EUROPEAN
COMMISSION
Brussels, 5.7.2023
COM(2023) 434 final
2023/0258 (NLE)
Proposal for a
COUNCIL DECISION
on the signing, on behalf of the European Union, of the Interim Agreement on Trade
between the European Union and the Republic of Chile
EN EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The attached proposal constitutes the legal instrument for authorising the signature of the
Interim Agreement on Trade between the European Union and the Republic of Chile
(hereinafter referred to as 'the ITA').
Relations between the European Union ('EU') and the Republic of Chile ('Chile') are currently
based on the Association Agreement (hereinafter ‘the AA’) between the European
Community and its Member States, of the one part, and Chile, of the other part, which entered
into force on 1 March 2005 (with provisional application as from 1 February 2003)1.
Many changes occurred since the entry into force of the Association Agreement. In 2006, the
European Commission adopted a ‘Global Europe’ strategy, modernising its agenda for EU
trade policy and seeking deeper trade Agreements. The EU has concluded Agreements with
other countries in the region (Trade Agreement with Colombia, Ecuador and Peru,
Association Agreement with Central America) and beyond, inter alia with Canada, Japan,
New Zealand, Singapore and Vietnam.
Chile has signed 26 FTA with 64 Countries, including with the US (2004), China (2006) and
Japan (2007). Chile also joined the Pacific Alliance and the Trans-Pacific Partnership (now
Comprehensive and Progressive Agreement for Trans-Pacific Partnership).
These Agreements go well beyond the ambition and scope of the existing EU-Chile AA in
most areas. As a result, both Parties expressed interest in the modernisation of the AA to
further improve their trade ties and to contribute to deepening political and economic
relations.
During a meeting in the margins of the EU-CELAC Summit held in Santiago on 26-27
January 2013, leaders from the EU and Chile agreed to explore options to modernise the AA,
10 years after its entry into force. In April 2015, the 6th EU-Chile Association Council
endorsed the establishment of the joint working group (‘the Group’) on the modernisation of
the AA. The aim of the Group was to conduct a scoping exercise by assessing the level of
ambition of the perspective negotiations to modernise the AA in all areas. The Group created
two subgroups, one responsible for political and cooperation issues and the other for trade.
The subgroups concluded their work on the occasion of the 14th EU-Chile Association
Committee that was held on 31 January 2017.
On 13 November 2017, the Council adopted a Decision authorising the European
Commission and the High Representative of the Union for Foreign Affairs and Security
Policy to open negotiations for a modernised agreement with Chile to replace the AA.
The negotiations were formally launched on 16 November 2017. The negotiations were
conducted in consultation with the Council Working Party on Latin America and the
Caribbean. The Trade Policy Committee was consulted on the trade-related parts of the
Agreement.
1
OJ L 26, 31.1.2003.
EN 1 EN
The EU and Chile reached the political conclusion of the negotiations on 9 December 2022 in
Brussels.
The modernisation of the existing EU-Chile Association Agreement revolves around two
legal instruments:
1. an Advanced Framework Agreement (AFA), that will include a) the Political and
Cooperation pillar and b) the Trade and Investment pillar (inclusive of investment
protection provisions); and
2. an Interim Agreement on Trade (ITA) covering trade and investment liberalisation.
The ITA will expire when the AFA enters into force.
The ITA is proposed for signature and conclusion at the same time as the AFA and expected
to be signed and concluded in parallel. The ITA, once ratified and entered into force, will
remain in force until the AFA is fully ratified and entered into force.
• Consistency with existing policy provisions in the policy area
The ITA provides a modernised comprehensive legal framework for EU-Chile trade and
investment relations. Upon entry into force of the ITA, Part IV of the AA, including any
subsequent decision by its institutional bodies, will cease to have effects and will be replaced
by the ITA.
The Agreement on Trade in Wines and the Agreement on Trade in Spirits and Aromatised
Drinks (hereinafter ‘the Wines and Spirits Agreements’), previously annexed to the AA2, are
going to be incorporated in the ITA.
The ITA is fully in line with the “Trade for All” strategy of October 2015 by anchoring trade
and investment policy in European and universal standards and values alongside core
economic interests, putting a greater emphasis on sustainable development, human rights,
consumer protection, and responsible and fair trade.
• Consistency with other Union policies
The ITA is fully consistent with European Union policies and will not require the EU to
amend its rules, regulations or standards in any regulated area, e.g. technical rules and product
standards, sanitary or phytosanitary rules, regulations on food and safety, health and safety
standards, rules on GMOs, environmental protection or consumer protection.
The ITA also includes a chapter on Trade and Sustainable Development, which links the
Agreement to the EU’s overall objectives of sustainable development and specific objectives
in the areas of labour, environment, and climate change. This will help the EU to reach its
Green Deal targets of inclusive green and digital transitions, including contributing to the roll
out of the Global Gateway strategy. Furthermore, a Joint Statement by the European Union
and the Republic of Chile on the Provisions on Trade and Sustainable Development contained
in the Interim Agreement on Trade between the European Union and the Republic of Chile
('the Joint Statement') is attached to the Agreement. The Joint Statement foresees that the
Parties will, upon the entry into force of the ITA, initiate a formal review process of its trade
and sustainable development aspects in order to consider the incorporation, as appropriate, of
additional provisions that may be deemed relevant by either Party at that time, including in
the context of their respective domestic policy developments and their recent international
treaty practice. Such additional provisions may relate, in particular, to further enhancing the
enforcement mechanism of the Trade and Sustainable Development chapter, including the
2
The Agreements were amended in 2005, 2006, 2009 and lastly in 2022 (OJ C287/19 of 28 July 2022).
EN 2 EN
possibility to apply a compliance phase, and adequate countermeasures as a last resort.
Without prejudice to the outcome of the review, the Parties will also consider the possibility
of including the Paris Agreement on Climate Change as an essential element of the
Agreements.
Furthermore, the ITA fully safeguards public services and ensures that governments’ right to
regulate in the public interest is preserved by the Agreement and constitutes a basic
underlying principle to it.
Cooperation in Research and Innovation is in accordance with the Agreement for scientific
and technological cooperation between the European Community and the Republic of Chile,
signed in September 2002 and entered into force in January 2007.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
In accordance with the Treaties and the case law of the European Court of Justice, in
particular its Opinion 2/15 on the EU-Singapore FTA of 16 May 2017, all the areas covered
by the ITA would fall within the exclusive external competence of the EU and, more
particularly, within the scope of Articles 91, 100(2) and 207 TFEU.
As a result, the ITA is to be signed by the Union pursuant to a decision of the Council based
on Article 218(5) TFEU and concluded by the Union pursuant to a decision of the Council
based on Article 218(6) TFEU, following the European Parliament’s consent.
• Subsidiarity (for non-exclusive competence)
The ITA as presented to the Council does not cover any matters that fall outside the EU’s
exclusive external competence.
• Proportionality
Trade agreements are the appropriate means to govern market access and the related areas of
comprehensive economic relations with a third country outside the EU. No alternative means
exist to render such commitments and liberalisation efforts legally binding.
This initiative pursues directly the objectives of the Union's external action and contributes to
the political priority of 'EU as a stronger global actor’. It is in line with the EU Global
Strategy’s orientations to engage with other Countries and to revamp its external partnerships
in a responsible way, in order to attain the EU's external priorities. It contributes to the EU’s
trade and development objectives.
Negotiations for the ITA with Chile were carried out in accordance with the negotiating
directives set out by the Council. The outcome of negotiations does not go beyond what is
necessary to achieve the policy objectives set out in the negotiating directives.
• Choice of the instrument
This proposal for a Council decision is submitted in accordance with paragraph 5 of Article
218 TFEU, which envisages the adoption by the Council of a decision authorising the signing
of the agreement. There exists no other legal instrument that could be used in order to achieve
the objective of this proposal.
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3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
An “Evaluation of the Economic Impact of the Trade Pillar of the EU-Chile Association
Agreement” was commissioned by the Commission and completed in March 2012. An “Ex-
ante Study of a Possible Modernisation of the EU-Chile Association Agreement” looking at
options for modernisation was commissioned by the Commission and completed in February
2017.
These assessments demonstrated that, while the coverage of the existing trade pillar was
comprehensive at the time, there was scope for further improvements of the rules and
achieving further market access. It also concluded that it was necessary to update the
Association Agreement to the evolution of the global trade landscape.
Furthermore, a “Sustainability Impact Assessment in Support of the Negotiations for the
Modernisation of the Trade Part of the Association Agreement with Chile” was commissioned
by the Commission and completed in May 2019.
• Stakeholder consultations
The contractors for the external studies undertaken organised numerous consultation and
outreach activities, including: dedicated websites for documents and activities linked to the
studies; online surveys of stakeholders; and individual interviews.
In the context of the Impact Assessment, DG Trade consulted interested stakeholders
including businesses, civil society stakeholders, NGOs, trade unions as well as trade
associations, chambers of commerce and other private interests, on the modernisation. These
consultations with stakeholders involved different consultation activities including open
public on-line consultation.
These external studies, and the consultations held in the context of their preparation, provided
the Commission with input that has been of great value in the negotiations of the ITA.
During the negotiations, meetings to debrief civil society organisations on the status of the
negotiations and to exchange views on the modernisation were also organised.
Negotiations were carried out in consultation with the Council's Working Party on Latin
America and the Caribbean on the political and cooperation aspects of this Agreement, and in
consultation with the Trade Policy Committee on the trade aspects of this Agreement, as the
special committee designated by the Council in accordance with Article 218(4) TFEU. The
European Parliament and the European Economic and Social committee were also regularly
informed through the Committee on International Trade (INTA), notably its Monitoring
Group on Chile, and the Committee on Foreign Affairs. The texts progressively resulting from
the negotiations were circulated throughout the process to both institutions.
• Collection and use of expertise
The “Ex-post evaluation of the implementation of the EU-Chile Free Trade Agreement” was
carried out by the external contractor “ITAQA SARL”.
The “Ex ante Study of a Possible Modernisation of the EU-Chile Association Agreement” was
carried out by the external contractor “Ecorys-Case”.
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The “Sustainability Impact Assessment (SIA) in support of the negotiations for the
modernisation of the trade pillar of the Association Agreement with Chile” was carried out by
the external contractor “BKP Development Research & Consulting”3.
• Impact assessment
The proposal was supported by an Impact Assessment published in May 20174 which
received a positive opinion (SWD/2017/0173 final).
The Impact Assessment concluded that a comprehensive negotiation would deliver positive
benefits for both the EU and Chile. Such benefits included increases in GDP, welfare and
exports, employment, wages (for both less skilled and more skilled employees),
competitiveness and an improved position for both the EU and Chile in respect of other global
competitors. The inclusion of provisions on sustainable development would also have a
positive impact on the promotion and respect of human rights as well as the effective
implementation of International Labour Organisation (ILO) core labour standards.
Furthermore, the Sustainability Impact Assessment (SIA) carried out during the negotiation
provides a comprehensive assessment of the potential economic, social and environmental
impacts of increased trade liberalisation under the ITA in the EU and Chile. The SIA also
analyses the potential impacts of the modernisation on Human Rights and on the
manufacturing, agriculture and services sectors.
The EU and Chile have reached an ambitious agreement in line with most recent trade
agreements such as CETA, Japan and New Zealand. The Agreement will open new
opportunities for trade and investment in both markets and support jobs in the EU.
The ITA will inter alia remove most of the customs duties, extend access to public contracts,
open up services' market, offer predictable conditions for investors and, help prevent illegal
copying of EU innovations and traditional products. The ITA also contains all the guarantees
to make sure that the economic gains do not come at the expense of fundamental rights, social
standards, governments' right to regulate, environment protection or consumers' health and
safety.
• Regulatory fitness and simplification
The ITA is not subject to REFIT procedures. Its nevertheless contains a framework for
simplified trade and investment procedures, reduced export and investment-related costs and
will therefore increase trade and investment opportunities for small and medium-sized
enterprises. Among the expected benefits are increased transparency, less burdensome
technical rules, compliance requirements, customs procedures and rules of origin, enhanced
protection of intellectual property rights and geographical indications, better access to
procurement tender procedures, as well as a special chapter to enable SMEs to maximize the
benefits from the Agreement.
• Fundamental rights
The proposal does not affect the protection of fundamental rights in the Union.
3
https://policy.trade.ec.europa.eu/analysis-and-assessment/sustainability-impact-assessments_en#chile
4
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52017SC0173
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4. BUDGETARY IMPLICATIONS
The ITA will have a limited negative impact on the EU budget in the form of elimination of
customs duties due to tariff liberalisation. Indirect positive impacts are expected in terms of
increases in resources linked to value added tax and gross national income.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The ITA includes institutional provisions that lay down an implementing bodies' structure to
continuously monitor its implementation, operation and impact.
The institutional provisions of the ITA establish the specific functions and tasks of the Trade
Council and Trade Committee which will continuously monitor the implementation and
application of the ITA.
The Trade Committee will assist the Trade Council in the performance of its function and
supervise the work of all Sub-Committees and other bodies established under the ITA. The
Trade Committee comprised of representatives of the EU and Chile with responsibility for
trade-related matters who will meet every year or at the request of either side.
• Explanatory documents (for directives)
Not applicable.
• Detailed explanation of the specific provisions of the proposal
The ITA broadens the scope of the current bilateral trade framework and adjusts it to the new
political and economic global challenges, to the new reality of the EU-Chile partnership and
to the level of ambition of recently concluded trade agreements and negotiations conducted by
the EU and Chile.
The ITA creates a coherent, comprehensive, up-to-date legally binding framework for the
EU's relations with Chile. It will foster trade and investment by contributing to the expansion
and diversification of economic and trade relations.
The ITA also includes a civil society consultation mechanism extended to the whole
Agreement to allow the civil society on both sides to be heard on all the provisions in the
Agreement.
In line with the objectives set by the negotiating directives, the ITA will offer:
Improved market access for agricultural and fisheries exports and improved rules
Under the current Association Agreement, all industrial goods and a considerable part of
agricultural and fisheries products had already been liberalised. With the modernisation, the
Trade in Goods chapter results in full liberalisation for more than 99% of all tariff lines.
At the same time, the ITA takes EU agricultural sensitivities fully into account. The EU will
not fully liberalise its markets for highly sensitive products, such as poultry, beef, pork and
olive oil. These products imported from Chile will only have a limited and controlled access
to the EU market through carefully calibrated tariff quotas that take into account concerns of
European farmers and consumer preferences.
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Moreover, the Trade in Goods text contains additional and more extensive rules that will
facilitate trade between the EU and Chile. This includes provisions on fees and formalities,
import and export licensing, prohibition of export duties, and binding of tariffs for which full
duty elimination is not foreseen (standstill). It also contains new generation provisions on
export competition, remanufacturing, goods entered after repair and provisions to facilitate the
temporary admission of goods.
Simplified Rules of Origin
The Rules of Origin (RoO) have been reviewed and in some cases simplified to take into
consideration the need of industry, for example, for key industrial products such as cars or
pharmaceuticals.
Modernised and simplified border procedures
The ITA contains an ambitious Chapter on Customs and Trade Facilitation based on the
provisions of the WTO Agreement on Trade Facilitation (TFA) and going even further in
certain areas. The EU and Chile undertake to apply simplified, modern and where possible
automated procedures for the efficient and expedited release of goods through streamlined
requirements on data and documentation, pre-arrival processing of customs documentation
and information as well as effective and non-discriminatory risk management.
Ensuring fair trade and business conditions
In order to be able to deal efficiently and effectively with unfair trading practices, improved
disciplines regarding trade remedies have been agreed. In addition, the ITA contains
provisions to protect domestic industries in the event that increased imports of a product
arising from the Agreement is causing, or risks causing, serious injury to that industry. The
ITA also contains a subsidy chapter which helps to level the playing field between EU and
Chilean companies through increased transparency for subsidies to both goods and services,
consultations if subsidies risk having a negative effect on trade, and rules on the most harmful
subsidies (restructuring aid without restructuring plan and unlimited guarantees).
The ITA also ensures that companies respect the basic competition principles: no abuse of a
dominant position, no agreements between enterprises that restrict competition, and scrutiny
of the competitive effects of a merger. At the same time, the ITA will ensure the level playing
field between public and private enterprises on the market. State-owned enterprises,
enterprises granted special rights or privileges and designated monopolies must act in a non-
discriminatory manner and according to commercial considerations when buying and selling
goods and services on the market.
Ensuring sustainability
The ITA contains a fully-fledged ambitious Trade and Sustainable Development chapter, to
enhance the integration of sustainable development in the Parties’ trade and investment
relationship through legally binding commitments on environmental protection, climate
change and labour rights, provisions on cooperation and dialogue, including with civil society,
as well as dispute settlement procedures.
Moreover, the ITA is the first trade agreement concluded by the EU to include a dedicated
Chapter on Trade and Gender Equality. This Chapter incorporates a gender perspective into
the promotion of inclusive economic growth. In this Chapter, the EU and Chile reaffirm their
commitment to effectively implement their obligations under the Convention on the
Elimination of all Forms of Discrimination Against Women as well as under other multilateral
agreements addressing gender equality or women’s rights. In a non-regression clause, EU and
Chile commit not to weaken or reduce the levels of protection granted under their respective
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laws aimed at ensuring gender equality or equal opportunities for women and men, nor to
waive or otherwise derogate from such laws, in order to encourage trade or investment.
Finally, a Joint Statement by the European Union and the Republic of Chile on the Provisions
on Trade and Sustainable Development is attached to the ITA, in which EU and Chile
expressed their joint intent to initiate a review of the Trade and Sustainable chapter upon entry
into force of the ITA, in order to consider the incorporation, as appropriate, of additional
provisions that may be deemed relevant by either Party at that time. In that review, the EU
will be guided by the Communication from the European Commission to the European
Parliament, the Council, the European Economic and Social Committee and the Committee of
the Regions, entitled “The power of trade partnerships: together for green and just economic
growth” (COM(2022) 409 final), in particular with regard to further enhancing the
enforcement mechanism. Without prejudice to the outcome of the review, the EU and Chile
will also consider the possibility of including the Paris Agreement on Climate Change as an
essential element of the Agreements.
Focusing on the needs of smaller businesses
The ITA requires the EU and Chile to set up a website for Small and Medium Enterprises
(SMEs) which will make it easier for SMEs to access information and therefore benefit from
all provisions of the Agreement. Contact points in the EU and Chile will work together to take
into account the specific needs of SMEs and identify ways in which they can take advantage
of new opportunities in each market.
Opportunities for service suppliers and rules for digital trade
The ITA contains comprehensive disciplines covering market access for services and
investment in all sectors of the economy, and specific disciplines covering digital trade. It
aims to establish a level playing field notably for EU service suppliers involved in sectors
such as telecommunications and financial services, as well as in areas such as delivery
services and maritime services. The ITA also provides a framework for the Parties to
recognise each other's qualifications in regulated professions such as architects, accountants,
lawyers and engineers. In digital trade, the agreement establishes horizontal disciplines,
including for areas such as online trade in goods or services, and that are indispensable for the
good functioning of online trade.
Encouraging investment
The ITA contains provisions liberalising investment following the same approach as the most
ambitious EU trade agreements concluded so far. In particular, all substantive disciplines
under this Chapter will apply identically to both services and non-services sectors. In
particular, investors and their investments will be able to benefit from the commitment to
provide non-discriminatory treatment in comparison to domestic or 3rd country investors, as
well as from the ambitious disciplines for non-discriminatory market access barriers, in the
form of non-discriminatory quantitative restrictions such as monopolies and exclusive rights,
quotas, and economic needs tests.
Performance requirements, such as requirements to achieve a certain level of local content or
to transfer technology, as a condition attached to the establishment or operation of any
enterprise, will be prohibited while taking due account of Parties’ sensitivities, thus enhancing
the existing disciplines under the WTO TRIMS agreement.
One specific feature of the Investment Chapter negotiated with Chile is that it provides for
national treatment of locally established enterprises with respect to purchase of goods and
services through public procurement, a commitment which is normally found in the Public
Procurement Chapter in other EU agreements.
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The Parties’ liberalisation commitments are subject to narrowly defined exclusions (such as
for the audiovisual sector), and specific reservations that either limit the Parties’ respective
degree of openness, or define the desired future policy space for sectors considered
particularly sensitive. The reservations are scheduled through a ‘hybrid list’ approach, i.e. a
‘positive list’ for market access obligations (based on a list of specific sectors which are
committed), and a ‘negative list’ (all sectors committed with the exception of specific
reservations for certain sectors) for all other substantive obligations. The Parties’ specific
commitments reflect a high level of liberalisation, corresponding to their most ambitious
agreements concluded so far, including comprehensive market access commitments for non-
service sectors).
Access to Chilean public tenders
The ITA provides for more opportunities for bidders to access public procurement contracts.
Chile has opened up its government tenders to EU companies to a greater extent than with any
of its other trading partners. EU companies will be able to bid to provide goods and services
not only at central but also sub-central level. EU and Chile also undertake to subject their
public procurement procedures to a modern set of rules, applying high standards of
transparency, non-discrimination and equal treatment.
Setting better protection for innovation and creative works
The ITA establishes a level playing field by ensuring that Chile and the EU also follow a
common approach on Intellectual Property Rights (IPRs) enforcement and that both sides take
action to fight against counterfeiting and piracy and uncompetitive practices. It ensures a high
level of protection of IPRs and their enforcement. It also includes the reciprocal protection of
a selected list of EU and Chilean Geographical Indications (GIs). In the case of the EU, 216
EU GIs will be protected. This is in addition to the existing Agreements on wines and spirits,
which protect 1745 GI for wines and 257 GIs for spirits and 5 for aromatised wines from the
EU in Chile. Those GIs lists have also been updated in a parallel process.
Ensuring safe and sustainable trade in agri-food products
The ITA includes a chapter on Sanitary and Phytosanitary matters (SPS) providing many
specific trade facilitation measures. This should enable faster yet safe trade. Both the EU and
Chile keep their right to establish the level of protection they consider appropriate.
Furthermore, the ITA includes a Sustainable Food System chapter foreseeing cooperation on
specific aspects of sustainable food systems, such as the sustainability of the food chain and
reduction of food loss and waste, the fight against food fraud along the food chain, animal
welfare, the fight against antimicrobial resistance and reducing the use and risk of fertilizers
as well as chemical pesticides, which imply, , unacceptable risks for health or the environment
as shown in relevant assessments. Among the cooperation activities to fight against the
antimicrobial resistance, the EU and Chile have agreed to phase out the use of antibiotics as
growth promoters.
Ensuring that technical regulations, standards, and conformity assessment procedures are non-
discriminatory and do not create unnecessary obstacles to trade
To increase regulatory convergence between Chile and the EU based on international
standardisation, the Parties agreed on a closed list of international standardisation
organisations and reiterated their commitment to base their technical regulations and
conformity assessment procedures on relevant international standards developed by these
organisations. The ITA highlights the importance of impact assessments in the preparation of
technical regulations and conformity assessments. It promotes a risk-based approach to
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conformity assessment, including consideration of supplier’s declaration of conformity, and
the use of accreditation to qualify conformity assessment bodies, including the mechanisms of
the International Laboratory Accreditation Cooperation (ILAC) and the International
Accreditation Forum (IAF). In addition to general provisions on regulatory cooperation that
will enable Chile and the EU to cooperate on future regulatory issues of mutual interest, the
ITA also establishes a specific cooperation on market surveillance and product safety that
provides for the exchange of information on non-compliant or dangerous products on the
respective markets. The Parties also agreed on an annex on motor vehicles, which will
facilitate the approval of new motor vehicles and acceptance of type-approval certificates.
Transparency and Good Regulatory Practices
The ITA includes a Transparency Chapter with ambitious provisions on the publication,
administration, and review and appeal of measures of general application related to trade
matters and a Chapter that establishes a set of Good Regulatory Practices that EU and Chile
will use when developing regulations.
Modern Procedures on Dispute settlement
The ITA includes provisions on State-to-State Dispute Settlement establishing effective and
transparent modern procedures grounded in due process to prevent and solve any disputes
between Chile and the EU.
Institutional Structure
Finally, the institutional structure of the ITA is composed of a Trade Council, a Trade
Committee and a number of Sub-Committees. The Trade Council oversees the fulfilment of
the objectives of ITA and supervises its implementation. In the performance of its duties, it is
assisted by the Trade Committee, responsible for the general implementation of the ITA,
including the definition and supervision of the sectoral dialogues.
The Trade Council and the Trade Committee may establish additional Sub-Committees and
other bodies to assist in the exercise of their functions and to address specific tasks or subject
matters.
The Parties shall promote the participation of civil society in the implementation of the
ITA, in particular through interaction with the Civil Society Forum referred to in
Articles 33.7, and with their respective Domestic Consultative Group, referred to in Article
33.6.
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2023/0258 (NLE)
Proposal for a
COUNCIL DECISION
on the signing, on behalf of the European Union, of the Interim Agreement on Trade
between the European Union and the Republic of Chile
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 91(1), Article 100(2), and Article 207(4), first subparagraph, in conjunction with
Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 13 November 2017, the Council authorised the Commission and the High
Representative of the Union for Foreign Affairs and Security Policy to open
negotiations for a modernised agreement with Chile to replace the Association
Agreement.
(2) On 9 December 2022, the negotiations between the European Union and Chile were
successfully concluded.
(3) The modernisation of the existing EU-Chile Association Agreement foresees two
parallel legal instruments:
– the Advanced Framework Agreement between the European Union and its
Member States, of the one part, and the Republic of Chile, of the other part,
which includes a) the Political and Cooperation pillar and b) the Trade and
Investment pillar (inclusive of investment protection provisions);
– and the Interim Agreement on Trade between the European Union and
Republic of Chile ('the Agreement'), covering trade and investment
liberalisation, which will cease to have effect and be replaced by the Advanced
Framework Agreement upon entry into force of the latter.
(4) A Joint Statement by the European Union and the Republic of Chile on the Provisions
on Trade and Sustainable Development contained in the Interim Agreement on Trade
between the European Union and the Republic of Chile ('the Joint Statement') is
attached to the Agreement.
(5) The Agreement should be signed on behalf of the Union, subject to its subsequent
conclusion. The Joint Statement attached to the Agreement should be endorsed on
behalf of the Union,
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HAS ADOPTED THIS DECISION:
Article 1
1. The signing of the Agreement is hereby approved on behalf of the Union, subject to
the conclusion of the Agreement.
2. The Joint Statement attached to the Agreement, is hereby endorsed on behalf of the
Union.
3. The texts of the Agreement and of the Joint Statement are attached to this Decision.
Article 2
The Commission is hereby authorised to designate the person(s) empowered to sign the
Agreement, subject to the conclusion of the said Agreement at a later date, and to endorse the
Joint Statement attached to it on behalf of the Union.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels,
For the Council
The President
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EUROPEAN
COMMISSION
Brussels, 5.7.2023
COM(2023) 434 final
ANNEX 1 – PART 1/3
ANNEX
to the
Proposal for a Council Decision
on the signing, on behalf of the European Union, of the Interim Agreement on Trade
between the European Union and the Republic of Chile
EN EN
INTERIM AGREEMENT ON TRADE
BETWEEN THE EUROPEAN UNION, OF THE ONE PART,
AND THE REPUBLIC OF CHILE, OF THE OTHER PART
& /en 1
PREAMBLE
THE EUROPEAN UNION,
of the one part,
and
THE REPUBLIC OF CHILE, hereinafter referred to as "Chile",
of the other part,
hereinafter jointly referred to as "the Parties",
CONSIDERING the strong cultural, political, economic and cooperation ties which unite them;
MINDFUL of the significant contribution to strengthen these ties made by the Association
Agreement;
EMPHASISING the comprehensive nature of their relationship;
& /en 2
CONSIDERING their commitment to modernise the Association Agreement to reflect new political
and economic realities and the advancements made in their partnership;
ACKNOWLEDGING the importance of a strong and effective multilateral system, based upon
international law, in preserving peace, preventing conflicts and strengthening international security
and in tackling common challenges;
AFFIRMING their commitment to strengthen cooperation on bilateral, regional and global issues of
common concern and to use all available tools to promote activities designed to develop an active
and reciprocal international cooperation;
RECOGNISING the interim character of this Agreement, which will strengthen bilateral economic
and trade relations between the Parties, which will cease to have effect and be replaced by the
Advanced Framework Agreement upon the entry into force of that Agreement;
& /en 3
WELCOMING the adoption and calling for the implementation of the Sendai Framework for
Disaster Risk Reduction 2015 – 2030, adopted at the Third UN World Conference in Sendai
on 18 March 2015, the Addis Ababa Action Agenda of the Third International Conference on
Financing for Development, adopted at Addis Ababa on 13-16 July 2015, the Resolution 70/1
adopted by the General Assembly of the United Nations on 25 September 2015 containing the
outcome document "Transforming our world: the 2030 Agenda for Sustainable Development and
the 17 Sustainable Development Goals" ("2030 Agenda"), the Paris Agreement under the United
Nations Framework Convention on Climate Change, done at Paris on 12 December 2015 ("Paris
Agreement"), the New Urban Agenda, adopted during the UN Conference on Housing and
Sustainable Urban Development (Habitat III) in Quito on 20 October 2016 ("New Urban Agenda")
and the World Humanitarian Summit Commitments, adopted at the World Humanitarian Summit in
Istanbul on 23-24 May 2016;
REAFFIRMING their commitment to promote sustainable development in its economic, social and
environmental dimensions, their commitment to the development of international trade in such a
way as to contribute to sustainable development in these three dimensions, which are recognised as
deeply interlinked and mutually reinforcing, and their commitment to promote the achievement of
the objectives of the 2030 Agenda;
REAFFIRMING their commitment to expand and diversify their trade relations in conformity with
the WTO Agreement and the specific objectives and provisions set out in this Agreement;
& /en 4
DESIRING to strengthen their economic relations, in particular their trade and investment relations,
by strengthening and improving market access, and contributing to economic growth, while
remaining mindful of the need to raise awareness of the economic and social impact of
environmental damage, unsustainable patterns of production and consumption and their associated
impact on human well-being;
CONVINCED that this Agreement will create a climate conducive to the growth of sustainable
economic relations between them, in particular in the trade and investment sectors which are
essential to the realisation of economic and social development, technological innovation and
modernisation;
RECOGNISING that the provisions of this Agreement are intended to stimulate mutually beneficial
economic activity without undermining the right of each Party to regulate in the public interest
within its territory;
RECOGNISING the close relationship between innovation and trade, as well as the relevance of
innovation for economic growth and social development; and
RECALLING the importance of the various agreements signed by the European Union and Chile,
which have fostered cooperation across the sectoral areas of the relationship between the Parties,
and increased trade and investment,
HAVE AGREED AS FOLLOWS:
& /en 5
CHAPTER 1
GENERAL PROVISIONS
ARTICLE 1.1
Establishment of a free trade area
The Parties hereby establish a free trade area, in conformity with Article XXIV of GATT 1994 and
Article V of GATS.
ARTICLE 1.2
Objectives
The objectives of this Agreement are:
(a) the expansion and the diversification of trade in goods, in conformity with Article XXIV of
GATT 1994, between the Parties through the reduction or elimination of tariff and non-tariff
barriers to trade;
& /en 6
(b) the facilitation of trade in goods, in particular through the provisions regarding customs and
trade facilitation, standards, technical regulations, conformity assessment procedures, and
sanitary and phytosanitary measures, while preserving the right of each Party to regulate to
achieve public policy objectives;
(c) the liberalisation of trade in services, in conformity with Article V of GATS;
(d) the development of an economic climate which is conducive to increased investment flows,
the improvement of the conditions of establishment on the basis of the principle of non-
discrimination while preserving the right of each Party to adopt and enforce measures
necessary to pursue legitimate policy objectives;
(e) the facilitation of trade and investment between the Parties, including through the free transfer
of current payments and capital movements;
(f) the effective and reciprocal opening of public procurement markets of the Parties;
(g) the promotion of innovation and creativity by ensuring the adequate and effective protection
of intellectual property rights in accordance with the international obligations applicable
between the Parties;
(h) the promotion of conditions fostering undistorted competition, in particular with regard to
trade and investment between the Parties;
& /en 7
(i) the development of international trade in a manner that contributes to sustainable
development in its economic, social and environmental dimensions; and
(j) the establishment of an effective, fair and predictable dispute settlement mechanism to resolve
disputes regarding the interpretation and application of this Agreement.
ARTICLE 1.3
Definitions of general application
For the purposes of this Agreement:
(a) "Advanced Framework Agreement" means the Advanced Framework Agreement between the
European Union and its Member States, of the one part, and the Republic of Chile, of the
other part, to be concluded;
(b) "Agreement on Agriculture" means the Agreement on Agriculture in Annex 1A to the
WTO Agreement;
(c) "Anti-Dumping Agreement" means the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade in Annex 1A to the WTO Agreement;
& /en 8
(d) "Association Agreement" means the Agreement establishing an association between the
European Community and its Member States, of the one part, and the Republic of Chile, of
the other part, signed in Brussels on 18 November 2002;
(e) "customs duty" means any duty or charge of any kind imposed on or in connection with the
importation of a good, not including any:
(i) charge equivalent to an internal tax imposed in accordance with Article 2.4 of this
Agreement;
(ii) anti-dumping, special safeguard, countervailing or safeguard duty applied in conformity
with GATT 1994, the Anti-Dumping Agreement, the Agreement on Agriculture, the
SCM Agreement and the Safeguards Agreement, as appropriate; and
(iii) fee or other charge imposed on or in connection with the importation that is limited in
amount to the approximate cost of services rendered;
(f) "CPC" means the Provisional Central Product Classification (Statistical Papers Series M
No.77, Department of International Economic and Social Affairs, Statistical Office of the
United Nations, New York, 1991);
(g) "days" means calendar days, including weekends and holidays;
& /en 9
(h) "existing" means in effect on the date of entry into force of this Agreement;
(i) "GATS" means the General Agreement on Trade in Services in Annex 1B to the WTO
Agreement;
(j) "GATT 1994" means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the
WTO Agreement;
(k) "good of a Party" means a domestic good as that is understood in GATT 1994, and includes
originating goods of that Party;
(l) "Harmonized System" or "HS" means the Harmonized Commodity Description and Coding
System, including its General Rules of Interpretation, Section Notes, Chapter Notes and
Subheading Notes, developed by the World Customs Organization;
(m) "heading" means the first four digits in the tariff classification number under the Harmonized
System;
(n) "juridical person" means any legal entity duly constituted or otherwise organised under
applicable law, whether for profit or otherwise, and whether privately owned or publicly
owned, including any corporation, trust, partnership, joint venture, sole proprietorship or
association;
& /en 10
(o) "measure" means any measure in the form of a law, regulation, rule, procedure, decision,
administrative action, requirement, practice or any other form;
(p) "measure of a Party" means any measure adopted or maintained by: 1
(i) governments and authorities at all levels;
(ii) non-governmental bodies in the exercise of powers delegated by governments or
authorities at all levels2; or
(iii) any entity which is in fact acting on the instructions of or under the direction or the
control of a Party with regard to the measure3;
(q) "Member State" means a Member State of the European Union;
1 For greater certainty, "measure" includes omissions of a Party to take actions that are
necessary to fulfil its obligations under this Agreement.
2 For greater certainty, if a Party claims that an entity is acting as referred to in
subparagraph (iii), that Party bears the burden of proof and at least must provide solid indicia.
3 For the purposes of Chapters 10 to 20, the definition of a "natural person" also includes a
natural person permanently residing in the Republic of Latvia who is not a citizen of the
Republic of Latvia or any other State but who is entitled, under the law of the Republic of
Latvia, to receive a non-citizen passport.
& /en 11
(r) "natural person" means:
(i) for the European Union, a national of a Member State, according to its law1; and
(ii) for Chile, a national of Chile, according to its law;
(s) "originating good" means a good qualifying under the rules of origin set out in Chapter 3;
(t) "person" means a natural person or a juridical person;
(u) "personal data" means any information relating to an identified or identifiable natural person;
(v) "Safeguards Agreement" means the Agreement on Safeguards in Annex 1A to the
WTO Agreement;
(w) "sanitary or phytosanitary measure" means any measure referred to in paragraph 1 of
Annex A to the SPS Agreement;
(x) "SCM Agreement" means the Agreement on Subsidies and Countervailing Measures in
Annex 1A to the WTO Agreement;
1 For the purposes of Chapters 10 to 20, the definition of a "natural person" also includes a
natural person permanently residing in the Republic of Latvia who is not a citizen of the
Republic of Latvia or any other State but who is entitled, under the law of the Republic of
Latvia, to receive a non-citizen passport.
& /en 12
(y) "SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary
Measures in Annex 1A to the WTO Agreement;
(z) "TBT Agreement" means the Agreement on Technical Barriers to Trade in Annex 1 to the
WTO Agreement;
(aa) "third country" means a country or territory outside the territorial scope of application of this
Agreement as set out in Article 33.8;
(ab) "TRIPS Agreement" means the Agreement on Trade-Related Aspects of Intellectual Property
Rights in Annex 1C to the WTO Agreement;
(ac) "Vienna Convention on the Law of Treaties" means the Vienna Convention on the Law of
Treaties, done at Vienna on 23 May 1969; and
(ad) "WTO Agreement" means the Marrakesh Agreement Establishing the World Trade
Organization, done at Marrakesh on 15 April 1994.
& /en 13
ARTICLE 1.4
Relation to the WTO Agreement and other existing agreements
1. The Parties affirm their rights and obligations with respect to each other under the
WTO Agreement and other existing agreements to which they are party.
2. Nothing in this Agreement shall be construed as requiring either Party to act in a manner
which is inconsistent with its obligations under the WTO Agreement.
3. In the event of any inconsistency between this Agreement and any existing agreement other
than the WTO Agreement to which both Parties are party, the Parties shall immediately consult with
each other with a view to finding a mutually satisfactory solution.
ARTICLE 1.5
References to laws and other agreements
1. Unless otherwise provided, where reference is made in this Agreement to the laws and
regulations of a Party, those laws and regulations shall be understood to include any amendments
thereto.
& /en 14
2. Unless otherwise provided for in this Agreement, where international agreements are referred
to or incorporated, in whole or in part, into this Agreement, they shall be understood to include any
amendments thereto or successor agreements which enter into force for both Parties on or after the
date of signature of this Agreement.
3. If any matter arises regarding the implementation or application of this Agreement as a result
of any amendment or successor agreement as referred to in paragraph 2, the Parties may, on request
of either Party, consult with each other with a view to finding a mutually satisfactory solution.
ARTICLE 1.6
Fulfilment of obligations
1. Each Party shall take any general or specific measures required to fulfil its obligations under
this Agreement.
2. If a Party considers that the other Party has failed to fulfil any of the obligations that are
described as essential elements in Article 1.2(2) or Article 2.2(1) of the Advanced Framework
Agreement, it may take appropriate measures. "Appropriate measures" shall be taken in full respect
of international law and shall be proportionate to the failure to fulfil the obligations referred to in
this paragraph. Priority must be given to those which least disturb the functioning of this
Agreement. For the purposes of this paragraph, "appropriate measures" may include the suspension,
in part or in full, of this Agreement.
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3. The measures referred to in paragraph 2 may be taken irrespective of whether the relevant
provisions of the Advanced Framework Agreement are being provisionally applied.
CHAPTER 2
TRADE IN GOODS
ARTICLE 2.1
Objective
The Parties shall progressively and reciprocally liberalise trade in goods in accordance with this
Agreement.
ARTICLE 2.2
Scope
Except as otherwise provided in this Agreement, this Chapter applies to trade in goods of a Party.
& /en 16
ARTICLE 2.3
Definitions
For the purposes of this Chapter and Annex 2:
(a) "Agreement on Import Licensing Procedures" means the Agreement on Import Licensing
Procedures in Annex 1A to the WTO Agreement;
(b) "consular transactions" means the procedure for obtaining from a consul of the importing
Party in the territory of the exporting Party, or in the territory of a third party, a consular
invoice or a consular visa for a commercial invoice, certificate of origin, manifest, shipper's
export declaration or any other customs documentation connected with the importation of a
good;
(c) "Customs Valuation Agreement" means the Agreement on Implementation of Article VII of
GATT 1994 in Annex 1A to the WTO Agreement;
(d) "export licensing procedure" means an administrative procedure requiring the submission of
an application or other documentation other than that generally required for customs clearance
purposes, to the relevant administrative body or bodies as a prior condition for exportation
from the territory of the exporting Party;
& /en 17
(e) "import licensing procedure" means an administrative procedure requiring the submission of
an application or other documentation, other than that generally required for customs
clearance purposes, to the relevant administrative body or bodies as a prior condition for
importation into the territory of the importing Party;
(f) "remanufactured good" means a good classified in HS Chapters 84 to 90 or under
heading 94.02, except a good classified under HS headings 84.18, 85.09, 85.10, 85.16
and 87.03 or subheadings 8414.51, 8450.11, 8450.12, 8508.1 and 8517.11, that:
(i) is entirely or partially comprised of parts obtained from goods that have been used;
(ii) has similar performance and working condition compared to an equivalent good in new
condition; and
(iii) is given the same warranty as an equivalent good in new condition;
(g) "repair" means any processing operation undertaken on a good to remedy operating defects or
material damage and entailing the re-establishment of the good to its original function or to
ensure compliance with technical requirements for its use, without which the good could no
longer be used in the normal way for the purposes for which it was intended; repair of a good
includes restoration and maintenance, but does not include an operation or process that:
(i) destroys the essential characteristics of a good, or creates a new or commercially
different good;
& /en 18
(ii) transforms an unfinished good into a finished good; or
(iii) is used to improve or upgrade the technical performance of a good;
(h) "staging category" means the timeframe for the elimination of customs duties ranging from
zero to seven years, after which a good is free of customs duty (unless otherwise specified in
the schedules in Annex 2.
ARTICLE 2.4
National treatment on internal taxation and regulation
Each Party shall accord national treatment to the goods of the other Party in accordance with
Article III of GATT 1994, including its Notes and Supplementary Provisions. To that end,
Article III of GATT 1994 and its Notes and Supplementary Provisions are incorporated into and
made part of this Agreement, mutatis mutandis.
ARTICLE 2.5
Reduction or elimination of customs duties
1. Unless otherwise provided for in this Agreement, each Party shall reduce or eliminate
customs duties on goods originating in the other Party in accordance with its schedule in Annex 2.
& /en 19
2. For the purposes of paragraph 1, the base rate of customs duties shall be the one specified for
each good in the schedules in Annex 2.
3. If a Party reduces its applied most-favoured-nation customs duty rate ("MFN rate"), the
schedule in Annex 2 of that Party shall apply to the reduced rates. If a Party lowers its applied
MFN rate to a level below the base rate in relation to a particular tariff line, that Party shall
calculate the preferential applicable rate effecting the tariff reduction on the lowered applied
MFN rate, maintaining the relative margin of preference for that particular tariff line for as long as
the applied MFN rate is lower than the base rate. The relative margin of preference for any given
tariff line in each staging period corresponds to the difference between the base rate set out in the
schedule in Annex 2 of that Party and the applied duty rate for that tariff line in accordance with
that schedule, divided by that base rate, and expressed in percentage terms.
4. On the request of a Party, the Parties shall consult each other in order to consider accelerating
the reduction or elimination of customs duties set out in the schedules in Annex 2. Having regard to
such consultation, the Trade Council may adopt a decision to amend Annex 2 to accelerate that
tariff reduction or elimination.
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ARTICLE 2.6
Standstill
1. Unless otherwise provided for in this Agreement, a Party shall not increase any customs duty
that is set as the base rate in Annex 2 or adopt any new customs duty on a good originating in the
other Party.
2. For greater certainty, a Party may raise a customs duty to the level set out in Annex 2 for the
respective staging period following a unilateral reduction.
ARTICLE 2.7
Export duties, taxes and other charges
1. A Party shall not introduce or maintain any duty, tax or other charge of any kind imposed on,
or in connection with, the exportation of a good to the other Party; or any internal tax or other
charge on a good exported to the other Party that is in excess of the tax or charge that would be
imposed on like goods when destined for domestic consumption.
2. Nothing in this Article shall prevent a Party from imposing on the exportation of a good a fee
or charge that is permitted pursuant to Article 2.8.
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ARTICLE 2.8
Fees and formalities
1. Fees and other charges imposed by a Party on, or in connection with, the importation or
exportation of a good of the other Party shall be limited in amount to the approximate cost of the
services rendered, and shall not represent an indirect protection of domestic goods or a taxation of
imports or exports for fiscal purposes.
2. A Party shall not levy fees or other charges on, or in connection with, importation or
exportation on an ad valorem basis.
3. Each Party may impose charges or recover costs only where specific services are rendered,
including the following:
(a) attendance, where requested, by customs staff outside official office hours or at premises
other than customs premises;
(b) analyses or expert reports on goods and postal fees for the return of goods to an applicant, in
particular in respect of decisions relating to binding information or the provision of
information concerning the application of customs legislation;
(c) the examination or sampling of goods for verification purposes, or the destruction of goods,
where costs other than the cost of using customs staff are involved; or
& /en 22
(d) exceptional control measures, where these are necessary due to the nature of the goods or to a
potential risk.
4. Each Party shall promptly publish all fees and charges that it imposes in connection with
importation or exportation in such a manner as to enable governments, traders and other interested
parties to become acquainted with them.
5. A Party shall not require consular transactions, including related fees and charges, in
connection with the importation of any good of the other Party.
ARTICLE 2.9
Repaired goods
1. A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its
customs territory after that good has been temporarily exported from its customs territory to the
customs territory of the other Party for repair.
2. Paragraph 1 does not apply to a good imported in bond, into free-trade zones, or in similar
status, that is then exported for repair and is not re-imported in bond, into free-trade zones, or in
similar status.
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3. A Party shall not apply a customs duty to a good, regardless of its origin, imported
temporarily from the customs territory of the other Party for repair.1
ARTICLE 2.10
Remanufactured goods
1. Unless otherwise provided for in this Agreement, a Party shall not accord to remanufactured
goods of the other Party treatment that is less favourable than that which it accords to like goods in
new condition.
2. For greater certainty, Article 2.11 applies to import and export prohibitions or restrictions on
remanufactured goods. If a Party adopts or maintains import and export prohibitions or restrictions
on used goods, it shall not apply those measures to remanufactured goods.
3. A Party may require that remanufactured goods be identified as such for distribution or sale in
its territory and that such goods meet all applicable technical requirements that apply to like goods
in new condition.
1 In the European Union, the inward processing procedure as laid down in Regulation
(EU) No 952/2013 is used for the purposes of this paragraph.
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ARTICLE 2.11
Import and export restrictions
Article XI of GATT 1994 and its Notes and Supplementary Provisions are incorporated into and
made part of this Agreement, mutatis mutandis. Accordingly, a Party shall not adopt or maintain
any prohibition or restriction on the importation of any good of the other Party or on the exportation
or sale for export of any good destined for the territory of the other Party, except in accordance with
Article XI of GATT 1994, including its Notes and Supplementary Provisions.
ARTICLE 2.12
Origin marking
If Chile applies mandatory country-of-origin marking requirements to goods of the European
Union, the Trade Committee may decide that goods marked "Made in EU", or bearing a similar
marking in the local language, fulfil such requirements upon importation into Chile. This Article
does not affect either Party's right to specify the type of products for which country-of-origin
marking requirements are mandatory. Chapter 3 does not apply to this Article.
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ARTICLE 2.13
Import licensing procedures
1. Each Party shall ensure that all import licensing procedures applicable to trade in goods
between the Parties are neutral in application and are administered in a fair, equitable, non-
discriminatory and transparent manner.
2. A Party shall only adopt or maintain import licensing procedures as a condition for
importation into its territory from the territory of the other Party if other appropriate procedures to
achieve an administrative purpose are not reasonably available.
3. A Party shall not adopt or maintain any non-automatic import licensing procedure as a
condition for importation into its territory from the territory of the other Party unless it is necessary
to implement a measure that is consistent with this Agreement. A Party adopting such a non-
automatic import licensing procedure shall indicate clearly to the other Party the measure being
implemented through that procedure.
4. Each Party shall adopt and administer any import licensing procedures in accordance with
Articles 1, 2 and 3 of the Agreement on Import Licensing Procedures. To this end, Articles 1, 2 and
3 of that Agreement are incorporated into and made part of this Agreement, mutatis mutandis.
& /en 26
5. A Party that adopts new import licensing procedures, or modifies existing import licensing
procedures, shall notify the other Party within 60 days of the date of publication of such new import
licensing procedures or modifications of existing import licensing procedures. The notification shall
include the information specified in paragraph 3 of this Article and in Article 5(2) of the Agreement
on Import Licensing Procedures. A Party shall be deemed to be in compliance with this provision if
it has notified the relevant new import licensing procedure, or any modifications to existing import
licensing procedures, to the Committee on Import Licensing established in accordance with
Article 4 of the Agreement on Import Licensing Procedures, including the information specified in
Article 5(2) of that Agreement.
6. Upon request of a Party, the other Party shall promptly provide any relevant information,
including the information specified in Article 5(2) of the Agreement on Import Licensing
Procedures, regarding any import licensing procedure that it intends to adopt, has adopted or
maintains, or any modification to existing import licensing procedures.
ARTICLE 2.14
Export licensing procedures
1. Each Party shall publish any new export licensing procedure, or any modification to an
existing export licensing procedure, in such a manner as to enable governments, traders and other
interested parties to become acquainted with them. Such publication shall take place, where
practicable, 30 days before the procedure or modification takes effect, and in any event no later than
the date on which such procedure or modification takes effect.
& /en 27
2. Each Party shall ensure that the publication of export licensing procedures includes the
following information:
(a) the texts of its export licensing procedures, or of any modifications that it makes to those
procedures;
(b) the goods subject to each export licensing procedure;
(c) for each export licensing procedure, a description of the process for applying for an export
licence and any criteria that an applicant must fulfil in order to be eligible to apply for an
export licence, such as possessing an activity licence, establishing or maintaining an
investment, or operating through a particular form of establishment in a Party's territory;
(d) one or more contact points from which interested persons can obtain further information on
the conditions for obtaining an export licence;
(e) the administrative body or bodies to which an application or other relevant documentation
must be submitted;
(f) a description of any measure or measures that the export licensing procedure is designed to
implement;
(g) the period during which each export licensing procedure will be in effect, unless the
procedure will remain in effect until withdrawn or revised in a new publication;
& /en 28
(h) if the Party intends to use an export licensing procedure to administer an export quota, the
overall quantity and, if applicable, the value of the quota and the opening and closing dates of
the quota; and
(i) any exemptions or exceptions that replace the requirement to obtain an export licence,
information on how to request or use those exemptions or exceptions, and the criteria for
granting them.
3. Within 30 days of the date of entry into force of this Agreement, each Party shall notify the
other Party of its existing export licensing procedures. A Party that adopts new export licensing
procedures, or modifies existing export licensing procedures, shall notify the other Party within
60 days of the date of publication of those new export licensing procedures or modifications to
existing export licensing procedures. The notification shall include the reference to the source or
sources where the information required pursuant to paragraph 2 is published and include, where
appropriate, the address of the relevant government Internet website or websites.
4. For greater certainty, nothing in this Article requires a Party to grant an export licence, or
prevents a Party from implementing its obligations or commitments under United Nations Security
Council Resolutions, or under multilateral non-proliferation regimes and export control
arrangements.
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ARTICLE 2.15
Customs valuation
Each Party shall determine the customs value of goods of the other Party that are imported into its
territory in accordance with Article VII of GATT 1994 and the Customs Valuation Agreement. To
this end, Article VII of GATT 1994, including its Notes and Supplementary Provisions, and
Articles 1 to 17 of the Customs Valuation Agreement, including its Interpretative Notes, are
incorporated into and made part of this Agreement, mutatis mutandis.
ARTICLE 2.16
Preference utilisation
1. For the purpose of monitoring the functioning of the Agreement and calculating preference
utilisation rates, the Parties shall annually exchange import statistics for a period starting one year
after the entry into force of this Agreement and expiring 10 years after the tariff elimination is
completed for all goods according to the schedules in Annex 2. Unless the Trade Committee
decides otherwise, that period shall be automatically extended for five years, and thereafter the
Trade Committee may decide to extend it further.
& /en 30
2. The exchange of import statistics referred to in paragraph 1 shall cover data pertaining to the
most recent year available, including value and, where applicable, volume, at the tariff line level for
imports of goods of the other Party benefitting from preferential duty treatment under this
Agreement and for imports of those goods that received non-preferential treatment.
ARTICLE 2.17
Specific measures concerning the management of preferential treatment
1. The Parties shall cooperate in preventing, detecting and combating breaches of customs
legislation related to the preferential treatment granted under this Chapter, in accordance with their
obligations under Chapter 3 and the Protocol to this Agreement on Mutual Administrative
Assistance in Customs Matters.
2. A Party may, in accordance with the procedure laid down in paragraph 3, temporarily suspend
the relevant preferential treatment of the goods concerned when that Party has made a finding,
based on objective, compelling and verifiable information, that the other Party has committed large-
scale systematic breaches of customs legislation in order to obtain the preferential treatment granted
under this Chapter, and has made a finding of:
(a) a systematic lack or inadequacy of action by the other Party in verifying the originating status
of goods and the fulfilment of the other requirements of the Protocol to this Agreement on
Mutual Administrative Assistance in Customs Matters, when identifying or preventing
contravention of the rules of origin;
& /en 31
(b) a systematic refusal by the other Party to carry out subsequent verification of the proof of
origin on request of the other Party or to communicate its results in time, or undue delay
carrying out such verification or communication; or
(c) a systematic refusal or failure by the other Party to cooperate or assist in compliance with its
obligations under the Protocol to this Agreement on Mutual Administrative Assistance in
Customs Matters in relation to the preferential treatment.
3. The Party which has made a finding as referred to in paragraph 2 shall, without undue delay,
notify the Trade Committee thereof and enter into consultations with the other Party within the
Trade Committee with a view to reaching a solution acceptable to both Parties.
