In CZ: Incorporation in CZ is required (no branches).
In ES: For passenger transportation, an economic needs test applies to services provided under CPC 7122. Main criterion: local demand. An economic needs test applies for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.
In FR: Unbound for the supply of intercity bussing services (CPC 712).
In IE: Economic needs test for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment (CPC 7121, 7122).
In IT: An economic needs test is applied to limousine services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.
An economic needs test is applied to intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.
An economic needs test is applied to the supply of freight transportation services. Main criteria: local demand (CPC 712).
In MT: For public bus services: The entire network is subject to a concession which includes a Public Service Obligation agreement to cater for certain social sectors (such as students and the elderly) (CPC 712).
In MT: For taxis, numerical restrictions on the number of licences apply. For Karozzini (horse-drawn carriages), numerical restrictions on the number of licences apply (CPC 712).
In PT: For passenger transportation, an economic needs test is applied to the supply of limousine services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment (CPC 71222).
In SE: Maintenance and repair services of road transport equipment are subject to an economic needs test when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints (CPC 6112, 6122, 86764, 86769, part of 8867).
In SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed. Criteria for receiving a taxi licence include that the company has appointed a natural person to act as the transport manager (a de facto residency requirement – see the Swedish reservation on types of establishment) (CPC 712).
In SK: For freight transportation, an economic needs test is applied. Main criteria: local demand (CPC 712).
With respect to Cross-border trade in services:
In the EU, with the exception of BG, for the cross-border supply of supporting services to road transport (CPC 744): None.
In BG: Unbound.
(e)
Services auxiliary to air transport services (CPC 7461, 7469, 83104)
With respect to Investment and Cross-border trade in services:
In the EU: The level of openness of ground-handling services depends on the size of airport. The number of suppliers in each airport may be limited. For big airports, this limit may not be less than two suppliers.
With respect to Investment:
In PL: For storage services of frozen or refrigerated goods, the possibility to supply certain categories of services will depend on the size of the airport. The number of suppliers in each airport may be limited due to available space constraints, and to not less than two suppliers for other reasons (part of CPC 742).
(f)
Space transport and rental of space craft
With respect to Investment and Cross-border trade in services:
The EU: Unbound for the transportation services via space and the rental of space craft (CPC 733, part of 734).
III-EU-17 – Agriculture, fishing, water, manufacturing
(a)
Agriculture, hunting, forestry and services incidental to agriculture, hunting and forestry (ISIC 01, 02, CPC 881)
With respect to Investment and Cross-border trade in services:
In the EU, with the exceptions of HR, HU, PT and SE: None.
In HR: Unbound for agricultural and hunting activities.
In HU: Unbound for agricultural activities (ISIC 011, 012, 013, 014, 015, CPC 8811, 8812, 8813 other than advisory and consultancy services).
In PT: The professions of biologist, chemical analyst and agronomist are reserved for natural persons (CPC 881).
In SE: Unbound for reindeer husbandry (ISIC 014).
(b)
Fishing, aquaculture, and services incidental to fishing (ISIC 05, CPC 882)
With respect to Investment and Cross-border trade in services:
In the EU: Unbound for fishing, aquaculture, services incidental to fishing.
In the EU: Unbound for the establishment of marine or inland aquaculture facilities.
In FR: Unbound for participation in French maritime State property for fish, shellfish or algae farming.
In BG: Unbound for the taking of marine and river-living resources, performed by vessels in the internal marine waters, and the territorial sea of BG.
(c)
Collection, purification and distribution of water (ISIC 41)
With respect to Investment and Cross-border trade in services:
In the EU: Unbound for activities including services relating to the collection, purification and distribution of water to household, industrial, commercial or other users, including the supply of drinking water, and water management.
(d)
Manufacturing (ISIC 16, 17, 18, 19, 20, 21)
With respect to Investment and Cross-border trade in services:
In the EU: None.
(e)
Publishing, printing and reproduction of recorded media (ISIC 22, CPC 88442)
None.
(f)
Manufacturing (ISIC 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37)
None.
III-EU-18 – Mining and energy related activities
(a)
Mining and quarrying (ISIC 10, 11, 12: Mining of energy producing materials, ISIC 13, 14: Mining of metal ores and other mining; CPC 5115, 7131, 8675, 883)
With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BE, FI, IT and NL: None.
