) production, distribution, sale or exhibition of musical recordings in audio or video format;
(d) production and presentation of performing arts;
(e) production or exhibition of visual arts;
(f) production, distribution or sale of printed music, or machine-readable music;
(g) design, production, distribution and sale of handicrafts;
(h) broadcasting directed to the general public, as well as all radio, television and activities related to cable television, satellite television and broadcasting networks; or
(i) creation and design of advertising content.
Colombia reserves the right to adopt or maintain any measure granting preferential treatment to persons of any other country through any treaty between Colombia and such other country that contains specific commitments regarding cultural cooperation or co-production with respect to cultural industries and activities.
Colombia may adopt or maintain any measure that grants to a person of the other Party treatment equivalent to that accorded by that other Party to Colombian persons in the audiovisual, musical or publishing sectors.
Sector: Jewelry design Performing arts Music
Visual arts Audiovisuals Publishing
Obligations Concerned: Performance Requirements (Article 12.6) National Treatment (Article 13.3)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support (1) for the development and production of jewelry design, performing arts, music, visual arts, audiovisual, and publishing, on the recipient achieving a given level or percentage of domestic creative content.
For greater certainty, this fact sheet does not apply to advertising and performance requirements shall in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures.
Sector: Craft Industries
Obligations Concerned: Performance Requirements (Article 12.6) National Treatment (Article 13.3)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure relating to the design, distribution, retail, or display of handicrafts identified as Colombian handicrafts.
For greater certainty, performance requirements shall in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures.
Sector: Audiovisual
Advertising
Obligations Concerned: Performance Requirements (Article 12.6) National Treatment (Article 13.3)
Description: Investment and Cross-Border Trade in Services
Cinematographic Works
(a) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed 15 percent) of the total number of cinematographic works shown annually in cinemas or exhibition halls in Colombia consist of Colombian cinematographic works. To establish such percentages, Colombia shall take into account the conditions of national cinematographic production, the existing exhibition infrastructure in the country and the attendance averages.
Cinematographic Works on Television Broadcasting
(b) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed 10 percent) of the total number of cinematographic works shown annually on free television channels consist of Colombian cinematographic works. In establishing such percentage, Colombia shall take into account the availability of national cinematographic works for free-to-air television. Such works shall count as part of the domestic content requirements that apply to the channel as described in the Open Television tab on page 21 and 22, paragraph 5, of Annex I.
Community Television (2)
(c) Colombia reserves the right to adopt or maintain any measure requiring that a specified portion of the weekly community television programming (not to exceed 56 hours per week) consist of domestic programming produced by the community television operator.
Commercial Television Broadcasting on Multichannel
(d) Colombia reserves the right to impose the minimum programming requirements set forth in the Open Television tab on page 21 and 22, paragraph 5 of Annex I on multichannel commercial open television, except that such requirements may not be imposed on more than two channels or 25 percent of the total number of channels (whichever is greater) made available by any one provider.
Advertising
(e) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed 20 percent) of the total advertising orders contracted annually with media services companies established in Colombia, other than newspapers, journals and subscription services headquartered outside Colombia, be produced and created in Colombia. Any such measures shall not apply to: (i) the advertising of movie premieres in theaters or exhibition halls; and (ii) any media where the programming or content originates outside Colombia or to the rebroadcasting or rebroadcasting of such programming within Colombia.
Sector: Traditional Expressions
Obligations Concerned: National Treatment (Articles 12.2 and 13.3)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to local communities with respect to the support and development of expressions related to intangible cultural heritage declared under Resolution No. 0168 of 2005.
Such measures must not be inconsistent with Chapter 9 (Intellectual Property).
Sector: Interactive Audio and/or Video Services
Obligations Concerned: Performance Requirements (Article 12.6)
National Treatment (Article 13.3)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain measures to ensure that, where the Government of Colombia finds that Colombian audiovisual content is not readily available to Colombian consumers, access to Colombian audiovisual content programming through interactive audio and/or video services is not unreasonably denied to Colombian consumers.
Sector: Professional Services
Obligations Concerned: National Treatment (Article 13.3)
Most-Favored-Nation Treatment (Article 13.4) Market Access (Article 13.5)
Local Presence (Article 13.6)
Description: Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that allows a professional who is a national of the other Party to practice, only to the extent that the Party where that professional practices offers treatment consistent with the obligations referred to in this tab to Colombian nationals in the processes and requirements of authorization, licensing or certification to practice such profession. Notwithstanding the foregoing, Colombia shall allow professionals who were practicing in its territory prior to the entry into force of this Agreement, in accordance with Colombian regulations, to continue to practice in accordance with existing laws.
For the purposes of this tab, the Party in which the professionals practice is the territory within which the professional obtained his professional license to practice and has practiced most of the time during the last 12 months.
This measure does not apply to a country that has a bilateral agreement in force on the recognition of professional titles with Colombia.
Sector: Land and River Transportation
Obligations Concerned: Most-Favored-Nation Treatment (Article 13.4)
Description: Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that grants different treatment to countries under any bilateral or multilateral international agreement signed after the date of entry into force of this Agreement on land and river transport services.
Sector: Sale and Marketing of Air Transportation Services
Obligations Concerned: National Treatment (Articles 12.2 and 13.3)
Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure on commissions and/or payments from carriers to travel agents and intermediaries in general.