If the Parties fail to agree on a mutually acceptable solution within three months of the date of
notification, the Party which has made the finding may decide to temporarily suspend the relevant
preferential treatment of the goods concerned. A temporary suspension shall be notified to the
Trade Committee without undue delay.
Temporary suspensions shall apply only for the period necessary to protect the financial interests of
the Party concerned, and for no longer than six months. Where the conditions that gave rise to the
initial suspension persist at the expiry of the six-month period, the Party concerned may decide to
renew the suspension. Any temporary suspension shall be subject to periodic consultations within
the Trade Committee.
4. Each Party shall publish, in accordance with its internal procedures, notices to importers about
any notification and decision concerning temporary suspensions as referred to in paragraph 3.
& /en 32
ARTICLE 2.18
Sub-Committee on Trade in Goods
The Sub-Committee on Trade in Goods established pursuant to Article 33.4(1) shall:
(a) monitor the implementation and administration of this Chapter and Annex 2;
(b) promote trade in goods between the Parties, including through consultations on improving
market-access tariff treatment pursuant to Article 2.5(4) and other issues, as appropriate;
(c) provide a forum to discuss and resolve any issues related to this Chapter;
(d) promptly address barriers to trade in goods between the Parties, especially those related to the
application of non-tariff measures, and, if appropriate, refer such matters to the Trade
Committee for its consideration;
(e) recommend to the Parties any modification or addition to this Chapter;
(f) coordinate the exchange of data for preference utilisation or of any other information on trade
in goods between the Parties that it may decide;
(g) review any future amendments to the Harmonized System to ensure that each Party's
obligations under this Agreement are not altered, and consult to resolve any related conflict;
(h) perform the functions set out in Article 8.17.
& /en 33
CHAPTER 3
RULES OF ORIGIN AND ORIGIN PROCEDURES
SECTION A
RULES OF ORIGIN
ARTICLE 3.1
Definitions
For the purposes of this Chapter and Annexes 3-A to 3-E:
(a) "classification" means the classification of a product or material under a particular chapter,
heading or sub-heading of the Harmonized System;
(b) "consignment" means products which are either sent simultaneously from one exporter to one
consignee or covered by a single transport document covering their shipment from the
exporter to the consignee or, in the absence of such a document, by a single invoice;
& /en 34
(c) "customs authority" means:
(i) for Chile, the National Customs Service; and
(ii) for the European Union, the services of the European Commission responsible for
customs matters and the customs administrations and any other authorities of the
Member States of the European Union responsible for the application and enforcement
of customs law.
(d) "exporter" means a person located in a Party who, in accordance with the laws and regulations
of that Party, exports or produces the originating product and makes out a statement on origin;
(e) "identical products" means products which in every respect correspond to those described in
the product description; the product description on the commercial document used for making
out a statement on origin for multiple shipments must be precise enough to clearly identify
that product, but also the identical products to be subsequently imported based on that
statement;
(f) "importer" means a person who imports the originating product and claims preferential tariff
treatment for it;
(g) "material" means any substance used in the production of a product, including any
ingredients, raw materials, components or parts;
& /en 35
(h) "product" means the result of production, even if it is intended for later use as a material in the
production of another product; and
(i) "production" means any kind of working or processing, including assembly.
ARTICLE 3.2
General requirements
1. For the purposes of applying the preferential tariff treatment by a Party to an originating good
of the other Party in accordance with this Agreement, provided that the product meets all other
applicable requirements set out in this Chapter, the following products shall be considered as
originating in the other Party:
(a) products wholly obtained in that Party as provided for in Article 3.4;
(b) products produced exclusively from materials originating in that Party; and
(c) products produced in that Party using non-originating materials provided that they meet the
requirements set out in Annex 3-B.
2. If a product has acquired originating status in accordance with paragraph 1, the non-
originating materials used in the production of that product shall not be considered non-originating
when that product is incorporated as a material in another product.
& /en 36
3. The acquisition of originating status shall be fulfilled without interruption in the territory of a
Party.
ARTICLE 3.3
Cumulation of origin
1. A product originating in a Party shall be considered as originating in the other Party if used as
a material in the production of another product in that other Party, provided that the working and
processing carried out goes beyond one or more of the operations referred to in Article 3.6.
2. Materials classified in Chapter 3 of the Harmonized System originating in the countries
referred to in subparagraph (b) of paragraph 4 and used in the production of canned tuna products
classified in subheading 1604.14 of the Harmonized System, may be considered as originating in a
Party provided that the conditions in subparagraphs (a) to (e) of paragraph 3 are fulfilled, and that
that Party sends a notification for examination by the Sub-Committee referred to in Article 3.31.
& /en 37
3. The Trade Committee may decide, following a recommendation by the Sub-Committee, that
certain materials originating in the third countries1 referred to in paragraph 4 of this Article may be
considered as originating in a Party if used in the production of a product in that Party provided
that:
(a) each Party has a trade agreement in force that forms a free trade area with that third country,
within the meaning of Article XXIV of GATT 1994;
(b) the origin of the materials referred to in this paragraph is determined in accordance with the
rules of origin applicable under:
(i) the European Union's trade agreement forming a free trade area with that third country,
if the material concerned is used in the production of a product in Chile; and
(ii) Chile's trade agreement forming a free trade area with that third country, if the material
concerned is used in the production of a product in the European Union;
(c) an arrangement is in force between the Party and that third country on adequate administrative
cooperation ensuring full implementation of this Chapter, including provisions on the use of
appropriate documentation on the origin of materials, and that the Party notifies the other
Party of that arrangement;
1 For reference, "third country" is defined in subparagraph (aa) of Article 1.3.
& /en 38
(d) the production or processing of the materials undertaken in that Party goes beyond one or
more of the operations referred to in Article 3.6; and
(e) the Parties agree on any other applicable conditions.
4. The third countries referred to in paragraph 3 are:
(a) the Central American countries of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua
and Panama; and
(b) the Andean countries of Colombia, Ecuador and Peru.
ARTICLE 3.4
Wholly obtained products
1. The following products shall be considered as wholly obtained in a Party:
(a) plants and vegetable products grown or harvested there;
(b) live animals born and raised there;
& /en 39
(c) products obtained from live animals raised there;
(d) products obtained from hunting, trapping, fishing, gathering or capturing there, but not
beyond the outer limits of that Party's territorial sea;
(e) products obtained from slaughtered animals born and raised there;
(f) products obtained from aquaculture there, if aquatic organisms, including fish, molluscs,
crustaceans, other aquatic invertebrates and aquatic plants, are born or raised from seed stock
such as eggs, roes, fry, fingerlings or larvae, by intervention in the rearing or growth
processes to enhance production, such as regular stocking, feeding or protection from
predators;
(g) minerals or other naturally occurring substances, not included in subparagraphs (a) to (f),
extracted or taken there;
(h) products of sea fishing and other products taken from the sea outside any territorial sea by a
vessel of that Party;
(i) products made aboard a factory ship of that Party exclusively from products referred to in
subparagraph (h);
(j) products extracted by a Party or a person of that Party from marine soil or subsoil outside any
territorial sea provided that they have rights to work that soil or subsoil;
& /en 40
(k) waste or scrap derived from production there or from used products collected there, provided
that those products are fit only for the recovery of raw materials; and
(l) products produced there exclusively from those products specified in subparagraphs (a) to (k).
2. The terms "vessel of a Party" and "factory ship of a Party" in subparagraphs (h) and (i) of
paragraph 1 mean a vessel and a factory ship, respectively, which:
(a) is registered in a Member State or in Chile;
(b) sails under the flag of a Member State or of Chile; and
(c) meets one of the following conditions:
(i) it is to more than 50 % owned by natural persons of a Member State or of Chile; or
(ii) it is owned by a juridical person which:
(A) has its head office and its main place of business in a Member State or in Chile,
and
(B) is to more than 50 % owned by persons of one of those Parties.
& /en 41
ARTICLE 3.5
Tolerances
1. If a non-originating material used in the production of a product does not meet the
requirements set out in Annex 3-B, that product shall be considered as originating in a Party,
provided that:
(a) for all products1 except those classified under Chapters 50 to 63 of the Harmonized System,
the total value of non-originating materials does not exceed 10 % of the ex-works price of the
product;
(b) for products classified under Chapters 50 to 63 of the Harmonized System, tolerances apply as
stipulated in Notes 6 to 8 of Annex 3-A.
2. Paragraph 1 does not apply if the value or weight of non-originating materials used in the
production of a product exceeds any of the percentages for the maximum value or weight of non-
originating materials as specified in the requirements set out in Annex 3-B.
3. Paragraph 1 does not apply to products wholly obtained in a Party within the meaning of
Article 3.4. If Annex 3-B requires that the materials used in the production of a product are wholly
obtained, paragraphs 1 and 2 apply.
1 Chapters 1 to 24 of the Harmonized System, in accordance with Note 9 of Annex 3-A.
& /en 42
ARTICLE 3.6
Insufficient working or processing
1. Notwithstanding subparagraph (c) of Article 3.2(1), a product shall not be considered as
originating in a Party if solely one or more of the following operations are conducted on non-
originating materials in that Party:
(a) preserving operations such as drying, freezing, keeping in brine or other similar operations, if
the sole purpose is to ensure that the product remains in good condition during transport and
storage;
(b) breaking-up and assembly of packages;
(c) washing, cleaning, removing dust, oxide, oil, paint or other coverings;
(d) ironing or pressing of textiles and textile articles;
(e) simple painting and polishing operations;
(f) husking and partial or total milling of rice, polishing and glazing of cereals and rice;
(g) operations to colour or flavour sugar or form sugar lumps, partial or total milling of crystal
sugar in solid form;
& /en 43
(h) peeling, stoning and shelling of fruits, nuts and vegetables;
(i) sharpening, simple grinding or simple cutting;
(j) sifting, screening, sorting, classifying, grading or matching;
(k) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all
other simple packaging operations;
(l) affixing or printing marks, labels, logos and other like distinguishing signs on products or
their packaging;
(m) simple mixing of products, whether or not of different kinds, including mixing of sugar with
any material;
(n) simple assembly of parts of articles to constitute a complete article or disassembly of products
into parts;
(o) simple addition of water or dilution or dehydration or denaturation of products; or
(p) slaughter of animals.
2. For the purposes of paragraph 1, an operation shall be considered simple if neither special
skills nor machines, apparatus or equipment especially produced or installed are needed for carrying
out that operation.
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ARTICLE 3.7
Unit of qualification
1. For the purposes of this Chapter, the unit of qualification shall be the product which is
considered as the basic unit when classifying the product under the Harmonized System.
2. If a consignment consists of a number of identical products classified under the same heading
of the Harmonized System, each individual product shall be taken into account when applying this
Chapter.
ARTICLE 3.8
Accessories, spare parts and tools
1. Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus
or vehicle, which are part of the normal equipment and included in the price thereof or which are
not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or
vehicle in question.
2. Accessories, spare parts and tools referred to in paragraph 1 shall be disregarded in
determining the origin of the product, except for the purposes of calculating the maximum value of
non-originating materials, if a product is subject to a maximum value of non-originating materials
as set out in Annex 3-B.
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ARTICLE 3.9
Sets
Sets, as defined in General Rule 3 for the Interpretation of the Harmonized System, shall be
regarded as originating in a Party if all their components are originating products. If a set is
composed of originating and non-originating products, the set as a whole shall be regarded as
originating in a Party, provided that the value of the non-originating products does not exceed 15 %
of the ex-works price of the set.
ARTICLE 3.10
Neutral elements
In order to determine whether a product qualifies as originating in a Party, it is not necessary to
determine the origin of the following elements, which might be used in the production of the
product:
(a) fuel, energy, catalysts and solvents;
(b) equipment, devices and supplies used for testing or inspecting the products;
(c) machines tools, dies and moulds;
& /en 46
(d) spare parts and materials used in the maintenance of equipment and buildings;
(e) lubricants, greases, compounding materials and other materials used in production or used to
operate equipment and buildings;
(f) gloves, glasses, footwear, clothing, safety equipment and supplies;
(g) any other material that is not incorporated into the product but the use of which can be
demonstrated to be part of the production of the product.
ARTICLE 3.11
Packaging and packing materials and containers
1. If, under General Rule 5 for the Interpretation of the Harmonized System, packaging materials
and containers in which a product is packed for retail sale are classified together with the product,
those packaging materials and containers shall be disregarded in determining the origin of the
product, except for the purposes of calculating the maximum value of non-originating materials if a
product is subject to a maximum value of non-originating materials in accordance with Annex 3-B.
2. Packing materials and containers that are used to protect a product during transportation shall
be disregarded in determining whether a product is originating in a Party.
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ARTICLE 3.12
Accounting segregation for fungible materials
1. Fungible originating and non-originating materials shall be physically segregated during
storage in order for them to maintain their originating or non-originating status, as the case may be.
Those materials may be used in the production of a product without being physically segregated
during storage provided that an accounting segregation method is used.
2. The accounting segregation method referred to in paragraph 1 shall be applied in conformity
with a stock management method under accounting principles which are generally accepted in the
Party. The accounting segregation method shall ensure that at any time the number of products
which could be considered as originating in a Party does not exceed the number that would have
been obtained by physical segregation of the stocks during storage.
3. For the purposes of paragraph 1, "fungible materials" means materials that are of the same
kind and commercial quality, with the same technical and physical characteristics, and which
cannot be distinguished from one another once they are incorporated into the finished product.
& /en 48
ARTICLE 3.13
Returned products
If a product originating in a Party that is exported from that Party to a third country and that returns
to that Party, it shall be considered as non-originating, unless it can be demonstrated to the
satisfaction of the customs authority of that Party that the returning product:
(a) is the same as that exported; and
(b) has not undergone any operation other than that necessary to preserve it in good condition
while in the third country or while being exported.
ARTICLE 3.14
Non-alteration
1. An originating product declared for home use in the importing Party shall not, after
exportation and prior to being declared for home use, be altered, transformed in any way or
subjected to operations other than to preserve it in good condition or than adding or affixing marks,
labels, seals or any other documentation to ensure compliance with specific domestic requirements
of the importing Party.
& /en 49
2. Storage or exhibition of a product may take place in a third country provided it remains under
customs supervision in that third country.
3. Without prejudice to Section B, the splitting of consignments may take place in the territory
of a third country if it is carried out by the exporter or under its responsibility and provided that
those consignments remain under customs supervision in the third country.
4. In case of doubt as to whether the conditions provided for in paragraphs 1 to 3 are complied
with, the customs authority of the importing Party may request the importer to provide evidence of
compliance. Such evidence may be given by any means, including contractual transport documents
such as bills of lading or factual or concrete evidence based on marking or numbering of packages
or any evidence related to the product itself.
ARTICLE 3.15
Exhibitions
1. Originating products sent for exhibition in a third country and sold after the exhibition for
importation in a Party, shall benefit on importation in accordance with this Agreement provided that
it is shown to the satisfaction of the customs authorities that:
(a) an exporter has consigned these products from a Party to the third country in which the
exhibition was held and has exhibited them there;
& /en 50
(b) the products have been sold or otherwise disposed of by that exporter to a person in a Party;
(c) the products have been consigned during the exhibition or immediately thereafter in the state
in which they were sent for exhibition; and
(d) the products have not, since they were consigned for exhibition, been used for any purpose
other than demonstration at the exhibition.
2. A statement on origin shall be made out in accordance with Section B and submitted to the
customs authorities in accordance with the customs procedures of the importing Party. The name
and address of the exhibition shall be indicated thereon.
3. Paragraph 1 applies to any trade, industrial, agricultural or crafts exhibition, fair or similar
public show or display, which is not organised for private purposes in shops or business premises
with a view to the sale of foreign products, and during which the products remain under customs
control.
4. The customs authorities of the importing Party may require evidence that the products have
remained under customs control in the country of exhibition, as well as additional documentary
evidence of the conditions under which they have been exhibited.
& /en 51
SECTION B
ORIGIN PROCEDURES
ARTICLE 3.16
Claim for preferential tariff treatment
1. The importing Party shall grant preferential tariff treatment to a product originating in the
other Party within the meaning of this Chapter on the basis of a claim by the importer for
preferential tariff treatment. The importer shall bear the responsibility for the correctness of the
claim for preferential tariff treatment and for the compliance with the requirements set out in this
Chapter.
2. The claim for preferential tariff treatment shall be based on one of the following:
(a) a statement on origin made out by the exporter in accordance with Article 3.17;
(b) the importer's knowledge subject to the conditions set out in Article 3.19.
3. The claim for preferential tariff treatment and the basis for that claim as referred to in
paragraph 2 shall be included in the customs declaration, in accordance with the laws and
regulations of the importing Party.
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4. An importer making a claim for preferential treatment based on a statement on origin in
accordance with subparagraph (a) of paragraph 2 shall keep the statement and shall present it to the
customs authority of the importing Party upon request.
ARTICLE 3.17
Statement on origin
1. An exporter of a product shall make out a statement on origin on the basis of information
demonstrating that the product is originating, including, if applicable, information on the originating
status of materials used in the production of the product.
2. The exporter shall be responsible for the correctness of the statement on origin made out and
the information provided pursuant to paragraph 1. If the exporter has reason to believe that the
statement on origin contains or is based on incorrect information, the exporter shall immediately
notify the importer of any change affecting the originating status of the product. In this case, the
importer shall correct the import declaration and pay any applicable customs duty owing.
3. The exporter shall make out a statement on origin in one of the linguistic versions included in
Annex 3-C on an invoice or on any other commercial document that describes the originating
product in sufficient detail so as to enable its identification in the Harmonized System
nomenclature. The importing Party shall not require the importer to submit a translation of the
statement on origin.
& /en 53
4. A statement on origin shall be valid for one year from the date it was made out.
5. A statement on origin may be made out for:
(a) a single shipment of one or more products into a Party; or
(b) multiple shipments of identical products into a Party within the period specified in the
statement on origin not exceeding 12 months.
6. The importing Party shall, on request of the importer and subject to any requirements imposed
by the importer Party, allow a single statement on origin to be used for unassembled or
disassembled products, within the meaning of General Rule 2(a) of the Harmonized System,
classified under Sections XV to XXI of the Harmonized System if imported by instalments.
ARTICLE 3.18
Minor discrepancies and minor errors
The customs authority of the importing Party shall not reject a claim for preferential tariff treatment
due to minor discrepancies between the statement on origin and the documents submitted to the
customs office or minor errors in the statement on origin.
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ARTICLE 3.19
Importer's knowledge
1. The importing Party may, in its laws and regulations, set conditions to determine which
importers may base a claim for preferential tariff treatment on the importer's knowledge.
2. Notwithstanding paragraph 1, the importer's knowledge that a product is originating shall be
based on information demonstrating that the product effectively qualifies as originating and meets
the requirements set out in this Chapter to obtain originating status.
ARTICLE 3.20
Record-keeping requirements
1. An importer claiming preferential tariff treatment for a product imported into a Party shall:
(a) if the claim for preferential treatment is based on a statement on origin, keep the statement on
origin made out by the exporter for a minimum of three years from the date of the claim of
preference of the product; and
& /en 55
(b) if the claim for preferential treatment is based on the importer's knowledge, keep the
information demonstrating that the product meets the requirements set out in this Chapter to
obtain originating status for a minimum of three years from the date of the claim for
preferential treatment.
2. An exporter who made out a statement on origin shall, for a minimum of four years following
the making out of that statement on origin, keep copies of the statement on origin and all other
records demonstrating that the product meets the requirements set out in this Chapter to obtain
originating status.
3. The records to be kept in accordance with this Article may be held in electronic form in
accordance with the laws and regulations of the importing or exporting Party, as appropriate.
ARTICLE 3.21
Exemptions from the requirements regarding statements on origin
1. Products sent as packages from private persons to private persons or forming part of the
personal luggage of travellers shall be admitted as originating products, without a statement on
origin being required provided that such products are not imported by way of trade and have been
declared as meeting the requirements of this Chapter and that there is no doubt as to the veracity of
that declaration.
& /en 56
2. Imports which are occasional and consist solely of products for the personal use of the
recipients or travellers or their families shall not be considered as imports by way of trade, if it is
evident from the nature and quantity of the goods that no commercial purpose is intended, provided
that the importation does not form part of a series of importations that may reasonably be
considered to have been made separately for the purpose of avoiding the requirement for an
statement on origin.
3. The total value of the products referred to in paragraph 1 shall not exceed EUR 500 or its
equivalent amount in the currency of the Party in the case of packages, or EUR 1 200 or its
equivalent amount in the currency of the Party in the case of products forming part of the personal
luggage of travellers.
ARTICLE 3.22
Verification
1. The customs authority of the importing Party may verify the originating status of a product or
whether the other requirements set out in this Chapter are met on the basis of risk assessment
methods, which may include random selection. For the purposes of such verification the customs
authority of the importing Party may send of a request for information to the importer who made the
claim for preferential treatment pursuant to Article 3.16.
& /en 57
2. The customs authority of the importing Party sending a request pursuant to paragraph 1 shall
not request more than the following information in relation to the origin of a product:
(a) the statement on origin if the claim for preferential treatment was based on a statement on
origin; and
(b) information pertaining to the fulfilment of origin criteria, which is:
(i) if the origin criterion is "wholly obtained", the applicable category (such as harvesting,
mining, fishing) and place of production;
(ii) if the origin criterion is based on change in tariff classification, a list of all the non-
originating materials including their tariff classification (in 2-, 4- or 6-digit format,
depending on the origin criteria);
(iii) if the origin criterion is based on a value method, the value of the final product as well
as the value of all the non-originating materials used in the production;
(iv) if the origin criterion is based on weight, the weight of the final product as well as the
weight of the relevant non-originating materials used in the final product; and
(v) if the origin criterion is based on a specific production process, a description of that
specific process.
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3. When providing the requested information, the importer may add any other information that it
considers relevant for the purposes of verification.
4. If the claim for preferential tariff treatment is based on a statement on origin in accordance
with subparagraph (a) of Article 3.16(2) issued by the exporter, the importer shall provide that
statement on origin but may reply to the customs authority of the importing Party that the
information referred to in subparagraph (b) of paragraph 2 of this Article cannot be provided.
5. Where the claim for preferential tariff treatment is based on the importer's knowledge referred
to in subparagraph (b) of Article 3.16(2), the customs authority of the importing Party conducting
the verification may, after having requested information pursuant to paragraph 1 of this Article,
send an additional request for information to the importer if that customs authority considers that
additional information is required in order to verify the originating status of the product or whether
the other requirements set out in this Chapter are met. The customs authority of the importing Party
may request the importer for specific documentation and information, if appropriate.
6. If the customs authority of the importing Party decides to suspend the granting of preferential
tariff treatment to the products concerned while awaiting the results of a verification, it may offer
the importer to release the products. As a condition for such release, the importing Party may
require a guarantee or other appropriate precautionary measure. Any suspension of preferential
tariff treatment shall be terminated as soon as possible after the customs authority of the importing
Party has ascertained the originating status of the products concerned, or that the other requirements
set out in this Chapter are met.
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ARTICLE 3.23
Administrative cooperation
1. In order to ensure the proper application of this Chapter, the Parties shall cooperate with each
other, through their respective customs authorities, in order to verify the originating status of a
product or whether the other requirements set out in this Chapter are met.
2. If a claim for preferential tariff treatment is based on a statement on origin in accordance with
subparagraph (a) of Article 3.16(2) the customs authority of the importing Party conducting the
verification may, after having requested information from the importer pursuant to Article 3.22(1),
send a request for information to the customs authority of the exporting Party within a period of
two years following the date of the claim for preferential treatment, if the customs authority of the
importing Party considers that additional information is needed in order to verify the originating
status of the product or whether the other requirements set out in this Chapter are met. The customs
authority of the importing Party may request the customs authority of the exporting Party for
specific documentation and information, if appropriate.
3. The customs authority of the importing Party shall include the following information in the
request referred to in paragraph 2:
(a) the statement on origin or a copy thereof;
(b) the identity of the customs authority issuing the request;
& /en 60
(c) the name of the exporter to be verified;
(d) the subject and scope of the verification; and
(e) if applicable, any relevant documentation.
4. The customs authority of the exporting Party may, in accordance with the laws and
regulations of that Party, conduct its verification by requesting documentation from the exporter and
calling for any evidence, or by visiting the premises of the exporter to review records and observe
the facilities used in the production of the product.
5. Following the request referred to in paragraph 2, the customs authority of the exporting Party
shall provide the customs authority of the importing Party with the following information:
(a) the requested documentation, if available;
(b) an opinion regarding the originating status of the product;
(c) the description of the product subject to verification and the tariff classification relevant to the
application of the rules of origin;
(d) a description and explanation of the production process to support the originating status of the
product;
& /en 61
(e) information on the manner in which the verification of the originating status of the product
pursuant to paragraph 4 was conducted; and
(f) supporting documentation, if appropriate.
6. The customs authority of the exporting Party shall not transmit information to the customs
authority of the importing Party referred to in subparagraphs (a) or (f) of paragraph 5 without the
consent of the exporter.
7. All the information requested, including any supporting documents and all other related
information regarding verification should preferably be exchanged between the customs authorities
of the Parties electronically.
8. The Parties shall, via the coordinators designated in accordance with this Agreement, provide
each other with the contact details of their respective customs authorities and any modification
thereto within 30 days of such modification.
ARTICLE 3.24
Mutual assistance in the fight against fraud
In case of a suspected breach of this Chapter, the Parties shall provide each other with mutual
assistance, in accordance with the Protocol to this Agreement on Mutual Administrative Assistance
in Customs Matters.
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ARTICLE 3.25
Denial of claims for preferential tariff treatment
1. Subject to the requirements set out in paragraphs 3 to 5, the customs authority of the
importing Party may deny a claim for preferential tariff treatment if:
(a) within a period of three months following the request for information pursuant to
Article 3.22(1):
(i) no reply is provided by the importer;
(ii) in cases where claim for preferential tariff treatment is based on a statement on origin in
accordance with subparagraph (a) of Article 3.16(2), the statement on origin was not
provided; or
(iii) in cases where the claim for preferential tariff treatment is based on the importer's
knowledge as referred to in subparagraph (b) of Article 3.16(2), the information
provided by the importer is inadequate to confirm the originating status of the product;
(b) within a period of three months following the request for additional information pursuant to
Article 3.22(5):
(i) no reply is provided by the importer; or
& /en 63
(ii) the information provided by the importer is inadequate to confirm that the product is
originating;
(c) within a period of 10 months following the request for information pursuant to of
Article 3.23(2):
(i) no reply is provided by the customs authority of the exporting Party; or
(ii) the information provided by the customs authority of the exporting Party is inadequate
to confirm the originating status of the product.
2. The customs authority of the importing Party may deny a claim for preferential tariff
treatment if the importer which has made that claim fails to comply with other requirements set out
in this Chapter than those relating to the originating status of products.
3. If the customs authority of the importing Party has sufficient justification to deny a claim for
preferential tariff treatment in accordance with paragraph 1 of this Article and where the customs
authority of the exporting Party has provided an opinion pursuant to subparagraph (b) of
Article 3.23(5) confirming the originating status of the products, the customs authority of the
importing Party shall notify the customs authority of the exporting Party of its intention to deny the
claim for preferential treatment within two months of the receipt of that opinion.
& /en 64
4. If the notification referred to in paragraph 3 has been made, consultations shall be held at the
request of either Party, within three months after the date of that notification. The time period for
consultation may be extended on a case-by-case basis by mutual agreement between the customs
authorities of the Parties. The consultation may take place in line with the procedure set by the
Sub-Committee.
5. At the expiry of the time period for consultation, the customs authority of the importing Party
shall deny the claim for preferential tariff treatment only if it is not able to confirm the originating
status of the product and after having granted the importer the right to be heard.
ARTICLE 3.26
Confidentiality
1. Each Party shall maintain, in accordance with its laws and regulations, the confidentiality of
information provided to it by the other Party pursuant to this Chapter, and shall protect that
information from disclosure.
2. Information obtained by the authorities of the importing Party shall only be used by those
authorities for the purposes of this Chapter.
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3. Each Party shall ensure that confidential information collected pursuant to this Chapter is not
used for purposes other than the administration and enforcement of decisions and determinations
relating to products origin and customs matters, except with the permission of the person or Party
who provided the confidential information.
4. Notwithstanding paragraph 3, a Party may allow information collected pursuant to this
Chapter to be used in any administrative, judicial or quasi-judicial proceedings initiated for failure
to comply with customs-related laws and regulations implementing this Chapter. A Party shall
notify the person or Party that provided the information concerned of any such use in advance.
ARTICLE 3.27
Refunds and claims for preferential tariff treatment after importation
1. Each Party shall provide that an importer may make, after importation, a claim for preferential
tariff treatment and for a refund of any excess duties paid for a product if:
(a) the importer did not make a claim for preferential tariff treatment at the time of importation;
(b) the claim is made no later than two years after the date of importation; and
(c) the product concerned was eligible for preferential tariff treatment when it was imported into
the territory of the Party.
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2. As a condition for preferential tariff treatment on the basis of a claim made pursuant to
paragraph 1, the importing Party may require that the importer:
(a) makes a claim for preferential tariff treatment in accordance with the laws and regulations of
the importing Party;
(b) provides the statement on origin, as appropriate; and
(c) satisfies all other applicable requirements set out in this Chapter as if preferential tariff
treatment had been claimed at the time of importation.
ARTICLE 3.28
Administrative measures and sanctions
1. A Party shall impose administrative measures and sanctions where appropriate, in accordance
with its respective laws and regulations, on a person which draws up a document, or causes a
document to be drawn up, which contains incorrect information for the purposes of obtaining
preferential tariff treatment to a product, or which does not comply with the requirements set out in:
(a) Article 3.20;
(b) Article 3.23(4) by not providing evidence or refusing a visit; or
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(c) Article 3.17(2) by not correcting a claim for preferential tariff treatment made in the customs
declaration and paying the custom duty as appropriate, if the initial claim for preference was
based on incorrect information.
2. The Party shall take into account paragraph 3.6 of Article 6 of the WTO Agreement on Trade
Facilitation in cases where an importer voluntarily discloses a correction to a claim for preferential
treatment prior to receiving a verification request, in accordance with the laws and regulations of
that Party.
SECTION C
FINAL PROVISIONS
ARTICLE 3.29
Ceuta and Melilla
1. For the purposes of this Chapter, for the European Union, the term "Party" does not include
Ceuta and Melilla.
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2. Products originating in Chile shall, when imported into Ceuta and Melilla, in all respects be
granted the same customs treatment under this Agreement as that which is granted to products
originating in the customs territory of the European Union under Protocol 2 of the Act of Accession
of the Kingdom of Spain and the Portuguese Republic to the European Union. Chile shall grant to
imports of products covered by this Agreement and originating in Ceuta and Melilla the same
customs treatment as that which is granted to products imported from and originating in the
European Union.
3. The rules of origin and origin procedures under this Chapter apply mutatis mutandis to
products exported from Chile to Ceuta and Melilla and to products exported from Ceuta and Melilla
to Chile.
4. Ceuta and Melilla shall be considered as a single territory.
5. Article 3.3 applies to import and exports of products between the European Union, Chile and
Ceuta and Melilla.
6. The exporter shall enter "Chile" and "Ceuta and Melilla" in field 3 of the text of the statement
on origin in Annex 3-C, depending on the origin of the product.
7. The customs authority of the Kingdom of Spain shall be responsible for the application of this
Article in Ceuta and Melilla.
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ARTICLE 3.30
Amendments
The Trade Council may adopt decisions to amend this Chapter and Annexes 3-A to 3-E, pursuant to
subparagraph (a) of Article 33.1(6).
ARTICLE 3.31
Sub-Committee on Customs, Trade Facilitation and Rules of Origin
1. The Sub-Committee on Customs, Trade Facilitation and Rules of Origin ("Sub-Committee"),
established pursuant to Article 33.4(1), shall be composed of representatives of the Parties with
responsibility for customs.
2. The Sub-Committee shall be responsible for the effective implementation and application of
this Chapter.
3. For the purposes of this Chapter, the Sub-Committee shall have the following functions:
(a) reviewing and making appropriate recommendations, as necessary, to the Trade Committee
on:
(i) the implementation and application of this Chapter; and
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(ii) any amendments to this Chapter and Annexes 3-A to 3-E proposed by a Party;
(b) making suggestions to the Trade Committee concerning the adoption of explanatory notes to
facilitate the implementation of this Chapter; and
(c) considering any other matter related to this Chapter as agreed by the Parties.
ARTICLE 3.32
Products in transit or storage
The Parties may apply this Agreement to products which comply with this Chapter and which, on
the date of entry into force of this Agreement, are either in transit or are in temporary storage in
bonded warehouse or in free zones in the European Union or in Chile, subject to the submission to
the customs authorities of the importing Party of a statement on origin.
ARTICLE 3.33
Explanatory notes
Explanatory notes regarding the interpretation, application and administration of this Chapter are set
out in Annex 3-E.
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CHAPTER 4
CUSTOMS AND TRADE FACILITATION
ARTICLE 4.1
Objectives
1. The Parties recognise the importance of customs and trade facilitation in the evolving global
trading environment.
2. The Parties recognise that international trade and customs instruments and standards are the
basis for import, export and transit requirements and procedures.
3. The Parties recognise that customs laws and regulations shall be non-discriminatory and that
customs procedures shall be based upon the use of modern methods and effective controls to
combat fraud, protect consumer health and safety and promote legitimate trade. Each Party should
periodically review its customs laws, regulations and procedures. The Parties also recognise that
their customs procedures shall be no more administratively burdensome or trade restrictive than
necessary to achieve legitimate objectives and that they shall be applied in a manner that is
predictable, consistent and transparent.
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4. The Parties agree to reinforce their cooperation with a view to ensuring that the relevant
customs laws, regulations and procedures, as well as the administrative capacity of the relevant
administrations, fulfil the objectives of promoting trade facilitation while ensuring effective
customs control.
ARTICLE 4.2
Definitions
For the purposes of this Chapter "customs authority" means:
(a) for Chile, the Servicio Nacional de Aduanas (National Customs Service), or its successor; and
(b) for the European Union, those services of the European Commission responsible for customs
matters and the customs administrations and any other authorities in the Member States
responsible for the application and enforcement of customs laws and regulations.
ARTICLE 4.3
Customs cooperation
1. The Parties shall cooperate on customs matters between their respective customs authorities in
order to ensure that the objectives set out in Article 4.1 are attained.
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2. The Parties shall develop cooperation, including by:
(a) exchanging information concerning customs laws and regulations and their implementation,
and customs procedures, particularly in the following areas:
(i) simplification and modernisation of customs procedures;
(ii) enforcement of intellectual property rights by the customs authorities;
(iii) facilitation of transit movements and transhipment;
(iv) relations with the business community; and
(v) supply chain security and risk management;
(b) working together on the customs-related aspects of securing and facilitating international
trade supply chains in accordance with the SAFE Framework of Standards to Secure and
Facilitate Global Trade of the World Customs Organization ("WCO") adopted in June 2005;
(c) considering the development of joint initiatives relating to import, export and other customs
procedures, including the exchange of best practices and technical assistance, and ensuring
the provision of an effective service to the business community; such cooperation may include
exchanges on customs laboratories, the training of customs officers and on new technologies
for customs controls and procedures;
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(d) strengthening their cooperation in the field of customs in international organisations such as
the WTO and the WCO;
(e) establishing, if relevant and appropriate, the mutual recognition of authorised economic
operator programmes, including equivalent trade facilitation measures;
(f) carrying out exchanges on risk management techniques, risk standards and security controls,
in order to establish, to the extent practicable, minimum standards for risk management
techniques and related requirements and programmes;
(g) endeavouring to harmonise their data requirements for import, export and other customs
procedures, by implementing common standards and data elements in accordance with the
WCO Data Model;
(h) sharing their respective experiences in developing and deploying their single window
systems, and, if appropriate, developing common sets of data elements for those systems;
(i) maintaining a dialogue between their respective policy experts to promote the utility,
efficiency, and applicability of advance rulings for customs authorities and traders; and
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(j) exchanging, if relevant and appropriate, through a structured and recurrent communication
between their customs authorities, certain categories of customs-related information for
specific purposes, namely improving risk management and the effectiveness of customs
controls, targeting goods at risk in terms of revenue collections or safety and security, and
facilitating legitimate trade; such exchange shall be without prejudice to exchanges of
information that may take place between the Parties in accordance with the Protocol to this
Agreement on Mutual Administrative Assistance in Customs Matters.
3. Any exchange of information between the Parties under this Chapter shall be subject, mutatis
mutandis, to the confidentiality of information and personal data protection requirements set out in
Article 12 of the Protocol to this Agreement on Mutual Administrative Assistance in Customs
Matters, as well as to any confidentiality and privacy requirements set out in the laws and
regulations of the Parties.
ARTICLE 4.4
Mutual administrative assistance
The Parties shall provide each other with mutual administrative assistance in customs matters in
accordance with the Protocol to this Agreement on Mutual Administrative Assistance in Customs
Matters.
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ARTICLE 4.5
Customs laws, regulations and procedures
1. Each Party shall ensure that its customs laws, regulations and procedures are:
(a) based upon international instruments and standards in the area of customs and trade, including
the International Convention on the Harmonized Commodity Description and Coding System
done at Brussels on 14 June 1983, as well as the SAFE Framework of Standards to Secure and
Facilitate Global Trade of the WCO and the WCO Data Model, and if applicable, the
substantive elements of the Revised Kyoto Convention on the Simplification and
Harmonisation of Customs Procedures done at Kyoto on the 18 May 1973 and adopted by the
World Customs Organization Council in June 1999;
(b) based upon the protection and facilitation of legitimate trade through effective enforcement of
and compliance with legislative requirements; and
(c) proportionate and non-discriminatory to avoid unnecessary burdens on economic operators,
provide for further facilitation for operators with high levels of compliance, including
favourable treatment with respect to customs controls prior to the release of goods, and ensure
safeguards against fraud and illicit or damaging activities.
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2. In order to improve working methods, as well as to ensure non-discrimination, transparency,
efficiency, integrity and accountability in custom operations, each Party shall:
(a) simplify and review requirements and formalities, if possible, with a view to the rapid release
and clearance of goods;
(b) work towards the further simplification and standardisation of data and documentation
required by customs and other agencies in order to reduce the time and costs burdens for
operators, including small and medium-sized enterprises; and
(c) ensure that the highest standards of integrity be maintained through the application of
measures reflecting the principles of the relevant international conventions and instruments in
this field.
ARTICLE 4.6
Release of goods
Each Party shall ensure that its customs authorities, border agencies or other competent authorities:
(a) provide for the prompt release of goods within a period no longer than required to ensure
compliance with its customs and other trade-related laws and regulations and formalities;
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(b) provide for advance electronic submission and processing of documentation and any other
required information prior to the arrival of the goods;
(c) allow for the release of goods prior to the final determination of customs duties, taxes, fees
and charges, subject to the provision of a guarantee, if required by its laws and regulations, in
order to secure their final payment; and
(d) give appropriate priority to perishable goods when scheduling and performing any
examinations that may be required.
ARTICLE 4.7
Simplified customs procedures
Each Party shall adopt or maintain measures allowing operators that are fulfilling criteria specified
in its laws and regulations to benefit from further simplification of customs procedures. Such
measures may include customs declarations containing reduced sets of data or supporting
documents, or periodical customs declarations for the determination and payment of customs duties
and taxes covering multiple imports within a given period after the release of those imported goods,
or other procedures that provide for the expedited release of certain shipments.
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ARTICLE 4.8
Authorised economic operators
1. Each Party shall establish or maintain a trade facilitation partnership programme for economic
operators who meet specified criteria, ("authorised economic operators").
2. The specified criteria to qualify as authorised economic operators shall be related to
compliance, or the risk of non-compliance, with requirements specified in laws, regulations or
procedures of each Party. The specified criteria shall be published and it may include:
(a) the absence of any serious infringement or repeated infringements of customs legislation and
taxation rules, including no record of serious criminal offences relating to the economic
activity of the applicant;
(b) the demonstration by the applicant of a high level of control of its operations and of the flow
of goods, by means of a system of managing commercial and, where appropriate, transport
records, which allows appropriate customs controls;
(c) financial solvency, which shall be deemed to be proven if the applicant has good financial
standing, which enables it to fulfil its commitments, with due regard to the characteristics of
the type of business activity concerned;
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(d) proven competences or professional qualifications directly related to the activity carried out;
and
(e) appropriate security and safety standards.
3. The specified criteria referred to in paragraph 2 shall not be designed or applied so as to
afford or create arbitrary or unjustifiable discrimination between economic operators where the
same conditions prevail and shall allow the participation of small and medium-sized enterprises.
4. The trade facilitation partnership programme referred to in paragraph 1shall include the
following benefits:
(a) low documentary and data requirements, as appropriate;
(b) lower rate of physical inspections or expedited examinations, as appropriate;
(c) simplified release procedures and rapid release time, as appropriate;
(d) use of guarantees, including, if applicable, comprehensive guarantees or reduced guarantees;
and
(e) control of the goods at the premises of the authorised economic operator or another place
authorised by customs authorities.
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5. The trade facilitation partnership programme referred to in paragraph 1 may also include
additional benefits, such as:
(a) deferred payment of duties, taxes, fees and charges;
(b) a single customs declaration for all imports or exports in a given period; or
(c) availability of a dedicated contact point to provide assistance in customs matters.
ARTICLE 4.9
Data and documentation requirements
1. Each Party shall ensure that import, export and transit formalities, data and documentation
requirements are:
(a) adopted and applied with a view to the rapid release of goods, provided the conditions for the
release are fulfilled;
(b) adopted and applied in a manner that aims to reduce the time and cost of compliance for
traders or operators;
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(c) the least trade-restrictive alternative, if two or more alternatives were reasonably available for
fulfilling the policy objective or objectives in question; and
(d) not maintained, including parts thereof, if no longer required.
2. Each Party shall apply common customs procedures and use uniform customs documents for
the release of goods throughout its customs territory.
ARTICLE 4.10
Use of information technology and electronic payment
1. Each Party shall use information technologies that expedite procedures for the release of
goods in order to facilitate trade between the Parties.
2. Each Party shall:
(a) make available, by electronic means, a customs declaration that is required for the import,
export or transit of goods;
(b) allow a customs declaration to be submitted in electronic format;
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(c) establish a means of providing for the electronic exchange of customs information with its
trading community;
(d) promote the electronic exchange of data between operators and customs authorities, as well as
other related agencies; and
(e) use electronic risk management systems for assessment and targeting that enable its customs
authorities to focus their inspections on high-risk goods and that facilitate the release and
movement of low-risk goods.
3. Each Party shall adopt or maintain procedures allowing the option of electronic payment for
duties, taxes, fees and charges collected by customs authorities incurred upon importation and
exportation.
ARTICLE 4.11
Risk management
1. Each Party shall adopt or maintain a risk management system for customs control.
2. Each Party shall design and apply risk management in a manner as to avoid arbitrary or
unjustifiable discrimination, or disguised restrictions on international trade.
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3. Each Party shall concentrate customs control and other relevant border controls on high-risk
consignments and expedite the release of low-risk consignments. Each Party may also select, on a
random basis, consignments for those controls as part of its risk management.
4. Each Party shall base risk management on assessment of risk through appropriate selectivity
criteria.
ARTICLE 4.12
Post-clearance audit
1. With a view to expediting the release of goods, each Party shall adopt or maintain post-
clearance audit to ensure compliance with its customs and other trade-related laws and regulations.
2. Each Party shall conduct post-clearance audits in a risk-based manner.
3. Each Party shall conduct post-clearance audits in a transparent manner. If an audit is
conducted and conclusive results have been achieved, the Party shall, without delay, notify the
person, whose record is audited, of the results, the reasons for the results and the rights and
obligations of that person.
4. The Parties acknowledge that the information obtained in a post-clearance audit may be used
in further administrative or judicial proceedings.
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5. Each Party shall, wherever practicable, use the result of post-clearance audit in applying risk
management.
ARTICLE 4.13
Transparency
1. The Parties recognise the importance of timely consultations with trade representatives on
legislative proposals and general procedures related to customs and trade matters. To that end, each
Party shall provide for appropriate consultations between administrations and the business
community.
2. Each Party shall ensure that their respective customs and related requirements and procedures
continue to meet the needs of the business community, follow best practices, and remain less
trade restrictive as possible.
3. Each Party shall provide for appropriate regular consultations between border agencies and
traders or other stakeholders within its territory.
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4. Each Party shall publish promptly in a non-discriminatory and accessible manner, including
online, and prior to their application new laws and regulations related to customs and trade
facilitation matters, as well as amendments of, and interpretations of, those laws and regulations.
Such laws and regulations, as well as their amendments and interpretations, shall include those
relating to:
(a) importation, exportation and transit procedures, including port, airport, and other entry-point
procedures, and required forms and documents;
(b) applied rates of duties and taxes of any kind imposed on, or in connection with, importation or
exportation;
(c) fees and charges imposed by or for governmental agencies on or in connection with
importation, exportation or transit;
(d) rules for the classification or valuation of products for customs purposes;
(e) laws, regulations and administrative rulings of general application relating to rules of origin;
(f) import, export or transit restrictions or prohibitions;
(g) penalty provisions against breaches of import, export or transit formalities;
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(h) agreements or parts thereof with any country or countries relating to importation, exportation
or transit;
(i) procedures related to the administration of tariff quotas;
(j) operating hours and procedures for customs offices at ports and border crossing points;
(k) contact points for information enquiries; and
(l) other relevant notices of an administrative nature in relation to the above.
5. Each Party shall ensure that there is a reasonable period of time between the publication1 of
new or amended laws, regulations and procedures and fees or charges and their entry into force.
6. Each Party shall establish or maintain one or more enquiry points to respond reasonable
enquiries from governments, operators and other interested parties on customs and other trade-
related matters. The enquiry points shall respond to enquiries within a reasonable period of time set
by each Party, which may vary depending on the nature or complexity of the request. A Party shall
not require the payment of a fee for responding to enquiries or providing required forms and
documents.
1 For greater certainty, publication refers to making laws and regulations publicly available.
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ARTICLE 4.14
Advance rulings
1. For the purposes of this Article, an "advance ruling" means a written decision provided to an
applicant prior to the importation of a good covered by the application that sets out the treatment
that the Party shall provide to the good at the time of importation with regard to:
(a) the tariff classification of the good;
(b) the origin of the good; and
(c) any other matters as the Parties may agree.
2. Each Party shall issue an advance ruling through its customs authorities. That advance ruling
shall be issued in a reasonable and time limited manner to the applicant that has submitted a written
request, including in electronic format, containing all necessary information in accordance with the
laws and regulations of the issuing Party.
3. The advance ruling shall be valid for a period of at least three-years from the date in which it
takes effect, unless the law, facts or circumstances supporting the original advance ruling have
changed.
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4. A Party may decline to issue an advance ruling if the facts and circumstances which form the
basis of the advance ruling are under administrative or judicial review or if the application does not
relate to any intended use of the advance ruling. If a Party declines to issue an advance ruling, it
shall promptly notify the applicant in writing, setting out the relevant facts and the basis for its
decision.
5. Each Party shall publish, at least:
(a) the requirements for the application for an advance ruling, including the information to be
provided and the format;
(b) the time period by which it will issue an advance ruling; and
(c) the length of time for which the advance ruling is valid.
6. If a Party revokes or modifies or invalidates an advance ruling, it shall provide written notice
to the applicant setting out the relevant facts and the basis for its decision. A Party may only revoke,
modify or invalidate an advance ruling with retroactive effect, if the ruling was based on
incomplete, incorrect, false or misleading information provided by the applicant.
7. An advance ruling issued by a Party shall be binding on that Party with respect to the
applicant that sought it. The advance ruling shall also be binding on the applicant.
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8. Each Party shall provide, upon written request of an applicant, a review of the advance ruling
or of the decision to revoke, modify or invalidate that advance ruling.
9. Subject to confidentiality requirements in its laws and regulations, each Party shall make
publicly available, including online, the substantive elements of its advance rulings.
ARTICLE 4.15
Transit and transhipment
1. Each Party shall ensure the facilitation and effective control of transit movements and
transhipment operations through its territory.
2. Each Party shall promote and implement regional transit arrangements with a view to
facilitating trade.
3. Each Party shall ensure cooperation and coordination of its concerned authorities and relevant
agencies to facilitate traffic in transit.
4. Each Party shall allow goods intended for import to be moved within its territory under
customs control from a customs office of entry to another customs office in its territory from where
the goods are to be released or cleared, provided all regulatory requirements are met.
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ARTICLE 4.16
Customs brokers
1. A Party shall not introduce the mandatory use of customs brokers as a requirement for
operators to fulfil their obligations with respect to the importation, exportation and transit of goods.
2. Each Party shall publish its measures on the use of customs brokers.
3. The Parties shall apply transparent, non-discriminatory and proportionate rules if and when
licensing customs brokers.
ARTICLE 4.17
Pre-shipment inspections
The Parties shall not require the mandatory use of pre-shipment inspections, as defined in the
Agreement on Pre-shipment Inspection, contained in Annex 1A to the WTO Agreement, or any
other inspection activity performed at destination, before customs clearance, by private companies.
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ARTICLE 4.18
Appeals
1. Each Party shall provide effective, prompt, non-discriminatory and easily accessible
procedures to guarantee the right of appeal against the administrative actions, rulings and decisions
of customs authorities or other competent authorities affecting import or export of goods or goods
in transit.
2. Appeal procedures may include administrative review by the supervising authority and
judicial review of decisions taken at the administrative level in accordance with the laws and
regulations of a Party.
3. Any person who has applied to the customs authorities or other competent authorities or a
decision and has not obtained a decision on that application within the relevant time frames limit
shall also be entitled to exercise the right of appeal.
4. Each Party shall ensure that its customs authorities or other competent authorities provide to
persons to whom administrative decisions are issued, the reasons for those decisions to facilitate,
where necessary, recourse to appeal procedures.
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ARTICLE 4.19
Penalties
1. Each Party shall ensure that its customs laws and regulations provide that any penalties
imposed for breaches of customs laws, regulations or procedural requirements are proportionate and
non-discriminatory.
2. Each Party shall ensure that any penalty imposed for a breach of its customs laws, regulations,
or procedural requirements is imposed only on the person legally responsible for the breach.
3. Each Party shall ensure that the penalty imposed depends on the facts and circumstances of
the case and is commensurate with the degree and severity of the breach. Each Party shall avoid
incentives for, or conflicts of interest in, the assessment and collection of penalties.
4. Each Party is encouraged to consider prior disclosure to a customs authority of the
circumstances of a breach of customs laws, regulations, or procedural requirements as a potential
mitigating factor when establishing a penalty.
5. If a Party imposes a penalty for a breach of its customs laws, regulations, or procedural
requirements, it shall provide an explanation in writing to the person upon whom it imposes the
penalty, specifying the nature of the breach and the applicable laws, regulations, or procedures
pursuant to which the amount or range of penalty for the breach has been imposed.
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ARTICLE 4.20
Sub-Committee on Customs, Trade Facilitation and Rules of Origin
1. The Sub-Committee on Customs, Trade Facilitation and Rules of Origin ("Sub-Committee")
is established pursuant to Article 33.4(1).
2. The Sub-Committee shall ensure the proper implementation of this Chapter, the border
enforcement of intellectual property rights by competent authorities in accordance with
Sub-Section 2 of Section C of Chapter 25, the Protocol to this Agreement on Mutual Administrative
Assistance in Customs Matters and any additional customs-related provisions agreed between the
Parties and examine all matters arising from their application.
3. The functions of the Sub-Committee shall include:
(a) monitoring the implementation and administration of this Chapter and of Chapter 3;
(b) providing a forum to consult and discuss all matters concerning customs, including, in
particular, customs procedures, customs valuation, tariff regimes, customs nomenclature,
customs cooperation and mutual administrative assistance in customs matters;
(c) providing a forum to consult and discuss issues relating to rules of origin and administrative
cooperation, and border measures for intellectual property rights; and
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(d) enhancing cooperation on the development, application and enforcement of customs
procedures, mutual administrative assistance in customs matters, rules of origin and
administrative cooperation.
4. The Sub-Committee may make recommendations on the matters covered by paragraph 2. The
Trade Council or the Trade Committee shall have the power to adopt decisions on mutual
recognition of risk management techniques, risk standards, security controls and trade facilitation
partnership programmes, including aspects such as data transmission and mutually agreed benefits.
ARTICLE 4.21
Temporary admission
1. For the purposes of this Article, "temporary admission" means the customs procedure under
which certain goods, including means of transport, can be brought into a customs territory
conditionally relieved from payment of import duties and taxes and without application of import
prohibitions or restrictions of economic character. Those goods must be imported for a specific
purpose and must be intended for re-exportation within a specified period of time and without
having undergone any change except normal depreciation due to the use made of them.
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2. Each Party shall grant temporary admission, with total conditional relief from import duties
and taxes and without application of import restrictions or prohibitions of economic character1, as
provided for in its laws and regulations, to the following goods:
(a) goods for display or use at exhibitions, fairs, meetings or similar events, which means goods
intended for display or demonstration at an event, goods intended for use in connection with
the display of foreign products at an event, and equipment including interpretation equipment,
sound and image recording apparatus and films of an educational, scientific or cultural
character intended for use at international meetings, conferences or congresses; and goods
obtained at such events from goods placed under temporarily admission; each Party may
require a governmental authorisation or a guarantee or deposit to be issued before the event
takes place;
1 For greater certainty, the temporary admission of goods referred to in paragraphs 1 and 2 of
this Article and brought into Chile from the European Union, shall not be subject to payment
of the fee established in Article 107 of the Customs Ordinance of Chile (Ordenanza de
Aduanas) contained in Decree 30 of the Ministry of Finance, Official Gazette, 4 June 2005
(Decreto con Fuerza de Ley 30 del Ministerio de Hacienda, Diario Oficial,
4 de junio de 2005).