In IT: (applies also to the regional level of government for exploration): Mines belonging to the State have specific exploration and mining rules. Prior to any exploitation activity, a permit for exploration is needed (permesso di ricerca, Article 4 Royal Decree 1447/1927). This permit has a duration, defines exactly the borders of the ground under exploration and more than one exploration permit may be granted for the same area to different persons or companies (this type of licence is not necessarily exclusive). In order to cultivate and exploit minerals, an authorisation (concessione, Article 14) from the regional authority is required (ISIC 10, 11, 12, 13, 14, CPC 8675, 883).
With respect to Investment:
In BE: The exploration for and exploitation of mineral resources and other non-living resources in territorial waters and the continental shelf are subject to concession. The concessionaire must have an address for service in BE (ISIC 14).
In FI: For the mining of nuclear material an authorisation may be subject to an economic needs test. Main criteria: overall economic and social benefits (ISIC Rev. 3.1 120).
In NL: The exploration for and exploitation of hydrocarbons in NL is always performed jointly by a private company and the public (limited) company designated by the Minister of Economic Affairs. Articles 81 and 82 of the Mining Act stipulate that all shares in this designated company must be directly or indirectly held by the Dutch State (ISIC Rev. 3.1 10, 3.1 11, 3.1 12, 3.1 13, 3.1 14).
(b)
Energy services – general (ISIC 40, CPC 613, 7131, 7139, 742, 7422, 887 (other than advisory and consulting services))
With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BE, BG, FR and LT: None.
In FR: Unbound for the electricity and gas transmission systems and oil and gas pipeline transport (CPC 7131).
In BE: Unbound for the energy distribution services, and services incidental to energy distribution (CPC 887 other than consultancy services).
In BE: Unbound for energy transmission services, regarding the types of legal entities and to the treatment of public or private operators to whom BE has conferred exclusive rights (ISIC 4010, CPC 71310).
In BG: Unbound for services incidental to energy distribution (part of CPC 88).
With respect to Cross-border trade in services:
In LT: Unbound for pipeline transportation of fuels and services auxiliary to pipeline transport of goods other than fuel.
(c)
Electricity (ISIC 40, 4010; CPC 62279, 887 (other than advisory and consulting services))
With respect to Investment and Cross-border trade in services:
In the EU, with the exception of AT, BG, CZ, FI, FR, LT, MT, NL and SK: None.
In AT, BG: Unbound for the production of electricity, energy distribution services and services incidental to energy distribution (ISIC 4010, CPC 887 other than advisory and consultancy services).
In CZ: Exclusive rights exist with regard to electricity and gas transmission and market operator licences (ISIC 40, CPC 7131, 63297, 742, 887).
In FI: Unbound for the importation of electricity. Unbound for cross-border trade relating to the wholesale and retail of electricity. Unbound for electricity transmission and distribution networks and systems (ISIC 4010, CPC 62279, 887 other than advisory and consultancy services).
In FR: Unbound for the production of electricity (ISIC 4010).
In FR: Unbound for electricity transmission and distribution (ISIC 4010, CPC 887).
In LT: Unbound for wholesale and retail services and trading of electricity that originates from non-safe nuclear sources.
In SK: For the production, transmission and distribution of electricity, wholesale and retail of electricity, and related services incidental to energy distribution, including services in the area of energy efficiency, energy savings and energy audit. An economic needs test is applied and the application may be denied only if the market is saturated (ISIC 4010, CPC 62279, 887).
With respect to Investment:
In MT: EneMalta plc has a monopoly for the provision of electricity (ISIC 4010; CPC 887).
In NL: Unbound for ownership of the electricity network which is exclusively granted to the Dutch government (transmission systems) and other public authorities (distribution systems) (ISIC 4010, CPC 887).
(d)
Fuels, gas, crude oil or petroleum products (ISIC 232, 4020; CPC 62271, 63297, 713, 742, 887 (other than advisory and consulting services))
With respect to Investment and Cross-border trade in services:
In the EU, with the exception of AT, BG, CZ, DK, FI, FR, HU, NL and SK: None.
In AT: Unbound for transportation of gas and goods other than gas (CPC 713).
In BG: Unbound for pipeline transportation, storage and warehousing of petroleum and natural gas, including transit transmission (ISIC 4020, CPC 7131, part of CPC 742).
In CZ: Unbound for gas generation, transmission, distribution, storage and trading (ISIC 2320, 4020, CPC 7131, 63297, 742, 887).
