Article 17.11 or 18.5;
(d)
Article 17.13; or
(e)
Article 17.12.
2.
The reservations of a Party are without prejudice to the rights and obligations of the Parties under GATS.
3.
Each reservation sets out the following elements:
(a)
‘sector’ refers to the general sector in which the reservation is taken;
(b)
‘sub-sector’ refers to the specific sector in which the reservation is taken;
(c)
‘industry classification’ refers, where applicable, to the activity covered by the reservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in the reservation;
(d)
‘type of reservation’ specifies the obligation referred to in paragraph 1 of this Annex for which the reservation is taken;
(e)
‘description’ sets out the scope of the sector, sub-sector or activities covered by the reservation; and
(f)
‘existing measures’ identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
4.
In the interpretation of a reservation, all elements of the reservation shall be considered. The ‘description’ element shall prevail over all other elements.
5.
For the purposes of the schedules of the Parties, ‘ISIC Rev. 3.1’ means the International Standard Industrial Classification of All Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No.4, ISIC Rev. 3.1, 2002.
6.
For the purposes of the schedules of the Parties, a reservation for a requirement to have a local presence in the territory of a Party is taken with respect to Article 18.6 and not with respect to Article 17.9 or 18.4 or, in Annex 17-C, with respect to Article 18.7.
7.
A reservation taken at the level of the EU Party applies to a measure of the European Union, to a measure of a Member State at the central level or to a measure of a government within a Member State, unless the reservation excludes a Member State. A reservation taken by a Member State applies to a measure of a government at the central, regional or local level within that Member State. For the purposes of the reservations of Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers. For the purposes of the reservations of the EU Party, a regional level of government in Finland means the Åland Islands. A reservation taken at the level of Chile applies to a measure of the central government or a local government.
8.
The schedules of the Parties do not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures where they do not constitute a limitation within the meaning of Articles 17.9 and 18.4. Those measures may include, in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service, or to maintain a local address, or any other non-discriminatory requirements that certain activities may not be carried out in protected zones or areas. Although they are not listed in this Annex, such measures continue to apply.
9.
For greater certainty, for the EU Party, the obligation to grant national treatment does not entail a requirement to extend to natural or juridical persons of Chile the treatment granted in a Member State, pursuant to the Treaty on the Functioning of the European Union, or any measure adopted pursuant to that Treaty, including their implementation in the Member States, to:
(a)
natural persons or residents of another Member State; or
(b)
juridical persons constituted or organised under the law of another Member State or of the European Union and having their registered office, central administration or principal place of business in the European Union.
10.
Treatment granted to juridical persons established by investors of a Party in accordance with the law of the other Party (including, in the case of the EU Party, the law of a Member State) and having their registered office, central administration or principal place of business within that other Party, is without prejudice to any condition or obligation, pursuant to Chapter 17, which may have been imposed on such juridical person when it was established in that other Party, and which shall continue to apply.
11.
The schedules of the Parties apply only to the territories of the Parties in accordance with Article 41.2 and are only relevant in the context of trade relations between the EU Party and Chile. They do not affect the rights and obligations of the Member States under European Union law.
12.
The following abbreviations are used in the schedule of the EU Party:
EU European Union, including all its Member States
AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czechia
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 Netherlands
PL Poland
PT Portugal
RO Romania
SE Sweden
SI Slovenia
SK Slovakia
EEA European Economic Area
Appendix 17-B-1. SCHEDULE OF THE EU PARTY
Reservation No. 1 – All sectors
Reservation No. 2 – Professional services – other than health-related services
Reservation No. 3 – Professional services – health related and retail of pharmaceuticals
Reservation No. 4 – Business services – research and development services
Reservation No. 5 – Business services – real estate services
Reservation No. 6 – Business services – rental or leasing services
Reservation No. 7 – Business services – collection agency services and credit reporting services
Reservation No. 8 – Business services – placement services
Reservation No. 9 – Business services – security and investigation services
Reservation No. 10 – Business services – other business services
Reservation No. 11 – Telecommunication
Reservation No. 12 – Construction
Reservation No. 13 – Distribution services
Reservation No. 14 – Education services
Reservation No. 15 – Environmental services
Reservation No. 16 – Health services and social services
Reservation No. 17 – Tourism and travel related services
Reservation No. 18 – Recreational, cultural and sporting services
Reservation No. 19 – Transport services and auxiliary transport services
Reservation No. 20 – Agriculture, fishing and water
Reservation No. 21 – Mining and Energy related activities
Reservation No. 22 – Other services not included elsewhere
Reservation No. 1 – All sectors
Sector:
All sectors
Type of reservation:
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)
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 – National treatment and Cross-border trade in services – National treatment:
In FI: Restrictions on the right of natural persons who do not enjoy regional citizenship in Åland, and of juridical persons, to acquire and hold real property on the Åland Islands without obtaining permission from the competent authorities of the Åland Islands. Restrictions on the right of establishment and right to carry out economic activities by natural persons who do not enjoy regional citizenship in Åland, or by any enterprise, without obtaining permission from the competent authorities of the Åland Islands.
Existing measures:
FI: Ahvenanmaan maanhankintalaki (Act on land acquisition in Åland) (3/1975), 2 §; and Ahvenanmaan itsehallintolaki (Act on the Autonomy of Åland) (1144/1991), 11 § .
With respect to Investment liberalisation – National treatment, Performance requirements, Senior management and boards of directors:
In FR: Pursuant to Articles L151-1 and 153-1 et seq of the financial and monetary code, foreign investments in FR 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 – 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 FR 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 liberalisation – 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 Concessions Act.
In commercial corporations in which the State or a municipality holds a share in the capital exceeding 50 %, 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 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 EU Party in Annex 17-A 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 the following special powers to:
(i)
impose specific conditions in the purchase of shares;
(ii)
veto the adoption of resolutions relating to special operations such as transfers, mergers, splitting up and changes of activity; or
(iii)
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;
(ii)
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 November 2012 defining the activities of strategic importance in the field of defence and national security.
With respect to Investment liberalisation – National 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 XIII-3284).
With respect to Investment liberalisation – 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