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(b) professional equipment, which means equipment for the press or for sound or television
broadcasting which is necessary for representatives of the press or of broadcasting or
television organisations visiting the territory of another country for purposes of reporting or in
order to transmit or record material for specified programmes, cinematographic equipment
necessary for a person visiting the territory of another country in order to make a specified
film or films, any other equipment necessary for the exercise of the calling, trade or
profession of a person visiting the territory of another country to perform a specified task,
insofar as it is not to be used for the industrial manufacture or packaging of goods or, except
in the case of hand tools, for the exploitation of natural resources, for the construction, repair
or maintenance of buildings or for earth moving and like projects, ancillary apparatus for the
equipment mentioned above, and accessories therefor; and component parts imported for
repair of professional equipment temporarily admitted;
(c) goods imported in connection with a commercial operation but whose importation does not in
itself constitute a commercial operation, such as: packings which are imported filled for re-
exportation empty or filled, or are imported empty for re-exportation filled; containers,
whether or not filled with goods, and accessories and equipment for temporarily admitted
containers, which are either imported with a container to be re-exported separately or with
another container, or are imported separately to be re-exported with a container and
component parts intended for the repair of containers granted temporary admission; pallets;
samples; advertising films;
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(d) goods imported exclusively for educational, scientific or cultural purposes, such as scientific
equipment, pedagogic material, welfare material for seafarers, and any other goods imported
in connection with educational, scientific or cultural activities; spare parts for scientific
equipment and pedagogic material which has been granted temporary admission; and tools
specially designed for the maintenance, checking, gauging or repair of such equipment;
(e) personal effects, which means all articles, new or used, which a traveller may reasonably
require for his or her personal use during the journey, taking into account all the
circumstances of the journey, but excluding any goods imported for commercial purposes;
and goods imported for sports purposes, such as sports requisites and other articles for use by
travellers in sports contests or demonstrations or for training in the territory of temporary
admission;
(f) tourist publicity material, which means goods imported for the purpose of encouraging the
public to visit another foreign country, in particular in order to attend cultural, religious,
touristic, sporting or professional meetings or demonstrations held there, each Party may
require a guarantee or deposit to be provided for these goods;
(g) goods imported for humanitarian purposes, which means medical, surgical and laboratory
equipment and relief consignments, such as vehicles and other means of transport, blankets,
tents, prefabricated houses or other goods of prime necessity, forwarded as aid to those
affected by natural disaster and similar catastrophes; and
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(h) animals imported for specific purposes, such as: police dogs or horses, detector dogs, dogs for
the blind, rescue dogs, participation in shows, exhibitions, contests, competitions or
demonstrations, entertainment, such as circus animals, touring, including pet animals of
travellers, performance of work or transport, medical purposes, such as delivery of snake
poison.
3. Each Party shall accept, in accordance with its laws and regulations1, the temporary admission
of the goods referred to in paragraph 2 as well as, regardless of their origin, A.T.A. carnets issued in
accordance with the Convention on temporary admission, done at Istanbul on 26 June 1990 in the
other Party, endorsed in the other Party and guaranteed by an association forming part of the
international guarantee chain, certified by the competent authorities and valid in the customs
territory of the importing Party.
1 For greater certainty, in the case of Chile, the A.T.A carnets shall be accepted as established
by the Decree N° 103 of 2004 of the Ministry of Foreign Affairs (Decreto N°103 de 2004 del
Ministerio de Relaciones Exteriores), that enacts the "Convention on Temporary Admission
and its Annexes A, B1, B2 and B3, with the reservations duly indicated", and its amendments
thereof.
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ARTICLE 4.22
Repaired goods
1. For the purposes of this Article, "repair" means any processing operation undertaken in
respect of a good to remedy an operating defect or material damage and entailing the re-
establishment of the good to its original function or to ensure compliance with technical
requirements for its use, without which the good could no longer be used in the normal way for the
purposes for which it was intended. The repair includes restoration and maintenance but does not
include an operation or process that:
(a) destroys the essential characteristics of a good, or creates a new or commercially different
good;
(b) transforms an unfinished good into a finished good; or
(c) is used to improve or upgrade the technical performance of a good.
2. A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its
customs territory, after that good has been temporarily exported from its customs territory to the
customs territory of the other Party for repair.
3. Paragraph 2 does not apply to a good, imported in bond, into free trade zones, or in similar
status, which is thereafter exported for repair and is not re-imported in bond, into free trade zones,
or in similar status.
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4. A Party shall not apply a customs duty to a good, regardless of its origin, imported
temporarily from the customs territory of the other Party for repair.
ARTICLE 4.23
Fees and formalities
1. Fees and other charges that a Party imposes on or in connection with the importation or
exportation of a good of the other Party shall be limited in amount to the approximate cost of
services rendered, and shall not represent an indirect protection in respect of domestic goods or
taxation of imports or exports for fiscal purposes.
2. A Party shall not levy fees or other charges on or in connection with the importation or
exportation of a good of the other Party on an ad valorem basis.
3. Each Party may impose charges or recover costs only if specific services are rendered,
including the following:
(a) attendance, where requested, by customs staff outside official office hours or at premises
other than customs premises;
(b) analyses or expert reports on goods and postal fees for the return of goods to an applicant,
particularly in respect of decisions relating to binding information or the provision of
information concerning the application of the customs legislation;
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(c) examination or sampling of goods for verification purposes, or the destruction of goods,
where costs other than the cost of using customs staff are involved; or
(d) exceptional control measures, where these are necessary due to the nature of the goods or to a
potential risk.
4. Each Party shall promptly publish all fees and charges it may impose in connection with
importation or exportation in such a manner as to enable governments, traders and other interested
parties, to become acquainted with them.
5. A Party shall not require consular transactions, including related fees and charges, in
connection with the importation of any good of the other Party.
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CHAPTER 5
TRADE REMEDIES
SECTION A
ANTI-DUMPING AND COUNTERVAILING DUTIES
ARTICLE 5.1
General provisions
1. The Parties affirm their rights and obligations under the Anti-dumping Agreement and the
SCM Agreement.
2. For the purposes of this Section, the preferential rules of origin under Chapter 3 (Rules of
origin) do not apply.
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ARTICLE 5.2
Transparency
1. Anti-dumping and anti-subsidy investigations and measures should be used in full compliance
with the relevant WTO requirements set out in the Anti-dumping Agreement and the
SCM Agreement and should be based on a fair and transparent system.
2. Each Party shall ensure, as soon as practicable after any imposition of provisional measures
and in any case before final determination is made, full disclosure of all essential facts and
considerations on which it bases a decision to apply definitive measures. Such disclosure is without
prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement.
Each Party shall disclose such essential facts and considerations in writing, and allow interested
parties sufficient time to submit comments thereon.
3. Each interested party shall be granted the possibility to be heard in order to express its views
during an anti-dumping or anti-subsidy investigation, provided that this does not unnecessarily
delay the conduct of the investigation.
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ARTICLE 5.3
Consideration of public interest
Each Party shall take into account the situation of its domestic industry, importers and their
representative associations, representative users and representative consumer organisations to the
extent that they have provided relevant information to the investigating authorities within the
relevant timeframe. A Party may decide not to apply anti-dumping or countervailing measures on
the basis of such information.
ARTICLE 5.4
Lesser duty rule
If a Party imposes an anti-dumping duty on the goods of the other Party, the amount of such duty
shall not exceed the margin of dumping. Whenever possible, the anti-dumping duty should be less
than that margin if such lesser duty would be adequate to remove the injury to the domestic
industry.
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ARTICLE 5.5
Non-application of dispute settlement
Chapter 31 does not apply to this Section.
SECTION B
GLOBAL SAFEGUARD MEASURES
ARTICLE 5.6
General provisions
The Parties affirm their rights and obligations pursuant to Article XIX of GATT 1994, the
Safeguards Agreement and Article 5 of the Agreement on Agriculture.
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ARTICLE 5.7
Transparency and imposition of definitive measures
1. Notwithstanding Article 5.6, the Party initiating a global safeguard investigation or intending
to apply global safeguard measures shall, on request of the other Party and provided that the latter
has a substantial interest, immediately provide a written notification containing all pertinent
information leading to the initiation of a global safeguard investigation or the application of global
safeguard measures, including on the provisional findings, if relevant. Such notification is without
prejudice to Article 3(2) of the Safeguards Agreement.
2. When imposing definitive global safeguard measures, each Party shall endeavour to impose
them in a way that least affects bilateral trade, provided that the Party affected by the measures has
a substantial interest as defined in paragraph 4.
3. For the purposes of paragraph 2, if a Party considers that the legal requirements for the
imposition of definitive global safeguard measures are met, and intends to apply such measures, it
shall notify the other Party and grant the possibility of holding bilateral consultations, provided that
the other Party has a substantial interest as defined in paragraph 4. If no satisfactory solution has
been reached within 15 days of the notification, the importing Party may adopt the appropriate
global safeguard measures to remedy the problem.
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4. For the purposes of this Article, a Party shall be considered to have a substantial interest when
it is among the five largest suppliers of the imported good during the most recent three-year time
period, measured in terms of either absolute volume or value.
ARTICLE 5.8
Non-application of dispute settlement
Chapter 31 (State-to-State dispute settlement) does not apply to this Section.
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SECTION C
BILATERAL SAFEGUARD MEASURES
SUB-SECTION 1
GENERAL PROVISIONS
ARTICLE 5.9
Definitions
For the purposes of this Section:
(a) "domestic industry" means, with respect to an imported good, the producers as a whole of like
or directly competitive goods operating within the territory of a Party, or the producers whose
collective output of like or directly competitive goods constitutes a major proportion of the
total domestic production of those goods.
(b) "transition period" means:
(i) a period of seven years from the date of entry into force of this Agreement; or
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(ii) for any good for which the schedule in Annex 2 of the Party applying a bilateral
safeguard measure provides for a tariff elimination period of seven years, the tariff
elimination period for that good plus two years.
ARTICLE 5.10
Application of a bilateral safeguard measure
1. Notwithstanding Section B, if, as a result of the reduction or elimination of a customs duty
under this Agreement, a good originating in a Party is being imported into the territory of the other
Party in such increased quantities, in absolute terms or relative to domestic production, and under
such conditions as to cause or threaten to cause serious injury to domestic producers of like or
directly competitive goods, the importing Party may take appropriate bilateral safeguard measures
under the conditions and in accordance with the procedures laid down in this Section.
2. If the conditions in paragraph 1 are met, the importing Party may apply one of the following
bilateral safeguard measures:
(a) the suspension of any further reduction of the rate of customs duty on the good concerned as
provided for under this Agreement; or
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(b) the increase in the rate of customs duty on the good concerned to a level which does not
exceed the lesser of:
(i) the most-favoured-nation applied rate of customs duty on the good in effect at the time
of application of the measure; or
(ii) the most-favoured-nation applied rate of customs duty on the good in effect on the day
immediately preceding the date of entry into force of this Agreement.
ARTICLE 5.11
Standards for bilateral safeguard measures
1. A bilateral safeguard measure shall not be applied:
(a) except to the extent, and for such time, as may be necessary to prevent or remedy serious
injury or threat thereof to the domestic industry;
(b) for a period exceeding two years; the period may be extended by another two years, if the
competent investigating authority of the importing Party determines, in conformity with the
procedures specified in this Section, that the measure continues to be necessary to prevent or
remedy serious injury or threat thereof to the domestic industry, provided that the total period
of application of the bilateral safeguard measure, including the period of initial application
and any extension thereof, does not exceed four years; or
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(c) beyond the expiration of the transition period as defined in subparagraph (b) of Article 5.9.
2. When a Party ceases to apply a bilateral safeguard measure, the rate of customs duty shall be
the rate that would have been in effect for the good in accordance with its schedule in Annex 2.
3. In order to facilitate adjustment of the industry concerned in a situation where the expected
duration of a bilateral safeguard measure exceeds one year, the Party applying the measure shall
progressively liberalise it at regular intervals during the period of application.
ARTICLE 5.12
Provisional bilateral safeguard measures
1. In critical circumstances where delay would cause damage that would be difficult to repair, a
Party may apply a bilateral safeguard measure on a provisional basis, without complying with the
requirements of Article 5.21(1) pursuant to a preliminary determination that there is clear evidence
that imports of a good originating in the other Party have increased as the result of the reduction or
elimination of a customs duty under this Agreement, and that such imports cause or threaten to
cause serious injury to the domestic industry.
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2. The duration of any provisional bilateral safeguard measure shall not exceed 200 days, during
which time the Party applying the measure shall comply with the relevant procedural rules laid
down in Sub-Section 2. The Party applying the provisional bilateral safeguard measure shall
promptly refund any tariff increases if the investigation described in Sub-Section 2 does not result
in a finding that the conditions of Article 5.10(1) are met. The duration of the provisional bilateral
safeguard measure shall be counted as part of the period described in subparagraph (b) of
Article 5.11(1).
3. The Party applying a provisional bilateral safeguard measure shall inform the other Party
upon taking such provisional measures and shall immediately refer the matter to the Trade
Committee for examination if the other Party so requests.
ARTICLE 5.13
Compensation and suspension of concessions
1. A Party applying a bilateral safeguard measure shall consult with the other Party whose
products are subject to the measure in order to agree on appropriate trade liberalising compensation
in the form of concessions having substantially equivalent trade effects. The Party applying a
bilateral safeguard measure shall provide an opportunity for such consultations no later than 30 days
after the application of the bilateral safeguard measure.
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2. If the consultations referred to in paragraph 1 do not result in an agreement on trade
liberalising compensation within 30 days after the start of the consultations, the Party whose goods
are subject to the bilateral safeguard measure may suspend the application of concessions having
substantially equivalent effects on the trade of the other Party.
3. The Party whose goods are subject to the bilateral safeguard measure shall notify the other
Party in writing at least 30 days before it suspends the application of concessions in accordance
with paragraph 2.
4. The obligation to provide compensation pursuant to paragraph 1 and the right to suspend the
application of concessions pursuant to paragraph 2 shall:
(a) not be exercised for the first 24 months during which a bilateral safeguard measure is in
effect, provided that the bilateral safeguard measure has been applied as a result of an
absolute increase in imports; and
(b) cease on the date of termination of the bilateral safeguard measure.
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ARTICLE 5.14
Time lapse between two safeguard measures and non-parallel application of safeguard measures
1. A Party shall not apply a safeguard measure as referred to in this Section to the import of a
good that has previously been subject to such a measure, unless a period of time equal to half of the
time during which the safeguard measure was applied for the immediately preceding period has
elapsed. A safeguard measure that has been applied more than once on the same good may not be
extended by another two years as set out in subparagraph (b) of Article 5.11(1).
2. A Party shall not apply, with respect to the same good and during the same period:
(a) a bilateral safeguard measure or a provisional bilateral safeguard measure under this
Agreement; and
(b) a global safeguard measure pursuant to Article XIX of GATT 1994 and the Safeguards
Agreement.
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ARTICLE 5.15
Outermost regions1 of the European Union
1. If any good originating in Chile is being imported into the territory of one or more of the
outermost regions of the European Union in such increased quantities and under such conditions as
to cause or threaten to cause serious deterioration in the economic situation of the outermost region
concerned, the European Union, after having examined alternative solutions, may exceptionally
apply bilateral safeguard measures limited to the territory of the region concerned.
2. For the purposes of paragraph 1, "serious deterioration" means major difficulties in a sector of
the economy producing like or directly competitive goods. The determination of serious
deterioration shall be based on objective factors, including the following:
(a) the increase in the volume of imports, in absolute terms or relative to domestic production and
to imports from other sources; and
1 On the date of entry into force of this Agreement, the outermost regions of the European
Union are: Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, St. Martin, the
Azores, Madeira and the Canary Islands. This Article also applies to a country or an overseas
territory that changes its status into that of an outermost region by way of a decision of the
European Council in accordance with the procedure set out in Article 355 (6) of the Treaty on
the Functionning of the European Union as from the date of adoption of that decision. In the
event that an outermost region of the European Union, following that procedure, ceases to be
an outermost region, this Article shall cease to be applicable to that country or overseas
territory as from the date of the decision of the European Council in that regard. The
European Union shall notify Chile of any change in the territories considered as outermost
regions of the European Union.
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(b) the effect of the imports referred to in paragraph 1 on the situation of the industry or economic
sector concerned, including on the levels of sales, production, financial situation and
employment.
3. Without prejudice to paragraph 1, other provisions of this Section applicable to bilateral
safeguard measures are also applicable to any safeguard measures adopted under this Article. Any
reference to "serious injury" in other provisions of this Section shall be understood as "serious
deterioration" when applied in relation to outermost regions of the European Union.
SUB-SECTION 2
PROCEDURAL RULES APPLICABLE TO BILATERAL SAFEGUARD MEASURES
ARTICLE 5.16
Applicable law
For the application of bilateral safeguard measures, the competent investigating authority of each
Party shall comply with the provisions of this Sub-Section. In cases not covered by this
Sub-Section, the competent investigating authority shall apply the rules established under the law of
the Party of that authority.
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ARTICLE 5.17
Initiation of a safeguard procedure
1. A competent investigating authority of a Party may initiate a procedure regarding bilateral
safeguard measures ("safeguard procedure") upon a written application1 by or on behalf of the
domestic industry, or in exceptional circumstances on its own initiative.
2. The application shall be considered to have been made by or on behalf of the domestic
industry if it is supported by domestic producers whose collective output constitutes more than
50 % of the total domestic production of the like or directly competitive goods produced by the
portion of the domestic industry expressing either support for or opposition to the application.
However, a competent investigating authority shall not initiate an investigation if the domestic
producers expressing support for the application account for less than 25 % of the total domestic
production of the like or directly competitive goods produced by the domestic industry.
3. Once a competent investigating authority has initiated the investigation, the written
application referred to in paragraph 1 shall be made available to interested parties, except for any
confidential information contained therein.
1 For the European Union, that application may be filed by one or more Member States on
behalf of the domestic industry.
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4. Upon initiation of a safeguard procedure, the competent investigating authority shall publish a
notice of initiation of the safeguard procedure in the official journal of the Party. The notice shall
identify:
(a) the entity which filed the written application, if applicable;
(b) the imported good subject to the safeguard procedure;
(c) the subheading and tariff item number under which the imported good is classified;
(d) the type of proposed measure to be applied;
(e) the public hearing pursuant to subparagraph (a) of Article 5.20 or the period within which
interested parties may submit a request to be heard pursuant to subparagraph (b) of
Article 5.20;
(f) the place where the written application and any other non-confidential documents filed in the
course of the proceeding may be inspected; and
(g) the name, address and telephone number of the office to be contacted for more information.
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5. With respect to a safeguard procedure initiated pursuant to paragraph 1 on the basis of a
written application, the competent investigating authority concerned shall not publish the notice
required by paragraph 3 without first assessing carefully whether the written application meets the
requirements of its domestic legislation and the requirements of paragraph 1 and 2 and includes
reasonable evidence that imports of a good originating in the other Party have increased as the result
of the reduction or elimination of a customs duty under this Agreement, and that such imports cause
or threaten to cause the alleged serious injury.
ARTICLE 5.18
Investigation
1. A Party shall apply a bilateral safeguard measure only after an investigation has been carried
out by its competent investigating authority in accordance with Article 3(1) and subparagraph (c) of
Article 4(2) of the Safeguards Agreement; to this end, Article 3(1) and subparagraph (c) of
Article 4(2) of the Safeguards Agreement are incorporated into and made part of this Agreement,
mutatis mutandis.
2. In the investigation referred to in paragraph 1, the Party shall comply with the requirements of
subparagraph (a) of Article 4(2) of the Safeguards Agreement. To this end, subparagraph (a) of
Article 4(2) of the Safeguards Agreement is incorporated into and made part of this Agreement,
mutatis mutandis.
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3. If a Party makes a notification pursuant to paragraph 1 of this Article and Article 3(1) of the
Safeguards Agreement that it is applying or extending a bilateral safeguard measure, that
notification shall include:
(a) evidence of serious injury, or threat of serious injury, caused by increased imports of a good
originating in the other Party, as a result of the reduction or elimination of a customs duties
under this Agreement; the investigation shall demonstrate, on the basis of objective evidence,
the existence of a causal link between the increased imports of the good concerned and the
serious injury or threat thereof. Known factors other than the increased imports shall also be
examined to ensure that the serious injury or the threat of serious injury caused by these other
factors is not attributed to the increased imports.
(b) a precise description of the originating good subject to the bilateral safeguard measure,
including its heading or subheading under the HS Code, on which the schedules of tariff
commitments in Annex 2 are based;
(c) a precise description of the bilateral safeguard measure;
(d) the date of the introduction of the bilateral safeguard measure, its expected duration and, if
applicable, a timetable for progressive liberalisation of the measure in accordance with
Article 5.11(3); and
(e) in case of an extension of the bilateral safeguard measure, evidence that the domestic industry
concerned is adjusting.
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4. On request of a Party whose good is subject to a safeguard procedure under this Section, the
Party conducting that procedure shall enter into consultations with the requesting Party to review a
notification under paragraph 1 or any public notice or report that the competent investigating
authority has issued in relation to the safeguard procedure.
5. Each Party shall ensure that its competent investigating authority completes any investigation
pursuant to this Article within 12 months after the date of its initiation.
ARTICLE 5.19
Confidential information
1. Any information which is by nature confidential or which is provided on a confidential basis
shall, upon good cause being shown, be treated as confidential by the competent investigating
authority. Such information shall not be disclosed without permission of the interested party
submitting it.
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2. Interested parties providing confidential information are requested to furnish non-confidential
summaries thereof or, if such parties indicate that the information cannot be summarised, the
reasons therefor. The summaries shall be sufficiently detailed to permit a reasonable understanding
of the substance of the information submitted in confidence. However, if the competent
investigating authority finds that a request for confidentiality is not warranted and if the interested
party concerned is either unwilling to make the information public or to authorise its disclosure in
generalised or summary form, the competent investigating authority may disregard such
information, unless it can be demonstrated to the satisfaction of that authority, in view of
information from appropriate sources, that the information is correct.
ARTICLE 5.20
Hearings
In the course of each safeguard procedure, the competent investigating authority shall:
(a) hold a public hearing, after providing reasonable notice, to allow all interested parties and any
representative consumer association to appear in person or by counsel in order to present
evidence and to be heard regarding serious injury or threat of serious injury, and the
appropriate remedy; or
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(b) provide an opportunity to all interested parties to be heard if they have submitted a written
request, within the period laid down in the notice of initiation referred to in Article 5.17(4),
showing that they are likely to be affected by the outcome of the investigation and that there
are special reasons for them to be heard orally.
ARTICLE 5.21
Notifications, examination in the Trade Committee and publications
1. If a Party considers that one of the circumstances set out in Article 5.10(1) or 5.15(1) exists, it
shall immediately refer the matter to the Trade Committee for examination. The Trade Committee
may make any recommendation needed to remedy the circumstances which have arisen. If no
recommendation has been made by the Trade Committee aimed at remedying the circumstances, or
no other satisfactory solution has been reached within 30 days after the date on which the Party
refers the matter to the Trade Committee, the importing Party may adopt the appropriate bilateral
safeguard measures to remedy the circumstance in accordance with this Section.
2. For the purposes of paragraph 1, the importing Party shall provide the exporting Party with all
relevant information, including evidence of serious injury or threat thereof to domestic producers of
the like and directly competitive good, caused by increased imports, a precise description of the
good involved, and the proposed bilateral safeguard measure, its proposed date of imposition and
expected duration.
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3. The Party that adopts the bilateral safeguard measure shall publish its findings and reasoned
conclusions reached on all pertinent issues of fact and law in the official journal of that Party,
including the description of the imported good and the situation which has given rise to the
imposition of measures in accordance with Articles 5.10(1) or 5.15(1), the causal link between such
situation and the increased imports, and the form, level and duration of the measures.
ARTICLE 5.22
Acceptance of English documents in safeguard procedures
In order to facilitate the submission of documents in safeguard procedures, the competent
investigating authority of the Party in charge of the procedure shall accept documents submitted in
English by interested parties, provided that those parties submit later, within a longer deadline set
by the competent authority, a translation of the documents into the language of the safeguard
procedure.
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CHAPTER 6
SANITARY AND PHYTOSANITARY MEASURES
ARTICLE 6.1
Objectives
The objectives of this Chapter are:
(a) to safeguard human, animal and plant health in the territories of the Parties whilst facilitating
trade in animals, animal products, plants, plant products and other products covered by
sanitary and phytosanitary ("SPS") measures, between the Parties, by:
(i) improving transparency, communication and cooperation on SPS measures between the
Parties;
(ii) establishing mechanisms and procedures for trade facilitation; and
(iii) further implementing the principles of the SPS Agreement;
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(b) to cooperate in multilateral fora and on food safety, animal health and plant protection
science; and
(c) to cooperate on other sanitary or phytosanitary matters or in other fora.
ARTICLE 6.2
Multilateral obligations
The Parties reaffirm their rights and obligations under the WTO Agreement and, in particular, the
SPS Agreement. Those rights and obligations shall underpin the activities of the Parties under this
Chapter.
ARTICLE 6.3
Scope
This Chapter applies to:
(a) all SPS measures as defined in Annex A to the SPS Agreement in so far as they affect trade
between the Parties;
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(b) cooperation in multilateral fora recognised in the framework of the SPS Agreement;
(c) cooperation on food safety, animal health and plant protection science; and
(d) cooperation on any other sanitary or phytosanitary matter in any other fora, as the Parties
may agree.
ARTICLE 6.4
Definitions
For the purposes of this Chapter and Annexes 6-A to 6-H:
(a) the definitions in Annex A of the SPS Agreement, as well as those of the Codex Alimentarius,
the World Organisation for Animal Health and the International Plant Protection Convention,
done at Rome on 17 November 1997 apply; and
(b) "protected zone" means, for a specific regulated pest, an officially defined geographical part
of the territory of a Party in which that pest is known not to be established in spite of
favourable conditions and its presence in other parts of the territory of that Party.
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ARTICLE 6.5
Competent authorities
1. The competent authorities of the Parties are the authorities responsible for the implementation
of the measures referred to in this Chapter, as set out in Annex 6-A.
2. In accordance with Article 6.12, the Parties shall inform each other of any significant changes
in the structure, organisation or division of competences of their competent authorities.
ARTICLE 6.6
Recognition of status in respect of animal diseases and infections in animals, and of pests
1. The following applies to status in respect of animal diseases and infections in animals,
including zoonoses:
(a) the importing Party shall recognise for trade purposes the animal health status of the exporting
Party or its regions, as determined by the exporting Party in accordance with
subparagraph (a)(i) of paragraph 1 of Annex 6-C, in respect of the animal diseases specified
in Annex 6-B;
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(b) where a Party considers that its territory or any of its regions has a special status in respect of
a specific animal disease other than the animal diseases set out in Annex 6-B, it may request
recognition of that status in accordance with the criteria set out in paragraph 3 of Annex 6-C;
the importing Party may require guarantees in respect of imports of live animals and animal
products which are appropriate to the agreed status of that Party;
(c) the Parties recognise that the status of the territories or regions, or the status of a sector or
sub-sector of the Parties, related to the prevalence or incidence of an animal disease other than
the animal diseases set out in Annex 6-B, or of infections in animals, or their associated risk,
as appropriate, as defined by the international standard setting organisations recognised in the
framework of the SPS Agreement constitutes the basis of trade between them; the importing
Party may, as appropriate, request guarantees in respect of imports of live animals and animal
products which are appropriate to the defined status of that Party in accordance with the
recommendations of the standard setting organisations; and
(d) without prejudice to Articles 6.9 and 6.15, and unless the importing Party raises an explicit
objection and requests supportive or additional information, consultations or verification in
accordance with Articles 6.11 and 6.14, each Party shall adopt, without undue delay, the
legislative and administrative measures necessary to allow trade on the basis of
subparagraphs (a), (b) and (c) of this paragraph.
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2. The following applies to pests:
(a) the Parties recognise for trade purposes the pest status with regard to the pests specified in
Annex 6-B; and
(b) without prejudice to Articles 6.9 and 6.15, and unless the importing Party raises an explicit
objection and requests supportive or additional information, consultations or verification in
accordance with Articles 6.11 and 6.14, each Party shall, without undue delay, take the
legislative and administrative measures necessary to allow trade on the basis of
subparagraph (a) of this paragraph.
ARTICLE 6.7
Recognition of regionalisation decisions in respect of animal diseases
and infections in animals and of pests
1. The Parties recognise the concept of regionalisation, and shall apply it to trade between them.
2. Regionalisation decisions in respect of terrestrial and aquatic animal diseases listed in
Appendix 6-B-1 and pests listed in Appendix 6-B-2, shall be adopted in accordance with Annex 6-
C.
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3. As regards animal diseases, and in accordance with Article 6.14, the exporting Party seeking
recognition by the importing Party of a regionalisation decision shall notify its measures
establishing regionalisation with a full explanation and supporting data for its determinations and
decisions.
4. Without prejudice to Article 6.15, and unless the importing Party raises an explicit objection
and requests additional information, consultations or verification in accordance with Articles 6.11
and 6.14 within 15 working days of the receipt of the regionalisation decision, the Parties shall
consider that decision as accepted.
5. Consultations referred to in paragraph 4 of this Article shall take place in accordance with
Article 6.14(2). The importing Party shall assess the additional information within 15 working days
of the receipt of the additional information. The verification referred to in paragraph 4 of this
Article shall be carried out in accordance with Article 6.11 and within 25 working days of the
receipt of the request for verification.
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6. As regards pests, each Party shall ensure that trade in plants, plant products and other products
takes account of the pest status recognised by the other Party. The exporting Party seeking
recognition of a regionalisation decision by the other Party shall notify the other Party of its
measures and decisions, as guided by the relevant International Standards for Phytosanitary
Measures of the Food and Agriculture Organisation of the United Nations ("FAO"), including 4
"Requirements for the establishment of Pest Free Areas", 8 "Determination of Pest Status in an
area", and other international standards for phytosanitary measures as the Parties deem appropriate.
Without prejudice to Article 6.15, and unless a Party raises an explicit objection and requests
additional information, consultations or verification in accordance with Articles 6.11 and 6.14
within three months of the receipt of the regionalisation decision, the Parties shall consider that
decision as accepted.
7. Consultations referred to in paragraph 4 of this Article shall take place in accordance with
Article 6.14(2). The importing Party shall assess any additional information within three months
following receipt of the additional information. Each Party shall carry out the verification referred
to in paragraph 4 of this Article in accordance with Article 6.11 and within 12 months of the receipt
of a request for verification, taking into account the biology of the pest and the crop concerned.
8. After finalisation of the procedures set out in paragraphs 2 to 7 of this Article, and without
prejudice to Article 6.15, each Party shall, without undue delay, take the legislative and
administrative measures necessary to allow trade on that basis.
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ARTICLE 6.8
Recognition of equivalence
1. The Parties may recognise equivalence in relation to an individual measure, a group of
measures or systems applicable to a sector or sub-sector.
2. In view of the recognition of equivalence, the Parties shall follow the consultation process
referred to in paragraph 3. That process shall include the objective demonstration of equivalence by
the exporting Party and the objective assessment of that demonstration by the importing Party with
a view to the possible recognition of equivalence by the importing Party.
3. The Parties shall, within three months of the receipt by the importing Party of a request by the
exporting Party for recognition of equivalence of one or more measures affecting one or more
sectors or sub-sectors, initiate a consultation process, which shall include the steps set out in
Annex 6-E. In the case of multiple requests from the exporting Party, the Parties shall, on request of
the importing Party, agree within the Sub-Committee referred to in Article 6.16 on a time schedule
in accordance with which they shall initiate the process referred to in this paragraph.
4. Unless otherwise agreed, the importing Party shall finalise the assessment of equivalence, as
set out in Annex 6-E, no later than 180 days after having received from the exporting Party its
demonstration of equivalence as set out in that Annex. As an exception in the case of seasonal
crops, it is justifiable to finalise the assessment of equivalence at a later time, if necessary in order
to allow for the verification of phytosanitary measures during a suitable period of growth of a crop.
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5. The priority sectors or sub-sectors of each Party for which a consultation process as referred
to in paragraph 3 of this Article may be initiated, are to be set out, where appropriate in order of
priority in Appendix 6-E-1. The Sub-Committee referred to in Article 6.16 may recommend that the
Trade Council amend that list, including the order of priority.
6. The importing Party may withdraw or suspend a recognition of equivalence on the basis of an
amendment by one of the Parties of measures affecting the equivalence concerned, provided that the
following procedures are followed:
(a) in accordance with Article 6.13, the exporting Party shall inform the importing Party of any
proposed amendment to a measure of the exporting Party for which equivalence is recognised
and the likely effect of the proposed amendment on that equivalence; within 30 working days
of the receipt of that information, the importing Party shall inform the exporting Party
whether or not that equivalence would continue to be recognised on the basis of the proposed
amendment; and
(b) in accordance with Article 6.13, the importing Party shall inform the exporting Party of any
proposed amendment to a measure of the importing Party on which a recognition of
equivalence has been based and the likely effect of the proposed amendment on that
recognition of equivalence; if the importing Party does not continue to recognise that
equivalence, the Parties may jointly establish the conditions for reinitiating the process
referred to in paragraph 3 of this Article on the basis of the proposed amendment.
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7. Without prejudice to Article 6.15, the importing Party shall not withdraw or suspend a
recognition of equivalence before the proposed amendment of either Party enters into force.
8. The recognition or the withdrawal or suspension of a recognition of equivalence rests solely
with the importing Party acting in accordance with its administrative and legislative framework
including, as regards plants, plant products and other goods, appropriate communications in
accordance with the FAO International Standard for Phytosanitary Measures 13 "Guidelines for the
notification of non-compliances and emergency action" and other international standards for
phytosanitary measures, as appropriate. The importing Party shall provide the exporting Party with
a full written explanation and the supporting data in respect of the determinations and decisions
covered by this Article. In case of non-recognition, or withdrawal or suspension of a recognition of
equivalence, the importing Party shall inform the exporting Party of the conditions for reinitiating
the process referred to in paragraph 3.
ARTICLE 6.9
Transparency and trade conditions
1. The Parties shall apply general import conditions. Without prejudice to the decisions taken in
accordance with Article 6.7, the import conditions of the importing Party shall be applicable to the
territory of the exporting Party. In accordance with Article 6.13, the importing Party shall inform
the exporting Party of its SPS import requirements. That information shall include, as appropriate,
the models for any official certificates or attestations required by the importing Party.
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2. Each Party shall, for the notification of amendments or proposed amendments to the
conditions referred to in paragraph 1 of this Article, comply with Article 7 and Annex B of the
SPS Agreement and subsequent decisions adopted by the WTO SPS Committee. Without prejudice
to Article 6.15, the importing Party shall take into account the transport time between the territories
of the Parties when establishing the date of entering into force of any amendments to the conditions
referred to in paragraph 1 of this Article.
3. If the importing Party fails to comply with the notification requirements referred to in
paragraph 2, it shall continue to accept, for 30 days after the date of entry into force of the
amendment concerned, any certificate or attestation guaranteeing the import conditions applicable
prior to that amendment.
4. When Chile grants market access to one or more European Union sectors or sub-sectors in
accordance to the conditions referred to in paragraph 1, Chile shall approve any subsequent export
requests submitted by the Member States on the basis of a comprehensive dossier of information
available to the European Commission, known as the Country profile, unless Chile requests
additional information in limited specific circumstances when deemed appropriate.
5. Within 90 days of a recognition of equivalence in accordance with Article 6.8, a Party shall
take the legislative and administrative measures necessary to implement that recognition of
equivalence in order to allow trade between the Parties in sectors and sub-sectors in which the
importing Party recognises all SPS measures of the exporting Party as equivalent. For the animals,
animal products, plants, plant products and other products covered by the SPS measures concerned,
the model for the official certificate or official document required by the importing Party may be
replaced by a certificate as provided for in Annex 6-H.
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6. For products referred to in paragraph 5 in sectors or sub-sectors for which one or some but not
all measures are recognised as equivalent, the Parties shall continue trade between them on the basis
of compliance with the conditions referred to in paragraph 1. On request of the exporting Party,
paragraph 8 shall apply.
7. For the purposes of this Chapter, the importing Party shall not subject imports of products of
the other Party to import licences.
8. As regards general import conditions affecting trade between the Parties, the Parties shall, on
request of the exporting Party, enter into consultations in accordance with Article 6.14, in order to
establish alternative or additional import conditions of the importing Party. The Parties shall, if
appropriate, base those alternative or additional import conditions on measures of the exporting
Party recognised as equivalent by the importing Party. If the Parties agree on alternative or
additional import conditions, the importing Party shall, within 90 days of their establishment, take
the legislative or administrative measures necessary to allow imports on that basis.
9. As regards imports of animals, animal products, products of animal origin and animal by-
products, the importing Party shall, on request of the exporting Party accompanied by the
appropriate guarantees, approve, without prior inspection, and in accordance with Annex 6-D,
establishments which are situated on the territory of the exporting Party. Unless the exporting Party
requests additional information, the importing Party shall, within 30 working days of the receipt of
the request for approval accompanied by the appropriate guarantees, take the legislative or
administrative measures necessary to allow imports on that basis.
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10. The initial list of establishments shall be approved by a Party in accordance with Annex 6-D.
11. On request of a Party, the other Party shall provide a full explanation and supporting data for
the determinations and decisions covered by this Article.
ARTICLE 6.10
Certification procedures
1. For the purposes of certification procedures, the Parties shall comply with the principles and
criteria set out in Annex 6-H.
2. A Party shall issue the certificates or official documents referred to in paragraphs 1 and 4 of
Article 6.9 as set out in Annex 6-H.
3. The Sub-Committee referred to in Article 6.16 may recommend that the Trade Committee or
Trade Council adopt a decision establishing rules to be followed in case of electronic certification,
or withdrawal or replacement of certificates.
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ARTICLE 6.11
Verification
1. For the purposes of the effective implementation of this Chapter, each Party shall have the
right:
(a) to carry out, in accordance with the guidelines set out in Annex 6-F, a verification of all or a
part of the total control programme of the competent authorities of the other Party; the
expenses of that verification shall be borne by the Party carrying out the verification;
(b) as from a date to be determined by the Parties, to request from the other Party all or a part of
that Party's total control programme and a report concerning the results of the controls carried
out under that programme; and
(c) for laboratory tests related to products of animal origin, to request the participation of the
other Party in the periodical inter-comparative test programme for specific tests organised by
the reference laboratory of the requesting Party; the costs related to that participation shall be
borne by the participating Party.
2. Each Party may share the results and conclusions of its verifications with third countries and
make them publicly available.
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3. The Sub-Committee referred to in Article 6.16 may recommend that the Trade Council
amends Annex 6-F, taking due account of relevant work carried out by international organisations.
4. The results of verifications referred to in this Article may contribute to measures by a Party or
the Parties referred to in Articles 6.6, 6.7, 6.8, 6.9 and 6.12.
ARTICLE 6.12
Import checks and inspection fees
1. Import checks conducted by the importing Party on consignments from the exporting Party
shall respect the principles set out in Annex 6-G. The results of these checks may contribute to the
verification process referred to in Article 6.11.
2. The frequency rates of physical import checks applied by each Party are set out in Annex 6-G.
The Sub-Committee referred to in Article 6.16 may recommend to the Trade Council to amend
Annex 6-G.
3. A Party may deviate from the frequency rates set out in the Annex 6-G within its competences
and in accordance with its laws and regulations, as a result of progress made in accordance with
Articles 6.8 and 6.9, or as a result of verifications, consultations or other measures provided for in
this Chapter.
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4. Inspection fees shall not exceed the costs incurred by the competent authority for performing
import checks and shall be equitable in relation to fees charged for the inspection of similar
domestic products.
5. The importing Party shall inform the exporting Party of any amendment, including the
reasons for that amendment, to the measures affecting import checks and inspection fees and of any
significant changes in the administrative procedure for those checks.
6. For the products referred to in Article 6.9(5), the Parties may agree to reciprocally reduce the
frequency of physical import checks.
7. The Sub-Committee may recommend to the Trade Council the conditions for approval of each
Party's import checks, with a view to adapting their frequency or replacing them, to be applicable as
of a certain date. Those conditions shall be included in Annex 6-G by a decision of the Trade
Council. As from that date, the Parties may approve each other's import checks for certain products
with a view to reducing their frequency or replacing them.
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ARTICLE 6.13
Information exchange
1. The Parties shall exchange information relevant to the implementation of this Chapter on a
systematic basis, with a view to developing standards, providing assurance, engendering mutual
confidence and demonstrating the effectiveness of the programmes controlled. If appropriate, the
exchange of information may include exchange of officials.
2. The Parties shall also exchange information on other relevant topics, including:
(a) significant events concerning products covered by this Chapter, including information
exchange provided for in Articles 6.8 and 6.9;
(b) the results of the verification procedures provided for in Article 6.11;
(c) the results of the import checks provided for in Article 6.12 in the case of rejected or non-
compliant consignments of animals and animal products;
(d) scientific opinions relevant to this Chapter and produced under the responsibility of a Party;
and
(e) rapid alerts relevant to trade within the scope of this Chapter.
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3. A Party shall submit scientific papers or data to the relevant scientific forum to substantiate
any views or claims made in respect of a matter arising under this Chapter for evaluation in a timely
manner. The results of that evaluation shall be made available to the Parties.
4. When the information referred to in this Article has been made available by a Party by
notification to the WTO in accordance with Article 7 and Annex B of the SPS Agreement, or on its
official, publicly accessible and fee-free website, the information provided for in this Article shall
be considered as exchanged.
5. For pests of known and immediate danger to a Party, direct communication to that Party shall
be sent by mail or e-mail. The Parties shall follow the guidance provided by the FAO International
Standard for Phytosanitary Measures 17 "Pest reporting".
6. The Parties shall exchange the information referred to in this Article via e-mail, fax or mail.
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ARTICLE 6.14
Notification and consultations
1. A Party shall, within two working days of any serious or significant human, animal or plant
health risk, including food control emergencies or situations where there is a clearly identified risk
of serious health effects associated with the consumption of animal or plant products, notify the
other Party of that risk and in particular of the following:
(a) measures affecting regionalisation decisions as referred to in Articles 6.7;
(b) the presence or evolution of an animal disease or pest listed in Annex 6-B;
(c) findings of epidemiological importance or important associated risks with respect to animal
diseases and pests which are not listed in Annex 6-B, or which are new animal diseases or
pests; and
(d) additional measures beyond the basic requirements of their respective measures taken to
control or eradicate animal diseases or pests or protect public health, and any changes in
prophylactic policies, including vaccination policies.
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2. Where a Party has serious concerns regarding a risk to human, animal or plant health, that
Party may request consultations with the other Party regarding the situation. Those consultations
shall take place as soon as possible and, in any case, within 13 working days of the request. In those
consultations, each Party shall endeavour to provide all the information necessary to avoid a
disruption in trade, and to reach a mutually acceptable solution consistent with the protection of
human, animal or plant health.
3. A Party may request that the consultations referred to in paragraph 2 of this Article shall be
held by video or audio conference. The requesting Party shall prepare the minutes of the
consultations, which shall be subject approval by the Parties. For the purposes of that approval,
Article 6.13(6) applies.
ARTICLE 6.15
Safeguard clause
1. If the exporting Party takes domestic measures to control a cause likely to constitute a serious
risk to human, animal or plant health, that Party shall, without prejudice to paragraph 2, take
equivalent measures to prevent the introduction of the risk into the territory of the importing Party.
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2. The importing Party may, on the grounds of serious risk to human, animal or plant health,
take provisional measures necessary for the protection of human, animal or plant health. For
consignments that are in transport between the Parties when such provisional measures apply, the
importing Party shall consider the most suitable and proportional solution to avoid unnecessary
disruptions to trade.
3. The Party taking measures as referred to in this Article shall notify the other Party thereof
within one working day of the decision to implement those measures. Upon request of a Party and
in accordance with Article 6.14(2), the Parties shall hold consultations regarding the situation
within 13 working days of the notification. The Parties shall take due account of any information
provided during those consultations and shall endeavour to avoid unnecessary disruption to trade,
considering, if applicable, the outcome of consultations under Article 6.14(2).
ARTICLE 6.16
Sub-Committee on Sanitary and Phytosanitary Measures
1. The Sub-Committee on Sanitary and Phytosanitary Measures ("Sub-Committee"), established
pursuant to Article 33.4(1), shall be composed of representatives of the Parties with responsibility
for SPS matters.
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2. The Sub-Committee shall:
(a) monitor the implementation and consider matters relating to this Chapter, and examine all
matters which may arise in relation to its implementation; and
(b) make recommendations to the Trade Council for amendments to Annexes pursuant to
subparagraph (a) of Article 33.1(6), in particular in the light of progress made under the
consultations and procedures provided for under this Chapter.
3. The Sub-Committee shall agree on the actions to take in pursuing the objectives of this
Chapter. The Sub-Committee shall establish objectives and milestones for those actions. The Sub-
Committee shall evaluate the results of those actions.
4. The Sub-Committee may recommend that the Trade Council or Trade Committee, pursuant to
Article 33.4(2), establish technical working groups, when appropriate, consisting of expert-level
representatives of each Party, which shall identify and address technical and scientific issues arising
from the application of this Chapter.
5. The Sub-Committee may recommend that the Trade Council or Trade Committee adopt a
decision on specific rules of procedures for this Sub-Committee in view of the specificity of
SPS matters.
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ARTICLE 6.17
Cooperation in multilateral fora
1. The Parties shall promote cooperation in multilateral fora relevant for SPS matters, in
particular in international standard-setting bodies recognised in the framework of the
SPS Agreement.
2. The Sub-Committee established in Article 6.16 shall be the relevant forum for exchange of
information and cooperation on matters referred to in paragraph 1 of this Article.
ARTICLE 6.18
Cooperation on food safety, animal health and plant protection science
1. The Parties shall endeavour to facilitate scientific cooperation between bodies of the Parties
responsible for scientific evaluation in the areas of food safety, animal health and plant protection.
2. The Sub-Committee may recommend that the Trade Council or Trade Committee, pursuant to
paragraph 2 of Article 33.4, establish a technical working group on scientific cooperation as
referred to in paragraph 1 of this Article ("the working group"), consisting of expert-level
representatives of the scientific bodies referred to in paragraph 1, appointed by each Party.
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3. The Trade Council or Trade Committee establishing the working group shall define the
mandate, scope and work programme of that working group.
4. The working group may exchange information, including on:
(a) scientific and technical information; and
(b) data collection.
5. The work carried out by the working group shall not affect the independence of the national
or regional agencies of each Party.
6. Each Party shall ensure that the representatives appointed pursuant to paragraph 2 are not
affected by conflicts of interests under each Party's law.
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ARTICLE 6.19
Territorial application for the European Union
1. By way of derogation from Article 33.8, for the European Union this Chapter applies to the
territories of Member States as laid down in Annex I to Regulation (EU) 2017/6251, and as regards
plants, plant products and other goods, as laid down in Article 1(3) of Regulation (EU) 2016/20312.
2. The Parties understand that as regards the territory of the European Union, its specificity shall
be taken into account and the European Union shall be recognised as a single entity.
1 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017
on official controls and other official activities performed to ensure the application of food
and feed law, rules on animal health and welfare, plant health and plant protection products,
amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No
1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of
the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC)
No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and
2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the
European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC,
90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision
92/438/EEC (Official Controls Regulation) (OJ EU L 95, 7.4.2017, p.1).
2 Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on
protective measures against pests of plants, amending Regulations (EU) No 228/2013,
(EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council
and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC,
2000/29/EC, 2006/91/EC and 2007/33/EC (OJ EU L 317, 23.11.2016, p. 4).
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CHAPTER 7
COOPERATION ON SUSTAINABLE FOOD SYSTEMS
ARTICLE 7.1
Objective
The objective of this Chapter is to establish close cooperation to engage in the transition towards
sustainability of their respective food systems. The Parties recognise the importance of
strengthening policies and defining programmes that contribute to the development of sustainable,
inclusive, healthy and resilient food systems and of the role of trade in pursuing this objective.
ARTICLE 7.2
Scope
1. This Chapter applies to cooperation between the Parties to improve the sustainability of their
respective food systems.
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2. This Chapter sets out provisions for cooperation on specific aspects of sustainable food
systems, including:
(a) the sustainability of the food chain and reduction of food loss and waste;
(b) the fight against food fraud in the food chain;
(c) animal welfare;
(d) the fight against antimicrobial resistance; and
(e) the reduction of the use of fertilizers and chemical pesticides for which a risk assessment has
shown that they cause unacceptable risks for health or the environment.
3. This Chapter also applies to the cooperation of the Parties in multilateral fora.
4. This Chapter applies without prejudice to the application of other Chapters related to food
systems or to sustainability, in particular Chapters 6, 9 and 26.
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ARTICLE 7.3
Definitions
1. For the purposes of this Chapter:
(a) "food chain" means all the steps from primary production to sale to the final consumer,
including production, processing, manufacturing, transport, import, storage, distribution and
sale to the final consumer;
(b) "primary production" means the production, rearing or growing of primary products,
including harvesting, milking and farm animal production prior to slaughter, as well as
hunting and fishing and the harvesting of wild products; and
(c) "sustainable food system" means a food system that provides safe, nutritious and sufficient
food for all without compromising the economic, social and environmental bases required to
generate food security and nutrition for future generations; such a sustainable food system:
(i) is profitable (economic sustainability);
(ii) has broad-based benefits for society (social sustainability); and
(iii) has a positive or neutral impact on the natural environment, including on climate change
(environmental sustainability).
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ARTICLE 7.4
Sustainability of food chain and reduction in food loss and waste
1. The Parties recognise the interlinkage between current food systems and climate change. The
Parties shall cooperate to reduce the adverse environmental and climate effects of food systems as
well as to strengthen their resilience.
2. The Parties recognise that food loss and waste have a negative impact on the social,
economic, and environmental dimensions of food systems.
3. The Parties shall cooperate in the areas which may include:
(a) sustainable food production, including agriculture, the improvement of animal welfare, the
promotion of organic farming and the reduction of the use of antimicrobials, fertilizers and
chemical pesticides for which a risk assessment shows that they pose an unacceptable risk for
health or the environment;
(b) sustainability of the food chain, including food production, processing methods and practices;
(c) healthy and sustainable diets, reducing the carbon footprint of consumption;
(d) decrease of the greenhouse gas emissions of food systems, increase of carbon sinks, and the
reversal of biodiversity loss;
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(e) innovation and technologies that contribute to adaptation and resilience to the impacts of
climate change;
(f) development of contingency plans to ensure security of food supply in times of crisis; and
(g) reduction of food loss and waste in line with the Sustainable Development Goal target 12.3,
defined in 2030 Agenda.
4. Cooperation pursuant to this Article may include exchange of information, expertise and
experiences, as well as cooperation in research and innovation.
ARTICLE 7.5
Fight against fraud in the food chain
1. The Parties recognise that fraud may affect the safety of the food chain, jeopardise the
sustainability of food systems and undermine fair commercial practice, consumer confidence and
the resilience of food markets.
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2. The Parties shall cooperate to detect and avoid fraud in the food chain by:
(a) exchanging information and experiences to improve the detection and countering of fraud in
the food chain; and
(b) providing assistance necessary to gather evidence of practices that are or appear to be non-
compliant with their rules or that pose a risk to the human, animal or plant health or to the
environment or that mislead customers.
ARTICLE 7.6
Animal welfare
1. The Parties recognise that animals are sentient beings and that the use of animals in food
production systems comes with a responsibility for their wellbeing. The Parties shall respect trade
conditions for farmed animals and animal products that are aimed to protect animal welfare.
2. The Parties aim at reaching a common understanding on the international animal welfare
standards of the World Organisation for Animal Health ("WOAH").
3. The Parties shall cooperate on the development and implementation of animal welfare
standards on the farm, during transport, and at slaughter and killing of animals, in accordance with
their law.
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4. The Parties shall strengthen their research collaboration in the area of animal welfare to
further develop science-based animal welfare standards.
5. The Sub-Committee referred to in Article 7.8 may address other matters in the area of animal
welfare.
6. The Parties shall exchange information, expertise and experiences in the area of animal
welfare.
7. The Parties shall cooperate in WOAH and may cooperate in other international fora, with the
aim of promoting the further development of animal welfare standards and best practices and their
implementation.
8. Pursuant to Article 33.4(2), the Trade Council or Trade Committee may establish a technical
working group to support the Sub-Committee referred to in Article 7.8 in the implementation of this
Article.
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ARTICLE 7.7
Fight against antimicrobial resistance
1. The Parties recognise that antimicrobial resistance is a serious threat to human and animal
health and that the use, especially the misuse and overuse of antimicrobials in animals, contributes
to the overall development of antimicrobial resistance and represents a major risk to public health.
The Parties recognise that the nature of the threat requires a transnational approach.
2. Each Party shall phase out the use of antimicrobial medicinal products as growth promoters.
3. Each Party shall, in accordance with the One Health approach:
(a) have regard to existing and future guidelines, standards, recommendations and actions
developed in relevant international organisations in the development of initiatives and
national plans aiming to promote the prudent and responsible use of antimicrobials in animal
production and in veterinary practice;
(b) promote, on instances that the Parties jointly decide, responsible and prudent use of
antimicrobials, including reducing the use of antimicrobials in animal production and phasing
out the use of antimicrobials as growth promoters in animal production; and
(c) support the development and implementation of international action plans on the fight against
antimicrobial resistance, if the Parties consider that appropriate.
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4. Pursuant to Article 33.4(2), the Trade Council or Trade Committee may establish a technical
working group to support the Sub-Committee referred to in Article 7.8 in the implementation of this
Article.
ARTICLE 7.8
Sub-Committee on Sustainable Food Systems
1. The Sub-Committee on Sustainable Food Systems ("Sub-Committee"), established pursuant
to Article 33.4(1), shall be composed of representatives of the Parties with responsibility for
sustainable food systems.
2. The Sub-Committee shall monitor the implementation of this Chapter and examine all
matters, which may arise in relation to its implementation.