In DK: The owner or user intending to establish a pipeline for the transport of crude or refined petroleum and petroleum products and of natural gas must obtain a permit from the local authority before commencing work. The number of permits issued may be limited (CPC 7131).
In FI: Unbound for gas transmission and distribution networks and systems. Quantitative restrictions in the form of monopolies or exclusive rights for the importation of natural gas (ISIC 4020, CPC 887 other than advisory and consultancy services).
In FR: Only companies where 100 % of the capital is held by the French State, by another public sector organisation or by ENGIE, may own and operate gas transmission or distribution systems for reasons of national energy security (ISIC 4020, CPC 887).
In HU: Unbound for the supply of pipeline transport services. Requires establishment. Services may be provided through a Contract of Concession granted by the State or the local authority. The supply of this service is regulated by the Concession Law (CPC 7131).
In NL: Unbound for the ownership of the electricity network and the gas pipeline network are exclusively granted to the Dutch government (transmission systems) and other public authorities (distribution systems) (ISIC 40, CPC 71310).
In SK: An authorisation is required for manufacture of gas and distribution of gaseous fuels and the pipeline transportation of fuels. An economic needs test is applied and the application may be denied only if the market is saturated. (ISIC 4020, CPC 62271, 63297, 7131, 742 and 887).
(e)
Nuclear (ISIC 12, 2330, part of 4010, CPC 887)
With respect to Investment and Cross-border trade in services:
In the EU, with the exception of AT, BE, BG, DE, FI, FR, HU, and SE: None.
In AT and FI: Unbound for the production, processing, distribution or transportation of nuclear material and generation or distribution of nuclear-based energy.
In DE: Unbound for the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.
In BE: Unbound for the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.
With respect to Investment:
In BG: Unbound for the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade thereof, 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 relating to the use of nuclear energy for peaceful purposes (including engineering and consulting services and services relating to software, etc.).
In FR: Unbound for the manufacturing, production, processing, generation, distribution or transportation of nuclear material for obligations of a Euratom Agreement.
In HU and SE: Unbound for the processing of nuclear fuel and nuclear-based electricity generation. (ISIC 2330, part of 4010).
(f)
Steam and hot water supply (ISIC 4030, CPC 62271, 887)
With respect to Investment and Cross-border trade in services:
In the EU, with the exception of BG, FI and SK: None.
In BG: Unbound for the production and distribution of heat (ISIC 4030, CPC 887).
In SK: An authorisation is required for production and distribution of steam and hot water, wholesale and retail of steam and hot water, and related services incidental to energy distribution. An economic needs test is applied and the application may be denied only if the market is saturated.
With respect to Investment:
In FI: Quantitative restrictions in the form of monopolies or exclusive rights exist for the production and distribution of steam and hot water (ISIC 40, CPC 7131).
In FI: Unbound for the transmission and distribution networks and systems of steam and hot water (ISIC 4030, CPC 7131 other than advisory and consultancy services).
III-EU-19 – Other services not included elsewhere
(a)
Funeral, cremation services and undertaking services CPC 9703
With respect to Investment and Cross-border trade in services:
In the EU, with the exception of CY, DE, FI, PT, SE and SI: None.
In CY, DE, FI, PT, SE and SI: Unbound for funeral, cremation and undertaking services.
(b)
Other business-related services (part of CPC 612, part of 621, part of 625, part of 85990)
With respect to Investment and Cross-border trade in services:
In the EU, with the exception of CZ, LT and FI, for other business-related services (part of CPC 612, part of 621, part of 625, part of 85990): None.
With respect to Cross-border trade in services:
In CZ: Unbound for auction services (part of CPC 612, part of 621, part of 625, part of 85990).
In LT: Unbound for the entity authorised by the government to have exclusive rights to provide the following services: data transmission through secure state data transmission networks.
In FI: Unbound for the cross-border provision of electronic identification services.
(c)
New services
In the EU: Unbound for the provision of new services other than those classified in the CPC.
(1) The EU subscribes to the ‘Understanding on the scope of coverage of computer services – CPC 84’.
Appendix 17-C-2. SCHEDULE OF CHILE
Sector or subsector
Limitations on Market Access
No. 1 All sectors
(a)
State company
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 such interest or asset and on the right of investors or their investments to control any State company created thereby or investments made by the same.
A ‘State company’ 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 date of 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.
(b)