3. The Sub-Committee shall agree on the actions to take in pursuing the objectives of this
Chapter. The Sub-Committee shall establish objectives and milestones for those actions and
monitor the progress of the Parties in establishing sustainable food systems. The Sub-Committee
shall evaluate every period the results of the implementation of those actions.
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4. The Sub-Committee may recommend to the Trade Council or Trade Committee, pursuant to
Article 33.4(2), the establishment of technical working groups consisting of expert-level
representatives of each Party to identify and address technical and scientific issues arising from the
application of this Chapter.
5. The Sub-Committee shall recommend to the Trade Committee to establish rules to mitigate
potential conflicts of interest for the participants of the meetings of the Sub-Committee and those of
any technical working group referred to in this Chapter. The Trade Committee shall adopt a
decision establishing those rules.
ARTICLE 7.9
Cooperation in multilateral fora
1. The Parties shall cooperate, as appropriate, in multilateral fora to foster the global transition
towards sustainable food systems that contribute to the achievement of internationally agreed
objectives on the environment, nature and climate protection.
2. The Sub-Committee shall be the forum to exchange information and cooperate in the matters
covered by paragraph 1 of this Article.
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ARTICLE 7.10
Additional provisions
1. The activities of the Sub-Committee referred to in Article 7.8 shall not affect the
independence of the national or regional agencies of the Parties.
2. Nothing in this Chapter shall affect the rights or obligations of each Party to protect
confidential information, in accordance with the law of each Party. When a Party submits
information considered confidential under its law to the other Party pursuant to this Chapter, that
other Party shall treat that information as confidential, unless the submitting Party agrees otherwise.
3. Fully respecting each Party's right to regulate nothing in this Chapter shall be construed to
oblige a Party to:
(a) modify its import requirements;
(b) deviate from domestic procedures on the preparation and adoption of regulatory measures;
(c) take action that would undermine or impede the timely adoption of regulatory measures to
achieve public policy objectives; or
(d) adopt any particular regulatory outcome.
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CHAPTER 8
ENERGY AND RAW MATERIALS
ARTICLE 8.1
Objective
The objective of this Chapter is to promote dialogue and cooperation in the energy and raw
materials sectors to the mutual benefit of the Parties, to foster sustainable and fair trade and
investment ensuring a level playing field in those sectors, and to strengthen the competitiveness of
related value chains, including value addition, in accordance with this Agreement.
ARTICLE 8.2
Principles
1. Each Party retains the sovereign right to determine whether areas within its territory, as well
as in the exclusive economic zone, are available for exploration, production and transportation of
energy goods and raw materials.
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2. In accordance with this Chapter, the Parties reaffirm their right to regulate within their
respective territories in order to achieve legitimate policy objectives in the areas of energy and raw
materials.
ARTICLE 8.3
Definitions
For the purposes of this Chapter and Annexes 8-A and 8-B:
(a) "authorisation" means the permission, licence, concession or similar administrative or
contractual instrument by which the competent authority of a Party entitles an entity to
exercise a certain economic activity in its territory in compliance with the requirements set
out in the authorisation;
(b) " balancing" means all actions and processes, in all timelines, through which system operators
ensure, in a continuous way, maintenance of the system frequency within a predefined
stability range and compliance with the amount of reserves needed with respect to the
required quality;
(c) "energy goods" means the goods from which energy is generated and that are listed by the
corresponding HS code in Annex 8-A;
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(d) " hydrocarbons" means the goods listed by the corresponding HS code in Annex 8-A;
(e) "raw materials" means substances used in the manufacturing of industrial products; including
ores, concentrates, slags, ashes and chemicals; unwrought, processed and refined materials;
metal waste; scrap and remelting scrap; covered by the HS chapters included in Annex 8-A ;
(f) "renewable energy" means energy produced from solar, wind, hydro, geothermal, biological
or ocean sources or other renewable ambient sources;
(g) "renewable fuels" means biofuels, bioliquids, biomass fuels and renewable fuels of non-
biological origin, including renewable synthetic fuels and renewable hydrogen;
(h) "standards" means standards as defined in Chapter 9;
(i) "system operator" means:
(i) for the European Union: a person that is responsible for operating, ensuring the
maintenance and development of the electricity distribution or transmission system in a
given area and for ensuring the long-term ability of such systems; and
(ii) for Chile: an independent body responsible for coordinating the operation of
interconnected electrical systems, that ensures the efficient economic performance and
safety and reliability of the electric system, and provides open access to the transmission
system; and
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(j) "technical regulations" means technical regulations as defined in Chapter 9.
ARTICLE 8.4
Import and export monopolies
A Party shall not designate or maintain a designated import or export monopoly. For the purposes
of this Article, the term "import or export monopoly" means the exclusive right or grant of authority
by a Party to an entity to import energy goods or raw materials from, or export energy goods or raw
materials to, the other Party1.
ARTICLE 8.5
Export pricing2
1. A Party shall not impose a higher price for exports of energy goods or raw materials to the
other Party than the price charged for such goods when destined for the domestic market, by means
of any measure, such as licences or minimum price requirements.
1 For greater certainty, this Article is without prejudice to Chapters 10, 11 and 22 and their
respective schedules, and does not include a right that results from granting an intellectual
property right.
2 For greater certainty, this Article is without prejudice to Annex 22.
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2. Notwithstanding paragraph 1 of this Article, Chile may introduce or maintain measures with
the objective to foster value addition, by supplying raw materials to industrial sectors at preferential
prices so that they can emerge within Chile, provided that such measures satisfy the conditions set
out in Annex 8-B.
ARTICLE 8.6
Domestic regulated prices
1. The Parties recognise the importance of competitive energy markets to deliver a wide choice
in the supply of energy goods and to enhance consumer welfare. The Parties also recognise that
regulatory needs and approaches may differ between markets.
2. Further to paragraph 1, each Party shall, in accordance with its laws and regulations, ensure
that the supply of energy goods is based on market principles.
3. A Party may only regulate the price charged for the supply of energy goods by imposing a
public service obligation.
4. If a Party imposes a public service obligation, it shall ensure that such obligation is clearly
defined, transparent and non-discriminatory, and does not go beyond what is necessary to achieve
the objectives of the public service obligation.
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ARTICLE 8.7
Authorisation for exploration and production of energy goods and raw materials
1. Without prejudice to Chapter 13, if a Party requires an authorisation to explore or produce
energy goods and raw materials, that Party shall ensure that such authorisation is granted following
a public and non-discriminatory procedure1.
2. That Party shall publish, inter alia, the type of authorisation, the relevant area or part thereof,
and the proposed date or time limit for granting the authorisation, in such a manner as to enable
potentially interested applicants to submit applications.
3. A Party may derogate from paragraph 2 of this Article and Article 13.3 in any of the
following cases relating to hydrocarbons:
(a) the area has been subject to a previous procedure which has not resulted in an authorisation
being granted;
(b) the area is available on a permanent basis for the exploration or production of energy goods
and raw materials; or
1 For greater certainty, in the event of any inconsistency between this Article and Chapters 10
and 11 and Annexes 10-A, 10-B and 10-C, those Chapters and Annexes shall prevail to the
extent of the inconsistency.
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(c) an authorisation granted has been relinquished before its expiration date.
4. Each Party may require an entity which has been granted an authorisation to pay a financial
contribution or a contribution in kind. The financial contribution or contribution in kind shall be
fixed in such a manner that does not interfere with the management and the decision-making
process of such entity.
5. Each Party shall ensure that the applicant is provided with the reasons for the rejection of its
application so as to enable that applicant to have recourse to procedures for appeal or review where
necessary. The procedures for appeal or review shall be made public in advance.
ARTICLE 8.8
Assessment of environmental impact
1. A Party shall ensure that an assessment of environmental impact1 is carried out prior to
granting authorisation for a project or activity relating to energy or raw materials that may have a
significant impact on population, human health, biodiversity, land, soil, water, air or climate, or
cultural heritage or landscape. This assessment shall identify and assess such significant impacts.
1 For Chile, "assessment of environmental impact" means the study of the environmental
impact, as defined in Law 19.300 Title 1, Article 2, literal (i), or its successor, and as
regulated by Article 11 of the same Law.
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2. Each Party shall ensure that relevant information is available to the public as part of the
process for the assessment of environmental impact, and give time and opportunities to the public to
participate in that process and to provide comments.
3. Each Party shall publish and take into account the findings of the assessment of
environmental impact prior to granting the authorisation for the project or activity.
ARTICLE 8.9
Third-party access to energy transport infrastructure
1. Each Party shall ensure that system operators in its territory grant non-discriminatory access
to the energy infrastructure for the transport of electricity to any entity of a Party. To the furthest
extent possible, access to the electricity infrastructure shall be granted within a reasonable period of
time of the date of the request for access by that entity.
2. Each Party shall enable, in accordance with its laws and regulations, an entity of a Party to
access, and use, electricity transport infrastructure for the transport of electricity on reasonable and
non-discriminatory terms and conditions, including non-discrimination between types of electricity
sources, and at cost-reflective tariffs. Each Party shall publish the terms and conditions for the
access to and use of electricity transport infrastructure.
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3. Notwithstanding paragraph 1, a Party may introduce or maintain in its laws and regulations
specific derogations from the right to third-party access based on objective criteria provided that
they are necessary to fulfil a legitimate policy objective. Such derogations shall be published before
they start to apply.
4. The Parties recognise the relevance of the rules set out in paragraphs 1, 2 and 3 also for gas
infrastructure. A Party that does not apply such rules with regard to gas infrastructure shall
endeavour to do so, in particular, with regard to transport of renewable fuels, while acknowledging
differences in market maturity and organisation.
ARTICLE 8.10
Access to infrastructure for suppliers of electricity generated from renewable energy sources
1. Without prejudice to Articles 8.7, 8.9 and 8.11, each Party shall ensure that renewable energy
suppliers of the other Party are accorded access to, and use of, the electricity network for renewable
electricity generation facilities located within its territory on reasonable and non-discriminatory
terms and conditions.
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2. For the purposes of paragraph 1, each Party shall ensure, in accordance with its laws and
regulations, that its transmission undertakings and system operators, with respect to renewable
electricity suppliers of the other Party:
(a) enable a connection between new renewable electricity generation facilities and the electricity
network without imposing discriminatory terms and conditions;
(b) enable the reliable use of the electricity network;
(c) provide balancing services; and
(d) ensure that appropriate grid and market-related operational measures are in place in order to
minimise the curtailment of electricity produced from renewable energy sources.
3. Paragraph 2 is without prejudice to each Party's legitimate right to regulate within its territory
in order to achieve legitimate policy objectives, such as the need to maintain the secure operation
and stability of the electricity system, based on objective and non-discriminatory criteria.
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ARTICLE 8.11
Independent body
1. Each Party shall maintain or establish a functionally independent body or bodies that:
(a) fix or approve the terms and conditions and tariffs of access to, and use of, the electricity
network; and
(b) resolve disputes regarding appropriate terms and conditions and tariffs of access to, and use
of, the electricity network, within a reasonable period of time.
2. In performing their duties and exercising their powers set out in paragraph 1, the body or
bodies shall act transparently and impartially with regard to users, owners and system operators of
the electricity network.
ARTICLE 8.12
Cooperation on standards
1. With a view to preventing, identifying and eliminating unnecessary technical barriers to trade
in energy goods and raw materials, Chapter 9 shall apply to those goods and materials.
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2. In accordance with Articles 9.4 and 9.6, the Parties shall, as appropriate, promote cooperation
between their relevant regulatory and standardising bodies in areas such as energy efficiency,
sustainable energy and raw materials, with a view to contributing to trade, investment, and
sustainable development, inter alia, through:
(a) the convergence or harmonisation, if possible, of their respective current standards, based on
mutual interest and reciprocity, and according to modalities to be agreed by the regulators and
the standardising bodies concerned;
(b) joint analyses, methodologies and approaches, if possible, to assist and facilitate the
development of relevant tests and measurement standards, in cooperation with their relevant
standardising bodies;
(c) the development of common standards, if possible, on energy efficiency and renewable
energy; and
(d) the promotion of standards on raw materials, renewable energy generation and energy
efficiency equipment, including product design and labelling, if appropriate, through existing
international cooperation initiatives.
3. For the purposes of implementing this Chapter, the Parties aim to encourage the development
and use of open standards and interoperability of networks, systems, devices, applications or
components in the energy and raw materials sectors.
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ARTICLE 8.13
Research, development and innovation
The Parties recognise that research, development and innovation are key elements to further
develop efficiency, sustainability and competitiveness in the energy and raw materials sectors. The
Parties shall cooperate, as appropriate, inter alia, in:
(a) promoting the research, development, innovation and dissemination of environmentally sound
and cost-effective technologies, processes and practices in the areas of energy and raw
materials;
(b) promoting value addition to the mutual benefit of the Parties and enhancement of productive
capacity in energy and raw materials; and
(c) strengthening capacity building in the context of research, development and innovation
initiatives.
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ARTICLE 8.14
Cooperation on energy and raw materials
1. The Parties shall cooperate, as appropriate, in the areas of energy and raw materials with a
view to, inter alia:
(a) reducing or eliminating measures that in themselves or together with other measures could
distort trade and investment, including of a technical, regulatory and economic nature
affecting energy or raw materials sectors;
(b) discussing, whenever possible, their positions in international fora where relevant trade and
investment issues are discussed, and fostering international programmes in the areas of energy
efficiency, renewable energy and raw materials; and
(c) promoting responsible business conduct in accordance with international standards that have
been endorsed or are supported by the Parties, such as the OECD Guidelines for Multinational
Enterprises and, in particular, Chapter IX thereof on Science and Technology.
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Thematic cooperation on energy
2. The Parties recognise the need to accelerate the deployment of renewable and low carbon
energy sources, increase energy efficiency and promote innovation, to ensure access to safe,
sustainable and affordable energy. The Parties shall cooperate on any relevant issue of mutual
interest, such as:
(a) renewable energy particularly with regards to technologies, integration into, and access to, the
electricity system, storage and flexibility, and the whole renewable hydrogen supply chain;
(b) energy efficiency, including regulation, best practices, and efficient and sustainable heating
and cooling systems;
(c) electromobility and charging infrastructure deployment; and
(d) open and competitive energy markets.
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Thematic cooperation on raw materials
3. The Parties recognise their shared commitment to responsible sourcing and sustainable
production of raw materials and their mutual interest to facilitate the integration of raw materials
value chains. The Parties shall cooperate on any relevant issue of mutual interest, such as:
(a) responsible mining practices and sustainability of raw materials value chains, including the
contribution of raw materials value chains to the fulfilment of the UN Sustainable
Development Goals;
(b) raw materials value chains, including value addition; and
(c) identification of areas of mutual interest for cooperation on research, development and
innovation activities covering the entire raw materials value chain, including cutting-edge
technologies, smart mining and digital mines.
4. When developing cooperation activities, the Parties shall take into account available
resources. Activities can be carried out in person or by any technological means available to the
Parties.
5. Cooperation activities can be developed and implemented with the participation of
international organisations, global fora and research institutions, as agreed between the Parties.
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ARTICLE 8.15
Energy transition and renewable fuels
1. For the purpose of implementing this Chapter, the Parties recognise the important contribution
of renewable fuels, inter alia, renewable hydrogen, including their derivatives, and renewable
synthetic fuels, in reducing greenhouse gas emissions to address climate change.
2. In accordance with Article 8.12(2), the Parties shall, as appropriate, cooperate on convergence
or harmonization, if possible, of certification schemes for renewable fuels, such as with regard to
lifecycle emissions and safety standards.
3. Regarding renewable fuels, the Parties shall also cooperate with a view to:
(a) identifying, reducing and eliminating, as appropriate, measures that may distort bilateral trade,
including measures of a technical, regulatory and economic nature;
(b) fostering initiatives that facilitate bilateral trade, to promote the production of renewable
hydrogen; and
(c) promoting the use of renewable fuels considering their contribution to the reduction of
greenhouse gas emissions.
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4. The Parties shall, as appropriate, encourage the development and implementation of
international standards and regulatory cooperation with respect to renewable fuels and cooperate in
relevant international fora with a view to developing relevant certification schemes that avoid the
emergence of unjustified barriers to trade.
ARTICLE 8.16
Exception for small and isolated electricity systems
1. For the purpose of implementing this Chapter, the Parties recognise that their laws and
regulations may provide for special regimes for small and isolated electricity systems.
2. Pursuant to paragraph 1, a Party may maintain, adopt or enforce measures with regard to
small and isolated electricity systems that derogate from Articles 8.6, 8.7, 8.9, 8.10 and 8.11,
provided that such measures do not constitute disguised restrictions to trade or investment between
the Parties.
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ARTICLE 8.17
Sub-Committee on Trade in Goods
1. The Sub-Committee on Trade in Goods ("Sub-Committee"), established pursuant to
Article 33.4(1), shall be responsible for the implementation of this Chapter and Annexes 8-A
and 8-B. The functions set out in subparagraphs (a), (c), (d) and (e) of Article 2.18 apply to this
Chapter, mutatis mutandis.
2. Consistently with Articles 8.12, 8.13, Article 8.14 and Article 8.15 the Sub-Committee may
recommend to the Parties to establish or facilitate other means of cooperation between them in the
areas of energy and raw materials.
3. If mutually agreed by the Parties, the Sub-Committee shall meet in sessions dedicated to the
implementation of this Chapter. When preparing such sessions, each Party may consider, as
appropriate, inputs from relevant stakeholders or experts.
4. Each Party shall designate a contact point to facilitate the implementation of this Chapter,
including by ensuring the appropriate involvement of representatives of a Party, notify the other
Party of its contact details and promptly notify the other Party of any changes to those contact
details. For Chile, the contact point shall be from the Under-Secretariat of International Economic
Relations of the Ministry of Foreign Affairs or its successor.
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CHAPTER 9
TECHNICAL BARRIERS TO TRADE
ARTICLE 9.1
Objective
The objective of this Chapter is to enhance and facilitate trade in goods between the Parties by
preventing, identifying and eliminating unnecessary technical barriers to trade and by promoting
greater regulatory cooperation.
ARTICLE 9.2
Scope
1. This Chapter applies to the preparation, adoption and application of all standards, technical
regulations and conformity assessment procedures as defined in Annex 1 of the TBT Agreement
which may affect trade in goods between the Parties.
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2. Notwithstanding paragraph 1, this Chapter does not apply to:
(a) purchasing specifications prepared by governmental bodies for production or consumption
requirements of such bodies which are covered by Chapter 21; or
(b) sanitary and phytosanitary measures which are covered by Chapter 6.
ARTICLE 9.3
Incorporation of certain provisions of the TBT Agreement
Articles 2 to 9 and Annexes 1 and 3 of the TBT Agreement are incorporated into and made part of
this Agreement, mutatis mutandis.
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ARTICLE 9.4
International standards
1. International standards developed by the organisations listed in Annex 9-A shall be
considered to be the relevant international standards within the meaning of Articles 2 and 5 and
Annex 3 of the TBT Agreement provided that in their development these organisations have
complied with the principles and procedures set out in the Decision of the WTO Committee on
Technical Barriers to Trade on Principles for the Development of International Standards, Guides
and Recommendations with Relation to Articles 2, 5 and Annex 3 of the TBT Agreement.1
2. Upon request of a Party the Trade Council may adopt a decision to amend Annex 9-A,
pursuant to subparagraph (a) of Article 33.1 (6).
ARTICLE 9.5
Technical regulations
1. The Parties recognise the importance of carrying out, in accordance with each Party's
respective rules and procedures, a regulatory impact assessment of planned technical regulations.
1 G/TBT/9, 13 November 2000, Annex 4.
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2. Each Party shall assess the available regulatory and non-regulatory alternatives to the
proposed technical regulation that may fulfil the Party's legitimate objectives, in accordance with
Article 2.2 of the TBT Agreement.
3. Each Party shall use relevant international standards as a basis for its technical regulations
except when the Party developing the technical regulation can demonstrate that such international
standards would be an ineffective or inappropriate means for the fulfilment of the legitimate
objectives pursued.
4. If a Party does not use international standards as a basis for a technical regulation, it shall,
upon request of the other Party, identify any substantial deviation from the relevant international
standard and explain the reasons why such standards have been judged inappropriate or ineffective
for the aim pursued, and provide the scientific or technical evidence on which this assessment is
based.
5. Further to the obligation of each Party pursuant to Article 2.3 of the TBT Agreement, each
Party shall review, in accordance with its respective rules and procedures, its technical regulations
with a view to increasing the convergence of those technical regulations with relevant international
standards. A Party shall, inter alia, take into account any new development in the relevant
international standards and whether the circumstances that have given rise to divergences from any
relevant international standard continue to exist.
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ARTICLE 9.6
Regulatory cooperation
1. The Parties recognise that a broad range of regulatory cooperation mechanisms exist that can
help to eliminate or avoid the creation of technical barriers to trade.
2. A Party may propose to the other Party sector specific regulatory cooperation activities in
areas covered by this Chapter. Those proposals shall be transmitted to the contact point referred to
in Article 9.13, and shall consist of:
(a) information exchanges on regulatory approaches and practices; or
(b) initiatives to further align technical regulations and conformity assessment procedures with
relevant international standards.
The other Party shall reply to the proposal in a reasonable time.
3. The contact points referred to in Article 9.13 shall inform the Trade Committee about the
cooperation activities carried out pursuant to this Article.
4. The Parties shall endeavour to exchange and collaborate on mechanisms to facilitate the
acceptance of conformity assessment results, in order to eliminate unnecessary technical barriers to
trade.
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5. The Parties shall encourage cooperation between their respective organisations responsible for
technical regulation, standardisation, conformity assessment, accreditation and metrology, whether
they are governmental or non-governmental, with a view to addressing diverse issues covered by
this Chapter.
6. Nothing in this Article shall be construed as requiring a Party to:
(a) deviate from its procedures for preparing and adopting regulatory measures;
(b) take actions that would undermine or impede the timely adoption of regulatory measures to
achieve its public policy objectives; or
(c) achieve a particular regulatory outcome.
7. For the purposes of this Article and the provisions on cooperation under Annexes 9-A to 9-E
to this Chapter, the European Commission shall act on behalf of the European Union.
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ARTICLE 9.7
Cooperation on market surveillance, compliance and safety of non-food products
1. The Parties recognise the importance of cooperation on market surveillance, compliance and
the safety of non-food products for the facilitation of trade and for the protection of consumers and
other users, and the importance of building mutual trust based on shared information.
2. For the purposes of this Article:
(a) "consumer products" means goods intended for or likely to be used by consumers, with the
exclusion of food, medical devices and medicinal products; and
(b) "market surveillance" means activities conducted and measures taken by public authorities
including activities conducted and measures taken in cooperation with economic operators, on
the basis of procedures of a Party to enable that Party to monitor or address compliance of
products with the requirements set out in its laws and regulations or their safety.
3. To guarantee independent and impartial functioning of market surveillance, each Party shall
ensure:
(a) the separation of market surveillance functions from conformity assessment functions; and
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(b) the absence of any interest that would affect the impartiality of market surveillance authorities
in the performance of control or supervision of economic operators.
4. The Parties may cooperate and exchange information in the area of non-food product safety
and compliance, in particular with respect to the following:
(a) market surveillance and enforcement activities and measures;
(b) risk assessment methods and product testing;
(c) coordinated product recalls or other similar actions;
(d) scientific, technical and regulatory matters, aiming to improve non-food product safety and
compliance;
(e) emerging issues of significant health and safety relevance;
(f) standardisation-related activities; and
(g) exchange of officials.
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5. The European Union may provide Chile with selected information from its Rapid Alert
System with respect to consumer products as referred to in Directive 2001/95/EC1 or its successor,
and Chile may provide the European Union with selected information on the safety of consumer
products and on preventive, restrictive and corrective measures taken with respect to consumer
products. The information exchange may take the form of:
(a) non-systematic exchange, in duly justified specific cases, excluding personal data; and
(b) systematic exchange based on an arrangement established by decision of the Trade Council to
be set out in Annex 9-D.
6. The Trade Council may establish by decision an arrangement on the regular exchange of
information, including by electronic means, on measures taken with respect to non-compliant non-
food products, other than those covered by paragraph 5 of this Article, to be set out in Annex 9-E.
7. Each Party shall use the information obtained pursuant to paragraphs 4, 5 and 6 for the sole
purpose of protection of consumers, health, safety or the environment.
8. Each Party shall treat the information obtained pursuant to paragraphs 4, 5 and 6 as
confidential.
1 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on
general product safety (OJ EU L 11, 15.1.2002, p. 4).
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9. The arrangements referred to in subparagraph (b) of paragraph 5 and in paragraph 6 shall
specify the product scope, type of information to be exchanged, the modalities for the exchange and
the application of confidentiality and personal data protection rules.
10. Pursuant to subparagraph (a) of Article 33.1(6), the Trade Council shall have the power to
adopt decisions in order to determine or amend arrangements set out in Annexes 9-D and 9-E.
ARTICLE 9.8
Standards
1. With a view to harmonising standards on as wide a basis as possible, each Party shall
encourage the standardising bodies established within its territory, as well as the regional
standardising bodies of which a Party or the standardising bodies established within its territory are
members:
(a) to participate, within the limits of their resources, in the preparation of international standards
by relevant international standardising bodies;
(b) to use relevant international standards as a basis for the standards they develop, except if such
international standards would be ineffective or inappropriate, for example because of an
insufficient level of protection, fundamental climatic or geographical factors or fundamental
technological problems;
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(c) to avoid duplication of, or overlap with, the work of international standardising bodies;
(d) to review national and regional standards not based on relevant international standards at
regular intervals, with a view to increasing their convergence with relevant international
standards;
(e) to cooperate with the relevant standardising bodies of the other Party in international
standardisation activities, including in the international standardising bodies or at regional
level; and
(f) to foster bilateral cooperation between themselves and with the standardising bodies of the
other Party.
2. The Parties should exchange information on:
(a) their use of standards in support of technical regulations; and
(b) their standardisation processes and the extent of use of international, regional or subregional
standards as a basis or their national standards.
3. If standards are made mandatory through incorporation or referencing in a draft technical
regulation or conformity assessment procedure, the transparency obligations set out in Article 9.10
of this Agreement and in Articles 2 or 5 of the TBT Agreement shall be fulfilled.
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ARTICLE 9.9
Conformity assessment
1. The provisions set out in Article 9.5 with respect to the preparation, adoption and application
of technical regulations shall also apply, mutatis mutandis, to conformity assessment procedures.
2. If a Party requires conformity assessment as a positive assurance that a product conforms with
a technical regulation, it shall:
(a) select conformity assessment procedures that are proportionate to the risks involved;
(b) consider, subject to its laws and regulations, the use of a supplier's declaration of conformity,
to be one of the possible ways of showing compliance with a technical regulation; and
(c) if requested by the other Party, provide information on the criteria used to select the
conformity assessment procedures for specific products.
3. If a Party requires third party conformity assessment as a positive assurance that a product
conforms with a technical regulation, and it has not reserved this task to a governmental authority as
specified in paragraph 4, it shall:
(a) preferentially use accreditation to qualify conformity assessment bodies;
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(b) preferentially use international standards for accreditation and conformity assessment, as well
as international agreements involving the Parties' accreditation bodies, for example through
the mechanisms of the International Laboratory Accreditation Cooperation ("ILAC") and the
International Accreditation Forum ("IAF");
(c) join or, as applicable, encourage its conformity assessment bodies to join any functioning
international agreements or arrangements for harmonisation or facilitation of acceptance of
conformity assessment results;
(d) ensure that, if more than one conformity assessment body has been designated for a particular
product or set of products, economic operators have a choice amongst them to carry out the
conformity assessment procedure;
(e) ensure that conformity assessment bodies are independent of manufacturers, importers and
economic operators in general and that there are no conflicts of interest between accreditation
bodies and conformity assessment bodies;
(f) allow conformity assessment bodies to use subcontractors to perform testing or inspections in
relation to the conformity assessment, including subcontractors located in the territory of the
other Party; nothing in this subparagraph shall be construed to prohibit a Party from requiring
subcontractors to meet the same requirements that the conformity assessment body to which it
is contracted would be required to meet in order to perform the contracted tests or inspection
itself; and
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(g) publish on official websites a list of the bodies that it has designated to perform such
conformity assessments and the relevant information on the scope of designation of each such
body.
4. Nothing in this Article shall preclude a Party from requesting that conformity assessment in
relation to specific products is performed by its specified governmental authorities. In those cases,
the Party shall:
(a) limit the conformity assessment fees to the approximate cost of the services rendered and,
upon request of an applicant for conformity assessment, explain how any fees it imposes for
such conformity assessment are limited in amount to the approximate cost of the services
rendered; and
(b) make the conformity assessment fees publicly available or provide them upon request.
5. Notwithstanding paragraphs 2, 3 and 4, in the cases in which the European Union accepts
supplier's declaration of conformity in the fields listed in Annex 9-B, Chile shall provide, in
accordance with its laws and regulations, for an efficient and transparent procedure for the
acceptance of certificates and test reports issued by conformity assessment bodies that are located in
the territory of the European Union and that have been accredited by an accreditation body that is a
member of the international arrangements for mutual recognition of the ILAC and the IAF as an
assurance that a product conforms with the requirements of Chile's technical regulations.
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6. For the purposes of this Article "supplier's declaration of conformity" means a first-party
attestation issued by the manufacturer on the sole responsibility of that manufacturer based on the
results of an appropriate type of conformity assessment activity and excluding mandatory third
party assessment, as assurance that a product conforms to a technical regulation that sets out such
conformity assessment procedures.
7. On request of either Party the Sub-Committee referred to in Article 9.14 shall review the list
of fields in paragraph 1 of Annex 9-B. The Sub-Committee may recommend to the Trade Council
to amend Annex 9-B, pursuant to subparagraph (a) of Article 33.1(6).
ARTICLE 9.10
Transparency
1. In accordance with its respective rules and procedures and without prejudice to Chapter 29
when developing major technical regulations which may have a significant effect on trade in goods
each Party shall ensure that transparency procedures exist that allow persons of the Parties to
provide input through a public consultation process, except where urgent problems of safety, health,
environmental protection or national security arise or threaten to arise.
2. Each Party shall allow persons of the other Party to participate in the consultation process
referred to in paragraph 1 on terms no less favourable than those accorded to its own persons and
make the results of that consultation process public.
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3. Each Party shall allow a period of at least 60 days following its notification to the WTO
Central Registry of Notifications of proposed technical regulations and conformity assessment
procedures for the other Party to provide written comments, except where urgent problems of
safety, health, environmental protection or national security arise or threaten to arise. A Party shall
consider any reasonable request from the other Party to extend that comment period.
4. In the event that the notified text is not in one of the official WTO languages, the notifying
Party shall provide a detailed and comprehensive description of the content of the proposed
technical regulations and conformity assessment procedures in the WTO notification format.
5. If a Party receives written comments as referred to in paragraph 3, it shall:
(a) if requested by the other Party, discuss the written comments with the participation of its
competent regulatory authority, at a time when they can be taken into account; and
(b) reply in writing to the comments no later than on the date of publication of the adopted
technical regulation or conformity assessment procedure.
6. Each Party shall endeavour to publish on a website its responses to written comments as
referred to in paragraph 3 that it receives from the other Party no later than on the date of
publication of the adopted technical regulation or conformity assessment procedure.
& /en 198
7. A Party shall, if requested by the other Party, provide information regarding the objectives of,
and the legal basis and rationale for, a technical regulation or conformity assessment procedure that
the Party has adopted or is proposing to adopt.
8. Each Party shall ensure that the technical regulations and conformity assessment procedures it
has adopted are accessible through official websites or online official journals free of charge.
9. Each Party shall provide information on the adoption and the entry into force of the technical
regulation or conformity assessment procedure and the adopted final text through an addendum to
the original notification to the WTO Central Registry of Notifications.
10. Each Party shall allow a reasonable interval between the publication of the technical
regulations and their entry into force, subject to the conditions specified in Article 2.12 of the
TBT Agreement. For the purposes of this Article "reasonable interval" normally means a period of
not less than six months, except when this would be ineffective for the fulfilment of the legitimate
objectives pursued.
11. A Party shall consider any reasonable request from the other Party, received prior to the end
of the comment period referred to in paragraph 3, to extend the period between the publication of
the technical regulation and its entry into force, except when the delay would be ineffective for the
fulfilment of the legitimate objectives pursued.
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ARTICLE 9.11
Marking and labelling
1. The Parties affirm that their technical regulations that include or address exclusively marking
or labelling shall observe the principles of Article 2.2 of the TBT Agreement.
2. Unless it is necessary for the fulfilment of the legitimate objectives referred to in Article 2.2
of the TBT Agreement, a Party that requires mandatory marking or labelling of products shall:
(a) only require information which is relevant for consumers or users of the product or
information that indicates the product's conformity with the mandatory technical
requirements;
(b) not require any prior approval, registration or certification of the markings or labels of
products, nor any fee disbursement, as a precondition for placing on its market products that
otherwise comply with its mandatory technical requirements;
(c) if it requires the use of a unique identification number by economic operators, issue such
number to the economic operators of the other Party without undue delay and on a non-
discriminatory basis;
& /en 200
(d) provided it is not misleading, contradictory or confusing in relation to the information
required in the importing Party of the goods, permit the following:
(i) information in other languages in addition to the language required in the importing
Party of the goods;
(ii) internationally accepted nomenclatures, pictograms, symbols or graphics; and
(iii) additional information to that required in the importing Party of the goods;
(e) accept that labelling, including supplementary labelling or corrections to labelling, take place,
in customs warehouses or other designated areas in the country of import as an alternative to
labelling in the country of origin, unless such labelling is required to be carried out by
approved persons for reasons of public health or safety; and
(f) endeavour to accept non-permanent or detachable labels, or the inclusion of relevant
information in the accompanying documentation, rather than labels physically attached to the
product.
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ARTICLE 9.12
Technical discussions and consultations
1. A Party may request the other Party to provide information on any matter covered by this
Chapter. The other Party shall provide that information within a reasonable period of time.
2. If a Party considers that any draft or proposed technical regulation or conformity assessment
procedure of the other Party might have a significant adverse effect on trade between the Parties, it
may request technical discussions on the matter. The request shall be made in writing and identify:
(a) the measure;
(b) the provisions of this Chapter to which the concerns relate; and
(c) the reasons for the request, including a description of the requesting Party's concerns
regarding the measure.
3. The Party shall deliver a request pursuant to this Article to the contact point of the other Party
designated pursuant to Article 9.13.
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4. Upon request of a Party, the Parties shall meet to discuss the concerns raised in the request
referred to in paragraph 2, in person or via video or teleconference, within 60 days of the date of the
request. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the
matter as expeditiously as possible.
5. If the requesting Party considers the matter to be urgent, it may request from the other Party
that a meeting take place within a shorter timeframe. The other Party shall consider that request.
6. For greater certainty, this Article is without prejudice to either Party's rights and obligations
under Chapter 31.
ARTICLE 9.13
Contact points
1. Each Party shall designate a contact point to facilitate cooperation and coordination under this
Chapter, and notify the other Party of its contact details. A Party shall promptly notify the other
Party of any changes to those contact details.
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2. The contact points shall work jointly to facilitate the implementation of this Chapter and
cooperation between the Parties on all matters concerning technical barriers to trade. The contact
points shall:
(a) organise technical discussions and consultations referred to in Article 9.12;
(b) promptly address any issue that a Party raises related to the development, adoption,
application or enforcement of standards, technical regulations or conformity assessment
procedures;
(c) on request of a Party, arrange discussions on any matter arising under this Chapter; and
(d) exchange information on developments in non-governmental, regional and multilateral fora
related to standards, technical regulations and conformity assessment procedures.
3. The contact points shall communicate with one another by any agreed method that is
appropriate to carry out their functions.
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ARTICLE 9.14
Sub-Committee on Technical Barriers to Trade
The Sub-Committee on Technical Barriers to Trade ("Sub-Committee") established pursuant to
Article 33.4(1) shall:
(a) monitor the implementation and administration of this Chapter;
(b) enhance cooperation as regards the development and improvement of standards, technical
regulations and conformity assessment procedures;
(c) establish priority areas of mutual interest for future work under this Chapter and consider
proposals for new initiatives;
(d) monitor and discuss developments under the TBT Agreement; and
(e) take any other steps that the Parties consider will assist them in implementing this Chapter
and the TBT Agreement.
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EUROPEAN
COMMISSION
Brussels, 5.7.2023
COM(2023) 434 final
ANNEX 1 – PART 2/3
ANNEX
to the
Proposal for a Council Decision
on the signing, on behalf of the European Union, of the Interim Agreement on Trade
between the European Union and the Republic of Chile
EN EN
CHAPTER 10
INVESTMENT LIBERALISATION
ARTICLE 10.1
Scope
1. This Chapter applies to measures adopted or maintained by a Party affecting the establishment
of an enterprise or the operation of a covered enterprise in all economic activities by an investor of
the other Party in its territory.
2. This Chapter does not apply to:
(a) audio-visual services;
(b) national maritime cabotage1; or
1 Without prejudice to the scope of activities which may be considered as cabotage under the
relevant national legislation, national maritime cabotage under this Chapter covers
transportation of passengers or goods between a port or point located in Chile or a Member
State and another port or point located in Chile or that same Member State, including on its
continental shelf, as provided in the UN Convention on the Law of the Sea, and traffic
originating and terminating in the same port or point located in Chile or a Member State.
& /en 1
(c) domestic and international air services or related services in support of air services1, whether
scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other
than:
(i) aircraft repair and maintenance services during which an aircraft is withdrawn from
service;
(ii) selling and marketing of air transport services;
(iii) computer reservation system (CRS) services; and
(iv) ground handling services.
3. This Chapter does not apply to measures adopted or maintained by a Party relating to
financial institutions of the other Party, investors of the other Party and to the investments of such
investors in financial institutions in the territory of that Party, as defined in Article 18.2;
4. Articles 10.5, 10.6, 10.8, 10.9 and 10.10 do not apply with respect to public procurement.
1 For greater certainty, air services or related services in support of air services include the
following services: air transportation; services provided by using an aircraft whose primary
purpose is not the transportation of goods or passengers, such as aerial fire-fighting flight
training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider
towing, helicopter-lift for logging and construction, and other airborne agricultural, industrial
and inspection services; the rental of aircraft with crew; and airport operation services.
& /en 2
5. Articles 10.5, 10.6, 10.8 and 10.10 do not apply with respect to subsidies granted by a Party,
including government-supported loans, guarantees and insurances.
ARTICLE 10.2
Definitions
1. For purposes of this Chapter and Annexes 10-A, 10-B and 10-C:
(a) "activities performed in the exercise of governmental authority" means activities performed,
including services supplied, neither on a commercial basis nor in competition with one or
more economic operators;
(b) "aircraft repair and maintenance services" means such activities when undertaken on an
aircraft or a part thereof while it is withdrawn from service and do not include so-called line
maintenance;
(c) "computer reservation system (CRS) services" means services provided by computerised
systems that contain information about air carriers' schedules, availability, fares and fare
rules, through which reservations can be made or tickets may be issued;
& /en 3
(d) "covered enterprise" means an enterprise which is established in accordance with
subparagraph (h) by an investor of a Party in the territory of the other Party, in accordance
with the applicable law, and which is in existence at the date of entry into force of this
Agreement or is established thereafter;
(e) "cross-border supply of services" means the supply of a service:
(i) from the territory of a Party into the territory of the other Party; or
(ii) in the territory of a Party to the service consumer of the other Party;
(f) "economic activities" means activities of an industrial, commercial or professional character
or activities of craftsmen, including the supply of services, except for activities performed in
the exercise of governmental authority;
(g) "enterprise" means a juridical person, branch or representative office set up through
establishment;
(h) "establishment" means the setting up, including the acquisition1, of an enterprise by an
investor of a Party in the territory of the other Party;
1 The term "acquisition" is understood as including capital participation in a juridical person
with a view to establishing or maintaining lasting economic links.
& /en 4
(i) "ground handling services" means the supply at an airport, on a fee or contract basis, of the
following services: airline representation, administration and supervision; passenger handling;
baggage handling; ramp services; catering, except the preparation of the food; air cargo and
mail handling; fuelling of an aircraft, aircraft servicing and cleaning; surface transport; and
flight operation, crew administration and flight planning; ground handling services do not
include: self-handling; security; line maintenance; aircraft repair and maintenance; or
management or operation of essential centralised airport infrastructure, such as de-icing
facilities, fuel distribution systems, baggage handling systems and fixed intra-airport transport
systems;
(j) "investor of a Party" means a natural or juridical person of a Party, that seeks to establish, is
establishing or has established an enterprise in accordance with subparagraph (h);
& /en 5
(k) "juridical person of a Party" means1:
(i) for the European Union:
(A) a juridical person constituted or organised under the law of the European Union or
of at least one of its Member States and engaged in substantive business
operations2 in the territory of the European Union; and
(B) shipping companies established outside the European Union, and controlled by
natural persons of a Member State, whose vessels are registered in, and fly the
flag of, a Member State;
(ii) for Chile:
(A) a juridical person constituted or organised under the law of Chile and engaged in
substantive business operations in the territory of Chile; and
(B) shipping companies established outside Chile, and controlled by natural persons
of Chile, whose vessels are registered in, and fly the flag of, Chile;
1 For greater certainty, the shipping companies referred to in this definition are only considered
as juridical persons of a Party with respect to their activities relating to the supply of maritime
transport services.
2 In line with its notification of the Treaty establishing the European Community to the WTO
(WT/REG39/1), the European Union understands that the concept of "effective and
continuous link" with the economy of a Member State enshrined in Article 54 of the TFEU is
equivalent to the concept of "substantive business operations".
& /en 6
(l) "operation" means the conduct, management, maintenance, use, enjoyment, sale or other form
of disposal of an enterprise by an investor of a Party, in the territory of the other Party;
(m) "selling and marketing of air transport services" means opportunities for the air carrier
concerned to sell and market freely its air transport services including all aspects of marketing
such as market research, advertising and distribution; these activities do not include the
pricing of air transport services nor the applicable conditions; and
(n) "service" means any service in any sector except for services supplied in the exercise of
governmental authority.
ARTICLE 10.3
Right to regulate
The Parties affirm the right to regulate within their territories to achieve legitimate policy
objectives, such as the protection of public health, social services, education, safety, the
environment, including climate change, public morals, social or consumer protection, privacy and
data protection, or the promotion and protection of cultural diversity.
& /en 7
ARTICLE 10.4
Relation to other chapters
1. In the event of inconsistency between this Chapter and Chapter 18, the latter shall prevail to
the extent of the inconsistency.
2. A requirement of a Party that a service supplier of the other Party posts a bond or other form
of financial security as a condition for the cross-border supply of a service in its territory, does not
in itself make this Chapter applicable to such cross-border supply of that service. This Chapter
applies to measures adopted or maintained by a Party relating to the bond or financial security, if
such bond or financial security constitutes a covered enterprise.
& /en 8
ARTICLE 10.5
Market access
1. In the sectors or subsectors where market access commitments are undertaken, a Party shall
not adopt or maintain, with respect to market access through establishment or operation by investors
of the other Party or by covered enterprises, either on the basis of its entire territory or on the basis
of a territorial sub-division, a measure that:
(a) limits the number of enterprises that may carry out a specific economic activity, whether in
the form of numerical quotas, monopolies, exclusive rights or the requirement of an economic
needs test;
(b) limits the total value of transactions or assets in the form of numerical quotas or the
requirement of an economic needs test;
(c) limits the total number of operations or the total quantity of output expressed in terms of
designated numerical units in the form of quotas or the requirement of an economic needs
test;1
(d) restricts or requires specific types of legal entity or joint venture through which an investor of
the other Party may carry out an economic activity; or
1 Subparagraphs (a), (b) and (c) of paragraph 1 do not cover measures taken in order to limit the
production of an agricultural or fishery product.
& /en 9
(e) limits the total number of natural persons that may be employed in a particular sector or that
an enterprise may employ and who are necessary for, and directly related to, the performance
of economic activity in the form of numerical quotas or the requirement of an economic needs
test.
ARTICLE 10.6
National treatment
1. Each Party shall accord to investors of the other Party and to covered enterprises, with respect
to the establishment, treatment no less favourable than the treatment it accords, in like situations1, to
its own investors and to their enterprises.
2. Each Party shall accord to investors of the other Party and to covered enterprises, with respect
to the operation, treatment no less favourable than the treatment it accords, in like situations1, to its
own investors and to their enterprises.
1 For greater certainty, whether treatment is accorded in "like situations" requires a case-by-
case, fact-based analysis and depends on the totality of the situations.
& /en 10
3. The treatment accorded by a Party under paragraphs 1 and 2 means:
(a) with respect to a regional or local government of Chile, treatment no less favourable than the
most favourable treatment accorded, in like situations, by that level of government to
investors of Chile and to their enterprises in its territory;
(b) with respect to a government of, or in, a Member State, treatment no less favourable than the
most favourable treatment accorded, in like situations, by that government to investors of that
Member State and to their enterprises in its territory1.
ARTICLE 10.7
Public procurement
1. Each Party shall ensure that covered enterprises are accorded treatment no less favourable
than that accorded, in like situations, to its own enterprises with respect to any measure regarding
the purchase of goods or services by a procuring entity for governmental purposes.
2. The application of the national treatment obligation provided for in this Article remains
subject to security and general exceptions as set out in Article 21.3.
1 For greater certainty, the treatment accorded by a government of, or in, a Member State
includes the regional and local level of government, when applicable.
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ARTICLE 10.8
Most-favoured-nation treatment
1. Each Party shall accord to investors of the other Party and to covered enterprises, with respect
to the establishment, treatment no less favourable than the treatment it accords, in like situations1, to
investors of a third country and to their enterprises.
2. Each Party shall accord to investors of the other Party and to covered enterprises with respect
to the operation, treatment no less favourable than the treatment it accords, in like situations1, to
investors of a third country and to their enterprises.
3. Paragraphs 1 and 2 shall not be construed to oblige a Party to extend to investors of the other
Party or to covered enterprises the benefit of any treatment resulting from measures providing for
the recognition of the standards, including of the standards or criteria for the authorisation, licencing
or certification of a natural person or enterprise to carry out an economic activity, or of prudential
measures.
1 For greater certainty, whether treatment is accorded in "like situations" requires a case-by-
case, fact-based analysis and depends on the totality of the situations.
& /en 12
4. For greater certainty the treatment referred to in paragraphs 1 and 2 does not include
investment dispute resolution procedures or mechanisms provided for in other international
investment treaties and other trade agreements. The substantive provisions in other international
investment treaties or trade agreements do not in themselves constitute "treatment" as referred to in
paragraphs 1 and 2, and thus cannot give rise to a breach of this Article, absent measures adopted or
maintained by a Party. Measures of a Party applied pursuant to such substantive provisions may
constitute "treatment" under this Article and thus give rise to a breach of this Article.
ARTICLE 10.9
Performance requirements
1. A Party shall not, in connection with the establishment or operation of any enterprise of a
Party or of a third country in its territory, impose or enforce any requirement, or enforce any
commitment or undertaking to:
(a) export a given level or percentage of goods or services;
(b) achieve a given level or percentage of domestic content;
(c) purchase, use or accord a preference to goods produced or services provided in its territory, or
purchase goods or services from natural persons or enterprises in its territory;
& /en 13
(d) relate in any way the volume or value of imports to the volume or value of exports or to the
amount of foreign exchange inflows associated with such enterprise;
(e) restrict sales of goods or services in its territory that such enterprise produces or provides by
relating such sales in any way to the volume or value of its exports or foreign exchange
earnings;
(f) transfer technology, a production process or other proprietary knowledge to a natural person
or an enterprise in its territory;
(g) supply exclusively from the territory of that Party the goods it produces or the services it
supplies to a specific regional or world market;
(h) locate the headquarters of that investor for a specific region of the world, which is broader
than the territory of the Party, or the world market in its territory;
(i) hire a given number or percentage of its nationals;
(j) restrict the exportation or sale for export; or
& /en 14
(k) with regard to any licence contract in existence at the time the requirement is imposed or
enforced, or any commitment or undertaking is enforced, or any future licence contract freely
entered into between the investor and a natural or juridical person or any other entity in its
territory, provided that the requirement is imposed or the commitment or undertaking is
enforced, in a manner that constitutes a direct interference with that licence contract by an
exercise of non-judicial governmental authority of a Party, to adopt:
(i) a given rate or amount of royalty below a certain level under a licence contract; or
(ii) a given duration of the term of a licence contract,
2. For greater certainty, subparagraph (k) does not apply when the licence contract is concluded
between the investor and a Party.
3. A Party shall not condition the receipt or continued receipt of an advantage, in connection
with the establishment or the operation of an enterprise in its territory, of a Party or of a third
country, on compliance with any of the following requirements:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use or accord a preference to goods produced or services provided in its territory,
or to purchase goods or services from natural persons or enterprises in its territory;
& /en 15
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the
amount of foreign exchange inflows associated with such enterprise;
(d) to restrict sales of goods or services in its territory that such enterprise produces or provides
by relating such sales in any way to the volume or value of its exports or foreign exchange
earnings; or
(e) to restrict the exportation or sale for export.
4. Paragraph 3 shall not be construed as preventing a Party from conditioning the receipt or
continued receipt of an advantage, in connection with the establishment or the operation of an
enterprise in its territory by an investor of a Party or a third country, on compliance with a
requirement to locate production, provide a service, train or employ workers, construct or expand
particular facilities, or carry out research and development in its territory.
5. Subparagraphs (f) and (k) of paragraph 1 do not apply if:
(a) a Party authorises use of an intellectual property right in accordance with Article 31 or 31bis
of the TRIPS Agreement or adopts or maintains measures requiring the disclosure of data or
proprietary information that fall within the scope of, and are consistent with, paragraph 3 of
Article 39 of the TRIPS Agreement; or
& /en 16
(b) the requirement is imposed or the commitment or undertaking is enforced by a court,
administrative tribunal, or competition authority in order to remedy a practice determined
after judicial or administrative process to be a violation of the Party's competition law.
6. Subparagraphs (a), (b) and (c) of paragraph 1 and subparagraphs (a) and (b) of paragraph 3 do
not apply to qualification requirements for goods or services with respect to participation in export
promotion and foreign aid programmes.
7. Subparagraphs (a) and (b) of paragraph 3 do not apply to requirements imposed by an
importing Party relating to the content of goods necessary to qualify for preferential tariffs or
preferential quotas.
8. For greater certainty, this Article shall not be construed as requiring a Party to permit a
particular service to be supplied on a cross-border basis where that Party adopts or maintains
restrictions or prohibitions on such provision of services which are consistent with the reservations,
conditions or qualifications specified with respect to a sector, subsector or activity listed in
Annexes 10-A, 10-B and 10-C.
9. This Article is without prejudice to commitments of a Party made under the WTO Agreement.
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ARTICLE 10.10
Senior management and boards of directors
A Party shall not require that a covered enterprise appoints natural persons of a particular
nationality as members of boards of directors, or to a senior management position, such as
executives or managers.
ARTICLE 10.11
Non-conforming measures
1. Articles 10.6, 10.8, 10.9 and 10.10 do not apply to:
(a) any existing non-conforming measure that is maintained by:
(i) for the European Union:
(A) the European Union, as set out in Appendix 10-A-1;
(B) the central government of a Member State, as set out in Appendix 10-A-1;
& /en 18
(C) a regional level of government of a Member State, as set out in Appendix 10-A-1;
or
(D) a local level of government; and
(ii) for Chile:
(A) the central government, as set out in Appendix 10-A-2;
(B) a regional level of government, as set out in Appendix 10-A-2; or
(C) a local level of government;
(b) the continuation or prompt renewal of any non-conforming measure referred to in
subparagraph (a); or
(c) a modification to any non-conforming measure referred to in subparagraph (a) of this
paragraph, to the extent that the modification does not decrease the conformity of the
measure, as it existed immediately before the modification, with Article 10.6, 10.8, 10.9 or
10.10.
2. Articles 10.6, 10.8, 10.9 and 10.10 do not apply to measures of a Party with respect to sectors,
sub-sectors or activities, as set out in its schedule to Annex 10-B (future measures).
& /en 19
3. A Party shall not, under any measure adopted after the date of entry into force of this
Agreement and covered by its reservation listed in Annex 10-B, require an investor of the other
Party, by reason of its nationality, to sell or otherwise dispose of a covered enterprise existing at the
time the measure becomes effective.
4. Article 10.5 does not apply to any measure of a Party which is consistent with commitments
set out in Annex 10-C.
5. Articles 10.6 and 10.8 do not apply to any measure of a Party that constitutes an exception to,
or derogation from, Article 3 or 4 of the TRIPS Agreement, as specifically provided for in
Articles 3 to 5 of that Agreement.
6. For greater certainty, Articles 10.6 and 10.8 shall not be construed as preventing a Party from
prescribing information requirements, including for statistical purposes, in connection with the
establishment or operation of investors of the other Party or of covered enterprises, provided that it
does not constitute a means to circumvent that Party's obligations under those Articles.
& /en 20
ARTICLE 10.12
Denial of benefits
A Party may deny the benefits of this Chapter to an investor of the other Party or to a covered
enterprise if the denying Party adopts or maintains measures related to the maintenance of
international peace and security, including the protection of human rights, which:
(a) prohibit transactions with that investor or covered enterprise; or
(b) would be violated or circumvented if the benefits of this Chapter were accorded to that
investor or covered enterprise, including where the measures prohibit transactions with a
natural or juridical person who owns or controls either of them.
ARTICLE 10.13
Sub-Committee on Services and Investment
The Sub-Committee on Services and Investment ("Sub-Committee") is established pursuant to
Article 33.4(1). When addressing matters related to investment, the Sub-Committee shall monitor
and ensure proper implementation of this Chapter and of Annexes 10-A, 10-B and 10-C.
& /en 21
CHAPTER 11
CROSS-BORDER TRADE IN SERVICES
ARTICLE 11.1
Scope
1. This Chapter applies to measures of a Party affecting cross-border trade in services supplied
by service suppliers of the other Party. Such measures include measures that affect:
(a) the production, distribution, marketing, sale and delivery of a service;
(b) the purchase or use of, or payment for, a service;
(c) the access to and use of, in connection with the supply of a service, services which are
required by a Party to be offered to the public generally, including distribution, transport or
telecommunications networks; and
(d) the provision of a bond or other form of financial security, as a condition for the supply of a
service.
& /en 22
2. This Chapter does not apply to:
(a) financial services, as defined in Article 18.2;
(b) audio-visual services;
(c) national maritime cabotage1;
(d) domestic and international air services or related services in support of air services2, whether
scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other
than:
(i) aircraft repair and maintenance services during which an aircraft is withdrawn from
service;
1 Without prejudice to the scope of activities which may be considered as cabotage under the
relevant national legislation, national maritime cabotage under this Chapter covers
transportation of passengers or goods between a port or point located in Chile or a Member
State and another port or point located in Chile or that same Member State, including on its
continental shelf, as provided in the UN Convention on the Law of the Sea, and traffic
originating and terminating in the same port or point located in Chile or a Member State.
2 For greater certainty, air services or related services in support of air services include the
following services: air transportation; services provided by using an aircraft whose primary
purpose is not the transportation of goods or passengers, such as aerial fire-fighting flight
training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider
towing, helicopter-lift for logging and construction, and other airborne agricultural, industrial
and inspection services; the rental of aircraft with crew; and airport operation services.
& /en 23
(ii) selling and marketing of air transport services;
(iii) computer reservation system (CRS) services; and
(iv) ground handling services;
(e) public procurement; and
(f) subsidies or grants provided by a Party or a state-owned enterprise including government-
supported loans, guarantees and insurance.
ARTICLE 11.2
Definitions
For the purposes of this Chapter and Annexes 10-A, 10-B and 10-C:
(a) "aircraft repair and maintenance services" means such activities when undertaken on an
aircraft or a part thereof while it is withdrawn from service and do not include so-called line
maintenance;
& /en 24
(b) "computer reservation system (CRS) services" means services provided by computerised
systems that contain information about air carriers' schedules, availability, fares and fare
rules, through which reservations can be made or tickets may be issued;
(c) "cross-border trade in services" or "cross-border supply of services" means the supply of a
service:
(i) from the territory of a Party into the territory of the other Party; or
(ii) in the territory of a Party, to the service consumer of the other Party;
(d) "enterprise" means a juridical person, branch or representative office set up through
establishment;
(e) "ground handling services" means the supply at an airport, on a fee or contract basis, of the
following services: airline representation, administration and supervision; passenger handling;
baggage handling; ramp services; catering, except the preparation of the food; air cargo and
mail handling; fuelling of an aircraft; aircraft servicing and cleaning; surface transport; and
flight operation, crew administration and flight planning; ground handling services do not
include: self-handling; security; line maintenance; aircraft repair and maintenance; or
management or operation of essential centralised airport infrastructure, such as de-icing
facilities, fuel distribution systems, baggage handling systems and fixed intra-airport transport
systems;
& /en 25
(f) "juridical person of a Party" means1:
(i) for the European Union:
(A) a juridical person constituted or organised under the law of the European Union or
of at least one of its Member States and engaged in substantive business
operations2 in the territory of the European Union; and
(B) shipping companies established outside the European Union, and controlled by
natural persons of a Member State, whose vessels are registered in, and fly the
flag of, a Member State;
(ii) for Chile:
(A) a juridical person constituted or organised under the law of Chile and engaged in
substantive business operations in the territory of Chile; and
1 For greater certainty, the shipping companies referred to in this definition are only considered
as juridical persons of a Party with respect to their activities relating to the supply of maritime
transport services.
2 In line with its notification of the Treaty establishing the European Community to the WTO
(WT/REG39/1), the European Union understands that the concept of "effective and
continuous link" with the economy of a Member State enshrined in Article 54 of the Treaty on
the Functioning of the European Union is equivalent to the concept of "substantive business
operations".
& /en 26
(B) shipping companies established outside Chile, and controlled by natural persons
of Chile, whose vessels are registered in, and fly the flag of, Chile;
(g) "selling and marketing of air transport services" means opportunities for the air carrier
concerned to sell and market freely its air transport services, including all aspects of
marketing such as market research, advertising and distribution; these activities do not include
the pricing of air transport services or the applicable conditions;
(h) "service" means any service in any sector except services supplied in the exercise of
governmental authority;
(i) "service supplied in the exercise of governmental authority" means any service which is
supplied neither on a commercial basis, nor in competition with one or more service suppliers;
and
(j) "service supplier of a Party" means any natural or juridical person of a Party that seeks to
supply or supplies a service.
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ARTICLE 11.3
Right to regulate
The Parties reaffirm the right to regulate within their territories to achieve legitimate policy
objectives, such as the protection of public health, social services, education, safety, the
environment, including climate change, public morals, social or consumer protection, privacy and
data protection, or the promotion and protection of cultural diversity.
ARTICLE 11.4
National treatment
1. Each Party shall accord to services and service suppliers of the other Party treatment no less
favourable than the treatment it accords, in like situations, to its own services and service suppliers.
2. The treatment accorded by a Party under paragraph 1 means:
(a) with respect to a regional or local government of Chile, treatment no less favourable than the
most favourable treatment accorded, in like situations, by that level of government to its own
services and service suppliers;
& /en 28
(b) with respect to a government of, or in, a Member State, treatment no less favourable than the
most favourable treatment accorded, in like situations, by that government to its own services
and service suppliers.
3. A Party may meet the requirement of paragraph 1 by according to services and service
suppliers of the other Party either formally identical treatment or formally different treatment to that
it accords to its own services and service suppliers.
4. Formally identical or formally different treatment shall be considered to be less favourable if
it modifies the conditions of competition in favour of services or service suppliers of a Party
compared to service suppliers of the other Party.
5. Nothing in this Article shall be construed to require a Party to compensate for inherent
competitive disadvantages which result from the foreign character of the relevant services or
services suppliers.
ARTICLE 11. 5
Most-favoured-nation treatment
1. Each Party shall accord to services and service suppliers of the other Party treatment no less
favourable than the treatment it accords, in like situations, to services and service suppliers of a
third country.
& /en 29
2. Paragraph 1 shall not be construed to oblige a Party to extend to services and service suppliers
of the other Party the benefit of any treatment resulting from measures providing for the recognition
of the standards, including of the standards or criteria for the authorisation, licencing or certification
of a natural person or enterprise to carry out an economic activity, or of prudential measures.
3. For greater certainty the treatment referred to in paragraph 1 does not include dispute
resolution procedures or mechanisms provided for in other international treaties or trade
agreements. The substantive provisions in other international treaties or trade agreements do not in
themselves constitute treatment referred to in paragraph 1, and thus cannot give rise to a breach of
this Article, absent measures adopted or maintained by a Party. Measures of a Party applied
pursuant to such substantive provisions may constitute "treatment" under this Article and thus give
rise to a breach of this Article.
ARTICLE 11.6
Local presence
A Party shall not require a service supplier of the other Party to establish or maintain an enterprise
or to be resident in its territory as a condition for the cross-border supply of a service.
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ARTICLE 11.7
Market access
In the sectors or subsectors where market access commitments are undertaken, a Party shall not
adopt or maintain, either on the basis of its entire territory or on the basis of a regional subdivision,
measures that:
(a) impose limitations on:
(i) the number of service suppliers, whether in the form of numerical quotas, monopolies,
exclusive service suppliers or the requirement of an economic needs test;
(ii) the total value of service transactions or assets in the form of numerical quotas or the
requirement of an economic needs test;
(iii) the total number of service operations or the total quantity of services output, expressed
in terms of designated numerical units, in the form of quotas or the requirement of an
economic needs test1; or
1 This subparagraph does not cover the measures of a Party that limit inputs for the supply of
services.
& /en 31
(iv) the total number of natural persons that may be employed in a particular service sector
or that a service supplier may employ and who are necessary for, and directly related to,
the supply of a specific service in the form of numerical quotas or the requirement of an
economic needs test; or
(b) restrict or require specific types of legal entity or joint venture through which a service
supplier may supply a service.
ARTICLE 11.8
Non-conforming measures
1. Articles 11.4, 11.5 and 11.6 do not apply to:
(a) any existing non-conforming measure that is maintained by:
(i) for the European Union:
(A) the European Union, as set out in Appendix 10-A-1;
(B) the central government of a Member State, as set out in Appendix 10-A-1;
& /en 32
(C) a regional level of government of a Member State, as set out in Appendix 10-A-1;
or
(D) a local level of government; and
(ii) for Chile:
(A) the central government, as set out in Appendix 10-A-2;
(B) a regional level of government, as set out in Appendix 10-A-2; or
(C) a local level of government;
(b) the continuation or prompt renewal of any non-conforming measure referred to in
subparagraph (a); or
(c) an amendment to any non-conforming measure referred to in subparagraph (a) of this
paragraph, to the extent that the amendment does not decrease the conformity of the measure,
as it existed immediately before the amendment, with Articles 11.4, 11.5 and 11.6.
2. Articles 11.4, 11.5 and 11.6 do not apply to any measure of a Party with respect to sectors,
sub-sectors or activities, as set out in Annex 10-B.
& /en 33
3. Article 11.7 does not apply to any measure of a Party which is consistent with commitments
set out in Annex 10-C.
ARTICLE 11.9
Denial of benefits
A Party may deny the benefits of this Chapter to a service supplier of the other Party if the denying
Party adopts or maintains measures related to the maintenance of international peace and security,
including the protection of human rights, which:
(a) prohibit transactions with that service supplier, or with a person who owns or controls either
of them; or
(b) would be violated or circumvented if the benefits of this Chapter were accorded to that service
supplier.
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ARTICLE 11.10
Sub-Committee on Services and Investment
The Sub-Committee on Services and Investment ("Sub-Committee") is established pursuant to
Article 33.4(1). When addressing matters related to services, the Sub-Committee shall monitor and
ensure proper implementation of Chapters 11, 12, 13, 14, 15, 16, 17 and 19 and Annexes 10-A, 10-
B, 10-C, 12-A, 12-B, 12-C,14-A and 14-B.
CHAPTER 12
TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES
ARTICLE 12.1
Scope
1. This Chapter applies to measures of a Party concerning the performance of economic
activities through the entry and temporary stay in its territory of natural persons of the other Party
who are business visitors for establishment purposes, investors, intra-corporate transferees,
short-term business visitors, contractual service suppliers and independent professionals.
& /en 35
2. This Chapter does not apply to the sectors referred to in subparagraphs (b), (c) and (d) of
Article 11.1(2).
3. This Chapter does not apply to measures of a Party affecting natural persons of the other Party
seeking access to its employment market, or to measures regarding citizenship, nationality,
residence or employment on a permanent basis.
4. Nothing in this Agreement shall prevent a Party from applying measures regulating the entry
of natural persons of the other Party into, or their temporary stay in, its territory, including measures
necessary to protect the integrity of, and to ensure the orderly movement of natural persons across,
its border, provided that those measures are not applied in a manner as to nullify or impair the
benefits accruing to the other Party under this Agreement.
5. The sole fact that a Party requires persons of the other Party to obtain a visa shall not be
regarded as nullifying or impairing the benefits accruing to the other Party under this Agreement.
6. To the extent that commitments are not undertaken in this Chapter, all requirements provided
for in the law of a Party regarding the entry and temporary stay of natural persons shall continue to
apply, including laws and regulations concerning the period of stay.
7. Notwithstanding this Chapter, all requirements provided for in the law of a Party regarding
work and social security measures shall continue to apply, including laws and regulations
concerning minimum wages and collective wage agreements.
& /en 36
8. Commitments under this Chapter on the entry and temporary stay of natural persons for
business purposes do not apply in cases where the intent or effect of the entry and temporary stay is
to interfere with or otherwise affect the outcome of any labour or management dispute or
negotiation, or the employment of any natural person who is involved in that dispute.
ARTICLE 12.2
Definitions
1. The definitions in Articles 10.2 and 11.2 apply to this Chapter and to Annexes 12-A, 12-B
and 12-C, with the exception of the definition of investor in subparagraph (j) of Article 10.2 (1).
2. For the purposes of this Chapter and Annexes 12-A, 12-B and 12-C:
(a) “business sellers” means short-term business visitors who:
(i) are representatives of a services or goods supplier of a Party for the purpose of
negotiating the sale of services or goods, or entering into agreements to sell services or
goods for that supplier, including: attending meetings or conferences; engaging in
consultations with business colleagues, taking orders or negotiating contracts with an
enterprise located in the territory of the other Party;
(ii) are not engaged in the supply of a service in the framework of a contract
concluded between an enterprise that has no commercial presence in the territory of the
Party where the short-term business visitors are staying temporarily, and a consumer in
that territory; and
(iii) are not commission agents; and
(b) "business visitors for establishment purposes" means natural persons working in a senior
position within a juridical person of a Party who are responsible for establishing an enterprise
of such juridical person in the territory of the other Party, who do not offer or provide services
& /en 37
or engage in any other economic activity than required for establishment purposes and who do
not receive remuneration from a source located within the other Party;
(c) "contractual services suppliers" means natural persons, employed by a juridical person of a
Party which is not itself established in the territory of the other Party and is not an agency for
placement and supply services of personnel or acting through such an agency and which has
concluded a bona fide contract with a final consumer in the other Party to supply services in
the other Party, requiring the presence on a temporary basis of its employees in that other
Party, in order to fulfil the contract to supply services1;
(d) "independent professionals" means natural persons engaged in the supply of a service and
established as self-employed in the territory of a Party, but not in the territory of the other
Party, who have concluded a bona fide contract, other than through an agency for placement
and supply services of personnel, with a final consumer to supply services in the other Party,
requiring their presence on a temporary basis in that other Party1;
(e) “installers and maintainers” means short-term business visitors possessing specialised
knowledge essential to a seller's or lessor's contractual obligation, performing services or
training workers to perform services, pursuant to a warranty or other service contract
incidental to the sale or lease of commercial or industrial equipment or machinery, including
computer and related services, purchased or leased from an enterprise located outside the
territory of the Party into which entry and temporary stay is sought, throughout the duration of
the warranty or service contract.
(f) "intra-corporate transferees" means natural persons who have been employed by, or partners
in, a juridical person of a Party for at least one year, who are temporarily transferred to an
enterprise of that juridical person in the territory of the other Party, and who belong to one of
the following categories:
(i) managers;
1 The service contract referred to under subparagraphs (b) and (c) shall comply with the
requirements of the law of the Party where the contract is executed.
& /en 38
(ii) specialists;
(iii) trainee employees;
(g) “investor” means a natural person who establishes in the territory of the other Party an
enterprise to which that natural person or the juridical person employing that natural person
has committed, or is in the process of committing, a substantial amount of capital, and who
develops or administers the operation of that enterprise in a capacity that is supervisory or
executive;
(h) "managers" means natural persons working in a senior position within a juridical person of a
Party, who primarily direct the management of the enterprise in the territory of the other
Party1, receiving general supervision or direction principally from higher level executives, the
board of directors or from stockholders of the business or their equivalent and whose
responsibilities include:
(i) directing the enterprise or a department or subdivision thereof;
(ii) supervising and controlling the work of other supervisory, professional or managerial
employees; and
(iii) having the personal authority to recruit and dismiss or to recommend recruitment,
dismissal or other personnel-related actions;
(i) “short-term business visitors” means natural persons who are seeking entry and temporary
stay in the territory of the other Party, who do not engage in making direct sales to the general
public, do not receive remuneration from a source located within the other Party, and belong
to one of the following categories:
(i) business sellers;
1 For greater certainty, this definition does not exclude managers who, while not directly
performing tasks concerning the actual supply of the services, perform tasks, in the course of
executing their duties as described in this definition, that are necessary for the provision of
& /en 39
(ii) installers and maintainers;
(j) "specialists" means natural persons working within a juridical person of a Party possessing
specialised knowledge essential to the areas of activity, techniques or management of the
enterprise; in assessing such knowledge, account shall be taken not only of knowledge
specific to the enterprise, but also of whether the person has a high level of qualification,
including adequate professional experience, referring to a type of work or activity requiring
specific technical knowledge, including possible membership of an accredited profession;
(k) "trainee employees" means natural persons who possess a university degree and are
temporarily transferred for career development purposes or to obtain training in business
techniques or methods1.
ARTICLE 12.3
Intra-corporate transferees, business visitors for establishment purposes and investors
1. Subject to the relevant conditions and qualifications specified in Annex 12-A, each Party:
(a) shall allow the entry and temporary stay of intra-corporate transferees, business visitors for
establishment purposes and investors of the other Party;
(b) shall allow the employment in its territory of intra-corporate transferees of the other Party;
the services.
1 The recipient enterprise may be required to submit a training programme covering the
duration of the stay for prior approval, demonstrating that the purpose of the stay is for
training. For AT, CZ, DE, FR, ES, HU and LT, training must be link[ed] to the university
degree which has been obtained.
& /en 40
(c) shall not maintain or adopt limitations in the form of numerical quotas or economic needs
tests on the total number of natural persons that, in a specific sector, are allowed entry as
business visitors for establishment purposes or investors, or that may be employed as intra-
corporate transferees, either on the basis of a territorial subdivision or on the basis of its entire
territory; and
(d) shall accord to intra-corporate transferees, business visitors for establishment purposes and
investors of the other Party, with regard to their temporary stay in its territory, treatment no
less favourable than that it accords, in like situations, to its own natural persons.
2. The permissible length of stay shall be:
(a) for Chile, a period of up to two years which may be extended, without a requirement to apply
for permanent residence, provided that the conditions on which the stay is based remain
present; and
(b) for the European Union, a period of up to three years for managers and specialists; up to one
year for trainee employees and investors; and up to 90 days within any six-month period for
business visitors for establishment purposes.
& /en 41
ARTICLE 12.4
Short-term business visitors
1. Subject to the scope exclusions set out in Article 10.1(2) and subject to the relevant conditions
and qualifications specified in Annex 12-A, a Party shall allow entry and temporary stay of short-
term business visitors without the requirement of a work permit, economic needs test or other prior
approval procedures of similar intent.
2. If short-term business visitors of a Party are engaged in the supply of a service to a consumer
in the territory of the Party where they are staying temporarily, that Party shall accord to them, with
regard to the supply of that service, treatment no less favourable than that it accords, in like
situations, to its own service suppliers.
3. The permissible length of stay shall be a period of up to 90 days in any 12-month period.
& /en 42
ARTICLE 12.5
Contractual services suppliers and independent professionals
1. Each Party shall allow the entry and temporary stay of contractual services suppliers of the
other Party in its territory, in the sectors, subsectors and activities specified in Annex 12-B, subject
to the relevant conditions and qualifications specified therein, and provided that:
(a) the natural persons are engaged in the supply of a service as employees of a juridical person,
which has obtained a service contract not exceeding 12 months;
(b) the natural persons entering the other Party have been engaged as employees of the juridical
person referred to in subparagraph (a) for at least one year immediately preceding the date of
submission of an application for entry into the other Party and possess, on the date of
application for entry, at least three years of professional experience, obtained after having
reached the age of majority, in the sector of activity subject of the contract;
(c) the natural persons entering the other Party shall possess:
(i) a university degree or a qualification demonstrating knowledge of an equivalent level 1;
and
1 If the degree or qualification has not been obtained in the Party where the service is supplied,
that Party may evaluate whether this is equivalent to a university degree required in its
territory.
& /en 43
(ii) professional qualifications, if required to exercise an activity pursuant to the laws and
regulations of the Party where the service is supplied;
(d) the natural person does not receive remuneration for the provision of services in the territory
of the other Party, other than the remuneration paid by the juridical person employing the
natural person; and
(e) access accorded pursuant to this Article relates only to the service activity which is the subject
of the contract and does not confer entitlement to use the professional title of the Party where
the service is provided.
2. Each Party shall allow the entry and temporary stay of independent professionals of the other
Party in its territory in the sectors, subsectors and activities specified in Annex 12-B, subject to the
relevant conditions and qualifications specified therein, and provided that:
(a) the contract concluded does not exceed a period of 12 months;
(b) the natural persons possess, on the date of application for entry and temporary stay, at least
six years of professional experience in the sector of activity which is the subject of the
contract.
& /en 44
(c) the natural persons entering into the territory of the other Party possess:
(i) a university degree or a qualification demonstrating knowledge of an equivalent level1;
and
(ii) professional qualifications, if these are required to exercise an activity pursuant to the
laws and regulations of the Party where the service is supplied;
(d) access accorded pursuant to this Article relates only to the service activity which is the subject
of the contract; it does not confer entitlement to use the professional title of the Party where
the service is provided.
3. A Party shall not adopt or maintain limitations on the total number of contractual services
suppliers or independent professionals of the other Party who are allowed for entry and temporary
stay, in the form of numerical quotas or an economic needs test.
4. A Party shall accord to contractual services suppliers and independent professionals of the
other Party, with regard to the supply of their services in its territory, treatment no less favourable
than that it accords, in like situations, to its own service suppliers.
1 If the degree or qualification has not been obtained in the Party where the service is supplied,
that Party may evaluate whether this is equivalent to a university degree required in its
territory.
& /en 45
5. The permissible length of stay shall be:
(a) for the European Union, a cumulative period of not more than six months in any 12-month
period or for the duration of the contract, whichever is less; and
(b) for Chile, a period up to one year which may be extended for subsequent periods, provided
that the conditions on which the stay is based remain in effect.
ARTICLE 12.6
Non-conforming measures
To the extent that the relevant measure affects the entry or temporary stay of natural persons for
business purposes, subparagraphs (c) and (d) of Article 12.3(1) and Article 12.5(3) and (4) do not
apply to:
(a) any existing non-conforming measure of a Party at the level of:
(i) for the European Union:
(A) the European Union, as specified in Appendix 10-A-1;
& /en 46
(B) the central government of a Member State, as specified in Appendix 10-A-1;
(C) a regional government of a Member State, as specified in Appendix 10-A-1; or
(D) a local government, other than that referred to in subparagraph (C); and
(ii) for Chile:
(A) the central government, as specified in Appendix 10-A-2;
(B) a regional subdivision, as specified in Appendix 10-A-2; or
(C) a local government;
(b) the continuation or prompt renewal of any non-conforming measure referred to in
subparagraph (a);
(c) a modification of any non-conforming measure referred to in subparagraphs (a) and (b) of this
Article to the extent that it does not decrease the conformity of the measure as it existed
immediately before the modification, with subparagraphs (c) and (d) of Article 12.3(1) and
Article 12.5(3) and (4); or
& /en 47
(d) any measure of a Party consistent with a condition or qualification specified in Annex 10-B.
ARTICLE 12.7
Transparency
1. A Party shall make publicly available information relating to the entry and temporary
stay of natural persons of the other Party, referred to in Article 12.1(1).
2. The information referred to in paragraph 1 of this Article shall include, if applicable, the
following information:
(a) categories of visa, permits or any similar type of authorisation regarding the entry and
temporary stay;
(b) documentation required and conditions to be met;
(c) method of filing an application and options on where to file, such as consular offices or
online;
(d) application fees and an indicative timeframe of the processing of an application;
& /en 48
(e) the maximum length of stay under each type of authorisation referred to in subparagraph (a)
of this paragraph;
(f) conditions for any available extension or renewal;
(g) rules regarding accompanying dependents;
(h) available review or appeal procedures; and
(i) relevant laws of general application pertaining to the entry and temporary stay of natural
persons.
3. With respect to the information referred to in paragraphs 1 and 2 of this Article, a Party shall
endeavour to promptly inform the other Party of the introduction of any new requirements or
procedures, or of any changes in requirements or procedures, which affect the effective application
for the grant of entry into, temporary stay in and, if applicable, permission to work in the former
Party.
ARTICLE 12.8
Non-application of dispute settlement
Chapter 31 does not apply regarding a refusal to grant entry and temporary stay unless the matter
involves a pattern of practice.
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CHAPTER 13
DOMESTIC REGULATION
ARTICLE 13.1
Scope and definitions
1. This Chapter applies to measures by the Parties relating to licensing requirements and
procedures, qualification requirements and procedures, and technical standards1 that affect:
(a) cross-border supply of services;
(b) the supply of a service or pursuit of any other economic activity through the establishment of
an enterprise or operation of a covered investment; or
(c) the supply of a service through the temporary stay of categories of natural persons of a Party
in the territory of the other Party, as defined in Article 12.1.
2. This Chapter only applies to sectors for which a Party has undertaken specific commitments
under Chapters 10, 11 and 12 and to the extent that these specific commitments apply.
1 For greater certainty, as far as measures relating to technical standards are concerned, this
Chapter applies only to those measures affecting trade in services.
& /en 50
3. Notwithstanding paragraph 2, this Chapter does not apply to licensing requirements and
procedures, qualification requirements and procedures, and technical standards relating to:
(a) manufacturing of basic chemicals and other chemical products;
(b) manufacturing of rubber products;
(c) manufacturing of plastics products;
(d) manufacturing of electric motors, generators and transformers;
(e) manufacturing of accumulators, primary cells and primary batteries; and
(f) recycling of metal and non-metal waste and scrap.
4. Notwithstanding paragraph 1, this Chapter does not apply to measures of a Party to the extent
that they constitute limitations subject to scheduling pursuant to Articles 10.5, 10.6, 10.11(1),
10.11(2), 11.4, 11.6, 11.7, 11.8(1), 11.8(2), 12.3(1), 12.4(2), 12.5(1) and 12.6.
& /en 51
5. For the purposes of this Chapter:
(a) "authorisation" means a permission to carry out any of the activities referred to in
subparagraphs (a), (b) and (c) of paragraph 1 resulting from a procedure to which an applicant
must adhere in order to demonstrate compliance with licencing requirements, qualification
requirements or technical standards;
(b) "competent authority" means a central, regional or local government or authority, or a non-
governmental body in the exercise of powers delegated by central, regional or local
governments or authorities, which is empowered to take a decision concerning the
authorisation to supply a service, including through establishment of an enterprise, or
concerning the authorisation to pursue any other economic activity;
(c) "licensing procedures" means administrative or procedural rules to which a natural or a
juridical person seeking an authorisation, including an amendment or renewal of an
authorisation, must adhere in order to demonstrate compliance with licencing requirements;
(d) "licensing requirements" means substantive requirements, other than qualification
requirements, with which a natural or a juridical person is required to comply in order to
obtain, amend or renew an authorisation;
& /en 52
(e) "qualification procedures" means administrative or procedural rules to which a natural person
must adhere in order to demonstrate compliance with qualification requirements, for the
purposes of obtaining an authorisation; and
(f) "qualification requirements" means substantive requirements relating to the competence of a
natural person to supply a service, and with which a natural person is required to comply in
order to obtain, amend or renew an authorisation.
6. For the purposes of this Chapter, the definitions set out in Articles 10.2 and 11.2 also apply.
ARTICLE 13.2
Conditions for licensing and qualification
1. Each Party shall ensure that measures relating to licencing requirements, licencing
procedures, and qualification requirements and qualification procedures are based on criteria which
preclude the competent authorities from exercising their power of assessment in an arbitrary
manner.
2. The criteria referred to in paragraph 1 shall be:
(a) clear;
& /en 53
(b) objective and transparent1; and
(c) accessible to the public and interested persons in advance.
3. When adopting technical standards, each Party shall encourage its competent authorities to
adopt technical standards developed through open and transparent processes, and shall encourage
bodies, including relevant international organisations2, designated to develop technical standards to
use open and transparent processes.
4. An authorisation shall, subject to availability, be granted as soon as it is established, in the
light of an appropriate examination, that the conditions for obtaining an authorisation have been
met.
5. Where the number of licences available for a given activity is limited because of the scarcity
of available natural resources or technical capacity, each Party shall apply a selection procedure to
potential candidates which provides full guarantees of impartiality and transparency, including, in
particular, adequate publicity about the launch, conduct and completion of the procedure.
1 For greater certainty, these criteria may include, inter alia, competence and the ability to
supply a service or pursuit any other economic activity, including to do so in a manner
consistent with a Party's regulatory requirements, such as health and environmental
requirements. Competent authorities may assess the weight to be given to each criterion.
2 The term "relevant international organisations" refers to international bodies whose
membership is open to the relevant bodies of both Parties.
& /en 54
6. Subject to paragraph 5, in establishing the rules for the selection procedure, each Party may
take into account legitimate policy objectives, including considerations of health, safety, the
protection of the environment and the preservation of cultural heritage.
ARTICLE 13.3
Licensing and qualification procedures
1. Licensing and qualification procedures and formalities shall be clear, made public in advance,
and shall not in themselves constitute a restriction on the supply of a service or the pursuit of any
other economic activity. Each Party shall endeavour to make such procedures and formalities as
simple as possible and shall not unduly complicate or delay the supply of the service or the pursuit
of any other economic activity.
2. If authorisation is required, each Party shall promptly publish or otherwise make publicly
available the information necessary for the applicant to comply with the requirements and
procedures for obtaining, maintaining, amending and renewing such authorisation. Such
information shall include at least the following, to the extent it exists:
(a) the requirements and procedures;
(b) contact information of relevant competent authorities;
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(c) fees;
(d) technical standards;
(e) procedures for appeal or review of decisions concerning applications;
(f) procedures for monitoring or enforcing compliance with the terms and conditions of licenses
and qualifications;
(g) opportunities for public involvement, such as through hearings or comments; and
(h) indicative timeframes for processing an application.
3. Any authorisation fee1 which the applicants may incur shall be reasonable, transparent, and
not, in itself, restrict the supply of the relevant service or the pursuit of the relevant economic
activity.
1 Authorisation fees do not include fees for the use of natural resources, payments for auction,
tendering or other non-discriminatory means of awarding concessions, or mandated
contributions to universal service provision.
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4. Each Party shall ensure that the procedures used by, and the decisions of, the competent
authority in the authorisation process are impartial with respect to all applicants. The competent
authority shall reach its decision in an independent manner and not be accountable to any person
supplying the services or carrying out the economic activities for which the authorisation is
required.
5. If specific time limits for applications apply, an applicant shall be allowed a reasonable period
for the submission of an application. If possible, the competent authority should accept applications
in electronic format under the same conditions of authenticity as paper submissions.
6. The competent authority shall start processing an application without undue delay after
submission. Each Party shall endeavour to establish the indicative timeframe for the processing of
an application and shall, at the request of the applicant and without undue delay, ensure that the
competent authority provides information concerning the status of the application. Each Party shall
ensure that the processing of an application, including reaching a final decision, is completed within
a reasonable period of time after the date of submission of a complete application.
7. The competent authority shall, within a reasonable period of time after the receipt of an
application which it considers incomplete, inform the applicant, identify, to the extent feasible, the
additional information required to complete the application, and provide the applicant with the
opportunity to correct deficiencies.
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8. The competent authority shall accept copies of documents that are authenticated in
accordance with the Party's law, instead of original documents, unless the competent authority
requires original documents to protect the integrity of the authorisation process.
9. If an application is rejected by the competent authority, the applicant shall be informed, either
at its own request or upon the competent authority's initiative, in writing and without undue delay.
In principle, the applicant shall be informed of the reasons for rejection of the application and of the
timeframe for an appeal against this decision must be submitted. An applicant shall be permitted,
within reasonable time limits, to resubmit an application.
10. Each Party shall ensure that an authorisation, once granted, enters into effect without undue
delay and in accordance with the terms and conditions specified therein.
11. Where examinations are required for an authorisation, the competent authority shall ensure
such examinations at reasonably frequent intervals and provide a reasonable period of time to
enable applicants to request to take the examination.
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ARTICLE 13.4
Review
If the results of the negotiations related to paragraph 4 of Article V of GATS enter into force, the
Parties shall jointly review such results. Where the joint review assesses that the incorporation of
such results into this Agreement would improve the disciplines contained herein, the Parties shall
jointly determine whether to incorporate such results into this Agreement.
ARTICLE 13.5
Administration of measures of general application
Each Party shall ensure that all measures of general application affecting trade in services are
administered in a reasonable, objective and impartial manner.
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ARTICLE 13.6
Appeal of administrative decisions
Each Party shall maintain or institute judicial, arbitral or administrative tribunals or procedures
which provide, at the request of an affected investor or service supplier, a prompt review of, and
where justified, appropriate remedies for administrative decisions affecting establishment, cross-
border supply of services or temporary presence of natural persons for business purposes. If such
procedures are not independent of the agency entrusted with the administrative decision concerned,
each Party shall ensure that the procedures provide for an objective and impartial review.
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CHAPTER 14
MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
ARTICLE 14.1
Mutual recognition of professional qualifications
1. Nothing in this Chapter shall prevent a Party from requiring that natural persons possess the
necessary qualifications and professional experience specified in the territory where the activity is
performed, for the sector of activity concerned.
2. Each Party shall encourage relevant professional bodies or authorities for the sector of activity
concerned, in its territory, to develop and provide joint recommendations on mutual recognition of
professional qualifications to the Sub-Committee on Services and Investment referred to in
Article 11.10. Such joint recommendations shall be supported by an evidence-based assessment of:
(a) the economic value of an envisaged arrangement on mutual recognition of professional
qualifications ("mutual recognition arrangement"); and
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(b) the compatibility of the respective regimes, that is, the extent to which the requirements
applied by each Party for the authorisation, licensing, operation and certification are
compatible.
3. Upon receipt of a joint recommendation, the Sub-Committee on Services and Investment shall
review its consistency with this Agreement within a reasonable period of time. The Sub-Committee
may, following such review, develop and recommend to the Trade Council to adopt, pursuant to
subparagraph (a) of Article 33.1(6), a decision on mutual recognition arrangement in order to
determine or amend mutual recognition arrangements set out in Annex 14-B1.
4. An arrangement as referred to in paragraph 3 of this Article shall provide for the conditions
for recognition of professional qualifications acquired in the European Union and professional
qualifications acquired in Chile relating to an activity covered by Chapters 10, 11, 12 and 19.
5. The guidelines for arrangements on the recognition of professional qualifications set out in
Annex 14-A shall be taken into account in the development of the joint recommendations referred
to in paragraph 2 and by the Trade Council when assessing whether to adopt the arrangement
referred to in paragraph 3.
1 For greater certainty, mutual recognition arrangements shall not lead to the automatic
recognition of professional qualifications but shall set, in the mutual interest of the Parties, the
conditions for the competent authorities granting recognition of such qualifications.
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CHAPTER 15
DELIVERY SERVICES
ARTICLE 15.1
Scope and definitions
1. This Chapter sets out the principles of the regulatory framework for all delivery services.
2. For the purposes of this Chapter:
(a) "delivery services" means postal and courier or express services, including activities of the
collection, sorting, transport, and delivery of postal items;
(b) "express delivery services" means the collection, sorting, transport and delivery of postal
items at accelerated speed and reliability, and may include value added elements such as
collection from point of origin, personal delivery to the addressee, tracing, possibility of
changing the destination and addressee in transit or confirmation of receipt;
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(c) "express mail services" means international express delivery services supplied through the
Express Mail Service Cooperative (EMS Cooperative), which is the voluntary association of
designated postal operators under the Universal Postal Union (UPU);
(d) "licence" means an authorisation, granted to an individual supplier of delivery services by a
competent regulatory authority, setting out procedures, obligations and requirements specific
to the delivery services sector;
(e) "postal item" means an item up to 31,5 kg addressed in the final form in which it is to be
carried by any type of supplier of delivery services, whether public or private, and may
include items such as a letter, parcel, newspaper or catalogue;
(f) "postal monopoly" means the exclusive right to supply specified delivery services in the
territory of a Party pursuant to pursuant to laws of that Party; and
(g) "universal service" means the permanent supply of a delivery service of a specified quality at
all points in the territory of a Party at affordable prices for all users.
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ARTICLE 15.2
Universal service
1. Each Party has the right to define the kind of universal service obligation it wishes to
maintain. Each Party that maintains a universal service obligation shall administer it in a
transparent, non-discriminatory and neutral manner with regard to all suppliers of delivery services
subject to the obligation.
2. If a Party requires inbound express mail services to be supplied on a universal service basis, it
shall not accord preferential treatment to those services over other international express delivery
services.
ARTICLE 15.3
Prevention of market distortive practices
Each Party shall ensure that a supplier of delivery services that is subject to a universal service
obligation or a postal monopoly does not engage in market distortive practices such as:
(a) using revenues derived from the supply of a service subject to a universal service obligation
or a postal monopoly to cross-subsidise the supply of an express delivery service or any non-
universal delivery service; or
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(b) unjustifiably differentiating among customers such as businesses, large volume mailers or
consolidators with respect to tariffs or other terms and conditions for the supply of a service
subject to a universal service obligation or a postal monopoly.
ARTICLE 15.4
Licences
1. If a Party requires a licence for the provision of delivery services, it shall make publicly
available:
(a) all licensing requirements and the period of time normally required to reach a decision
concerning an application for a licence; and
(b) the terms and conditions of the licence.
2. The procedures, obligations and requirements of a license shall be transparent, non-
discriminatory and based on objective criteria.
3. If an application for a licence is rejected by the competent regulatory authority, it shall inform
the applicant of the reasons for the rejection in writing. Each Party shall establish or maintain an
appeal procedure through a body that is independent from the parties involved in the licence
application procedure. This body may be a tribunal or court.
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ARTICLE 15.5
Independence of the regulatory authorities
1. Each Party shall ensure that any authority responsible for regulating delivery services is not
accountable to any supplier of delivery services, and that the decisions and procedures that the
regulatory authority adopts are impartial, non-discriminatory and transparent with respect to all
market participants in its territory.
2. Each Party shall ensure that the authority responsible for regulating delivery services
performs its tasks in a timely manner and has adequate financial and human resources.
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CHAPTER 16
TELECOMMUNICATIONS SERVICES
ARTICLE 16.1
Scope
1. This Chapter sets out principles of the regulatory framework for the provision of
telecommunications networks and services, liberalised pursuant to Chapters 10 and 11.
2. This Chapter does not apply to services providing, or exercising editorial control over, content
transmitted using telecommunications networks and services.
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ARTICLE 16.2
Definitions
For the purposes of this Chapter:
(a) "associated facilities" means services, physical infrastructures and other facilities associated
with a telecommunications network or service, which enable or support the provision of
services through that network or service or have the potential to do so, and may include
buildings or entries to buildings, building wiring, antennas, towers and other supporting
constructions, ducts, conduits, masts, manholes and cabinets;
(b) "essential facilities" means facilities of a public telecommunications network or service that:
(i) are exclusively or predominantly provided by a single or limited number of suppliers;
and
(ii) cannot feasibly be economically or technically substituted in order to provide a service;
(c) "interconnection" means the linking of public telecommunications networks used by the same
or different suppliers of telecommunications networks or services in order to allow the users
of one supplier to communicate with users of the same or another supplier or to access
services provided by another suppliers, irrespective of whether those services are provided by
the suppliers involved or by any other supplier who has access to the network;
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(d) "internet access services" means public telecommunications services that provide access to
the internet in the territory of a Party, and thereby provide connectivity to virtually all end
points of the internet, irrespective of the network technology and terminal equipment used;
(e) "leased circuits" mean telecommunications services or facilities between two or more
designated points, including those of a virtual nature, that set aside capacity for the dedicated
use of, or availability to, a user;
(f) "major supplier" means a supplier of telecommunications networks or services which has the
ability to materially affect the terms of participation (having regard to price and supply) in a
relevant market for telecommunications networks or services as a result of its control over
essential facilities or the use of its position in that market;
(g) "network elements" means facilities or equipment used in supplying a public
telecommunications service, including features, functions and capabilities provided by means
of those facilities or equipment;
(h) "number portability" means:
(i) for the European Union, the ability of a subscriber who so requests to retain the existing
telephone number, at the same location in the case of fixed line subscribers, when
switching between the same category of suppliers of public telecommunications
services, without impairment of quality, reliability or convenience; and
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(ii) for Chile, the ability of an end-user to retain, upon request, the existing telephone
number when switching between suppliers of public telecommunications services,
without impairment of quality, reliability or convenience;
(i) "public telecommunications network" means any telecommunications network used wholly or
mainly for the provision of public telecommunications services between network termination
points;
(j) "public telecommunications service" means any telecommunications service that is offered to
the public generally;
(k) "subscriber" means any natural or juridical person that is party to a contract with a supplier of
public telecommunications services for the supply of such services;
(l) "telecommunications" means the transmission and reception of signals by any
electromagnetic means;
(m) "telecommunications network" means transmission systems and, if applicable, switching or
routing equipment and other resources, including network elements which are not active,
which permit the transmission and reception of signals by wire, radio, optical or other
electromagnetic means;
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(n) "telecommunications regulatory authority" means the body or bodies charged by a Party with
the regulation of telecommunications networks and services covered by this Chapter1;
(o) "telecommunications service" means a service which consists wholly or mainly in the
transmission and reception of signals, including of broadcasting signals, via
telecommunications networks, including via networks used for broadcasting;
(p) "universal service" means the minimum set of services of specified quality that must be made
available to all users in the territory of a Party, regardless of their geographical location and at
an affordable price; and
(q) "user" means any natural or juridical person using a public telecommunications network or
service.
ARTICLE 16.3
Telecommunications regulatory authority
1. Each Party shall ensure that its telecommunications regulatory authority is legally distinct and
functionally independent from any supplier of telecommunications networks, services or equipment,
and that the decisions adopted by, and the procedures used by, its telecommunications regulatory
authority are impartial with respect to all market participants.
1 For greater certainty, telecommunications regulatory authority includes any authority charged
by a Party with the enforcement of the obligations set out in this Chapter.
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2. A Party that retains ownership or control of suppliers of telecommunications networks,
services or equipment shall ensure the effective structural separation of the telecommunications
regulatory function from activities associated with that ownership or control.
3. With a view to ensuring the independence and impartiality of telecommunications regulatory
authorities, each Party shall ensure that its telecommunications regulatory authority does not hold a
financial interest or maintain an operating or management role in any supplier of
telecommunications networks, services or equipment.
4. Each Party shall ensure that suppliers of telecommunications networks, services or equipment
do not influence the decisions and procedures of the telecommunications regulatory authority.
5. Each Party shall provide its telecommunications regulatory authority with the regulatory and
supervisory power, as well as adequate financial and human resources, to carry out the tasks
assigned to it in order to enforce the obligations set out in this Chapter. Such power shall be
exercised transparently and in a timely manner. Those tasks shall be made public in an easily
accessible and clear form, in particular when those tasks are assigned to more than one body.
6. Each Party shall provide its telecommunications regulatory authority with the power to ensure
that suppliers of telecommunications networks or services provide it, promptly upon request, with
all the information, including financial information, which is necessary to enable the
telecommunications regulatory authority to carry out its tasks in accordance with this Chapter. Any
Information provided shall be treated in accordance with the requirements of confidentiality.
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7. Each Party shall ensure that a user or supplier of telecommunications networks or services
affected by a decision issued by its telecommunications regulatory authority has a right to appeal
against that decision to an appeal body that is independent of the telecommunications regulatory
authority and of other parties affected by the decision. Pending the outcome of the appeal, the
decision issued by the telecommunications regulatory authority shall stand, unless interim measures
are granted in accordance with the law of the Party.
ARTICLE 16.4
Authorisation to provide telecommunications networks or services
1. If a Party requires an authorisation for the provision of telecommunications networks or
services, it shall state a reasonable period of time normally required for the telecommunications
regulatory authority to decide on the authorisation request, communicate that period of time to the
applicant in a transparent manner and shall endeavour to decide on the request within the
communicated period of time1.
1 For greater certainty, this Article does not preclude a Party from authorising the provision of
telecommunications networks or services upon simple notification without having to wait for
a decision by the telecommunications regulatory authority.
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2. Any authorisation criteria and applicable procedures shall be as simple as possible, objective,
transparent, non-discriminatory and proportionate. Any obligations and conditions imposed on or
associated with an authorisation shall be non-discriminatory, transparent, proportionate and related
to the services provided.
3. Each Party shall ensure that an applicant receives in writing the reasons for the denial or the
revocation of an authorisation, or for the imposition of supplier-specific conditions. In case of such
denial, revocation or imposition, an applicant shall be able to seek recourse before an appeal body.
4. Administrative fees imposed on suppliers, if any, shall be objective, transparent,
non-discriminatory and commensurate with the administrative costs reasonably incurred in the
management, control and enforcement of the obligations set out in this Chapter1.
1 Administrative fees do not include payments for rights to use scarce resources and mandated
contributions to universal service provision.
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ARTICLE 16.5
Interconnection
Without prejudice to Article 16.9, each Party shall ensure that a supplier of public
telecommunications networks or services in its territory has the right and, on request of another
supplier of public telecommunications networks or services in its territory, the obligation to
negotiate interconnection for the purpose of providing public telecommunications networks or
services within its territory.
ARTICLE 16.6
Access and use
1. Each Party shall ensure that any service supplier of the other Party is accorded access to and
use of any public telecommunications networks or services on reasonable and non-discriminatory1
terms and conditions. This obligation shall be applied, inter alia, through paragraphs 2 through 5.
1 For the purposes of this Article, "non-discriminatory" means most-favoured-nation and
national treatment as defined in Articles 10.6, 10.8, 11.4 and 11.5, as well as under terms and
conditions no less favourable than those accorded to any other user of like public
telecommunications networks or services in like situations.
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2. Each Party shall ensure that any service supplier of the other Party has access to and use of
any public telecommunications service offered within or across the border of that Party, including
private leased circuits, and to this end shall ensure, subject to paragraph 5, that such supplier is
permitted to:
(a) purchase or lease and attach terminal or other equipment which interfaces with the network
and which is necessary to provide its services;
(b) interconnect private leased or owned circuits with public telecommunications networks or
with circuits leased or owned by another supplier of telecommunications services; and
(c) use operating protocols of its choice in the supply of any service, other than as necessary to
ensure the availability of telecommunications services to the public generally.
3. Each Party shall ensure that a service supplier of the other Party may use public
telecommunications networks or services for the movement of information within and across the
border of that Party, including for intra-corporate communications of such service supplier, and for
access to information contained in data bases or otherwise stored in machine-readable form in the
territory of either Party.
4. Notwithstanding paragraph 3, a Party may take such measures as are necessary to ensure the
security and confidentiality of communications, subject to the requirement that such measures are
not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination
or a disguised restriction on trade in services.
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5. Each Party shall ensure that no condition is imposed on access to and use of public
telecommunications networks or services in its territory other than as necessary to:
(a) safeguard the public service responsibilities of suppliers of public telecommunications
networks or services, in particular their ability to make their services available to the public
generally; or
(b) protect the technical integrity of public telecommunications networks or services.
ARTICLE 16.7
Resolution of telecommunications disputes
1. Each Party shall ensure that, in the event of a dispute arising between suppliers of
telecommunications networks or services in connection with rights or obligations that arise from
this Chapter, and on request of either disputing party, the telecommunications regulatory authority
issues a binding decision within a reasonable period of time to resolve the dispute.
2. Each Party shall ensure that the decision issued by the telecommunications regulatory
authority is made available to the public, subject to the requirements of business confidentiality
under its laws and regulations. The telecommunications regulatory authority shall provide the
disputing parties with a full statement of the reasons on which the decision is based. The disputing
parties shall have the right to appeal that decision, in accordance with Article 16.3(7).
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3. Each Party shall ensure that the procedure referred to in paragraphs 1 and 2 does not preclude
either disputing party from bringing an action before a judicial authority, in accordance with the
laws and regulations of the Party.
ARTICLE 16.8
Competitive safeguards on major suppliers
Each Party shall adopt or maintain appropriate measures for the purpose of preventing suppliers of
telecommunications networks or services who, alone or together, are a major supplier, from
engaging in or continuing anti-competitive practices, including:
(a) engaging in anti-competitive cross-subsidisation;
(b) using information obtained from competitors with anti-competitive results; and
(c) not making available to other services suppliers on a timely basis technical information about
essential facilities and commercially relevant information which are necessary for them to
provide services.
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ARTICLE 16.9
Interconnection with major suppliers
1. Each Party shall ensure that major suppliers of public telecommunications networks or
services provide interconnection at any technically feasible point in the network. Major suppliers
shall provide such interconnection:
(a) under non-discriminatory terms and conditions, including in regard to rates, technical
standards, specifications, quality and maintenance, and of a quality no less favourable than
that provided for their own like services, or for like services of their subsidiaries or other
affiliates;
(b) in a timely fashion, on terms and conditions, including in relation to rates, technical standards,
specifications, quality and maintenance, that are transparent, reasonable, having regard to
economic feasibility, and sufficiently unbundled so that the supplier need not pay for network
components or facilities that it does not require for the service to be provided; and
(c) upon request, at points in addition to the network termination points offered to the majority of
users, subject to charges that reflect the cost of construction of necessary additional facilities.
2. Each Party shall make publicly available the procedures applicable for interconnection with a
major supplier.
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3. Each Party shall ensure that major suppliers make publicly available either their
interconnection agreements or their reference interconnection offers, as appropriate.
ARTICLE 16.10
Access to the essential facilities of major suppliers
Each Party shall provide its telecommunications regulatory authority with the power to require that
a major supplier in its territory makes its essential facilities available to suppliers of
telecommunications networks or services on reasonable and non-discriminatory terms and
conditions for the purpose of providing telecommunications network or services, except if this is
not necessary to achieve effective competition on the basis of the facts collected and the assessment
of the market conducted by the telecommunications regulatory authority. The essential facilities of a
major supplier may include network elements, leased circuits services and associated facilities.
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ARTICLE 16.11
Scarce resources
1. Each Party shall ensure that the allocation and granting of rights of use of scarce resources,
including radio spectrum, numbers and rights of way, is carried out in an open, objective, timely,
transparent, non-discriminatory and proportionate manner and in pursuit of general interest
objectives. Procedures, conditions and obligations attached to rights of use, shall be based on
objective, transparent, non-discriminatory and proportionate criteria.
2. Each Party shall make the current use of allocated frequency bands publicly available, but
detailed identification of radio spectrum allocated for specific government uses is not required.
3. The measures of a Party allocating and assigning spectrum and managing frequency are not
measures that are per se inconsistent with Articles 10.5 and 11.7 Accordingly, each Party retains the
right to establish and apply spectrum and frequency management measures that may have the effect
of limiting the number of suppliers of telecommunications services, provided that it does so in a
manner consistent with this Agreement. This includes the ability to allocate frequency bands taking
into account current and future needs and spectrum availability.
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ARTICLE16.12
Number portability
Each Party shall ensure that suppliers of public telecommunications services in its territory provide
number portability, on a timely basis, and on reasonable terms and conditions.
ARTICLE 16.13
Universal service
1. Each Party has the right to define the kind of universal service obligations it wishes to
maintain, and to decide on their scope and implementation.
2. Universal service obligations will not be regarded as anti-competitive per se, provided that
they are administered in a proportionate, transparent, objective and non-discriminatory manner. The
administration of such obligations shall be neutral with respect to competition and not be more
burdensome than necessary for the kind of universal service defined by the Party.
3. Each Party shall ensure that procedures for the designation of universal service suppliers are
open to all suppliers of public telecommunications networks or services and shall designate
universal service suppliers through an efficient, transparent and non-discriminatory mechanism.
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4. If a Party decides to fund the provision of universal service by a supplier, it shall ensure that
such funding does not exceed the net cost caused by the universal service obligation.
ARTICLE 16.14
Confidentiality of information
1. Each Party shall ensure that suppliers of telecommunications networks or services that acquire
confidential information from another supplier of telecommunications networks or services in the
process of negotiating arrangements pursuant to Articles 16.5, 16.6, 16.9 and 16.10, use that
information solely for the purposes for which it was supplied and respect at all times the
confidentiality of such information.
2. Each Party shall ensure the confidentiality of telecommunications and related traffic data
transmitted in the use of public telecommunications networks or services, provided that any
measures it takes to that end are not applied in a manner which would constitute a means of
arbitrary or unjustifiable discrimination or a disguised restriction on trade in services.
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ARTICLE 16.15
Foreign shareholding
With regard to the provision of telecommunications networks or services, other than public radio
broadcasting, through commercial presence, a Party shall not impose joint venture requirements or
limit the participation of foreign capital in terms of maximum percentage limits on foreign
shareholding or the total value of individual or aggregate foreign investment.
ARTICLE 16.16
Open and non-discriminatory internet access
1. Each Party shall adopt or maintain measures to ensure that suppliers of internet access
services enable users of those services to access and distribute information, content and services of
their choice.
2. Paragraph 1 is without prejudice to the laws and regulations of a Party related to the
lawfulness of the information, content or services referred to in that paragraph.
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3. Notwithstanding paragraph 1, suppliers of internet access services may implement non-
discriminatory1, reasonable, transparent and proportionate network management measures which
are consistent with the laws and regulations of a Party.
4. Each Party shall adopt or maintain measures to ensure that suppliers of internet access
services enable users of those services to use devices of their choice, provided that such devices do
not harm the security of other devices, the network or services provided over the network.
ARTICLE 16.17
International mobile roaming
1. The Parties shall endeavour to cooperate on promoting transparent and reasonable rates for
international mobile roaming services in ways that can help promote the growth of trade among the
Parties and enhance consumer welfare.
2. Each Party may take steps to enhance transparency and competition with respect to
international mobile roaming rates and technological alternatives to roaming services, such as:
(a) ensuring that information regarding retail rates is easily accessible to the public; and
1 Subject to the exceptions provided in the laws and regulations of a Party.
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(b) minimising impediments to the use of technological alternatives to roaming, whereby users
visiting the territory of a Party from the territory of the other Party can access
telecommunications services using the device of their choice.
CHAPTER 17
INTERNATIONAL MARITIME TRANSPORT SERVICES
ARTICLE 17.1
Scope, definitions and principles
1. This Chapter sets out the principles regarding the liberalisation of international maritime
transport services pursuant to Chapters 10, 11 and 12.
2. For the purpose of this Chapter, and Chapters 10, 11 and 12 and of Annexes 10-A, 10-B
and 10-C:
(a) "container station and depot services" means activities consisting in storing containers,
whether in port areas or inland, with a view to their stuffing or stripping, repairing and
making them available for shipments;
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(b) customs clearance services" or "customs house brokers' services" means activities consisting
in carrying out on behalf of another party customs formalities concerning import, export or
through transport of cargoes, whether this service is the main activity of the service provider
or a usual complement of its main activity;
(c) "door-to-door or multimodal transport operations" means the transport of cargo using more
than one mode of transport, involving an international sea-leg, under a single transport
document;
(d) "feeder services" means the pre- and on-ward transportation by sea, between ports located in a
Party, of international cargo, notably containerised, en route to a destination outside the
territory of that Party;
(e) "freight forwarding services" means the activity consisting of organising and monitoring
shipment operations on behalf of shippers, through the acquisition of transport and related
services, preparation of documentation and provision of business information;
(f) "international cargo" means cargo transported between a port of one Party and a port of the
other Party or of a third country, or between a port of one Member State and a port of another
Member State;
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(g) "international maritime transport services" means the transport of passengers or cargo by sea-
going vessels between a port of one Party and a port of the other Party or of a third country,
including the direct contracting with providers of other transport services, with a view to
cover door-to-door or multimodal transport operations under a single transport document, but
not the right to provide such other transport services;
(h) "maritime agency services" means activities consisting in representing, within a given
geographic area, as an agent the business interests of one or more shipping lines or shipping
companies, for the following purposes:
(i) marketing and sales of maritime transport and related services, from quotation to
invoicing, and issuance of bills of lading on behalf of the companies, acquisition and
resale of the necessary related services, preparation of documentation, and provision of
business information; or
(ii) acting on behalf of the companies organising the call of the ship or taking over cargoes
when required;
(i) "maritime auxiliary services" means maritime cargo handling services, customs clearance
services, container station and depot services, maritime agency services and maritime freight
forwarding services; and
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(j) "maritime cargo handling services" means activities exercised by stevedore companies,
including terminal operators but not including the direct activities of dockers, when this
workforce is organised independently of the stevedoring or terminal operator companies; the
activities covered include the organisation and supervision of:
(i) the loading or discharging of cargo to or from a ship;
(ii) the lashing or unlashing of cargo; and
(iii) the reception or delivery and safekeeping of cargoes before shipment or after discharge.
3. In view of the existing levels of liberalisation between the Parties in international maritime
transport, the following principles apply:
(a) the Parties shall apply effectively the principle of unrestricted access to the international
maritime markets and trades on a commercial and non-discriminatory basis; and
(b) each Party shall grant to ships flying the flag of the other Party or operated by service
suppliers of the other Party treatment no less favourable than that accorded to its own ships,
including with regard to access to ports, use of infrastructure and services of ports, and use of
maritime auxiliary services, as well as related fees and charges, customs facilities and
assignment of berths and facilities for loading and unloading.
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4. In applying the principles referred to in paragraph 3, each Party shall:
(a) not introduce cargo-sharing arrangements in future agreements with third countries
concerning maritime transport services, including dry and liquid bulk and liner trade, and
terminate, within a reasonable period of time, such cargo-sharing arrangements in case they
exist in previous agreements; and
(b) as from the date of entry into force of this Agreement, abolish and abstain from introducing
any unilateral measures or administrative, technical or other obstacles which could constitute
a disguised restriction or have discriminatory effects on the free supply of services in
international maritime transport.
5. Each Party shall permit international maritime transport service suppliers of the other Party to
have an enterprise established and operating in its territory in accordance with the conditions
provided for in its schedule of specific commitments in Annexes 10-A, 10-B and 10-C,
respectively.
6. Each Party shall make available to international maritime transport suppliers of the other
Party on reasonable and non-discriminatory terms and conditions the following services at the port:
pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and
ballast waste disposal, port captain's services, navigation aids, shore-based operational services
essential to ship operations, including communications, water and electrical supplies, emergency
repair facilities, anchorage, berth and berthing services.
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7. Each Party shall permit the international maritime transport service suppliers of the other
Party to re-position owned or leased empty containers which are not being carried as cargo against
payment, between ports of Chile or between ports of a Member State.
CHAPTER 18
FINANCIAL SERVICES
ARTICLE 18.1
Scope
1. This Chapter applies to a measure adopted or maintained by a Party relating to:
(a) financial institutions of the other Party;
(b) investors of the other Party and financial institutions of such investors in the territory of the
Party; or
(c) cross-border trade in financial services.
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2. For greater certainty, Chapter 10 applies to a measure:
(a) relating to an investor of a Party in a covered enterprise as defined in subparagraph (d) of
Article 10.2(1) that is not a financial institution but is supplying a financial service in the
territory of the other Party, or to such covered enterprise; and
(b) other than a measure relating to the supply of financial services, relating to an investor of a
Party, or a covered enterprise established by that investor in the territory of the other Party
that is a financial institution.
3. The provisions of Chapters 10 and 11 apply to measures within the scope of this Chapter only
to the extent that those provisions are incorporated into and made part of this Chapter.
4. Articles 10.12 and 11.9 are incorporated into and made part of this Chapter.
5. This Chapter does not apply to a measure adopted or maintained by a Party relating to:
(a) activities conducted by a central bank or monetary authority or by any other public entity in
pursuit of monetary or exchange rate policies;
(b) activities or services forming part of a public retirement plan or statutory system of social
security; or
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(c) activities or services conducted for the account of the Party, with the guarantee or using the
financial resources of the Party, including its public entities.
6. Notwithstanding paragraph 5, this Chapter applies to the extent that a Party allows any of the
activities or services referred to in subparagraph (b) or (c) of paragraph 5 to be conducted by its
financial institutions in competition with a public entity or a financial institution.
7. Articles 18.3, 18.5, 18.6, 18.7, 18.8 and 18.9 do not apply with respect to public procurement.
8. Articles 18.3, 18.5, 18.6, 18.7 and 18.8 do not apply with respect to subsidies granted by a
Party, including government-supported loans, guarantees and insurances.
ARTICLE 18.2
Definitions
For the purposes of this Chapter and Annex 18:
(a) "cross-border financial service supplier of a Party" means a person of a Party that is engaged
in the business of supplying a financial service within the territory of the Party and that seeks
to supply, or supplies, a financial service through the cross-border supply of such service;
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(b) "cross-border supply of financial services" or "cross-border trade in financial services" means
the supply of a financial service:
(i) from the territory of a Party into the territory of the other Party; or
(ii) in the territory of a Party by a person of that Party to a services consumer of the other
Party;
(c) "financial institution" means a supplier of one or more financial services which is regulated or
supervised in respect of the supply of those services as a financial institution under the law of
the Party in whose territory it is located, including a branch in the territory of the Party of that
financial service supplier whose head offices are located in the territory of the other Party;
(d) "financial service" means a service of a financial nature, including insurance and insurance-
related services, banking and other financial services (excluding insurance). Financial services
include the following activities:
(i) insurance and insurance-related services:
(A) direct insurance (including co-insurance):
(1) life; and
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(2) non-life;
(B) reinsurance and retrocession;
(C) insurance inter-mediation, such as brokerage and agency; and
(D) services auxiliary to insurance, such as consultancy, actuarial, risk assessment and
claim settlement services; and
(ii) banking and other financial services (excluding insurance):
(A) acceptance of deposits and other repayable funds from the public;
(B) lending of all types, including consumer credit, mortgage credit, factoring and
financing of commercial transactions;
(C) financial leasing;
(D) all payment and money transmission services, including credit, charge and debit
cards, travellers cheques and bankers drafts;
(E) guarantees and commitments;
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(F) trading for own account or for account of customers, whether on an exchange, in
an over-the-counter market or otherwise, the following:
(1) money market instruments (including cheques, bills, certificates of
deposits);
(2) foreign exchange;
(3) derivative products including futures and options;
(4) exchange rate and interest rate instruments, including products such as
swaps and forward rate agreements;
(5) transferable securities; or
(6) other negotiable instruments and financial assets, including bullion;
(G) participation in issues of all kinds of securities, including underwriting and
placement as agent, whether publicly or privately, and provision of services
related to such issues;
(H) money broking;
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(I) asset management, such as cash or portfolio management, all forms of collective
investment management, pension fund management, and custodial, depository and
trust services;
(J) settlement and clearing services for financial assets, including securities,
derivative products and other negotiable instruments;
(K) provision and transfer of financial information, and financial data processing and
related software; and
(L) advisory, intermediation and other auxiliary financial services on all the activities
listed in subparagraphs (A) to (K), including credit reference and analysis,
investment and portfolio research and advice, and advice on acquisitions and on
corporate restructuring and strategy;
(e) "financial service supplier of a Party" means a natural or juridical person of a Party that seeks
to supply, or supplies, a financial service, but does not include a public entity;
(f) "investor of a Party" means a natural or juridical person of a Party that seeks to establish, is
establishing or has established a financial institution in the territory of the other Party;
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(g) "juridical person of a Party" means:
(i) for the European Union:
a juridical person constituted or organised under the law of the European Union or of at least
one of its Member States and engaged in substantive business operations1 in the territory of
the European Union; and
(ii) for Chile:
a juridical person constituted or organised under the law of Chile and engaged in substantive
business operations in the territory of Chile;
(h) "new financial service" means a service of a financial nature including services related to
existing and new products or the manner in which a product is delivered, that is not supplied
by any financial service supplier in the territory of a Party but which is supplied in the
territory of the other Party;
1 In line with its notification of the Treaty establishing the European Community to the WTO
(WT/REG39/1), the European Union understands that the concept of "effective and
continuous link" with the economy of a Member State of the European Union enshrined in
Article 54 of the TFEU is equivalent to the concept of "substantive business operations".
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(i) "public entity" means:
(i) a government, a central bank or a monetary authority, of a Party, or any entity owned or
controlled by a Party, that is principally engaged in carrying out governmental functions
or activities for governmental purposes, but does not include an entity principally
engaged in supplying financial services on commercial terms; or
(ii) a private entity, that performs functions normally performed by a central bank or
monetary authority, when exercising those functions; and
(j) "self-regulatory organisation" means a non-governmental body, including a securities or
futures exchange or market, clearing agency or other organisation or association, that
exercises regulatory or supervisory authority over financial service suppliers or financial
institutions by statute or delegation from central, regional or local governments or authorities,
where applicable.
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ARTICLE 18.3
National treatment
1. Each Party shall accord to investors in financial institutions of the other Party and to covered
enterprises that are financial institutions, with respect to the establishment, treatment no less
favourable than the treatment it accords, in like situations1, to its own investors in financial
institutions and to their enterprises that are financial institutions.
2. Each Party shall accord to investors in financial institutions of the other Party and to covered
enterprises that are financial institutions, with respect to the operation, treatment no less favourable
than the treatment it accords, in like situations1, to its own investors in financial institutions and to
their enterprises that are financial institutions.
3. The treatment accorded by a Party under paragraphs 1 and 2 means:
(a) with respect to a regional or local government of Chile, treatment no less favourable than the
most favourable treatment accorded, in like situations, by that level of government to
investors in financial institutions of Chile and to their enterprises that are financial institutions
in its territory;
1 For greater certainty, whether treatment is accorded in "like situations" requires a case-by-
case, fact-based analysis and depends on the totality of the situations.
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(b) with respect to a government of, or in, a Member State, treatment no less favourable than the
most favourable treatment accorded, in like situations, by that government to investors in
financial institutions of that Member State and to their enterprises that are financial
institutions in its territory1.
ARTICLE 18.4
Public procurement
1. Each Party shall ensure that financial institutions of the other Party established in its territory
are accorded treatment no less favourable than that accorded, in like situations, to its own financial
institutions with respect to any measure regarding the purchase of goods or services by a procuring
entity for governmental purposes.
2. The application of the national treatment obligation provided for in this Article remains
subject to security and general exceptions as set out in Article 21.3.
1 For greater certainty, the treatment accorded by a government of, or in, a Member State
includes the regional and local level of government, when applicable.
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ARTICLE 18.5
Most-favoured-nation treatment
1. Each Party shall accord to investors in financial institutions of the other Party and to covered
enterprises that are financial institutions, with respect to the establishment, treatment no less
favourable than the treatment it accords, in like situations1, to investors in financial institutions of a
third country and to their enterprises that are financial institutions.
2. Each Party shall accord to investors in financial institutions of the other Party and to covered
enterprises that are financial institutions with respect to the operation, treatment no less favourable
than the treatment it accords, in like situations1, to investors in financial institutions of a third
country and to their enterprises that are financial institutions.
3. Paragraphs 1 and 2 shall not be construed to oblige a Party to extend to investors in financial
institutions of the other Party or to covered enterprises that are financial institutions the benefit of
any treatment resulting from measures providing for the recognition of the standards, including of
the standards or criteria for the authorisation, licencing or certification of a natural person or
enterprise to carry out an economic activity, or of prudential measures.
1 For greater certainty, whether treatment is accorded in "like situations" requires a case-by-
case, fact-based analysis and depends on the totality of the situations.
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4. For greater certainty, the treatment referred to in paragraphs 1 and 2 does not include
investment dispute resolution procedures or mechanisms provided for in other international
investment treaties and other trade agreements. The substantive provisions in other international
investment treaties or trade agreements do not in themselves constitute "treatment" as referred to in
paragraphs 1 and 2, and thus cannot give rise to a breach of this Article, absent measures adopted or
maintained by a Party. Measures of a Party applied pursuant to such substantive provisions may
constitute "treatment" under this Article and thus give rise to a breach of this Article.
ARTICLE 18.6
Market access
1. In the sectors or subsectors listed in Sections B of Appendices 18-1 and 18-2 where market
access commitments are undertaken, a Party shall not adopt or maintain, with respect to market
access through establishment or operation of financial institutions by investors of the other Party,
either on the basis of its entire territory or on the basis of a regional subdivision, a measure that:
(a) limits the number of financial institutions, whether in the form of numerical quotas,
monopolies, exclusive service suppliers or the requirement of an economic needs test;
(b) limits the total value of financial service transactions or assets in the form of numerical quotas
or the requirement of an economic needs test;
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(c) limits the total number of financial service operations or the total quantity of financial
services output expressed in terms of designated numerical units in the form of quotas or the
requirement of an economic needs test;
(d) limits the total number of natural persons that may be employed in a particular financial
services sector or that a financial institution may employ and who are necessary for, and
directly related to, the supply of a specific financial service, in the form of numerical quotas
or the requirement of an economic needs test; or
(e) restricts or requires specific types of legal entity or joint venture through which a financial
institution may supply a service.
2. For greater certainty, this Article does not prevent a Party from requiring a financial
institution to supply certain financial services through separate legal entities if, under the law of that
Party, the range of financial services supplied by the financial institution may not be supplied
through a single entity.
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ARTICLE 18.7
Cross-border supply of financial services
1. Articles 11.4, 11.5, 11.6 and 11.7 are incorporated into and made part of this Chapter and
apply to measures affecting cross-border financial service suppliers supplying the financial services
specified in Sections A of Appendices 18-1 and 18-2.
2. A Party shall permit persons located in its territory, and its natural persons wherever located,
to purchase financial services from cross-border financial service suppliers of the other Party
located in the territory of the other Party. This obligation does not require a Party to permit those
suppliers to do business or solicit in its territory. A Party may define "do business" and "solicit" for
the purposes of this obligation, provided that those definitions are not inconsistent with paragraph 1
of this Article.
3. Without prejudice to other means of prudential regulation of cross-border trade in financial
services, a Party may require the registration or authorisation of cross-border financial service
suppliers of the other Party and of financial instruments.
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ARTICLE 18.8
Senior management and boards of directors
A Party shall not require that a financial institution of the other Party, which is established in its
territory, appoints natural persons of a particular nationality as members of boards of directors or to
a senior management position, such as executives or managers.
ARTICLE 18.9
Performance requirements
1. A Party shall not, in connection with the establishment or operation of any financial
institution of a Party or of a third country in its territory, impose or enforce any requirement or
enforce any commitment or undertaking to:
(a) export a given level or percentage of goods or services;
(b) achieve a given level or percentage of domestic content;
(c) purchase, use or accord a preference to goods produced or services provided in its territory, or
to purchase goods or services from natural persons or enterprises in its territory;
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(d) relate in any way the volume or value of imports to the volume or value of exports or to the
amount of foreign exchange inflows associated with such financial institution;
(e) restrict sales of goods or services in its territory that such financial institution produces or
provides by relating such sales in any way to the volume or value of its exports or foreign
exchange earnings;
(f) transfer technology, a production process or other proprietary knowledge to a natural person
or an enterprise in its territory;
(g) supply exclusively from the territory of the Party the goods it produces or the services it
supplies to a specific regional or world market;
(h) locate the headquarters of that financial institution for a specific region of the world, which is
broader than the territory of the Party, or the world market in its territory;
(i) hire a given number or percentage of its nationals; or
(j) restrict the exportation or sale for export.
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2. A Party shall not condition the receipt or continued receipt of an advantage, in connection
with the establishment or the operation of any financial institution of a Party or of a third country in
its territory, on compliance with any of the following requirements:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use or accord a preference to goods produced or services provided in its territory,
or to purchase goods or services from natural persons or enterprises in its territory;
(c) to relate in any way the volume or value of imports to the volume or value of exports or to the
amount of foreign exchange inflows associated with such financial institution;
(d) to restrict sales of goods or services in its territory that such financial institution produces or
provides by relating such sales in any way to the volume or value of its exports or foreign
exchange earnings; or
(e) to restrict the exportation or sale for export.
3. Paragraph 2 shall not be construed as preventing a Party from conditioning the receipt or
continued receipt of an advantage, in connection with the establishment or the operation of financial
institutions in its territory by an investor of a Party or a third country, on compliance with a
requirement to locate production, provide a service, train or employ workers, construct or expand
particular facilities, or carry out research and development, in its territory.
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4. Subparagraph (f) of paragraph 1 does not apply if:
(a) a Party authorises use of an intellectual property right in accordance with Article 31 or 31bis
of the TRIPS Agreement or adopts or maintains measures requiring the disclosure of data or
proprietary information that falls within the scope of, and are consistent with, paragraph 3 of
Article 39 of the TRIPS Agreement; or
(b) the requirement is imposed or the commitment or undertaking is enforced by a court,
administrative tribunal, or competition authority in order to remedy a practice determined
after judicial or administrative process to be a violation of the competition laws of the Party.
6. Subparagraphs (a), (b) and (c) of paragraph 1 and subparagraphs (a) and (b) of paragraph 2 do
not apply to qualification requirements for goods or services with respect to participation in export
promotion and foreign aid programmes.
7. Subparagraphs (a) and (b) of paragraph 2 do not apply to requirements imposed by an
importing Party relating to the content of goods necessary to qualify for preferential tariffs or
preferential quotas.
8. For greater certainty, this Article shall not be construed as requiring a Party to permit a
particular service to be supplied on a cross-border basis where that Party adopts or maintains
restrictions or prohibitions on such provision of services which are consistent with the reservations,
conditions or qualifications specified with respect to a sector, subsector or activity listed in
Annex 18.
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9. This Article is without prejudice to commitments of a Party made under the WTO Agreement.
ARTICLE 18.10
Non-conforming measures
1. Articles 18.3, 18.5, 18.7, 18.8 and 18.9 do not apply to:
(a) any existing non-conforming measure that is maintained by:
(i) for the European Union:
(A) the European Union, as set out in Section C of Appendix 18-1;
(B) the central government of a Member State, as set out in Section C of
Appendix 18-1;
(C) a regional level of government of a Member State, as set out in Section C of
Appendix 18-1; or
(D) a local level of government; and
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(ii) for Chile:
(A) the central government, as set out in Section C of Appendix 18-2;
(B) a regional level of government, as set out in Section C of Appendix 18-2; or
(C) a local level of government;
(b) the continuation or prompt renewal of any non-conforming measure referred to in
subparagraph (a); or
(c) a modification to any non-conforming measure referred to in subparagraph (a) of this
paragraph to the extent that the modification does not decrease the conformity of the measure
as it existed immediately before the modification, with Articles 18.3, 18.5, 18.7, 18.8 or 18.9.
2. Articles 18.3, 18.5, 18.7, 18.8 and 18.9 do not apply to any measure of a Party with respect to
sectors, subsectors or activities, as set out by that Party in Section D of Appendices 18-1 and 18-2,
respectively.
3. A Party shall not, under any measure adopted after the date of entry into force of this
Agreement and covered by Section D of Appendices 18-1 and 18-2, respectively, require an
investor of the other Party, by reason of its nationality, to sell or otherwise dispose of its financial
institution existing at the time the measure becomes effective.
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4. Article 18.6 does not apply to any measure of a Party with respect to sectors, subsectors or
activities as set out by that Party in Section B of Appendices 18-1 and 18-2, respectively.
5. Where a Party has set out a reservation to Articles 10.6, 10.8, 10.9, 10.10, 11.4 or 11.5 in
Annex 10-A or 10-B, the reservation also constitutes a reservation to Articles 18.3, 18.5, 18.7, 18.8
or 18.9, as the case may be, to the extent that the measure, sector, sub-sector or activity set out in
the reservation is covered by this Chapter.
ARTICLE 18.11
Prudential carve-out
1. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures for
prudential reasons, such as:
(a) for the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty
is owed by a financial service supplier; or
(b) to ensure the integrity and stability of the financial system of a Party.
2. Where such measures do not conform with the provisions of this Agreement, they shall not be
used as a means of avoiding the commitments or obligations of the Party under this Agreement.
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ARTICLE 18.12
Treatment of information
Nothing in this Agreement shall be construed to require a Party to disclose information relating to
the affairs and accounts of individual customers or any confidential or proprietary information in
the possession of public entities.
ARTICLE 18.13
Domestic regulation and transparency
1. Chapter 13, with the exception of subparagraphs (c) to (f) of Article 13.1(5), and Chapter 29
do not apply to measures of a Party within the scope of this Chapter.
2. To the extent practicable and in a manner consistent with its legal system for adopting
measures, each Party shall:
(a) publish in advance:
(i) the laws and regulations of general application it proposes to adopt in relation to matters
falling within the scope of this Chapter; or
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(ii) documents that provide sufficient details about such possible new laws and regulations
to allow interested persons and the other Party to assess whether and how their interests
might be significantly affected;
(b) provide interested persons and the other Party a reasonable opportunity to submit comments
on any proposed laws and regulations or documents published pursuant to subparagraph (a);
(c) consider any comments submitted in accordance with subparagraph (b); and
(d) allow a reasonable time between the publication of any laws and regulations pursuant to
subparagraph (a)(i) and the date on which financial service suppliers must comply with them.
3. This Article applies to measures of a Party relating to licensing requirements and procedures,
and qualification requirements and procedures, and it applies only in sectors for which the Party has
undertaken specific commitments under this Chapter, and to the extent that those specific
commitments apply.
4. If a Party adopts or maintains measures relating to the authorisation for the supply of a
financial service, it shall ensure that:
(a) those measures are based on objective and transparent criteria1;
1 Such criteria may include, inter alia, competence and the ability to supply a service, including
the ability to do so in a manner consistent with the regulatory requirements of a Party.
Competent authorities may assess the weight to be given to each criterion.
& /en 115
(b) the authorisation procedures are impartial, and adequate for applicants to demonstrate whether
they meet the requirements, if such requirements exist; and
(c) the authorisation procedures do not in themselves unjustifiably prevent fulfilment of the
requirements.
5. If a Party requires authorisation1 for the supply of a financial service it shall promptly publish
or otherwise make publicly available the information necessary for the applicant to comply with the
requirements and procedures for obtaining, maintaining, amending and renewing such
authorisation. Such information shall include, inter alia, where available:
(a) the requirements and procedures for obtaining, maintaining, amending and renewing such
authorisation;
(b) contact information of relevant competent authorities;
(c) procedures for appeal or review of decisions concerning applications;
(d) procedures for monitoring or enforcing compliance with the terms and conditions of licenses
and qualifications; and
1 For the purposes of this Chapter, "authorisation" means the permission to supply a financial
service, resulting from a procedure to which an applicant must adhere in order to demonstrate
compliance with licensing requirements or qualification requirements.
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(e) opportunities for public involvement, such as through hearings or comments.
6. If a Party requires authorisation for the supply of a financial service, the competent authorities
of that Party shall:
(a) to the extent practicable, permit an applicant to submit an application at any time throughout
the year1;
(b) allow a reasonable period of time for the submission of an application if specific time periods
for applications exist;
(c) initiate the processing of the application without undue delay;
(d) endeavour to accept applications in electronic format under the same conditions of
authenticity as paper submissions; and
(e) accept copies of documents, which are authenticated in accordance with the law of the Party,
in place of original documents, unless they require original documents to protect the integrity
of the authorisation process.
7. Each Party shall endeavour to make authorisation procedures and formalities as simple as
possible and shall not unduly complicate or delay the provision of the financial service.
1 For greater certainty, competent authorities are not required to start considering applications
outside of their official working hours and working days.
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8. Each Party shall endeavour to establish the indicative timeframe for processing an application
and shall, upon request of the applicant and without undue delay, provide information concerning
the status of the application.
9. If a competent authority considers an application incomplete for processing under the laws
and regulations of the Party, it shall, within a reasonable period of time, and to the extent
practicable:
(a) inform the applicant that the application is incomplete;
(b) at the request of the applicant, identify the additional information required to complete the
application, or otherwise provide guidance on why the application is considered incomplete;
and
(c) provide the applicant with the opportunity1 to submit the additional information required to
complete the application;
10. If none of the actions set out in subparagraphs (a), (b) or (c) of paragraph 9 is practicable, the
competent authorities shall nevertheless, if the application is rejected due to incompleteness, ensure
that they inform the applicant thereof within a reasonable period of time.
1 Such opportunity does not require a competent authority to provide extensions of deadlines.
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11. Each Party shall ensure that its competent authorities, with respect to authorisation fees1 that
they charge, provide applicants with a schedule of fees or information on how fee amounts are
determined, and do not use the fees as a means of avoiding the commitments or obligations of the
Party.
12. A competent authority shall take its decision in an independent manner and not be
accountable to any person supplying the services for which the licence or authorisation is required.
13. Each Party shall ensure that the processing of an application, including reaching a final
decision, is completed within a reasonable timeframe after the date of submission of a complete
application and that the applicant is informed of the decision concerning the application, to the
extent possible, in writing.
12. If an application is rejected by the competent authority, the applicant shall be informed, either
at its own request or upon the initiative of the competent authority, in writing and without undue
delay. To the extent practicable, the applicant shall be informed of the reasons for the decision to
reject the application and of the timeframe for an appeal against that decision. An applicant should
be permitted, within reasonable time limits, to resubmit an application.
15. If examinations are required for an authorisation, the competent authority shall ensure that
such examinations are organised at reasonably frequent intervals and provide a reasonable period of
time to enable applicants to request to take the examination.
1 Authorisation fees do not include fees for the use of natural resources, payments for auction,
tendering or other non-discriminatory means of awarding concessions, or mandated
contributions to universal service provision.
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16. Each Party shall ensure that an authorisation, once granted, enters into effect without undue
delay in accordance with the terms and conditions specified therein.
ARTICLE 18.14
Financial services new to the territory of a Party
1. A Party shall permit a financial institution of the other Party, other than a branch, to supply
any new financial service that the former Party would permit its own financial institutions to supply
in accordance with its law, in like situations, provided that the introduction of the new financial
services does not require new laws or regulations or the modification of existing laws or
regulations.
2. A Party may determine the institutional and juridical form through which the new financial
service may be supplied and may require authorisation for the supply of the service. If such
authorisation is required, a decision shall be made within a reasonable period of time and the
authorisation may only be refused for prudential reasons.
3. This Article does not prevent a financial institution of a Party from applying to the other Party
to consider authorising the supply of a financial service that is not supplied within the territory of
either Party. Such application is subject to the law of the Party receiving the application and is not
subject to the obligations of this Article.
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ARTICLE 18.15
Self-regulatory organisations
When a Party requires a financial institution or a cross-border financial service supplier of the other
Party to be a member of, participate in, or have access to, a self-regulatory organisation in order to
provide a financial service in or into the territory of the former Party, it shall ensure that the
self-regulatory organisation observes the obligations set out in Articles 10.6, 10.8, 11.4 and 11.5.
ARTICLE 18.16
Payment and clearing systems
Under terms and conditions that accord national treatment, each Party shall grant to financial
institutions of the other Party established in its territory access to payment and clearing systems
operated by public entities, and to official funding and refinancing facilities available in the normal
course of ordinary business. This Article is not intended to confer access to the lender of last resort
facilities of the Party.
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ARTICLE 18.17
Sub-Committee on Financial Services
1. The Sub-Committee on Financial Services ("Sub-Committee"), established pursuant to
Article 33.4(1), shall be composed of representatives of the Parties responsible for financial
services.
2. The Sub-Committee shall:
(a) supervise the implementation of this Chapter;
(b) consider issues regarding financial services that are referred to it by a Party; and
(c) carry out a dialogue on the regulation of the financial services sector with a view to improving
mutual knowledge of the respective regulatory systems of the Parties and to cooperate in the
development of international standards.
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ARTICLE 18.18
Technical discussions and consultations
1. A Party may request technical discussions and consultations with the other Party regarding
any matter arising under this Agreement that affects financial services. The other Party shall give
sympathetic consideration to that request. The Parties shall report the results of their discussions
and consultations to the Sub-Committee.
2. Each Party shall ensure that in those technical discussions and consultations, its delegation
includes officials with the relevant expertise in financial services.
3. For greater certainty, nothing in this Article shall be construed as requiring a Party to:
(a) derogate from its relevant laws and regulations regarding the sharing of information among
financial regulators or from the requirements of an agreement or arrangement between
financial authorities of the Parties; or
(b) require regulatory authorities to take any action that would interfere with specific regulatory,
supervisory, administrative, or enforcement matters.
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4. Nothing in this Article shall be construed as impeding a Party that requires information for
supervisory purposes concerning a financial institution located in the territory of the other Party or a
cross-border financial service supplier of the other Party, from approaching the competent
regulatory authority of the other Party to seek the information.
5. For greater certainty, this Article is without prejudice to either Party's rights and obligations
under Chapter 31.
ARTICLE 18.19
Dispute settlement
1. Chapter 31, including Annexes 31-A and 31-B, applies as modified by this Article to the
settlement of disputes concerning the application or interpretation of this Chapter.
2. In addition to the requirements set out in Article 31.9, panellists shall have expertise or
experience in financial services law or practice, which may include the regulation of financial
institutions, unless the Parties agree otherwise.
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3. The Sub-Committee shall recommend the Trade Committee the establishment of a list of at
least 15 individuals, fulfilling the requirements referred to in paragraph 2, who are willing and able
to serve as panellists. The Trade Committee shall establish such list no later than one year after the
date of entry into force of this Agreement. The list shall be composed of three sub-lists:
(a) one sub-list of individuals established on the basis of proposals by the European Union;
(b) one sub-list of individuals established on the basis of proposals by Chile; and
(c) one sub-list of individuals that are not nationals of either Party and who shall serve as
chairperson to the panel.
4. Each sub-list shall include at least five individuals. The Trade Committee shall ensure that the
list is always maintained at this minimum number of individuals.
5. For the purposes of this Chapter, the list referred to in paragraph 3 of this Article shall, after
establishment, replace the list established pursuant to Article 31.8(1).
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CHAPTER 19
DIGITAL TRADE
SECTION A
GENERAL PROVISIONS
ARTICLE 19.1
Scope
1. This Chapter applies to trade enabled by electronic means.
2. This Chapter does not apply to audio-visual services.
ARTICLE 19.2
Definitions
1. The definitions in Articles 10.2 and 11.2 apply to this Chapter.
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2. For the purposes of this Chapter:
(a) "consumer" means any natural person, or juridical person if provided for in the laws and
regulations of a Party, using or requesting a public telecommunications service for purposes
outside its trade, business or profession;
(b) "direct marketing communication" means any form of commercial advertising by which a
natural or juridical person communicates marketing messages directly to end-users via a
public telecommunications service and covers at least electronic mail and text and multimedia
messages;
(c) "electronic authentication" means a process that enables to confirm:
(i) the electronic identification of a natural or juridical person; or
(ii) the origin and integrity of data in electronic form;
(d) "electronic seal" means data in electronic form used by a juridical person which is attached to,
or logically associated with, other data in electronic form to ensure the origin and integrity of
that other data;
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(e) "electronic signature" means data in electronic form which is attached to, or logically
associated with, other data in electronic form, and fulfils the following requirements:
(i) it is used by a natural person to agree on the data in electronic form to which it relates;
and
(ii) it is linked to the data in electronic form to which it relates in such a way that any
subsequent alteration in the data in electronic form is detectable;
(f) "electronic trust services" means an electronic service consisting of the creation, verification,
and validation of electronic signatures, electronic seals, electronic time stamps, electronic
registered delivery, website authentication and certificates related to that service;
(g) "end-user" means any natural or juridical person using or requesting a public
telecommunications service, either as a consumer or, if provided for in the laws and
regulations of a Party, for trade, business or professional purposes;
(h) "personal data" means personal data as defined in subparagraph (u) of Article 1.3; and
(i) "public telecommunications service" means public telecommunications service as defined in
subparagraph (j) of Article 16.2.
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ARTICLE 19.3
Right to regulate
The Parties reaffirm the right to regulate within their territories to achieve legitimate policy
objectives, such as the protection of public health, social services, education, safety, the
environment, including climate change, public morals, social or consumer protection, privacy and
data protection, or the promotion and protection of cultural diversity.
ARTICLE 19.4
Exceptions
Nothing in this Chapter prevents the Parties from adopting or maintaining measures in accordance
with Articles 18.11, 32.1 and 32.2 for the public interest reasons set out therein.
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SECTION B
DATA FLOWS AND PERSONAL DATA PROTECTION
ARTICLE 19.5
Cross-border data flows
The Parties are committed to ensuring cross-border data flows to facilitate digital trade. To that end,
a Party shall not restrict cross-border data flows between the Parties by:
(a) requiring the use of computing facilities or network elements in the territory of that Party for
processing, including by imposing the use of computing facilities or network elements that are
certified or approved in the territory of that Party;
(b) requiring the localisation of data in the territory of that Party for storage or processing;
(c) prohibiting storage or processing in the territory of the other Party; or
(d) making the cross-border transfer of data contingent upon the use of computing facilities or
network elements in the territory of that Party or upon localisation requirements in the
territory of that Party.
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ARTICLE 19.6
Protection of personal data and privacy
1. Each Party recognises that the protection of personal data and privacy is a fundamental right
and that high standards in this regard contribute to trust in the digital economy and to the
development of trade.
2. Each Party may adopt and maintain the measures it deems appropriate to ensure the protection
of personal data and privacy, including the adoption and application of rules for the cross-border
transfer of personal data. Nothing in this Agreement shall affect the protection of personal data and
privacy afforded by the measures of a Party.
SECTION C
SPECIFIC PROVISIONS
ARTICLE 19.7
Customs duties on electronic transmissions
A Party shall not impose customs duties on electronic transmissions between a person of that Party
and a person of the other Party.
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ARTICLE 19.8
No prior authorisation
1. A Party shall not require prior authorisation solely on the ground that a service is provided
online1, or adopt or maintain any other requirement having equivalent effect.
2. Paragraph 1 does not apply to telecommunications services, broadcasting services, gambling
services, legal representation services, or to services of notaries or equivalent professions to the
extent that they involve a direct and specific connection with the exercise of public authority.
ARTICLE 19.9
Conclusion of contracts by electronic means
1. Each Party shall ensure that its laws and regulations allow contracts to be concluded by
electronic means and that the legal requirements for contractual processes do not create obstacles
for the use of contracts concluded by electronic means or result in such contracts being deprived of
legal effect and validity for having been concluded by electronic means.
1 A service is provided online when it is provided by electronic means and without the persons
being simultaneously present.
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2. Paragraph 1 does not apply to:
(a) broadcasting services, gambling services and legal representation services;
(b) services of notaries or equivalent professions involving a direct and specific connection with
the exercise of public authority; and
(c) contracts that establish or transfer rights in real estate, contracts requiring by law the
involvement of courts, public authorities or professions exercising public authority, contracts
of suretyship granted and or collateral securities furnished by persons acting for purposes
outside their trade, business or profession and contracts governed by family law or by the law
of succession.
ARTICLE 19.10
Electronic trust services and electronic authentication
1. A Party shall not deny the legal effect and admissibility as evidence in judicial or
administrative proceedings of an electronic trust service and an electronic authentication on the
basis that it is in electronic form.
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2. A Party shall not adopt or maintain measures that would:
(a) prohibit parties to an electronic transaction from mutually determining the appropriate method
of electronic authentication for their transaction; or
(b) prevent parties to an electronic transaction from having the opportunity to prove to judicial or
administrative authorities that their electronic transaction complies with any legal
requirements with respect to electronic trust services and electronic authentication.
3. Notwithstanding paragraph 2, a Party may require that for a particular category of electronic
transactions, the method of electronic authentication or electronic trust service:
(a) is certified by an authority accredited in accordance with its law; or
(b) meets certain performance standards which shall be objective, transparent and non-
discriminatory and only relate to the specific characteristics of the category of electronic
transactions concerned.
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ARTICLE 19.11
Online consumer trust
1. The Parties recognise the importance of enhancing consumer trust in digital trade. Each Party
shall adopt or maintain measures to ensure the effective protection of consumers engaging in
electronic commerce transactions, including measures that:
(a) proscribe fraudulent and deceptive commercial practices;
(b) require suppliers of goods and services to act in good faith and abide by fair commercial
practices, including through the prohibition of charging consumers for unsolicited goods and
services;
(c) require suppliers of goods or services to provide consumers with clear and thorough
information regarding their identity and contact details1, as well as regarding the goods or
services, the transaction and the applicable consumer rights; and
(d) grant consumers access to redress to claim their rights, including a right to remedies in cases
where goods or services are paid and not delivered or provided as agreed.
1 In the case of intermediary service suppliers, this also includes the identity and contact details
of the actual supplier of the good or the service.
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2. The Parties recognise the importance of cooperation between their respective national
consumer protection agencies or other relevant bodies on activities related to electronic commerce
in order to enhance consumer trust.
ARTICLE 19.12
Unsolicited direct marketing communications
1. Each Party shall ensure that end-users are effectively protected against unsolicited direct
marketing communications.
2. Each Party shall adopt or maintain effective measures regarding unsolicited direct marketing
communications that:
(a) require suppliers of unsolicited direct marketing communications to ensure that recipients are
able to prevent ongoing reception of those communications; or
(b) require the consent, as specified according to its laws and regulations, of recipients to receive
direct marketing communications.
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3. Each Party shall ensure that direct marketing communications are clearly identifiable as such,
clearly disclose on whose behalf they are made and contain the necessary information to enable
end-users to request cessation free of charge and at any moment.
ARTICLE 19.13
Prohibition of mandatory transfer of or access to source code
1. A Party shall not require the transfer of, or access to, source code of software owned by a
natural or juridical person of the other Party. This paragraph does not apply to the voluntary transfer
of, or granting of access to, source code on a commercial basis by a person of the other Party, for
instance in the context of a public procurement transaction or a freely negotiated contract. Nothing
in this paragraph prevents a person of a Party from licencing its software on a free and open-source
basis.
2. For greater certainty, Articles 18.11, 32.1 and 32.2 can apply to measures of a Party adopted
or maintained in the context of a certification procedure.
3. Nothing in this Article shall affect:
(a) requirements by a court, administrative tribunal or competition authority to remedy a
violation of competition law;
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(b) protection and enforcement of intellectual property rights; or
(c) the right of a Party to take measures in accordance with Article 21.3.
ARTICLE 19.14
Cooperation on regulatory issues with regard to digital trade
1. The Parties shall cooperate by exchanging information on their respective law, as well as on
the implementation of that law, related to regulatory issues arising from digital trade, including:
(a) the recognition and facilitation of interoperable cross-border electronic trust and electronic
authentication;
(b) the treatment of direct marketing communications;
(c) the protection of consumers online; and
(d) any other regulatory issue relevant for the development of digital trade.
2. The Parties shall maintain a dialogue based on the exchange of information referred to in
paragraph 1.
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3. This Article does not apply to the rules and measures of a Party for the protection of personal
data and privacy, including on cross-border transfer of personal data.
ARTICLE 19.15
Review
Upon request of either Party, the Sub-Committee on Services and Investment referred to in
Article 11.10 shall review the implementation of this Chapter, particularly in light of relevant
changes affecting digital trade that might arise from new business models or technologies. The
Sub-Committee on Services and Investment shall report its findings and may make any necessary
recommendations to the Trade Committee.
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CHAPTER 20
CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS
AND TEMPORARY SAFEGUARD MEASURES
ARTICLE 20.1
Objective and scope
The objective of this Chapter is to enable the free movement of capital and payments related to
transactions liberalised under this Agreement.1
ARTICLE 20.2
Current account
Without prejudice to other provisions of this Agreement, each Party shall allow, in freely
convertible currency and in accordance with the Articles of the Agreement of the International
Monetary Fund adopted in Bretton Woods, New Hampshire on 22 July 1944, any payments and
transfers with regard to transactions on the current account of the balance of payments that fall
within the scope of this Agreement.
1 For greater certainty, this Chapter is subject to Annex 20.
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ARTICLE 20.3
Capital movements
Without prejudice to other provisions of this Agreement, each Party shall allow, with regard to
transactions on the capital and financial account of the balance of payments, the free movement of
capital for the purpose of liberalisation of investment and other transactions as provided for in
Chapter 10, 11 and 18.
ARTICLE 20.4
Application of laws and regulations relating to capital movements, payments or transfers
1. Articles 20.2 and 20.3 shall not be construed as preventing a Party from applying its laws and
regulations relating to:
(a) bankruptcy, insolvency or the protection of the rights of creditors;
(b) issuing, trading or dealing in financial instruments such as securities, futures or derivatives;
(c) financial reporting or record keeping of capital movements, payments or transfers if necessary
to assist law enforcement or financial regulatory authorities;
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(d) criminal or penal offenses, deceptive or fraudulent practices;
(e) ensuring compliance with orders or judgments in judicial or administrative proceedings; or
(f) social security, public retirement or compulsory savings schemes.
2. The laws and regulations referred to in paragraph 1 of this Article shall be applied in an
equitable and non-discriminatory manner, and not in a way that would constitute a disguised
restriction on capital movements, payments or transfers.
ARTICLE 20.5
Temporary safeguard measures
In exceptional circumstances of serious difficulties for the operation of the economic and monetary
union of the European Union, or threat thereof, the European Union may adopt or maintain
safeguard measures with regard to capital movements, payments or transfers for a period not
exceeding six months. Those measures shall be limited to the extent that is strictly necessary.
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ARTICLE 20.6
Restrictions in case of balance of payments and external financial difficulties
1. If a Party experiences serious balance of payments or external financial difficulties, or threat
thereof, it may adopt or maintain restrictive measures with regard to capital movements, payments
or transfers1.
2. The measures referred to in paragraph 1 of this Article shall:
(a) be consistent with the Articles of the Agreement of the International Monetary Fund, as
applicable;
(b) not exceed those necessary to deal with the situation specified in paragraph 1 of this Article;
(c) be temporary and shall be phased out progressively as the situation specified in paragraph 1 of
this Article improves;
(d) avoid unnecessary damage to the commercial, economic and financial interests of the other
Party; and
1 For greater certainty, serious balance of payments or external financial difficulties, or threat
thereof, may be caused among other factors by serious difficulties related to monetary or
exchange rate policies, or threat thereof.
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(e) be non-discriminatory as compared to third countries in like situations.
3. In the case of trade in goods, a Party may adopt or maintain restrictive measures in order to
safeguard its external financial position or its balance of payments. These measures shall be in
accordance with GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the
General Agreement on Tariffs and Trade 1994.
4. In the case of trade in services, a Party may adopt or maintain restrictive measures in order to
safeguard its external financial position or its balance of payments. These measures shall be in
accordance with Article XII of GATS.
5. A Party that adopts or maintains measures referred to in paragraphs 1 and 2 of this Article
shall promptly notify them to the other Party.
6. If restrictive measures are adopted or maintained under this Article, the Parties shall promptly
hold consultations in the Sub-Committee on Services and Investment, unless such consultations are
held in other fora to which both Parties are members. The consultations shall assess the balance of
payments or external financial difficulties that led to the respective measures, taking into account,
inter alia, such factors as:
(a) the nature and extent of the difficulties;
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(b) the external economic and trading environment; and
(c) alternative corrective measures which may be available.
7. The consultations held pursuant to paragraph 6 shall address the compliance of the restrictive
measures with paragraphs 1 and 2 of this Article. Those consultations shall be based on all relevant
findings of statistical or factual nature presented by the International Monetary Fund ("IMF"),
where available, and their conclusions shall take into account the assessment by the IMF of the
balance of payments and the external financial situation of the Party concerned.
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CHAPTER 21
PUBLIC PROCUREMENT
ARTICLE 21.1
Definitions
For the purposes of this Chapter and Annexes 21-A and 21-B:
(a) "commercial goods or services" means goods or services of a type generally sold or offered
for sale in the commercial marketplace to, and customarily purchased by, non-governmental
buyers for non-governmental purposes;
(b) "construction service" means a service that has as its objective the realisation by whatever
means of civil or building works, based on Division 51 of the CPC;
(c) "electronic auction" means an iterative process that involves the use of electronic means for
the presentation by suppliers of either new prices, or new values for quantifiable non-price
elements of the tender related to the evaluation criteria, or both, resulting in a ranking or re-
ranking of tenders;
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(d) "in writing" or "written" means any worded or numbered expression that can be read,
reproduced and later communicated; it may include electronically transmitted and stored
information;
(e) "limited tendering" means a procurement method whereby the procuring entity contacts a
supplier or suppliers of its choice;
(f) "measure" means any law, regulation, procedure, administrative guidance or practice, or any
action of a procuring entity relating to a covered procurement;
(g) "multi-use list" means a list of suppliers that a procuring entity has determined satisfy the
conditions for participation in that list, and that the procuring entity intends to use more than
once;
(h) "notice of intended procurement" means a notice published by a procuring entity inviting
interested suppliers to submit a request for participation, a tender, or both;
(i) "offset" means any condition or undertaking that encourages local development or improves a
Party's balance-of-payments accounts, such as the use of domestic content, the licensing of
technology, investment, counter-trade and similar action or requirement;
(j) "open tendering" means a procurement method whereby all interested suppliers may submit a
tender;
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(k) "procuring entity" means an entity covered under Section A, B or C of Annex 21-A or 21-B;
(l) "qualified supplier" means a supplier that a procuring entity recognises as having satisfied the
conditions for participation;
(m) "selective tendering" means a procurement method whereby only qualified suppliers are
invited by the procuring entity to submit a tender;
(n) "services" includes construction services, unless otherwise specified;
(o) "standard" means a document approved by a recognised body that provides for common and
repeated use, rules, guidelines or characteristics for goods or services, or related processes and
production methods, with which compliance is not mandatory; it may also include or deal
exclusively with terminology, symbols, packaging, marking or labelling requirements as they
apply to a good, service, process or production method;
(p) "supplier" means a person or group of persons that provides or could provide goods or
services; and
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(q) "technical specification" means a tendering requirement that:
(i) sets out the characteristics of:
(A) goods to be procured, including quality, performance, safety and dimensions, or
the processes and methods for their production; or
(B) services to be procured, including quality, performance, safety or the processes or
methods for their provision; or
(ii) addresses terminology, symbols, packaging, marking or labelling requirements, as they
apply to a good or service.
ARTICLE 21.2
Scope and coverage
1. This Chapter applies to any measure regarding covered procurement, whether or not it is
conducted exclusively or partially by electronic means.
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2. For the purposes of this Chapter, "covered procurement" means procurement for
governmental purposes:
(a) of a good, a service, or any combination thereof:
(i) as specified in Annex 21-A or 21-B; and
(ii) not procured with a view to commercial sale or resale, or for use in the production or
supply of a good or a service for commercial sale or resale;
(b) by any contractual means, including purchase, lease and rental or hire purchase, with or
without an option to buy;
(c) for which the value, as estimated in accordance with paragraphs 6 to 8, equals or exceeds the
relevant threshold specified in Annex 21-A or 21-B, at the time of publication of a notice in
accordance with Article 21.6;
(d) by a procuring entity; and
(e) that is not otherwise excluded from coverage pursuant to paragraph 3 of this Article or in
Annex 21-A or 21-B.
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3. Except where provided otherwise in Annex 21-A or 21-B, this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings or other immovable property or the rights
thereon;
(b) non-contractual agreements or any form of assistance that a Party provides, including
cooperative agreements, grants, loans, subsidies, equity infusions, guarantees and fiscal
incentives;
(c) the procurement or acquisition of fiscal agency or depository services, liquidation and
management services for regulated financial institutions or services related to the sale,
redemption and distribution of public debt, including loans and government bonds, notes and
other securities;
(d) public employment contracts;
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development
aid;
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(ii) under the particular procedure or condition of an international agreement relating to the
stationing of troops or relating to the joint implementation by the signatory countries of
a project; or
(iii) under the particular procedure or condition of an international organisation, or funded
by international grants, loans or other assistance if the applicable procedure or condition
would be inconsistent with this Chapter; or
(f) financial services.
4. A procurement subject to this Chapter shall be all procurement covered by Annex 21-A
or 21-B, in which each Party's commitments are set out as follows:
(a) in Section A of Annexes 21-A and 21-B, the central government entities whose procurement
is covered by this Chapter;
(b) in Section B of Annexes 21-A and 21-B, the sub-central government entities whose
procurement is covered by this Chapter;
(c) in Section C of Annexes 21-A and 21-B, all other entities whose procurement is covered by
this Chapter;
(d) in Section D of Annexes 21-A and 21-B, the goods covered by this Chapter;
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(e) in Section E of Annexes 21-A and 21-B, the services, other than construction services,
covered by this Chapter;
(f) in Section F of Annexes 21-A and 21-B, the construction services covered by this Chapter;
(g) in Section G of Annexes 21-A and 21-B, public works concessions covered by this Chapter;
(h) in Section H of Annexes 21-A and 21-B, any General Notes;
(i) in Section I of Annexes 21-A and 21-B, the media in which the Party publishes its
procurement notices, award notices, and other information related to its public procurement
system as set out in this Chapter;
(j) in Section J of Annex 21-B, the conversion rate to be used for the threshold values.
5. If a procuring entity, in the context of covered procurement, requires persons not covered
under Annex 21-A or 21-B to procure in accordance with particular requirements, Article 21.4 shall
apply mutatis mutandis to such requirements.
6. In estimating the value of a procurement for the purpose of ascertaining whether it is a
covered procurement, a procuring entity:
(a) shall not divide a procurement into separate procurements or select or use a particular
valuation method for estimating the value of a procurement with the intention of totally or
partially excluding it from the application of this Chapter; and
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(b) shall include the estimated maximum total value of the procurement over its entire duration,
whether awarded to one or more suppliers, taking into account all forms of remuneration,
including:
(i) premiums, fees, commissions and interest; and
(ii) if the procurement provides for the possibility of options, the total value of such
options.
7. If an individual requirement for a procurement results in the award of more than one contract,
or in the award of contracts in separate parts ("recurring contracts") the calculation of the estimated
maximum total value shall be based on:
(a) the value of recurring contracts of the same type of good or service awarded during the
preceding 12 months or the procuring entity's preceding fiscal year, adjusted, if possible, to
take into account anticipated changes in the quantity or value of the good or service being
procured over the following 12 months; or
(b) the estimated value of recurring contracts of the same type of good or service to be awarded
during the 12 months following the initial contract award or the procuring entity's fiscal year.
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8. In the case of procurement by lease, rental or hire purchase of goods or services, or
procurement for which a total price is not specified, the basis for valuation shall be:
(a) in case of a fixed-term contract:
(i) if the term of the contract is 12 months or less, the total estimated maximum value for
its duration;
(ii) if the term of the contract exceeds 12 months, the total estimated maximum value,
including any estimated residual value;
(b) if the contract is for an indefinite period, the estimated monthly instalment multiplied by 48;
(c) if it is not certain whether the contract is to be a fixed-term contract, subparagraph (b) shall
apply.
ARTICLE 21.3
Security and general exceptions
1. Nothing in this Chapter shall be construed to prevent a Party from taking any action or not
disclosing any information that it considers necessary for the protection of its essential security
interests relating to the procurement of arms, ammunition or war materials, or to procurement
indispensable for national security or for national defence purposes.
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2. Subject to the requirement that such measures are not applied in a manner that would
constitute a means of arbitrary or unjustifiable discrimination between Parties where the same
conditions prevail, or a disguised restriction on international trade, nothing in this Chapter shall be
construed to prevent a Party from imposing or enforcing measures:
(a) necessary to protect public morals, order or safety;
(b) necessary to protect human, animal or plant life or health;
(c) necessary to protect intellectual property; or
(d) relating to goods or services of persons with disabilities, of philanthropic institutions or of
prison labour.
3. The Parties understand that subparagraph (b) of paragraph 2 includes environmental measures
necessary to protect human, animal or plant life or health.
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ARTICLE 21.4
General principles
Non-discrimination
1. With respect to any measure regarding covered procurement, each Party, including its
procuring entities, shall accord immediately and unconditionally to the goods and services of the
other Party and to the suppliers of the other Party offering goods or services of either Party,
treatment no less favourable than the treatment that the Party, including its procuring entities,
accords to its own goods, services and suppliers.
2. With respect to any measure regarding covered procurement, a Party, including its procuring
entities, shall not:
(a) treat a locally established supplier less favourably than another locally established supplier on
the basis of the degree of foreign affiliation or ownership; or
(b) discriminate against a locally established supplier on the basis that the goods or services
offered by that supplier for a particular procurement are goods or services of the other Party.
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Use of electronic means
3. The Parties shall ensure that all communication and information exchange for covered
procurement are performed using electronic means, including for the publication of procurement
information, notices and tender documentation, and for the receipt of tenders. When conducting
covered procurement by electronic means, a procuring entity shall:
(a) ensure that the procurement is conducted using information technology systems and software,
including those related to authentication and encryption of information, that are generally
available and interoperable with other generally available information technology systems and
software;
(b) establish and maintain mechanisms that ensure the integrity of requests for participation and
tenders, including establishment of the time of receipt and the prevention of inappropriate
access; and
(c) use electronic means of information and communication for the publication of notices and
tender documentation in procurement procedures and to the widest extent practicable for the
submission of tenders.
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Conduct of procurement
4. A procuring entity shall conduct covered procurement in a transparent and impartial manner
that:
(a) is consistent with this Chapter, using methods such as open tendering, selective tendering and
limited tendering; and
(b) prevents conflicts of interest and corrupt practices, in accordance with relevant laws.
Rules of origin
5. For the purposes of public procurement covered by this Chapter, a Party shall not apply rules
of origin to goods imported from the other Party that are different from the rules of origin which
that Party applies in the normal course of trade to imports of the same goods.
Offsets
6. With regard to covered procurement, a Party, including its procuring entities, shall not seek,
take account of, impose or enforce any offset at any stage of a procurement.
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Measures not specific to procurement
7. Paragraphs 1 and 2 shall not apply to customs duties and charges of any kind imposed on, or
in connection with, importation; the method of levying such duties and charges; other import
regulations or formalities and measures affecting trade in services other than measures governing
covered procurement.
Anti-corruption measures
8. Each Party shall ensure that it has appropriate measures in place to address and prevent
corruption in their public procurement. Such measures may include procedures to render ineligible
for participation in the Party's procurements, either indefinitely or for a stated period of time,
suppliers that the judicial authorities of the Party have determined by final decision to have engaged
in bribery, fraud or other illegal actions in relation to public procurement in the territory of that
Party. Each Party shall also ensure that it has in place policies and procedures to eliminate to the
extent possible or manage any potential conflict of interest on the part of those engaged in or having
influence over procurement.
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ARTICLE 21.5
Information on the procurement system
1. Each Party shall:
(a) promptly publish any law, regulation, judicial decision, administrative ruling of general
application, standard contract clause mandated by law or regulation and incorporated by
reference in notices or tender documentation and procedure regarding covered procurement,
and any modifications thereof, in the relevant electronic or paper media officially designated
at national level, which shall be widely disseminated and remain readily accessible to the
public; and
(b) provide an explanation thereof to the other Party, upon request.
2. Each Party shall list, in Section I of Annex 21-A or 21-B, respectively:
(a) the electronic or paper media in which the Party publishes the information set out in
paragraph 1;
(b) the electronic or paper media in which the Party publishes the notices required by
Articles 21.6, 21.8(9) and 21.17(2) ; and
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(c) the website address or addresses where the Party publishes:
(i) its procurement statistics pursuant to Article 21.17(4); or
(ii) its notices concerning awarded contracts pursuant to Article 21.17(5).
3. Each Party shall promptly notify the Sub-Committee referred to in Article 21.21 of any
modification to the Party's information listed in Section I of Annex 21-A or 21- B, respectively.
ARTICLE 21.6
Notices
Notice of intended procurement
1. For each covered procurement, a procuring entity shall publish a notice of intended
procurement, except in the circumstances described in Article 21.14.
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2. Except as otherwise provided in this Chapter, each notice of intended procurement shall
include:
(a) the name and address of the procuring entity and other information necessary to contact the
procuring entity and obtain all relevant documents relating to the procurement, and their cost
and terms of payment, if any;
(b) a description of the procurement, including the nature and the quantity of the goods or
services to be procured or, where the quantity is not known, the estimated quantity;
(c) for recurring contracts, an estimate, if possible, of the timing of subsequent notices of
intended procurement;
(d) a description of any options;
(e) the time-frame for delivery of goods or services or the duration of the contract;
(f) the procurement method that will be used and whether it will involve negotiation or electronic
auction mechanism;
(g) where applicable, the address and any final date for the submission of requests for
participation in the procurement;
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(h) the address and the final date for the submission of tenders;
(i) the language or languages in which tenders or requests for participation may be submitted, if
they may be submitted in a language other than an official language of the Party of the
procuring entity;
(j) a list and brief description of any conditions for participation of suppliers, including any
requirements for specific documents or certifications to be provided by suppliers in
connection therewith, unless such requirements are included in tender documentation that is
made available to all interested suppliers at the same time as the notice of intended
procurement;
(k) where, pursuant to Article 21.8, a procuring entity intends to select a limited number of
qualified suppliers to be invited to tender, the criteria that will be used to select them and,
where applicable, any limitation on the number of suppliers that will be permitted to tender;
and
(l) an indication that the procurement is covered by this Chapter.
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Summary notice
3. For each case of intended procurement, a procuring entity shall publish a summary notice that
is readily accessible, at the same time as the publication of the notice of intended procurement, in
one of the WTO official languages1. The summary notice shall contain at least the following
information:
(a) the subject-matter of the procurement;
(b) the final date for the submission of tenders or, where applicable, any final date for the
submission of requests for participation in the procurement or for inclusion on a multi-use list;
and
(c) the address from which documents relating to the procurement may be requested.
Notice of planned procurement
4. Procuring entities are encouraged to publish as early as possible in each fiscal year a notice
regarding their future procurement plans ("notice of planned procurement"). The notice of planned
procurement should include the subject-matter of the procurement and the planned date of the
publication of the notice of intended procurement.
1 For greater certainty, WTO official languages are English, Spanish and French.
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5. A procuring entity covered under Sections B or C of Annex 21-A or 21-B may use a notice of
planned procurement as a notice of intended procurement provided that the notice of planned
procurement includes as much of the information referred to in paragraph 2 of this Article as is
available to the entity and a statement that interested suppliers should express their interest in the
procurement to the procuring entity.
Rules common to notices
6. The notice of intended procurement, summary notice and notice of planned procurement,
shall be directly accessible by electronic means, free of charge, through a single point of access on
the internet. In addition, the notices may also be published in an appropriate paper medium, which
shall be widely disseminated and shall remain readily accessible to the public, at least until
expiration of the time period indicated in the notice.
The appropriate paper and electronic medium is listed by each Party in Section I of Annex 21-A or
21-B respectively.
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7. Notwithstanding the requirements set out in paragraph 6 regarding the accessibility of the
notices of intended procurement, summary notices and notices of planned procurement, by
electronic means free of charge through a single point of access, Chile shall, from the date of entry
into force of this Agreement and for the transition period of three years until the single point of
access is fully operational, establish a gateway site, as a temporary alternative to a single point of
access, which should be accessible free of charge and should provide links to the platforms or
websites on which the notices are published. The gateway shall contain links to a maximum of four
websites, that are:
(a) Mercado público;
(b) Ministerio de Obras Públicas;
(c) Dirección General de Concesiones; and
(d) Diario Oficial.
8. The Parties shall foresee a periodical review of paragraph 7 of this Article, including a
discussion within the Sub-Committee referred to in Article 21.21, in particular on the status of
implementation of the single point of access.
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ARTICLE 21.7
Conditions for participation
1. A procuring entity shall limit any conditions for participation in a procurement to those that
are essential to ensure that a supplier has the legal and financial capacities and the commercial and
technical abilities to undertake the relevant procurement.
2. In establishing the conditions for participation, a procuring entity:
(a) shall not impose the condition that, in order for a supplier to participate in a procurement, that
supplier has previously been awarded one or more contracts by a procuring entity of a Party;
(b) may require relevant prior experience, where essential to meet the requirements of the
procurement; and
(c) shall not require prior experience in the territory of the Party to be a condition of the
procurement.
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3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity:
(a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier
on the basis of that supplier's business activities both inside and outside the territory of the
Party of the procuring entity; and
(b) shall base its evaluation on the conditions that the procuring entity has specified in advance in
notices or tender documentation.
4. Where there is supporting evidence, and provided that this is not applied in a manner that
would constitute a means of arbitrary or unjustifiable discrimination between the Parties, a Party,
including its procuring entities, may exclude a supplier on grounds such as:
(a) bankruptcy;
(b) false declarations;
(c) significant or persistent deficiencies in performance of any substantive requirement or
obligation under a prior contract or contracts;
(d) final judgments in respect of serious crimes or other serious offences;
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(e) grave professional misconduct or acts or omissions that adversely reflect on the commercial
integrity of the supplier; or
(f) failure to pay taxes.
ARTICLE 21.8
Qualification of suppliers
Registration systems and qualification procedures
1. A Party, including its procuring entities, may maintain a supplier registration system under
which interested suppliers are required to register and provide certain information. In this case, the
Party shall ensure that interested suppliers have access to information on the registration system
through electronic means and that they may request registration at any time. The competent
authority shall inform them within a reasonable period of time of the decision to grant or reject this
request. If the request is rejected, the decision must be duly motivated.
2. Each Party shall ensure that:
(a) its procuring entities make efforts to minimise differences in their qualification procedures;
and
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(b) if its procuring entities maintain registration systems, the entities make efforts to minimise
differences in their registration systems.
3. A Party, including its procuring entities, shall not adopt or apply a registration system or
qualification procedure with the purpose or the effect of creating unnecessary obstacles to the
participation of suppliers of the other Party in its procurement.
Selective tendering
4. If a procuring entity intends to use selective tendering, it shall:
(a) include in the notice of intended procurement at least the information specified in
subparagraphs (a), (b), (f), (g), (j), (k) and (l) of Article 21.6(2) and invite suppliers to submit
a request for participation; and
(b) provide, by the commencement of the time period for tendering, at least the information in
subparagraphs (c), (d), (e), (h) and (i) of Article 21.6(2) to the qualified suppliers that it
notifies as specified in subparagraph (b) of Article 21.12(3).
5. A procuring entity shall allow all qualified suppliers to participate in a particular procurement,
unless the procuring entity states in the notice of intended procurement any limitation on the
number of suppliers that will be permitted to tender and the criteria or justification for selecting the
limited number of suppliers. An invitation to submit a tender shall be addressed to a number of
suppliers that is necessary to ensure competition.
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6. Where the tender documentation is not made publicly available from the date of publication
of the notice referred to in paragraph 4, a procuring entity shall ensure that those documents are
made available at the same time to all the qualified suppliers selected in accordance with
paragraph 5.
Multi-use lists
7. A procuring entity may maintain a multi-use list of suppliers, provided that a notice inviting
interested suppliers to apply for inclusion on the list is:
(a) published annually; and
(b) if published by electronic means, made available continuously, in the appropriate medium
listed in Section I of Annexes 21-A and 21-B.
8. The notice provided for in paragraph 7 shall include:
(a) a description of the goods or services, or categories thereof, for which the list may be used;
(b) the conditions for participation that the suppliers shall satisfy to be included in the list, and the
methods that the procuring entity will use to verify that a supplier satisfies the conditions;
(c) the name and address of the procuring entity and other information necessary to contact the
entity and obtain all relevant documents relating to the list;
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(d) the period of validity of the list and the means for its renewal or termination or, if the period
of validity is not provided, an indication of the method by which notice of the termination of
use of the list will be given; and
(e) an indication that the list may be used for procurement covered by this Chapter.
9. Notwithstanding paragraph 7, if a multi-use list is valid for three years or less, a procuring
entity may publish the notice referred to in paragraph 7 only once, at the beginning of the period of
validity of the list, provided that the notice:
(a) states the period of validity and that further notices will not be published; and
(b) is published by electronic means and is made available continuously during the period of its
validity.
10. A procuring entity shall allow suppliers to apply at any time for inclusion on a multi-use list
and shall include on the list all qualified suppliers within a reasonably short time.
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11. Where a supplier that is not included on a multi-use list submits a request for participation in a
procurement based on a multi-use list and all required documents, within the time period provided
for in Article 21.10(2), a procuring entity shall examine the request. The procuring entity shall not
exclude the supplier from consideration in respect of the procurement on the grounds that the entity
has insufficient time to examine the request, unless, in exceptional cases, due to the complexity of
the procurement, the entity is not able to complete the examination of the request within the time
period allowed for the submission of tenders.
Entities in Sections B and C of Annex 21-A or 21-B
12. A procuring entity covered under Section B or C of Annex 21-A or 21-B may use a notice
inviting suppliers to apply for inclusion on a multi-use list as a notice of intended procurement,
provided that:
(a) the notice is published in accordance with paragraph of this Article 7 and includes the
information required under paragraph 8 of this Article, as much of the information required
under Article 21.6.2(2) as is available, and a statement that it constitutes a notice of intended
procurement or that only the suppliers on the multi-use list will receive further notices of
procurement covered by the multi-use list; and
(b) the entity promptly provides to suppliers that have expressed an interest in a given
procurement to the entity, sufficient information to permit them to assess their interest in the
procurement, including all remaining information required in Article 21.6.2(2), to the extent
such information is available.
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13. A procuring entity covered under Section B or C of Annex 21-A or 21-B may allow a supplier
that has applied for inclusion on a multi-use list in accordance with paragraph 10 of this Article to
tender in a given procurement, where there is sufficient time for the procuring entity to examine
whether the supplier satisfies the conditions for participation.
Information on procuring entity decisions
14. A procuring entity shall promptly inform any supplier that submits a request for participation
in a procurement or application for inclusion on a multi-use list of the procuring entity's decision
with respect to the request or application.
15. If a procuring entity rejects a supplier's request for participation in a procurement or
application for inclusion on a multi-use list, ceases to recognise a supplier as qualified, or removes a
supplier from a multi-use list, the entity shall promptly inform the supplier and, on request of the
supplier, promptly provide the supplier with a written explanation of the reasons for its decision.
ARTICLE 21.9
Technical specifications
1. A procuring entity shall not prepare, adopt or apply any technical specification or prescribe
any conformity assessment procedure with the purpose or the effect of creating unnecessary
obstacles to international trade.
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2. In prescribing the technical specifications for the goods or services being procured, a
procuring entity shall, if appropriate:
(a) set out the technical specification in terms of performance and functional requirements, rather
than design or descriptive characteristics; and
(b) base the technical specification on international standards, if such exist; otherwise, on national
technical regulations, recognised national standards or building codes.
3. If design or descriptive characteristics are used in the technical specifications, a procuring
entity should indicate, if appropriate, that it will consider tenders of equivalent goods or services
that demonstrably fulfil the requirements of the procurement by including words such as "or
equivalent" in the tender documentation.
4. A procuring entity shall not prescribe technical specifications that require or refer to a
particular trademark or trade name, patent, copyright, design, type, specific origin, producer or
supplier, unless there is no other sufficiently precise or intelligible way of describing the
procurement requirements and provided that, in such cases, the entity includes words such as "or
equivalent" in the tender documentation.
5. A procuring entity shall not seek or accept, in a manner that would have the effect of
precluding competition, advice that may be used in the preparation or adoption of any technical
specification for a specific procurement from a person that may have a commercial interest in the
procurement.
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6. For greater certainty, a Party, including its procuring entities, may, in accordance with this
Article, prepare, adopt or apply technical specifications to promote the conservation of natural
resources or protect the environment.
ARTICLE 21.10
Tender Documentation
1. A procuring entity shall make available to suppliers tender documentation that include all
information necessary to permit suppliers to prepare and submit responsive tenders. Unless already
provided in the notice of intended procurement, such documentation shall include a complete
description of:
(a) the procurement, including the nature and the quantity of the goods or services to be procured
or, where the quantity is not known, the estimated quantity and any requirements to be
fulfilled, including any technical specifications, conformity assessment certification, plans,
drawings or instructional materials;
(b) any conditions for participation of suppliers, including a list of information and documents
that suppliers are required to submit in connection with the conditions for participation;
(c) all evaluation criteria the entity will apply in the awarding of the contract and, unless price is
the sole criterion, the relative importance of that criteria;
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(d) if the procuring entity will conduct the procurement by electronic means, any authentication
and encryption requirements or other requirements related to the submission of information
by electronic means;
(e) if the procuring entity will hold an electronic auction, the rules, including identification of the
elements of the tender related to the evaluation criteria, on which the auction will be
conducted;
(f) if there will be a public opening of tenders, the date, time and place for the opening and, if
appropriate, the persons authorised to be present;
(g) any other terms or conditions, including terms of payment and any limitation on the means by
which tenders may be submitted, such as whether on paper or by electronic means; and
(h) any dates for the delivery of goods or the supply of services.
2. In establishing any date for the delivery of goods or the supply of services being procured, a
procuring entity shall take into account such factors as the complexity of the procurement, the
extent of subcontracting anticipated, and the realistic time required for production, de-stocking and
transport of goods from the point of supply or for supply of services.
3. The evaluation criteria set out in the notice of intended procurement or tender documentation
may include, among others, price and other cost factors, quality, technical merit, environmental
characteristics and terms of delivery.
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4. A procuring entity shall promptly:
(a) make available tender documentation to ensure that interested suppliers have sufficient time
to submit responsive tenders;
(b) provide, on request, the tender documentation to any interested supplier; and
(c) reply to any reasonable request for relevant information by any interested or participating
supplier within the time period established in each Party's legislation, provided that such
information does not give that supplier an advantage over other suppliers.
Modifications
5. If a procuring entity modifies the criteria or requirements set out in the notice of intended
procurement or tender documentation provided to participating suppliers, or amends or reissues a
notice or tender documentation, it shall transmit in writing all such modifications or the amended or
re-issued notice or tender documentation:
(a) to all suppliers that are participating at the time of the modification, amendment or re-
issuance, if such suppliers are known to the entity, and in all other cases, in the same manner
as the original information was made available; and
(b) in adequate time, considering the nature and complexity of the procurement, to allow such
suppliers to modify and re-submit modified tenders, as appropriate.
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ARTICLE 21.11
Environmental and social considerations
1. A Party may allow its procuring entities to use environmental and social considerations
throughout the procurement procedure provided that they are not discriminatory, they are consistent
with the prohibition of offsets in Article 21.4(6), and they are linked to the subject matter of the
contract.
2. For greater certainty, environmental and social considerations shall not be prepared, adopted
or applied in a manner that constitutes a means of arbitrary or unjustifiable discrimination between
the Parties or a disguised restriction of trade between the Parties.
ARTICLE 21.12
Time periods
1. A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for
suppliers to prepare and submit requests for participation and responsive tenders, taking into
account factors such as:
(a) the nature and complexity of the procurement;
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(b) the extent of subcontracting anticipated; and
(c) the necessary time for transmitting tenders by non-electronic means from foreign, as well as
domestic points where electronic means are not used.
Such time periods, including any extensions thereof, shall be the same for all interested or
participating suppliers.
2. A procuring entity which uses selective tendering shall establish that the final date for the
submission of requests for participation shall not, in principle, be earlier than 25 days from the date
of publication of the notice of intended procurement. If a state of urgency duly substantiated by the
procuring entity renders such time period impracticable, the time period may be reduced to no less
than 10 days.
3. Except as provided for in paragraphs 4, 5, 7 and 8, a procuring entity shall establish that the
final date for the submission of tenders is not earlier than 40 days from the date on which:
(a) in the case of open tendering, the notice of intended procurement is published; or
(b) in the case of selective tendering, the entity notifies suppliers that they will be invited to
submit tenders, whether or not it uses a multi-use list, in the case of selective tendering.
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4. A procuring entity may reduce the time period for tendering established in accordance with
paragraph 3 to no less than 10 days if:
(a) the procuring entity has published a notice of planned procurement as described in
Article 21.6(4) at least 40 days and not more than 12 months in advance of the publication of
the notice of intended procurement, and the notice of planned procurement contains:
(i) a description of the procurement;
(ii) the approximate final dates for the submission of tenders or requests for participation;
(iii) a statement that interested suppliers should express their interest in the procurement to
the procuring entity;
(iv) the address from which documents relating to the procurement may be obtained; and
(v) as much of the information that is required for the notice of intended procurement under
Article 21.6(2), as is available;
(b) the procuring entity, for contracts of a recurring nature, indicates in an initial notice of
intended procurement that subsequent notices will establish time periods for tendering based
on this paragraph; or
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(c) a state of urgency duly substantiated by the procuring entity renders the time period for
tendering established in accordance with paragraph 3 impracticable.
5. A procuring entity may reduce the time period for tendering established in accordance with
paragraph 3 by five days for each of the following circumstances:
(a) the notice of intended procurement is published by electronic means;
(b) all the tender documentation is made available by electronic means from the date of the
publication of the notice of intended procurement; and
(c) the entity accepts tenders by electronic means.
6. The application of paragraph 5, in conjunction with paragraph 4, shall in no case result in the
reduction of the time period for tendering established in accordance with paragraph 3 to less than
10 days from the date on which the notice of intended procurement is published.
7. Notwithstanding any other provision in this Article, if a procuring entity purchases
commercial goods or services, or any combination thereof, it may reduce the time period for
tendering established in accordance with paragraph 3 to no less than 13 days, provided that it
publishes by electronic means, at the same time, both the notice of intended procurement and the
tender documentation. In addition, i the entity accepts tenders for commercial goods or services by
electronic means, it may reduce the time period established in accordance with paragraph 3 to no
less than 10 days.
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8. If a procuring entity covered under Section B or C of Annex 21-A or 21-B has selected all or
a limited number of qualified suppliers, the time period for tendering may be fixed by mutual
agreement between the procuring entity and the selected suppliers. In the absence of agreement, the
period shall not be less than 10 days.
ARTICLE 21.13
Negotiation
1. A Party may provide for its procuring entities to conduct negotiations with suppliers in the
context of covered procurement:
(a) if the entity has indicated its intent to conduct negotiations in the notice of intended
procurement required under Article 21.6(2); or
(b) if it appears from the evaluation that no tender is obviously the most advantageous in terms of
the specific evaluation criteria set out in the notice of intended procurement or tender
documentation.
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2. A procuring entity shall:
(a) ensure that any elimination of suppliers participating in negotiations is carried out in
accordance with the evaluation criteria set out in the notice of intended procurement or tender
documentation; and
(b) if negotiations are concluded, provide a common deadline for the remaining participating
suppliers to submit any new or revised tenders.
ARTICLE 21.14
Limited tendering
1. Provided that it does not use this provision for the purpose of avoiding competition among
suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic
suppliers, a procuring entity may use limited tendering and may choose not to apply Article 21.6,
Article 21.7, Article 21.8, Article 21.10, and Articles 21.12, 21.13, 21.15 and 21.16 under any of the
following circumstances:
(a) if:
(i) tenders were not submitted or suppliers did not request participation;
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(ii) none of the submitted tenders conform to the essential requirements of the tender
documentation;
(iii) none of the suppliers satisfied the conditions for participation; or
(iv) the tenders submitted have been declared collusive by the competent authority provided
that the requirements of the tender documentation are not substantially modified;
(b) if the goods or services can be supplied only by a particular supplier and no reasonable
alternative or substitute goods or services exist for any of the following reasons:
(i) the requirement is for a work of art;
(ii) the protection granted by patents, copyrights or other exclusive rights; or
(iii) an absence of competition for technical reasons;
(c) for additional deliveries by the original supplier of goods or services that were not included in
the initial procurement if a change of supplier for such additional goods or services:
(i) cannot be made for economic or technical reasons such as requirements of
interchangeability or interoperability with existing equipment, software, services or
installations procured under the initial procurement; and
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(ii) would cause significant inconvenience or substantial duplication of costs for the
procuring entity;
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events
unforeseeable by the procuring entity, the goods or services could not be obtained in time
using open tendering or selective tendering;
(e) for goods purchased on a commodity market;
(f) where a procuring entity procures a prototype or a first good or service that is developed at its
request in the course of, and for, a particular contract for research, experiment, study or
original development; original development of a first good or service may include limited
production or supply in order to incorporate the results of field testing and to demonstrate that
the good or service is suitable for production or supply in quantity to acceptable quality
standards, but does not include quantity production or supply to establish commercial viability
or to recover research and development costs;
(g) for purchases made under exceptionally advantageous conditions that only arise in the very
short term in case of unusual disposals such as those arising from liquidation, receivership or
bankruptcy, but not for routine purchases from regular suppliers; or
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(h) where a contract is awarded to a winner of a design contest, provided that:
(i) the contest has been organised in a manner that is consistent with the principles of this
Chapter, in particular relating to the publication of a notice of intended procurement;
and
(ii) the participants are judged by an independent jury with a view to a design contract
being awarded to a winner.
2. A procuring entity shall prepare a report in writing on each contract awarded under
paragraph 1. The report shall include the name of the procuring entity, the value and kind of goods
or services procured and a statement indicating the circumstances and conditions set out in
paragraph 1 that justified the use of limited tendering.
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ARTICLE 21.15
Electronic auctions
Where a procuring entity intends to conduct a covered procurement using an electronic auction, the
entity shall provide each participant, before commencing the electronic auction, with:
(a) the automatic evaluation method, including the mathematical formula, that is based on the
evaluation criteria set out in the tender documentation and that will be used in the automatic
ranking or re-ranking during the auction;
(b) the results of any initial evaluation of the elements of its tender where the contract is to be
awarded on the basis of the most advantageous tender; and
(c) any other relevant information relating to the conduct of the auction.
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ARTICLE 21.16
Treatment of tenders and awarding of contracts
Treatment of Tenders
1. A procuring entity shall receive, open and treat all tenders under procedures that guarantee the
fairness and impartiality of the procurement process, and the confidentiality of tenders.
2. A procuring entity shall not penalise any supplier whose tender is received after the deadline
specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring
entity.
3. If a procuring entity provides a supplier with an opportunity to correct unintentional errors of
form between the opening of tenders and the awarding of the contract, the procuring entity shall
provide the same opportunity to all participating suppliers.
Awarding of Contracts
4. To be considered for an award, a tender shall be submitted in writing and shall, at the time of
opening, comply with the essential requirements set out in the notices and tender documentation,
and be from a supplier that satisfies the conditions for participation.
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5. Unless a procuring entity determines that it is not in the public interest to award a contract, the
entity shall award the contract to the supplier that the entity has determined to be capable of
fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the
notices and tender documentation, has submitted:
(a) the most advantageous tender; or
(b) the lowest price, if price is the sole criterion.
6. Where a procuring entity receives a tender with a price that is abnormally lower than the
prices in other tenders submitted, it may verify with the supplier that it satisfies the conditions for
participation and is capable of fulfilling the terms of the contract.
7. A procuring entity shall not use options, cancel a procurement or modify awarded contracts in
a manner that circumvents the obligations under this Chapter.
8. Each Party shall make its best efforts to provide, as a general rule, a standstill period between
the award and the conclusion of a contract, in order to give sufficient time to unsuccessful bidders
to review and challenge the award decision.
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ARTICLE 21.17
Transparency of procurement information
Information provided to suppliers
1. A procuring entity shall promptly inform participating suppliers of the entity's contract award
decisions and, on request of a supplier, shall do so in writing. Subject to Article 21.18(2) and (3) a
procuring entity shall, upon request, provide an unsuccessful supplier with an explanation of the
reasons why the entity did not select its tender, and the relative advantages of the successful
supplier's tender.
Publication of Award Information
2. Not later than 72 days after the award of each contract covered by this Chapter, a procuring
entity shall publish a notice in the appropriate paper or electronic medium listed in Section I of
Annex 21-A and 21-B. Where the entity publishes the notice only in an electronic medium, the
information shall remain readily accessible for a reasonable period of time. The notice shall include
at least the following information:
(a) a description of the goods or services procured;
(b) the name and address of the procuring entity;
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(c) the name of the successful supplier;
(d) the value of the successful tender or the highest and lowest offers taken into account in the
award of the contract;
(e) the date of award; and
(f) the type of procurement method used, and, in cases where limited tendering was used in
accordance with Article 21.14, a description of the circumstances justifying the use of limited
tendering.
Maintenance of Documentation, Reports and Electronic Traceability
3. Each procuring entity shall, for a period of at least three years from the date it awards a
contract, maintain:
(a) the documentation and reports of tendering procedures and contract awards relating to
covered procurement, including the reports required under Article 21.14; and
(b) data that ensures the appropriate traceability of the conduct of covered procurement by
electronic means.
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Exchange of Statistics
4. On request of the other Party, and with a view to the discussions in the Sub-Committee
referred to in Article 21.21, each Party shall make available to the other Party statistics on covered
procurement of goods, services and construction services, including, to the maximum extent
possible, statistics on works concessions. In accordance with Article 21.23, the Parties shall
cooperate to achieve a better understanding of each other's public procurement statistics.
5. If a Party requires notices concerning awarded contracts, pursuant to paragraph 2, to be
published electronically and if such notices are accessible to the public through a single database in
a form permitting analysis of the covered contracts, the Party may, instead of reporting to the Sub-
Committee referred to in Article 21.21, provide a link to the website, together with any instructions
necessary to access and use such data.
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ARTICLE 21.18
Disclosure of information
Provision of information to Parties
1. On request of the other Party, a Party shall promptly provide any information necessary to
determine whether a procurement was conducted fairly, impartially and in accordance with this
Chapter, including information on the characteristics and relative advantages of the successful
tender. In cases where release of the information would prejudice competition in future tenders, the
Party that receives the information shall not disclose it to any supplier, except after consulting with,
and obtaining the consent of, the Party that provided the information.
Non-disclosure of information
2. Notwithstanding any other provision of this Chapter, a Party, including its procuring entities,
shall not, except to the extent required by law or with the written authorisation of the supplier that
provided the information, disclose information that would prejudice legitimate commercial interests
of a particular supplier or that might prejudice fair competition between suppliers.
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3. Nothing in this Chapter shall be construed to require a Party, including its procuring entities,
authorities and review bodies, to disclose confidential information if disclosure:
(a) would impede law enforcement;
(b) might prejudice fair competition between suppliers;
(c) would prejudice the legitimate commercial interests of particular persons, including the
protection of intellectual property; or
(d) would otherwise be contrary to the public interest.
ARTICLE 21.19
Domestic review procedures
1. Each Party shall provide a timely, effective, transparent and non-discriminatory
administrative or judicial review procedure through which a supplier may challenge the following,
arising in the context of a covered procurement in which the supplier has, or has had, an interest:
(a) a breach of this Chapter; or
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(b) a failure to comply with a Party's measures implementing this Chapter, where the supplier
does not have the right to challenge directly a breach of this Chapter under the laws of a Party.
The procedural rules for all challenges shall be in writing and made generally available.
2. In the event of a complaint by a supplier, arising in the context of covered procurement in
which the supplier has, or has had, an interest, that there has been a breach or a failure as referred to
in paragraph 1, the Party of the procuring entity conducting the procurement shall encourage the
entity and the supplier to seek resolution of the complaint through consultations. The entity shall
accord impartial and timely consideration to any such complaint in a manner that is not prejudicial
to the supplier's participation in ongoing or future procurement or its right to seek corrective
measures under the administrative or judicial review procedure.
3. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge,
which in no case shall be less than 10 days from the time when the basis of the challenge became
known or should have reasonably become known to the supplier.
4. Each Party shall establish or designate at least one impartial administrative or judicial
authority that is independent of its procuring entities to receive and review a challenge by a supplier
arising in the context of a covered procurement.
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5. Where a body other than an authority referred to in paragraph 4 initially reviews a challenge,
the Party shall ensure that the supplier has the right to appeal the initial decision to an impartial
administrative or judicial authority that is independent of the procuring entity whose procurement is
the subject of the challenge.
6. Each Party shall ensure that a review body that is not a court shall have its decision subject to
judicial review or have procedures that provide that:
(a) the procuring entity shall respond in writing to the challenge and disclose all relevant
documents to the review body;
(b) the participants to the proceedings ("the participants") shall have the right to be heard prior to
a decision of the review body being made on the challenge;
(c) the participants shall have the right to be represented and accompanied;
(d) the participants shall have access to all proceedings;
(e) the participants shall have the right to request that the proceedings take place in public and
that witnesses may be presented; and
(f) the review body shall make its decisions or recommendations in a timely fashion, in writing,
and shall include an explanation of the basis for each decision or recommendation.
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7. Each Party shall adopt or maintain procedures that provide for:
(a) rapid interim measures to preserve the supplier's opportunity to participate in the
procurement; such interim measures may result in suspension of the procurement process; the
procedures may provide that overriding adverse consequences for the interests concerned,
including the public interest, may be taken into account when deciding whether such
measures should be applied; just cause for not acting shall be provided in writing; and
(b) when a review body has determined that there has been a breach or a failure as referred to in
paragraph 1, corrective action or compensation for the loss or damages suffered which may be
limited to either the costs for the preparation of the tender or the costs relating to the
challenge, or both.
ARTICLE 21.20
Modifications and rectifications to coverage
1. The European Union may modify or rectify Annex 21-A and Chile may modify or rectify
Annex 21-B.
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Modifications
2. If a Party intends to modify its Annex as referred to in paragraph 1, that Party shall:
(a) notify the other Party in writing; and
(b) include in the notification a proposal for appropriate compensatory adjustments to the other
Party to maintain a level of coverage comparable to that existing prior to the modification.
3. Notwithstanding subparagraph (b) of paragraph 2 of this Article, a Party does not need to
provide compensatory adjustments if the modification covers an entity over which the Party has
effectively eliminated its control or influence. Government control or influence over the covered
procurement of entities listed in Sections A, B or C of Annex 21-A or 21-B is presumed to be
effectively eliminated, insofar as the entity's procurement is concerned, where the entity is exposed
to competition on markets to which access is not restricted.
4. If a Party notifies the other Party under paragraph 2 of an intended modification of its Annex,
the other Party shall object in writing if it disputes that:
(a) an adjustment proposed under subparagraph (b) of paragraph 2 is adequate to maintain a
comparable level of mutually agreed coverage; or
& /en 200
(b) the modification covers an entity over which the Party's control or influence has effectively
ended in accordance with paragraph 3.
The other Party shall submit any written objection under this paragraph within 45 days of receipt of
the notification referred to in subparagraph (a) of paragraph 2, or be deemed to have accepted the
adjustment or modification, including for the purposes of Chapter 31.
Rectifications
5. The Parties shall consider the following changes to Annex 21-A or 21-B, respectively, as a
rectification of a purely formal nature, provided that they do not affect the mutually agreed
coverage provided for in this Chapter:
(a) a change in the name of an entity;
(b) a merger of two or more entities listed within Sections A, B and C of Annex 21-A or 21-B;
(c) the separation of an entity listed in Sections A, B and C of Annex 21-A or 21-B into two or
more entities that are all added to the entities listed in the same Section of Annex 21-A or 21-
B.
6. If a Party proposes a rectification of Annex 21-A or 21-B respectively, that Party shall notify
the other Party every two years following the date of entry into force of this Agreement.
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7. A Party may notify the other Party of an objection to a proposed rectification within 45 days
after having received the notification. If a Party submits an objection, it shall set out the reasons
why it believes the proposed rectification is not a change provided for in paragraph 5, and describe
the effect of the proposed rectification on the mutually agreed coverage provided for in this
Chapter. If no such objection is submitted in writing within 45 days after having received the
notification, the Party shall be deemed to have agreed to the proposed rectification.
Consultations and dispute resolution
8. If the other Party objects to the proposed modification or rectification within 45 days, the
Parties shall seek to resolve the issue through consultations after having received the notification. If
the Parties do not reach an agreement within 60 days of receipt of the objection, the Party seeking to
modify or rectify its Annex may refer the matter to dispute settlement procedure under this
Agreement. The proposed modification or rectification will take effect only when both Parties have
agreed or on the basis of a final decision pursuant to the procedure provided for in chapter 31.
9. Failure to reach an agreement in the consultation procedure under paragraph 8 of this Article
does not exempt the Parties from the obligation to carry out consultations under Chapter 31.
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ARTICLE 21.21
Sub-Committee on Public Procurement
On request of a Party, the Sub-Committee on Public Procurement ("Sub-Committee") established
pursuant to Article 33.4(1), shall meet to address matters related to the implementation and
operation of this Chapter, including the following:
(a) issues regarding public procurement that are referred to it by a Party;
(b) monitoring the cooperation activities undertaken by the Parties as provided by Article 21.23;
(c) facilitation of participation of small and medium-sized enterprises in covered procurement as
provided in Article 21.22; and
(d) discussion on status of implementation of the single point of access under Article 21.6 (7).
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ARTICLE 21.22
Facilitation of participation by small and medium-sized enterprises
1. The Parties recognise the important contribution that small and medium-sized enterprises
("SMEs") can make to economic growth and employment, and the importance of facilitating the
participation of SMEs in public procurement.
2. The Parties recognise the importance of electronic procurement in facilitating the participation
of SMEs in procurement procedures by ensuring transparency.
3. The Parties also recognise the importance of business alliances between suppliers of each
Party, and in particular between SMEs, including the joint participation in tendering procedures.
4. The Parties may:
(a) provide information related to their measures used in order to contribute, promote, encourage
or facilitate SMEs' participation in public procurement;
(b) cooperate in the elaboration of mechanisms to provide information to SMEs of the means for
participating in covered procurement under this Chapter.
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5. To facilitate participation of SMEs in covered procurement, each Party shall, to the extent
possible:
(a) provide a definition of SMEs in an electronic portal;
(b) endeavour to make all tender documentation available free of charge;
(c) take any other measure designed to facilitate the participation of SMEs in public procurement
covered by this Chapter, provided that such measures are not discriminatory against the other
Party's enterprises.
ARTICLE 21.23
Cooperation
1. The Parties shall make their best efforts to develop cooperation activities with a view to
achieving a better understanding of their respective public procurement systems, as well as better
access to their respective markets, in matters such as:
(a) exchanging experiences and information, such as regulatory frameworks, best practices and
statistics;
& /en 205
(b) facilitating participation by suppliers in covered procurement, in particular with respect to
SMEs;
(c) developing and expanding the use of electronic means in public procurement systems;
(d) building capability by fostering mutual learning of government officials and staff of procuring
entities with a view to fulfilling the provisions of this Chapter.
2. The Parties shall inform the Sub-Committee referred to in Article 21.21 of any of such
activities.
ARTICLE 21.24
Further negotiations
The Sub-Committee on Public Procurement referred to in Article 21.21 shall review the operation
of this Chapter and, no later than four years after the date of entry into force of this Agreement, may
propose to the Trade Committee to recommend the Parties to hold further negotiations with a view
to achieving additional market access opening.
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EUROPEAN
COMMISSION
Brussels, 5.7.2023
COM(2023) 434 final
ANNEX 1 – PART 3/3
ANNEX
to the
Proposal for a Council Decision
on the signing, on behalf of the European Union, of the Interim Agreement on Trade
between the European Union and the Republic of Chile
EN EN
CHAPTER 22
STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTS OR
PRIVILEGES AND DESIGNATED MONOPOLIES
ARTICLE 22.1
Scope
1. The Parties affirm their rights and obligations under paragraphs 1 to 3 of Article XVII of
GATT 1994, the Understanding on the Interpretation of Article XVII of GATT 1994, as well as
under paragraphs 1, 2 and 5 of Article VIII of GATS.
2. This Chapter applies to a state-owned enterprise, an enterprise granted special rights or
privileges and a designated monopoly ("entity") engaged in commercial activities. If an entity
engages in both commercial and non-commercial activities1, only the commercial activities are
covered by this Chapter.
3. This Chapter applies to state-owned enterprises, enterprises granted special rights or
privileges and designated monopolies, at all levels of government.
1 Non-commercial activities may include carrying out a legitimate public service mandate or
any activity directly related to the provision of national defence or public security.
& /en 1
4. This Chapter does not apply to the procurement by a Party of a good or service purchased for
governmental purposes and not with a view to commercial resale or the supply of a good or service
for commercial sale, whether or not that procurement is a "covered procurement" within the
meaning of Article 21.2.
5. This Chapter does not apply to any service supplied in the exercise of governmental authority.
6. This Chapter does not apply to state-owned enterprises, enterprises granted special rights or
privileges and designated monopolies in cases where, in any one of the three previous consecutive
fiscal years, the annual revenue derived from the commercial activities of the entity was less than
100 million Special Drawing Rights (SDRs).1
7. Article 22.4 does not apply to the services sectors which are outside the scope of this
Agreement.
8. Article 22.4 does not apply to the extent that a state-owned enterprise, enterprise granted
special rights or privileges or designated monopoly of a Party makes purchases and sales of goods
or services pursuant to:
(a) any existing non-conforming measure that the Party maintains, continues, renews or amends
in accordance with Articles 10.11, 11.8 or 18.10 as set out in its schedule in Annex 10-A; or
1 During the first five years from the entry into force of this Agreement, the threshold will be of
less than 200 million SDR.
& /en 2
(b) any non-conforming measure that the Party adopts or maintains with respect to sectors,
subsectors or activities in accordance with Articles 10.11, 11.8 or 18.10 as set out in its
schedule in Annex 10-B.
ARTICLE 22.2
Definitions
For the purposes of this Chapter and Annex 22:
(a) "commercial activities" means activities carried out by an enterprise the end result of which is
the production of a good or supply of a service to be sold in the relevant market in quantities
and at prices determined by the enterprise, which are undertaken with an orientation towards
profit-making1;
(b) "commercial considerations" means considerations of price, quality, availability,
marketability, transportation and other terms and conditions of purchase or sale, or other
factors that would normally be taken into account in the commercial decisions of a privately
owned enterprise operating according to market economy principles in the relevant business
or industry;
1 For greater certainty, "commercial activities" excludes activities undertaken by an enterprise,
which operates on a non-profit basis or which operates on cost recovery basis.
& /en 3
(c) "designate" means to establish or authorise a monopoly, or to expand the scope of a monopoly
to cover an additional good or service;
(d) "designated monopoly" means an entity, including a group of entities or a government
agency, that in a relevant market in the territory of a Party is designated as the sole supplier or
purchaser of a good or service, but does not include an entity that has been granted an
exclusive intellectual property right solely by reason of such grant;
(e) "enterprise granted special rights or privileges"1 means any enterprise, public or private, that
has been granted, in law or in fact, special rights or privileges, by a Party; special rights or
privileges are granted by a Party when it designates or limits to two or more the number of
enterprises authorised to supply a good or a service, taking into account the specific sectorial
regulation under which the granting of the right or privilege has taken place, other than in line
with objective, proportional and non-discriminatory criteria, thereby substantially affecting
the ability of any other enterprise to supply the same good or service in the same geographical
area under substantially equivalent conditions;
(f) "service supplied in the exercise of governmental authority" means a service supplied in the
exercise of governmental authority as defined in subparagraph 3(b) of Article 1 of GATS,
including as defined in its Annex on Financial Services if applicable; and
1 For greater certainty, the granting of a licence to a limited number of enterprises in allocating
a scarce resource in line with objective, proportional and non-discriminatory criteria is not in
and of itself an exclusive or special privilege.
& /en 4
(g) "state-owned enterprise" means an enterprise owned or controlled by a Party1.
ARTICLE 22.3
General provisions
Without prejudice to the rights and obligations of a Party under this Chapter, nothing in this Chapter
prevents a Party from establishing or maintaining state-owned enterprises, designating or
maintaining monopolies or granting enterprises special rights or privileges.
ARTICLE 22.4
Non-discriminatory treatment and commercial considerations
1. Each Party shall ensure that each of its state-owned enterprises, enterprises granted special
rights or privileges and designated monopolies, when engaging in commercial activities:
(a) acts in accordance with commercial considerations in its purchase or sale of a good or service,
except to fulfil any terms of its public service mandate that are not inconsistent with
subparagraph (b) or (c);
1 For the establishment of ownership or control, all relevant legal and factual elements shall be
examined on a case-by-case basis.
& /en 5
(b) in its purchase of a good or service:
(i) accords to a good or service supplied by an enterprise of the other Party treatment no
less favourable than it accords to a like good or a like service supplied by enterprises of
the Party; and
(ii) accords to a good or service supplied by an enterprise that is a covered enterprise as
defined in subparagraph (d) of Article 10.2(1) in the territory of that Party treatment no
less favourable than it accords to a like good or a like service supplied by enterprises in
the relevant market in the territory of that Party that are investments of investors of the
Party; and
(c) in its sale of a good or service:
(i) accords to an enterprise of the other Party treatment no less favourable than it accords to
enterprises of the Party; and
(ii) accords to an enterprise that is a covered enterprise as defined in subparagraph (d) of
Article 10.2(1) in the territory of that Party treatment no less favourable than it accords
to enterprises in the relevant market in the territory of that Party that are investments of
investors of the Party.
& /en 6
2. Paragraph 1 does not preclude state-owned enterprises, enterprises granted special rights or
privileges or designated monopolies from:
(a) purchasing or supplying goods or services on different terms or conditions, including terms or
conditions relating to price, provided that such different terms or conditions are undertaken in
accordance with commercial considerations; or
(b) refusing to purchase or supply goods or services, provided that such refusal is undertaken in
accordance with commercial considerations.
ARTICLE 22.5
Regulatory framework
1. The Parties shall make best use of international standards, as applicable, including the OECD
Guidelines on Corporate Governance of State-Owned Enterprises, as appropriate.
2. Each Party shall ensure that any regulatory body or any other body exercising a regulatory
function that it establishes or maintains:
(a) is independent from, and not accountable to, any of the enterprises that it regulates, in order to
ensure the effectiveness of the regulatory function; and
& /en 7
(b) acts, in like circumstances, impartially1 in respect of all enterprises that it regulates, including
state-owned enterprises, enterprises granted special rights or privileges and designated
monopolies.2
3. Each Party shall apply its laws and regulations to state-owned enterprises, enterprises granted
special rights or privileges and designated monopolies in a consistent and non-discriminatory
manner.
ARTICLE 22.6
Transparency
1. A Party ("the requesting Party") which has reason to believe that its interests under this
Chapter are being adversely affected by the commercial activities of a state-owned enterprise, an
enterprise granted special rights or privileges or a designated monopoly of the other Party may
request that other Party ("the requested Party") to supply in writing information on the commercial
activities of that entity related to the implementation of this Chapter.
1 For greater certainty, the impartiality with which the regulatory body exercises its regulatory
functions is to be assessed by reference to a general pattern or practice of that regulatory
body.
2 For greater certainty, for those sectors in which the Parties have agreed to specific obligations
relating to the regulatory body in other Chapters of this Agreement, the relevant provisions in
those other Chapters shall prevail.
& /en 8
2. The requesting Party shall include, in a request pursuant to paragraph 1, an explanation as to
how that Party believes that the activities of the entity may be affecting the interests of that Party
under this Chapter and shall specify which of the information listed in paragraph 3 it requests.
3. The requested Party shall provide the following information, as specified in accordance with
paragraph 1:
(a) the ownership and the voting structures of the entity, indicating the percentage of shares that
the Party, its state-owned enterprises, enterprises granted special rights or privileges or
designated monopolies cumulatively own, and the percentage of voting rights that they
cumulatively hold, in the entity;
(b) a description of any special shares or special voting or other rights that the Party, its state-
owned enterprises, enterprises granted special rights or privileges or designated monopolies
hold, if such rights are different from those attached to the general common shares of the
entity;
(c) the organisational structure of the entity and the composition of its board of directors or of an
equivalent body;
& /en 9
(d) a description of which government departments or public bodies regulate or monitor the
entity; a description of the reporting requirements imposed on it by those departments or
public bodies; and the rights and practices of those government or any public bodies in respect
of the appointment, dismissal or remuneration of senior executives and members of its board
of directors or any other equivalent management body;
(e) the annual revenue of the entity and total assets over the most recent three-year period for
which information is available;
(f) any exemptions, immunities and related measures from which the entity benefits under the
laws and regulations of the requested Party; and
(g) any additional information regarding the entity that is publicly available, including annual
financial reports and third party audits.
4. Paragraphs 1, 2 and 3 do not require any Party to disclose confidential information the
disclosure of which would be inconsistent with its laws and regulations, impede law enforcement,
or otherwise be contrary to the public interest, or would prejudice the legitimate commercial
interests of particular enterprises.
5. If the requested information is not available to the requested Party, that Party shall provide the
requesting Party with the reasons therefor, in writing.
& /en 10
ARTICLE 22.7
Party-specific Annex
1. Article 22.4 does not apply in respect of the non-conforming activities of state-owned
enterprises or designated monopolies that a Party lists in its schedule in Annex 22 in accordance
with the terms of the schedule of the Party.
2. Upon request of either Party, the Trade Council may adopt a decision to amend Annex 22
pursuant to Article 33.1(6) and shall in any event consider amendments to Annex 22 within five
years of the date of entry into force of this Agreement.
& /en 11
CHAPTER 23
COMPETITION POLICY
ARTICLE 23.1
Principles
The Parties recognise the importance of free and undistorted competition in trade and investment.
The Parties acknowledge that anti-competitive practices have the potential to distort the proper
functioning of markets and undermine the benefits of trade liberalisation.
& /en 12
ARTICLE 23.2
Regulatory framework
1. Each Party shall maintain or adopt competition law which applies to all sectors of the
economy1 and addresses the following practices in an effective manner:
(a) agreements between enterprises, decisions by associations of enterprises and concerted
practices which have as their object or effect the prevention, restriction or distortion of
competition;
(b) abuses by one or more enterprises of a dominant position; and
(c) mergers between enterprises which significantly impede effective competition, in particular as
a result of the creation or strengthening of a dominant position.
2. Each Party shall ensure that all enterprises, private or public, are subject to the competition
law referred to in paragraph 1.
1 For greater certainty, competition law in the European Union apply to the agricultural sector
in accordance with Regulation (EU) No1308/2013 of the European Parliament and of the
Council of 17 December 2013 establishing a common organisation of the markets in
agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79,
(EC) No 1037/2001 and (EC) No 1234/2007 ( OJ EU L 347, 20.12.2013, p. 671).
& /en 13
3. The application of the competition law of each Party should not obstruct the performance, in
law or in fact, of any particular task of public interest assigned to the enterprises concerned.
Exemptions from the competition law of a Party should be limited to tasks of public interest, limited
to what is strictly necessary to achieve the desired public policy objective, and transparent.
ARTICLE 23.3
Implementation
1. Each Party shall maintain a functionally independent authority responsible for, and
appropriately equipped with the powers and resources necessary for the full application and the
effective enforcement of, the competition law referred to in Article 23.2.
2. Each Party shall apply its competition law in a transparent and non-discriminatory manner,
respecting the principles of procedural fairness and right of defence of the enterprises concerned,
irrespective of their nationality or ownership.
ARTICLE 23.4
Cooperation
1. The Parties acknowledge that it is in their common interest to promote cooperation on matters
related to their competition policy and the enforcement thereof.
& /en 14
2. To facilitate cooperation, competition authorities of the Parties may exchange information,
subject to the confidentiality rules provided for in their respective laws and regulations.
3. The competition authorities of the Parties shall endeavour to coordinate, to the extent possible
and if appropriate, their enforcement activities in the same or related conduct or cases.
ARTICLE 23.5
Consultations
1. To foster mutual understanding between the Parties1, or to address specific matters on the
interpretation or application of this Chapter, the Parties shall, upon request of either Party, promptly
enter into consultations on any matter concerning the interpretation or application of this Chapter.
The Party requesting consultations shall indicate, if relevant, how the matter affects trade or
investment between the Parties.
2. To facilitate the consultations referred to in paragraph 1, each Party shall endeavour to
provide relevant non-confidential information to the other Party.
1 For the European Union, the interlocutor is DG Competition of the European Commission.
& /en 15
ARTICLE 23.6
Non-application of dispute settlement
Chapter 31 does not apply to this Chapter.
CHAPTER 24
SUBSIDIES
ARTICLE 24.1
Principles
The Parties recognise that subsidies may be granted if they are necessary to achieve public policy
objectives. The Parties acknowledge, however, that certain subsidies have the potential to distort the
proper functioning of markets and undermine the benefits of trade liberalisation and competition.
Therefore, in principle, a Party shall not grant subsidies if they negatively affect, or are likely to
negatively affect, trade or competition between the Parties.
& /en 16
ARTICLE 24.2
Definition and scope
1. For the purposes of this Chapter, a "subsidy" means a measure which fulfils the conditions set
out in Article 1.1 of the SCM Agreement, irrespective of whether it is granted to an enterprise
supplying goods or to an enterprise supplying services.1
2. This Chapter applies to subsidies which are specific in accordance with Article 2 of the SCM
Agreement.
3. This Chapter applies to subsidies to any enterprise, including private and public enterprises.
4. Each Party shall ensure that subsidies to enterprises entrusted with the operation of services of
general economic interest are subject to the rules set out in this Chapter, in so far as the application
of those rules does not obstruct the performance, in law or in fact, of the particular tasks that are
assigned to those enterprises. Assigned tasks shall be transparent, and any limitation to or deviation
from the application of the rules set out in this Chapter shall not go beyond what is necessary to
perform the assigned tasks.
1 For greater certainty, this Article does not prejudice the outcome of future discussions in the
WTO or related plurilateral fora on the definition of subsidies for services.
& /en 17
5. Article 24.5 does not apply to subsidies related to trade in goods covered by Annex 1 of the
Agreement on Agriculture.
6. Articles 24.5 and 24.6 do not apply to the audio-visual sector.
7. Articles 24.5 and 24.6 do not apply to subsidies granted to assist indigenous people and their
communities in their economic development1. Such subsidies shall be targeted, proportional and
transparent.
8. Articles 24.5 and 24.6 do not apply to subsidies granted to remedy the damage caused by
natural disasters or other exceptional occurrences.
9. Article 24.5 does not apply to subsidies that are granted on a temporary basis to respond to an
economic emergency2. Those subsidies shall be proportional and targeted in order to remedy that
emergency.
1 For the purposes of this paragraph, indigenous people and their communities shall be
understood as those defined in the laws of each Party. For the European Union, its laws
encompass both the laws of the European Union and the laws of each of its Member States.
2 "Economic emergency" shall be understood as an economic event that causes a serious
disturbance in the economy of a Party. For the European Union, "the economy of a Party"
shall be understood as the economy of the European Union or of one or more of its Member
States.
& /en 18
10. The Trade Council may adopt a decision amending the definition of "subsidy" in paragraph 1
of this Article insofar as it relates to enterprises supplying services, with a view to incorporating the
outcome of future discussions in the WTO or related plurilateral fora on that matter, pursuant to
subparagraph (a) of Article 33.1(6).
ARTICLE 24.3
Relation to the WTO Agreement
This Chapter applies without prejudice to the rights and obligations of a Party under Article XV of
GATS, Article XVI of GATT 1994, the SCM Agreement and the Agreement on Agriculture.
ARTICLE 24.4
Transparency
1. With respect to a subsidy granted or maintained within its territory, each Party shall make
available the following information:
(a) the legal basis and purpose of the subsidy;
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(b) the form of the subsidy;
(c) the amount of the subsidy or the amount budgeted for the subsidy; and
(d) if possible, the name of the recipient of the subsidy.
2. A Party shall meet the requirements set out in paragraph 1 of this Article through:
(a) notification pursuant to Article 25 of the SCM Agreement, provided that the notification
contains all the information referred to in paragraph 1 of this Article and is provided at least
every two years;
(b) notification pursuant to Article 18 of the Agreement on Agriculture; or
(c) publication by the Party or on its behalf on a publicly accessible website, by 31 December of
the calendar year following the year in which the subsidy was granted or maintained.
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ARTICLE 24.5
Consultations
1. If a Party considers that a subsidy granted by the other Party has or could have negative
effects on its trade interests or on competition, that Party ("the requesting Party") may express its
concern in writing to the other Party ("the responding Party") and request consultations on the
matter. Such a request shall include an explanation of how the subsidy has or could have a negative
effect on the trade interests of the requesting Party or on competition.
2. For the purposes of paragraph 1, the requesting Party may request from the responding Party
the following information about the subsidy:
(a) the legal basis and policy objective or purpose of the subsidy;
(b) the form of the subsidy;
(c) the dates and duration of the subsidy and any other time limits attached to it;
(d) the eligibility requirements of the subsidy;
(e) the total amount or the annual amount budgeted for the subsidy;
& /en 21
(f) if possible, the name of the recipient of the subsidy; and
(g) any other information permitting an assessment of the negative effect of the subsidy.
3. The responding Party shall provide the information requested pursuant to paragraph 2 in
writing no later than 60 days after the date of receipt of the request.
4. If the responding Party does not provide, in whole or in part, the information requested
pursuant to paragraphs 2 and 3, the responding Party shall explain the reasons therefore in writing.
5. If, after having received the requested information and following the consultations, the
requesting Party considers that the subsidy concerned has or may have a significant negative effect
on its trade interests or competition, the responding Party shall use its best endeavours to eliminate
or minimise those effects.
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ARTICLE 24.6
Subsidies subject to conditions
1. When granting the following subsidies, each Party shall apply conditions as follows:
(a) in respect of subsidies whereby a government, directly or indirectly, is responsible for
guaranteeing debts or liabilities of certain enterprises, that the coverage of the debts and
liabilities is not unlimited with regards to the amount of those debts and liabilities or the
duration of the government's responsibility is not unlimited; and
(b) in respect of subsidies to insolvent or ailing enterprises (such as loans and guarantees, cash
grants, capital injections, provision of assets below market prices and tax exemptions) with a
duration of more than one year, that a credible restructuring plan has been prepared which is
based on realistic assumptions with a view to ensuring the return of the insolvent or ailing
enterprises, within a reasonable time, to long-term viability and with the enterprise, with the
exception of small and medium-sized enterprises, contributing itself to the costs of
restructuring.
2. Subparagraph (b) of paragraph 1 does not apply to subsidies granted to enterprises as
temporary liquidity support in the form of loan guarantees or loans limited to the amount needed
merely to keep an ailing company in business for the time necessary to adopt a restructuring or
liquidation plan.
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3. This Article applies only to subsidies that negatively affect trade and competition of the other
Party or are likely to do so.
4. This Article does not apply to subsidies:
(a) which are granted to ensure the orderly market exit of a company; or
(b) the cumulative amounts or budgets of which are less than 170 000 SDR per enterprise over a
period of three consecutive years.
ARTICLE 24.7
Use of subsidies
Each Party shall ensure that enterprises use subsidies only for the explicitly defined policy objective
for which those subsidies have been granted1.
1 For greater certainty, when a Party has set up the appropriate legislative frameworks and
administrative procedures to this effect, the obligation is considered to be fulfilled.
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ARTICLE 24.8
Non-application of dispute settlement
Chapter 31 does not apply to Article 24.5(5).
ARTICLE 24.9
Confidentiality
1. When exchanging information under this Chapter the Parties shall take into account the
limitations imposed by their respective law concerning professional and business secrecy and shall
ensure the protection of business secrets and other confidential information.
2. If a Party communicates information under this Chapter, the receiving Party shall maintain the
confidentiality of that information.
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CHAPTER 25
INTELLECTUAL PROPERTY
SECTION A
GENERAL PROVISIONS
ARTICLE 25.1
Objectives
1. The objectives of this Chapter are to:
(a) facilitate the production and commercialisation of innovative and creative goods and services
between the Parties, contributing to a more sustainable and inclusive economy for the Parties;
(b) facilitate and govern trade between the Parties, as well as reduce distortions and impediments
to such trade; and
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(c) achieve an adequate and effective level of protection and enforcement of intellectual property
rights.
2. The objectives set out in Article 7 of the TRIPS Agreement apply to this Chapter, mutatis
mutandis.
ARTICLE 25.2
Scope
1. Each Party shall comply with their commitments under the international treaties in the field of
intellectual property to which it is a party, including the TRIPS Agreement.
2. This Chapter shall complement and further specify the rights and obligations of each Party
under the TRIPS Agreement and other international treaties in the field of intellectual property.
3. Nothing in this Chapter prevents a Party from applying provisions of its law introducing
higher standards for the protection and enforcement of intellectual property rights, provided that
those provisions are compatible with this Chapter. Each Party shall be free to determine the
appropriate method of implementing this Chapter within its own legal system and practice.
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ARTICLE 25.3
Principles
1. The principles set out in Article 8 of the TRIPS Agreement apply to this Chapter, mutatis
mutandis.
2. Taking into consideration the underlying public policy objectives of domestic systems, the
Parties recognise the need to:
(a) promote innovation and creativity; and
(b) facilitate the diffusion of information, knowledge, technology, culture and the arts;
through their respective intellectual property systems, while respecting the principles of
transparency, and taking into account the interests of relevant stakeholders, including right holders,
users and the general public.
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ARTICLE 25.4
Definitions
For the purposes of this Chapter and Annexes 25-A, 25-B and 25-C:
(a) "Berne Convention" means the Berne Convention for the Protection of Literary and Artistic
Works, done at Berne on 9 September 1886, and as amended on 28 September 1979;
(b) "intellectual property" means all categories of intellectual property rights that are covered by
Sub-Sections 1 to 7 of Section B of this Chapter or Sections 1 to 7 of Part II of the TRIPS
Agreement; the protection of intellectual property includes protection against unfair
competition pursuant to Article 10bis of the Paris Convention;
(b) "Paris Convention" means the Paris Convention for the Protection of Industrial Property,
of 20 March 1883, as last revised at Stockholm on 14 July 1967 and as amended
on 28 September 1979;
(c) "Rome Convention" means the International Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organisations, done at Rome
on 26 October 1961; and
& /en 29
(d) "WIPO" means the World Intellectual Property Organization.
ARTICLE 25.5
National treatment
1. In respect of all categories of intellectual property rights covered by this Chapter, each Party
shall accord to nationals of the other Party treatment no less favourable than it accords to its own
nationals with regard to the protection1 of intellectual property rights, subject to the exceptions
already provided in, respectively, the Paris Convention, the Berne Convention, the Rome
Convention or the Treaty on Intellectual Property in Respect of Integrated Circuits, done at
Washington on 26 May 1989 and WIPO Performances and Phonograms Treaty ("WPPT"), done at
Geneva on 20 December 1996. In respect of performers, producers of phonograms and broadcasting
organisations, that obligation only applies in respect of the rights provided for under this Chapter.
1 For the purposes of this paragraph, "protection" includes matters affecting the availability,
acquisition, scope, maintenance, and enforcement of intellectual property rights as well as
matters affecting the use of intellectual property rights specifically addressed in this Chapter.
Further, for the purposes of this paragraph, "protection" also includes measures to prevent the
circumvention of effective technological measures and measures concerning rights
management information.
& /en 30
2. A Party may avail itself of the exceptions permitted under paragraph 1 in relation to its
judicial and administrative procedures, including requiring a national of the other Party to designate
an address for service of process in its territory, or to appoint an agent in its territory, provided that
such exception is:
(a) necessary to secure compliance with the laws or regulations of the Party that are not
inconsistent with this Chapter; and
(b) not applied in a manner that would constitute a disguised restriction on trade.
3. Paragraph 1 does not apply to procedures provided in multilateral agreements concluded
under the auspices of WIPO relating to the acquisition or maintenance of intellectual property
rights.
ARTICLE 25.6
Intellectual property and public health
1. The Parties recognise the importance of the Declaration on the TRIPS Agreement and Public
Health, adopted at Doha on 14 November 2001 by the Ministerial Conference of the WTO
(hereinafter referred to as the "Doha Declaration"). In interpreting and implementing the rights and
obligations under this Chapter, the Parties shall ensure consistency with the Doha Declaration.
& /en 31
2. Each Party shall implement Article 31bis of the TRIPS Agreement, as well as the Annex and
the Appendix to the Annex thereto, which entered into force on 23 January 2017.
ARTICLE 25.7
Exhaustion
Nothing in this Agreement prevents a Party from determining whether or under what conditions the
exhaustion of intellectual property rights applies under its legal system.
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SECTION B
STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS
SUB-SECTION 1
COPYRIGHT AND RELATED RIGHTS
ARTICLE 25.8
International agreements
1. Each Party affirms their commitment to and shall comply with:
(a) the Berne Convention;
(b) the Rome Convention;
(c) the WIPO Copyright Treaty ("WCT"), done at Geneva on 20 December 1996;
& /en 33
(d) WPPT; and
(e) the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind,
Visually Impaired, or Otherwise Print Disabled, done in Marrakesh on 27 June 2013.
2. Each Party shall make all reasonable efforts to ratify or accede to the Beijing Treaty on
Audiovisual Performances, adopted in Beijing on 24 June 2012.
ARTICLE 25.9
Authors
Each Party shall provide authors with the exclusive right to authorise or prohibit:
(a) direct or indirect, temporary or permanent reproduction by any means and in any form, in
whole or in part, of their works;
(b) any form of distribution to the public by sale or otherwise of the original of their works or
copies thereof;
& /en 34
(c) any communication to the public of their works by wire or wireless means, including the
making available to the public of their works in such a way that members of the public may
access them from a place and at a time individually chosen by them; and
(d) the commercial rental to the public of originals or copies of their computer programs or
cinematographic works.
ARTICLE 25.10
Performers
Each Party shall provide performers with the exclusive right to authorise or prohibit:
(a) the fixation1 of their performances;
(b) the direct or indirect, temporary or permanent reproduction by any means and in any form, in
whole or in part, of fixations of their performances;
(c) the distribution to the public, by sale or otherwise, of the fixations of their performances;
1 "Fixation" means the embodiment of sounds, or of the representations thereof, from which
they can be perceived, reproduced or communicated through a device.
& /en 35
(d) the making available to the public of fixations of their performances, by wire or wireless
means, in such a way that members of the public may access them from a place and at a time
individually chosen by them; and
(e) the broadcasting by wireless means and the communication to the public of their
performances, except where the performance is itself already a broadcast performance or is
made from a fixation.
ARTICLE 25.11
Producers of phonograms
Each Party shall provide phonogram producers with the exclusive right to authorise or prohibit:
(a) the direct or indirect, temporary or permanent, reproduction by any means and in any form, in
whole or in part, of their phonograms;
(b) the distribution to the public, by sale or other transfer of ownership, of their phonograms,
including copies thereof;
& /en 36
(c) the making available to the public of their phonograms, by wire or wireless means, in such a
way that members of the public may access them from a place and at a time individually
chosen by them; and
(d) the commercial rental of their phonograms to the public.
ARTICLE 25.12
Broadcasting organisations
Each Party shall provide broadcasting organisations with the exclusive right to authorise or prohibit:
(a) the fixation of their broadcasts transmitted by wireless means;
(b) the direct or indirect, temporary or permanent reproduction by any means and in any form, in
whole or in part, of fixations of their broadcasts transmitted by wireless means; and
(c) the rebroadcasting of their broadcasts by wireless means, as well as the communication to the
public1 of their broadcasts if such communication is made in places accessible to the public
against payment of an entrance fee.
1 For greater certainty, nothing in this paragraph prevents a Party from determining the
conditions under which this right may be exercised, in accordance with Article 13(d) of the
Rome Convention.
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ARTICLE 25.13
Broadcasting and communication to the public
of phonograms published for commercial purposes1
1. Each Party shall provide a right in order to ensure that a single equitable remuneration is paid
by the user to the performers and producers of phonograms, if a phonogram published for
commercial purposes, or a reproduction of such phonogram, is used for broadcasting or
communication to the public2.
2. Each Party shall ensure that the single equitable remuneration referred to in paragraph 1 is
shared between the relevant performers and phonogram producers. Each Party may enact legislation
that, in the absence of an agreement between performers and producers of phonograms, sets the
terms according to which performers and producers of phonograms shall share such single equitable
remuneration.
1 Each Party may grant more extensive rights, as regards the broadcasting and communication
to the public of phonograms published for commercial purposes, to performers and producers
of phonograms.
2 For the purposes of this Article, "communication to the public" does not include the making
available to the public of a phonogram, by wire or wireless means, in such a way that
members of the public may access the phonogram from a place and at a time individually
chosen by them.
& /en 38
ARTICLE 25.14
Term of protection
1. The rights of an author of a work shall run for the life of the author and for not less than
70 years after the death of the author, irrespective of the date when the work is lawfully made
available to the public1.
2. In the case of a work of joint authorship, the term of protection referred to in paragraph 1 shall
be calculated from the death of the last surviving author.
3. In the case of anonymous or pseudonymous works, the term of protection shall run for not
less than 70 years after the work is lawfully made available to the public. However, if the
pseudonym adopted by the author leaves no doubt as to the identity of the author, or if the author
discloses their identity during the period referred to in the first sentence, the term of protection
applicable shall be that laid down in paragraph 1.
4. The term of protection of cinematographic or audiovisual works shall expire not less than
70 years after the date of death of the last surviving author. It shall be a matter for the laws and
regulations of the Parties to determine the persons that are to be considered authors of a
cinematographic or audiovisual work.
1 If a Party provides a special term of protection in cases in which a juridical person is
designated as the right holder, the term of protection shall run for not less than 70 years after
the work is lawfully made available to the public.
& /en 39
5. The rights of broadcasting organisations shall expire 50 years after the date of the first
transmission of a broadcast.
6. The rights of performers shall expire not less than 50 years after the date of the fixation of the
performance; however:
(a) if a fixation of the performance is lawfully published or, where provided by a Party, lawfully
communicated to the public within the period of 50 years referred to in this paragraph, the
term of protection shall be calculated from the date of the first such publication or, where
provided by a Party, the first such communication to the public. Where a Party provides for
both possibilities, the term of protection shall be calculated from whichever event occurs
earlier; and
(b) if a fixation of the performance in a phonogram is lawfully published or, where provided by a
Party, lawfully communicated to the public within the period of 50 years referred to in this
paragraph, the term of protection shall expire not less than 70 years after the date of the first
such publication or, where provided for by a Party, the first such communication to the public.
Where a Party provides for both possibilities, the term of protection shall be calculated from
whichever event occurs earlier.
& /en 40
7. The rights of producers of phonograms shall expire not less than 50 years after the fixation is
made. However, if the phonogram is lawfully published or, where provided for by a Party, lawfully
communicated to the public within this period, such rights shall expire not less than 70 years after
the date of the first such publication or, where provided for by a Party, the first such communication
to the public. The Parties may adopt or maintain effective measures to ensure that the profit
generated during the 20 years of protection beyond 50 years is shared fairly between the performers
and the producers of phonograms.
ARTICLE 25.15
Resale right
1. Each Party shall provide, for the benefit of the author of an original work of graphic or plastic
art, a "resale right", to be defined as an inalienable right, which cannot be waived, even in advance,
to receive a royalty based on the sale price obtained, for any resale of the work, subsequent to the
first transfer of the work by the author1.
2. The resale right referred to in paragraph 1 shall apply to all acts of resale involving as sellers,
buyers or intermediaries art market professionals, such as salesrooms, art galleries and, in general,
any dealers in works of art.
1 Notwithstanding this Article, for Chile the first paragraph of Article 36 of Law No. 17.366 of
28 August 1970, as amended by Law No. 21.045 of 13 October 2017 may continue to apply
with respect to the calculation of royalties.
& /en 41
3. Each Party may provide that the resale right referred to in paragraph 1 shall not apply to acts
of resale where the seller has acquired the work directly from the author less than three years before
that resale and where the resale price does not exceed a certain minimum amount.
ARTICLE 25.16
Collective management of rights
1. The Parties shall promote cooperation between their respective collective management
organisations for the purposes of fostering the availability of works and other protected subject
matter in the territories of the Parties and the transfer of rights revenue between their respective
collective management organisations for the use of such works or other protected subject matter.
2. The Parties shall promote transparency of collective management organisations, in particular
regarding rights revenue they collect, deductions they apply to rights revenue they collect, the use
of the rights revenue collected, the distribution policy and their repertoire.
3. Each Party shall ensure that collective management organisations established in its territory
that represent another collective management organisation established in the territory of the other
Party through a representation agreement, are encouraged to accurately, regularly and diligently pay
amounts owed to the represented collective management organisation as well as to provide the
represented collective management organisation with the information on the amount of rights
revenue collected on its behalf and any deductions made to that rights revenue.
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ARTICLE 25.17
Limitations and exceptions
Each Party shall provide for limitations or exceptions to the rights set out in Articles 25.9 to 25.13
only in certain special cases which do not conflict with a normal exploitation of the work or other
subject matter and do not unreasonably prejudice the legitimate interests of the right holders.
ARTICLE 25.18
Protection of technological measures
1. Each Party shall provide adequate legal protection against the circumvention of any effective
technological measure, which the person concerned carries out in the knowledge, or with reasonable
grounds to know, that the person is pursuing that objective.
2. Each Party shall provide adequate legal protection against the manufacture, import,
distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of
devices, products or components or the provision of services which:
(a) are promoted, advertised or marketed for the purpose of circumvention of any effective
technological measures;
& /en 43
(b) have only a limited commercially significant purpose or use other than to circumvent any
effective technological measures; or
(c) are primarily designed, produced, adapted or performed for the purpose of enabling or
facilitating the circumvention of any effective technological measures.
3. For the purposes of this Sub-Section, "technological measure" means any technology, device
or component that, in the normal course of its operation, is designed to prevent or restrict acts, in
respect of works or other subject matter1, which are not authorised by the right holder of any
copyright or related right as provided for by the law of a Party. Technological measures shall be
deemed effective if the use of a protected work or other subject matter is controlled by the right
holders through the application of an access control or protection process, such as encryption,
scrambling or other transformation of the work or other subject matter or a copy control
mechanism, which achieves the protection objective.
4. Notwithstanding the legal protection provided for in paragraph 1 of this Article, in the
absence of voluntary measures taken by the right holders, each Party may take appropriate
measures, as necessary, to ensure that the adequate legal protection against the circumvention of
effective technological measures provided for in accordance with this Article does not prevent
beneficiaries of exceptions or limitations provided for in accordance with Article 25.17 from
enjoying such exceptions or limitations.
1 For greater certainty, "works or other subject matter" in this sentence does not apply to works
or other subject matter for which the term of protection has expired.
& /en 44
ARTICLE 25.19
Obligations concerning rights management information
1. Each Party shall provide adequate legal protection against any person knowingly performing,
without authority, any of the following acts, if such person knows, or has reasonable grounds to
know, that by so doing that person is inducing, enabling, facilitating or concealing an infringement
of any copyright or any related rights as provided for in the laws of that Party:
(a) the removal or alteration of any electronic rights-management information; and
(b) the distribution, importation for distribution, broadcasting, communication or making
available to the public of works or other subject matter protected under this Sub-Section from
which electronic rights-management information has been removed or altered without
authority.
2. For the purposes of this Article, "rights-management information" means any information
provided by right holders which identifies the work or other subject matter referred to in this
Article, the author or any other right holder, or information about the terms and conditions of use of
the work or other subject matter, and any numbers or codes that represent such information.
3. Paragraph 2 shall apply if any of those items of information is associated with a copy of, or
appears in connection with the communication to the public of, a work or other subject matter
referred to in this Article.
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SUB-SECTION 2
TRADEMARKS
ARTICLE 25.20
International agreements
Each Party shall:
(a) comply with the Protocol Relating to the Madrid Agreement Concerning the International
Registration of Marks, adopted at Madrid on 27 June 1989, as amended
on 12 November 2007;
(b) comply with the Trademark Law Treaty, done at Geneva on 27 October 1994, and with the
Nice Agreement Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks, of 15 June 1957, as amended on 28 September 1979;
and
(c) make all reasonable efforts to accede to the Singapore Treaty on the Law of Trademarks, done
at Singapore on 27 March 2006.
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ARTICLE 25.21
Rights conferred by a trademark
Each Party shall provide that the owner of a registered trademark has the exclusive right to prevent
third parties, that do not have the owner's consent, from using in the course of trade identical or
similar signs to those in respect of which the trademark is registered, where such use would result in
a likelihood of confusion. In the case of the use of an identical sign for identical goods or services, a
likelihood of confusion shall be presumed.
ARTICLE 25.22
Registration procedure
1. Each Party shall provide for a system for the registration of trademarks in which each final
negative decision taken by the relevant trademark administration, including a partial refusal of
registration, shall be duly reasoned and communicated in writing to the relevant party.
2. Each Party shall provide for the possibility for third parties to oppose trademark applications
or, where appropriate under its law, trademark registrations. Such opposition proceedings shall be
adversarial.
& /en 47
3. Each Party shall provide for a publicly available electronic database of trademark applications
and trademark registrations.
ARTICLE 25.23
Well-known trademarks
For the purposes of giving effect to protection of well-known trademarks, as referred to in
Article 6bis of the Paris Convention and Article 16(2) and (3) of the TRIPS Agreement, the Parties
affirm the importance of the Joint Recommendation Concerning Provisions on the Protection of
Well-Known Marks, adopted by the Assembly of the Paris Union for the Protection of Industrial
Property and the General Assembly of WIPO at the Thirty Fourth Series of Meetings of the
Assemblies of the Member States of WIPO on 20 to 29 September 1999.
ARTICLE 25.24
Exceptions to the rights conferred by a trademark
1. Each Party:
(a) shall provide for the fair use of descriptive terms as a limited exception to the rights conferred
by trademarks; and
& /en 48
(b) may provide for other limited exceptions.
2. Paragraph 1 shall apply provided that the exceptions take account of the legitimate interests of
the owners of the trademarks and of third parties.
3. The trademark shall not entitle the proprietor to prohibit a third party from using the
following, in the course of trade:
(a) their own name or address;
(b) indications concerning the kind, quality, quantity, intended purpose, value, geographical
origin, the time of production of goods or of rendering of the service, or other characteristics
of goods or services; or
(c) the trademark, where it is necessary to indicate the intended purpose of a good or service, in
particular as accessories or spare parts.
4. Paragraph 2 shall apply where the use made by the third party is in accordance with honest
practices in industrial or commercial matters1.
1 Alternatively, a Party may make such use subject to not being misleading or creating
confusion among the relevant part of the public.
& /en 49
5. A Party may provide that the trademark shall not entitle the proprietor to prohibit a third party
from using, in the course of trade, an earlier right which only applies in a particular locality, if that
right is recognised by the law of that Party and within the limits of the territory in which it is
recognised.
ARTICLE 25.25
Grounds for revocation
1. Each Party shall provide that a trademark shall be liable to revocation if, within a continuous
period of five years, it has not been put to genuine use in the relevant territory in connection with
the goods or services in respect of which it is registered, and there are no proper reasons for
non-use. However, a Party may provide that no person may claim that the proprietor's rights in a
trademark should be revoked where, during the interval between expiry of the five-year period and
filing of the application for revocation, genuine use of the trademark has started or resumed. The
commencement or resumption of use within a period of three months preceding the filing of the
application for revocation, which began at the earliest on expiry of the continuous period of five
years of non-use, shall, however, be disregarded if preparations for the commencement or
resumption occurred only after the proprietor becomes aware that the application for revocation
may be filed.
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2. A trademark shall also be liable to revocation if, after the date on which it was registered as a
consequence of acts or inactivity of the proprietor, it has become the common name in the trade for
a good or service in respect of which it is registered.1
ARTICLE 25.26
Bad faith applications
A trademark shall be liable to be declared invalid where the application for registration of the
trademark was made in bad faith by the applicant. Each Party may also provide that such a
trademark shall not be registered.
1 A trademark may also be liable to revocation if, after the date on which it was registered in
consequence of the use made of it by the proprietor of the trademark or with his consent in
respect of the goods or services for which it is registered, it is liable to mislead the public,
particularly as to the nature, quality or geographical origin of those goods or services.
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SUB-SECTION 3
DESIGNS1
ARTICLE 25.27
International agreements
Each Party shall make all reasonable efforts to accede to the Geneva Act to the Hague Agreement
Concerning the International Registration of Industrial Designs, adopted at Geneva on 2 July 1999.
ARTICLE 25.28
Protection of registered designs2
1. Each Party shall provide for the protection of independently created designs that are new or
original.3 That protection shall be provided by registration and shall confer an exclusive right upon
its holder in accordance with the provisions of this Article.
1 References in this Chapter to designs are those to registered industrial designs.
2 The Union also grants protection to the unregistered design when it meets the requirements of
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ EU L
3, 5.1.2002, p.1).
3 A Party may provide in its laws that individual character of designs can also be required. The
European Union considers that a design has individual character if the overall impression it
produces on the informed user differs from the overall impression produced on such a user by
any design which has been made available to the public.
& /en 52
2. The holder of a registered design shall have the right to prevent third parties not having the
holder's consent at least from making, selling, importing, exporting the product bearing and
embodying the protected design or using articles bearing or embodying the protected design where
such acts are undertaken for commercial purposes, unduly prejudice the normal exploitation of the
design, or are not compatible with fair trade practice.
3. A design applied to or incorporated in a product which constitutes a component part of a
complex product shall only be considered to be new or original:
(a) if the component part, once it has been incorporated into the complex product, remains visible
during normal use of the complex product, and
(b) to the extent that visible features of the component part referred to in subparagraph (a) fulfil
in themselves the requirements of novelty or originality.
4. For the purposes of subparagraph (a) of paragraph 3, "normal use" means the use by the end
user, excluding maintenance, servicing or repair work.
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ARTICLE 25.29
Duration of protection
The duration of protection available shall amount to at least 15 years from the date of filing of the
application.
ARTICLE 25.30
Exceptions and exclusions
1. Each Party may provide for limited exceptions to the protection of designs, provided that such
exceptions do not unreasonably conflict with the normal exploitation of protected designs and do
not unreasonably prejudice the legitimate interests of the holder of the protected design, taking
account of the legitimate interests of third parties.
2. Design protection shall not extend to designs that are dictated essentially by technical or
functional considerations.
& /en 54
3. A design shall not subsist in features of appearance of a product which must necessarily be
reproduced in their exact form and dimensions in order to permit the product in which the design is
incorporated or to which it is applied to be mechanically connected to or placed in, around or
against another product so that either product may perform its own function.
4. By way of derogation from paragraph 3, a design may subsist in a design, which has the
purpose of allowing the multiple assembly or connection of mutually interchangeable products
within a modular system.
ARTICLE 25.31
Relationship to copyright
A design shall also be eligible for protection under the copyright law of a Party as from the date on
which the design was created or fixed in any form. Each Party shall determine the extent to which,
and the conditions under which, such a protection is conferred, including the level of originality
required.
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SUB-SECTION 4
GEOGRAPHICAL INDICATIONS
ARTICLE 25.32
Definition and scope
1. For the purposes of this Agreement, "geographical indication" means an indication which
identifies a good as originating in the territory of a Party, or a region or locality in its territory,
where a given quality, reputation or other characteristic of the good is essentially attributable to its
geographical origin.
2. This Sub-Section applies to geographical indications, which identify products listed in
Annex 25-C.
3. The Parties agree to consider, after the entry into force of this Agreement, extend the scope of
geographical indications covered by this Sub-Section to other product types of geographical
indications not covered by paragraph 2, and in particular handicrafts, by taking into account the
legislative developments of the Parties.
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4. A Party shall protect geographical indications of the other Party, in accordance with this
Sub-Section, if those geographical indications are protected as such in the country of origin.
ARTICLE 25.33
Listed geographical indications
Each Party, having examined both the legislation of the other Party referred to in Annex 25-A and
the geographical indications of the other Party listed in Annex 25-C, and having completed proper
publicity measures, in accordance with its laws and practices, shall protect the geographical
indications of the other Party listed in Annex 25-C, in accordance with the level of protection laid
down in this Sub-Section.
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ARTICLE 25.34
Amendment of the list of geographical indications
1. The Parties agree on the possibility to amend the list of geographical indications referred to in
Article 25.33 pursuant to Article 25.40(1). Any addition to Annex 25-C by a Party shall not exceed
45 geographical indications every three years after the date of entry into force of this Agreement.
The Parties shall add new geographical indications after the completion of the opposition procedure
in accordance with the criteria set out in Annex 25-B and after having examined the geographical
indications, to the satisfaction of both Parties.
2. When the amendment of the geographical indication listed in Annex 25-C concerns a minor
change related to the spelling of a listed geographical indication or the reference to the
denomination of the geographical area to which it is attributable, the procedure referred to in
Article 25.40 (4) applies.
3. A geographical indication pursuant to paragraphs 1 and 2, shall be listed by mutual consent of
the Parties.
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ARTICLE 25.35
Scope of protection of geographical indications
1. The geographical indications listed in Annex 25-C, as well as those added pursuant to
Article 25.34, shall be protected against:
(a) any commercial use of the geographical indication, for a product which is the same type of
product and which:
(i) does not originate in the place of origin specified in Annex 25-C for that geographical
indication; or
(ii) does originate in the place of origin specified in Annex 25-C for that geographical
indication, but which was not produced or manufactured in accordance with the product
specification of the protected name, even where the name is accompanied by terms such
as "kind", "type", "style", "imitation", "flavour", or other expressions of the sort;
(b) the use of any means in the designation or presentation of a product that indicates or suggests
that the product in question originates in a geographical area other than the true place of
origin in a manner which bears the risk of misleading the public as to the geographical origin
of the product;
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(c) any use which constitutes an act of unfair competition within the meaning of Article 10bis of
the Paris Convention, including the exploitation of the reputation of a geographical indication
or any false or misleading indication as to the provenance, origin, nature or essential qualities
of the product, on the inner or outer packaging, advertising material, or the documents related
to the goods themselves, and any practice liable to mislead the consumer as to the true origin
of the product.
2. Protected geographical indications shall not become generic in the territories of the Parties.
3. There shall be no obligation under this Sub-section to protect geographical indications which
are not, or cease to be, protected in their territory of origin.
4. A Party shall not preclude the possibility that the protection or recognition of a geographical
indication may be cancelled by the competent authorities in the territory of its origin on the basis
that the protected or recognized term has ceased meeting the conditions upon which the protection
or recognition was originally granted in its territory of origin.
5. Each Party shall notify the other Party if a geographical indication ceases to be protected in its
territory of origin. Such notification shall take place in accordance with procedures laid down in
Article 25.40.
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6. Nothing in this Sub-Section shall prejudice the right of any person to use, in the course of
trade, that person's name or the name of that person's predecessor in business, except if such name
is used with the purpose of misleading the public.
7. The protection provided under this Sub-Section shall apply to the translation of the
geographical indications listed in Annex 25-C, if the use of such translation bears the risk to
mislead the public.
8. If a translation of a geographical indication is identical to, or contains, generic or descriptive
terms, including nouns and adjectives, or terms that are customary in common language as the
common name for a product in the territory of a Party, or if a geographical indication is not
identical to, but contains such a term, the provisions of this Sub-Section shall not prejudice the right
of any person to use that term in association with that product.
9. The protection provided for under this Sub-Section does not apply to an individual component
of a multicomponent term that is protected as a geographical indication listed in Appendix 25-C-1,
if the individual component1 is a term in the common language as the common name for the
associated product.
1 In accordance with Appendix 25-C-1, which contains terms for which protection is not
sought.
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10. Nothing in this Sub-Section shall prevent the use, in the territory of a Party, with respect to
any product, of a name of a plant variety or an animal breed.1
11. For new geographical indications to be added in accordance with Article 25.34, nothing shall
require a Party to protect a geographical indication which is identical to the term that is customary
in common language as the common name for the associated product in the territory of that Party.2
ARTICLE 25.36
Right of use of geographical indications
1. A name protected under this Sub-section as a geographical indication may be used by any
operator marketing a product which conforms to the corresponding specification.
2. A name protected under this Sub-Section as a geographical indication shall not be subject to
any registration of users, or further charges.
1 Explanatory notes in Annex 25-C define the plants varieties and animal breeds the use of
which shall not be prevented.
2 In determining new geographical indications to be added, whether a term is the term
customary in common language as the common name for the relevant good in its territory, a
Party's authorities shall have the authority to take into account how consumers understand the
term in the territory of that Party. Factors relevant to such consumer understanding may
include: (a) whether the term is used to refer to the type of product in question, as indicated by
competent sources such as dictionaries, newspapers and relevant websites; or (b) how the
product referenced by the term is marketed and used in trade in the territory of that Party.
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ARTICLE 25.37
Relation between trademarks and geographical indications
1. The Parties shall refuse to register a trademark the use of which would contravene
Article 25.35 and which relates to the same type of product, provided that the application to register
such a trademark is submitted after the date of application for protection of the geographical
indication in the territory of the Party concerned.
2. Trademarks registered in breach of paragraph 1 shall be invalidated, ex officio or at the
request of an interested party, in accordance with the law and practice of the Parties.
3. For geographical indications referred to in Article 25.33, the date of submission of the
application for protection referred to in paragraph 1 and 2 shall be 1 November 2022.
4. For geographical indications added to Annex 25-C in accordance with Article 25.34, the date
of submission of the application for protection shall be the date of the transmission of a request to
the other Party to protect a geographical indication subject to the successful conclusion of the
process to amend the list of protected geographical indications referred to in Article 25.34.
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5. The Parties shall protect geographical indications also if a prior trademark exists. Prior
trademarks registered in good faith may be renewed and may be subject to variations that require
the filing of new trademark applications, provided that those variations do not undermine the
protection of geographical indications and that there are no grounds for invalidation of the
trademark under the law of the Parties.
6. For the purposes of paragraph 5 of this Article, a "prior trademark" means a trademark the use
of which contravenes Article 25.35, for which an application for registration has been made or
which has been established by use, if that possibility is provided for by the legislation concerned, in
good faith in the territory of one Party before the date on which the application for protection of the
geographical indication is submitted by the other Party under this Agreement.
ARTICLE 25.38
Enforcement of protection
Each Party shall enforce the protection provided for in Articles 25.35, 25.36 and 25.37 by
administrative action at the request of an interested party. Each Party shall provide, within its law
and practice, for additional administrative and judicial steps to prevent or stop the unlawful use of
protected geographical indications.
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ARTICLE 25.39
General rules
1. A Party shall not be required to protect a name as a geographical indication under this
Sub-Section if that name conflicts with the name of a plant variety or an animal breed and, as a
result, is likely to mislead the consumer as to the true origin of the product.
2. If geographical indications of the Parties are homonymous, protection shall be granted by the
other Party to each geographical indication, provided that there is sufficient distinction in practice
between conditions of usage and presentation of the names so as to not mislead the consumer.
3. If a Party, in the context of bilateral negotiations with a third country, proposes to protect a
geographical indication of that third country which is homonymous with a geographical indication
of the other Party, it shall inform the other Party, which shall be given the opportunity to comment
before that geographical indication is protected.
4. Import, export and marketing of products corresponding to the geographical indications
referred to in Annex 25-C shall be conducted in compliance with the laws and regulations applying
in the territory of the Party in which the products are placed on the market.
5. Any matter arising from product specifications of protected geographical indications shall be
dealt with in the Sub-Committee referred to in Article 25.40.
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6. The geographical indications protected under this Sub-Section may only be cancelled by the
Party in which the product originates. A Party shall notify the other Party if a geographical
indication listed in Annex 25-C ceases to be protected in its territory. Following such notification,
Annex 25-C shall be amended pursuant to Article 25.40(3).
7. A product specification referred to in this Sub-Section shall be that approved, including any
amendments also approved, by the authorities of the Party in the territory from which the product
originates.
ARTICLE 25.40
Sub-Committee, co-operation and transparency
1. For the purposes of this Sub-Section, the Sub-Committee referred to in Article 25.66 may
recommend to the Trade Council to amend, pursuant to subparagraph (a) of Article 33.1(6):
(a) Annex 25-A as regards the references to the law applicable in the Parties;
(b) Annex 25-B as regards the criteria to be included in the opposition procedure; and
(c) Annex 25-C as regards the geographical indications.
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2. For the purposes of this Sub-Section, the Sub-Committee referred to in Article 25.66 shall be
responsible for exchanging information on:
(a) legislative and policy developments on geographical indications;
(b) geographical indications for the purpose of considering their protection in accordance with
this Sub-Section; and
(c) any other matter of mutual interest in the area of geographical indications.
3. Following the notification referred to in Article 25.39(6), the Sub-Committee shall
recommend to the Trade Council to amend Annex 25-C in accordance with subparagraph (c) of
paragraph 1 of this Article to end the protection under this Agreement.
4. In case of a minor change related to the spelling of a listed geographical indication or the
reference to the denomination of the geographical area to which it is attributable, a Party shall
notify the other Party in the Sub-Committee of such change together with its explanation. The
Sub-Committee shall recommend to the Trade Council to amend Annex 25-C, pursuant to
subparagraph (a) of Article 33.1(6), with such minor change.
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5. The Parties shall, either directly or through the Sub-Committee, remain in contact on all
matters relating to the implementation and the functioning of this Sub-Section. In particular, a Party
may request from the other Party information relating to product specifications and their
amendments, as well as contact points for administrative enforcement.
6. The Parties may make publicly available the product specifications or a summary thereof and
contact points for administrative enforcement corresponding to the geographical indications of the
other Party protected pursuant to this Sub-Section.
ARTICLE 25.41
Other protection
1. This Sub-Section shall apply without prejudice to the rights and obligations of the Parties in
accordance with the WTO Agreement, or any other multilateral agreement on intellectual property
law to which the European Union and Chile are parties.
2. This Sub-Section is without prejudice to the right to seek recognition and protection of a
geographical indication under the relevant legislation of the Parties.
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SUB-SECTION 5
PATENTS
ARTICLE 25.42
International agreements
Each Party1 shall comply with the Patent Cooperation Treaty, done at Washington on 19 June 1970,
as amended on 28 September 1979, last modified on 3 October 2001.
ARTICLE 25.43
Supplementary protection in case of delays in marketing approval for pharmaceutical products
1. The Parties recognise that pharmaceutical products protected by a patent in their respective
territory may be subject to a marketing approval or sanitary permit procedure before being put on
the market.
1 For the European Union, the obligation under this Article is fulfilled by the Member States.
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2. Each Party shall provide for an adequate and effective mechanism which provides an
additional term of protection to compensate the patent owner for the reduction of the effective
patent protection resulting from unreasonable delays1 in the granting of the first marketing approval
or sanitary permit in its territory. The additional term of protection shall not exceed five years.
3. Notwithstanding paragraph 2, a Party may provide for further protection, in accordance with
its laws and regulations, for a product which is protected by a patent and which has been subject to
a marketing approval or sanitary permit procedure, to compensate the holder of a patent for the
reduction of the effective patent protection. The duration of such further protection shall not exceed
five years.2
4. For greater certainty, in implementing the obligations of this Article, each Party may provide
for conditions and limitations, provided that the Party continues to give effect to this Article.
1 For the purposes of this Article, an unreasonable delay shall include a delay of at least more
than two years in the first substantive response to the applicant after the date of filing of the
application for marketing approval or the sanitary permit. Any delays that occur in the
granting of a marketing approval or sanitary permit due to periods attributable to the applicant
or any period that is beyond the control of the authority processing the application for
marketing approval or of the sanitary registration authority need not be included in the
determination of such delay.
2 This maximum duration is without prejudice to a possible further extension of the period of
protection in the case of medicinal products for which pediatric studies have been carried out,
and the results of those studies are reflected in the product information.
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5. Each Party shall make best efforts to process applications for marketing approval or sanitary
registration of pharmaceutical products in an efficient and timely manner, with a view to avoiding
unreasonable or unnecessary delays. With the objective of avoiding unreasonable delays, a Party
may adopt or maintain procedures that expedite the processing of applications for marketing
approval or sanitary permit.
SUB-SECTION 6
PROTECTION OF UNDISCLOSED INFORMATION
ARTICLE 25.44
Scope of protection of trade secrets
1. In fulfilling its obligation to comply with the TRIPS Agreement, and in particular paragraphs
1 and 2 of Article 39 of the TRIPS Agreement, each Party shall provide for appropriate civil judicial
procedures and remedies for any trade secret holder to prevent, and obtain redress for, the
acquisition, use or disclosure of a trade secret whenever carried out in a manner contrary to honest
commercial practices.
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2. For the purposes of this Sub-Section:
(a) "trade secret" means information that:
(i) is secret in the sense that it is not, as a body or in the precise configuration and assembly
of its components, generally known among or readily accessible to persons within the
circles that normally deal with the kind of information in question;
(ii) has commercial value because it is secret; and
(iii) has been subject to reasonable steps under the circumstances, by the person lawfully in
control of the information, to keep it secret;
(b) "trade secret holder" means any natural or juridical person lawfully controlling a trade secret.
3. For the purposes of this Sub-Section, at least the following conducts shall be considered
contrary to honest commercial practices:
(a) the acquisition of a trade secret without the consent of the trade secret holder, whenever
carried out by unauthorised access to, appropriation of, or copying of any documents, objects,
materials, substances or electronic files, lawfully under the control of the trade secret holder,
containing the trade secret or from which the trade secret can be deduced;
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(b) the use or disclosure of a trade secret whenever carried out, without the consent of the trade
secret holder, by a person who is found to meet any of the following conditions:
(i) having acquired the trade secret in a manner referred to in subparagraph (a);
(ii) being in breach of a confidentiality agreement or any other duty not to disclose the trade
secret; or
(iii) being in breach of a contractual or any other duty to limit the use of the trade secret;
(c) the acquisition, use or disclosure of a trade secret whenever carried out by a person who, at
the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have
known that the trade secret had been obtained directly or indirectly from another person who
was using or disclosing the trade secret unlawfully within the meaning of subparagraph (b).
4. Nothing in this Sub-Section shall be understood as requiring either Party to consider any of
the following conducts as contrary to honest commercial practices:
(a) independent discovery or creation by a person of the relevant information;
(b) reverse engineering of a product by a person who is lawfully in possession of it and who is
free from any legally valid duty to limit the acquisition of the relevant information;
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(c) acquisition, use or disclosure of information required or allowed by the law of that Party; or
(d) use by employees of their experience and skills honestly acquired in the normal course of
their employment.
5. Nothing in this Sub-Section shall be understood as restricting freedom of expression and
information, including media freedom, as protected in each Party.
ARTICLE 25.45
Civil judicial procedures and remedies of trade secrets
1. Each Party shall ensure that any person participating in the civil judicial proceedings referred
to in Article 25.44 or who has access to documents that form part of those legal proceedings, is not
permitted to use or disclose any trade secret or alleged trade secret which the competent judicial
authorities have, in response to a duly reasoned application by an interested party, identified as
confidential and of which that person became aware as a result of such participation or access.
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2. In the civil judicial proceedings referred to in Article 25.44, each Party shall provide that its
judicial authorities have the authority at least to:
(a) order provisional measures, in accordance with the laws and regulations of a Party, to prevent
the acquisition, use or disclosure of the trade secret in a manner contrary to honest
commercial practices;
(b) order injunctive relief to prevent the acquisition, use or disclosure of the trade secret in a
manner contrary to honest commercial practices;
(c) order the person that knew or ought to have known that they were acquiring, using or
disclosing a trade secret in a manner contrary to honest commercial practices to pay the trade
secret holder damages that are appropriate to the actual prejudice suffered as a result of such
acquisition, use or disclosure of the trade secret;
(d) take specific measures to preserve the confidentiality of any trade secret or alleged trade
secret produced in civil proceedings relating to the alleged acquisition, use and disclosure of a
trade secret in a manner contrary to honest commercial practices; such specific measures may
include, in accordance with the law of the Party concerned, the possibility of:
(i) restricting access to certain documents in whole or in part;
(ii) restricting access to hearings and their corresponding records or transcripts;
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(iii) making available a non-confidential version of the judicial decision in which the
passages containing trade secrets have been removed or redacted;
(e) impose sanctions on parties or any other persons participating in the legal proceedings who
fail or refuse to comply with the orders of competent judicial authorities concerning the
protection of the trade secret or alleged trade secret.
3. Each Party shall ensure that its judicial authorities do not have to apply the judicial
procedures and remedies referred to in Article 25.44 if the conduct contrary to honest commercial
practices is carried out, in accordance with its law, to reveal misconduct, wrongdoing or illegal
activity or for the purpose of protecting a legitimate interest recognised by the law of that Party.
ARTICLE 25.46
Protection of undisclosed data related to pharmaceutical products
1. If a Party requires, as a condition for a marketing approval or sanitary permit of a
pharmaceutical product which utilises a new chemical entity that has not been previously approved,
the submission of an undisclosed test or other data necessary to determine whether the use of that
product is safe and effective, the Party shall protect such data against disclosure to third parties if
the origination of such data involves considerable effort, except where the disclosure is necessary
for an overriding public interest or unless steps are taken to ensure that the data are protected
against unfair commercial use.
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2. Each Party shall ensure that, for at least five years from the date of a first marketing approval
or sanitary permit in the Party concerned, a pharmaceutical product subsequently authorised on the
basis of the results of pre-clinical tests and clinical trials submitted in the application for the first
marketing approval or sanitary permit shall not be placed on the market without the explicit consent
of the holder of the first marketing approval or sanitary permit.
3. There shall be no limitation on either Party to implement abbreviated authorisation procedures
for pharmaceutical products on the basis of bioequivalence and bioavailability studies.
4. Each Party may provide for conditions and limitations in implementing the obligations of this
Article, provided that the Party continues to give effect to this Article.
ARTICLE 25.47
Protection of data related to agrochemical products
1. If a Party requires, as a condition for granting marketing authorisation for an agrochemical
product which utilises a new chemical entity, the submission of tests or study reports concerning the
safety and efficacy of that product, that Party shall not grant the authorisation for another product
on the basis of those tests or study reports without the consent of the person that previously
submitted them, for at least ten years after the date of the marketing authorisation of the
agrochemical product.
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2. A Party may limit the protection under this Article to tests or study reports that fulfil the
following conditions:
(a) they are necessary for the authorisation or for an amendment of an authorisation to allow the
use on other crops; and
(b) they are certified as compliant with the principles of good laboratory practice or of good
experimental practice.
3. Each Party may establish rules to avoid duplicative testing on vertebrate animals.
4. In implementing the obligations of this Article, each Party may provide for conditions and
limitations, provided that the Party continues to give effect to this Article.
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SUB-SECTION 7
PLANT VARIETIES
ARTICLE 25.48
Protection of plant variety rights
The Parties shall protect plant variety rights, in accordance with the International Convention for
the Protection of New Varieties of Plants of 2 December 1961, as lastly revised at Geneva
on 19 March 1991 ("the UPOV Convention"), including the exceptions to the breeder's right as
referred to in Article 15 of the UPOV Convention, and cooperate to promote and enforce those
rights.
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SECTION C
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
SUB-SECTION 1
CIVIL AND ADMINISTRATIVE ENFORCEMENT
ARTICLE 25.49
General obligations
1. Each Party reaffirms its commitments under the TRIPS Agreement and shall ensure the
enforcement of intellectual property rights in accordance with its law and practice. The Parties shall
provide for the measures, procedures and remedies provided for under this Sub-section.
2. This Section shall not apply to the rights covered by Sub-Section 6 of Section B.
3. A Party shall provide for measures, procedures and remedies that shall be fair and equitable,
and shall not be unnecessarily complicated or costly or entail unreasonable time-limits or
unwarranted delays.
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4. Those measures, procedures and remedies shall also be effective, proportionate and dissuasive
and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to
provide for safeguards against their abuse.
5. Nothing in this Section creates any obligation on either Party:
(a) to put in place a judicial system for the enforcement of intellectual property rights that is
distinct from that for the enforcement of law in general; or
(b) with respect to the distribution of resources as between enforcement of intellectual property
rights and the enforcement of law in general.
ARTICLE 25.50
Persons entitled to seek application of enforcement measures, procedures and remedies
Each Party shall recognise the following as persons entitled to seek application of the measures,
procedures and remedies referred to in this Section and in Part III of the TRIPS Agreement:
(a) holders of intellectual property rights in accordance with the law of each Party;
(b) all other persons authorised to use those rights, in particular licensees, insofar as permitted by
and in accordance with the law of each Party;
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(c) intellectual property collective rights management bodies which are regularly recognised as
having a right to represent holders of intellectual property rights, insofar as permitted by and
in accordance with the law of each Party;
(d) entities1 which are regularly recognised as having a right to represent holders of intellectual
property rights, insofar as permitted by and in accordance with the law of each Party.
ARTICLE 25.51
Evidence
1. Each Party shall ensure that, even before the commencement of proceedings on the merits of
the case, the competent judicial authorities may, upon submission of an application by a party who
has presented reasonably available evidence to support their claims that their intellectual property
right has been infringed or is about to be infringed, order prompt and effective provisional measures
to preserve relevant evidence in respect of the alleged infringement, subject to the protection of
confidential information under the law of that Party. In ordering provisional measures, the judicial
authorities shall take into account the legitimate interests of the alleged infringer.
1 For Chile, the term "entities" means "federations and associations". For the European Union,
the term "entities" means "professional defence bodies".
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2. The provisional measures referred to in paragraph 1 may include a detailed description, with
or without the taking of samples, or the physical seizure of the allegedly infringing goods and, in
appropriate cases, the materials and implements predominantly used in the production or
distribution of those goods and the documents relating thereto.
3. Each Party shall, in case of infringement of an intellectual property right committed on a
commercial scale, take the measures that are necessary to enable the competent judicial authorities
to order, where appropriate, upon application by a party, the communication of banking, financial or
commercial documents under the control of the opposing party, subject to the protection of
confidential information.
ARTICLE 25.52
Right of information
1. Each Party shall ensure that, during civil proceedings concerning an infringement of an
intellectual property right and in response to a justified and proportionate request of the claimant,
the competent judicial authorities may order the infringer or any other person to provide
information on the origin and distribution networks of the goods or services which infringe an
intellectual property right.
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2. For the purposes of paragraph 1, "any other person" means a person who, at least:
(a) was found in possession of the infringing goods on a commercial scale;
(b) was found to be using the infringing services on a commercial scale;
(c) was found to be providing, on a commercial scale, services used in infringing activities; or
(d) was indicated by the person referred to in this paragraph, as being involved in the production,
manufacture or distribution of the infringing goods or the provision of the infringing services.
3. The information referred to in paragraph 1 may, as appropriate, comprise:
(a) the names and addresses of the producers, manufacturers, distributors, suppliers and other
previous holders of the goods or services, as well as the intended wholesalers and retailers;
and
(b) the quantities produced, manufactured, delivered, received or ordered, as well as the price
obtained for the goods or services in question.
4. This Article shall apply without prejudice to other laws of a Party which:
(a) grant the right holder rights to receive fuller information;
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(b) govern the use, in civil proceedings, of the information communicated pursuant to this
Article;
(c) govern responsibility for misuse of the right of information;
(d) afford an opportunity for refusing to provide information which would force the person
referred to in paragraph 1 to admit their own participation or that of their close relatives in an
infringement of an intellectual property right; or
(e) govern the protection of confidentiality of information sources or the processing of personal
data.
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ARTICLE 25.53
Provisional and precautionary measures
1. Each Party shall ensure that the judicial authorities may, at the request of the applicant, issue
against the alleged infringer an interlocutory injunction intended to prevent any imminent
infringement of an intellectual property right, or to forbid, on a provisional basis and subject, where
appropriate, to a recurring penalty payment if provided for by the law of that Party, the continuation
of the alleged infringements of that right, or to make such continuation subject to the lodging of
guarantees intended to ensure the compensation of the right holder. An interlocutory injunction may
also be issued, under the same conditions, where appropriate, against a third party1 over whom the
relevant judicial authority exercises jurisdiction and whose services are used to infringe an
intellectual property right.
2. Each Party shall ensure that its judicial authorities may, at the request of the applicant, order
the seizure or the delivery up2 of goods suspected of infringing an intellectual property right, so as
to prevent their entry into, or movement within, the channels of commerce.
1 For the purposes of this Article, a Party may provide that a "third party" includes an
intermediary.
2 A Party may choose between seizure and delivery up to implement this paragraph.
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3. In the case of an alleged infringement committed on a commercial scale, each Party shall
ensure that, if the applicant demonstrates circumstances likely to endanger the recovery of damages,
the judicial authorities may order the precautionary seizure of the movable and immovable property
of the alleged infringer, including the blocking of their bank accounts and other assets. For those
purposes, the competent authorities may order the communication of bank, financial or commercial
documents, or appropriate access to the relevant information.
ARTICLE 25.54
Remedies
1. Each Party shall ensure that the judicial authorities have the authority to order, at the request
of the applicant and without prejudice to any damages due to the right holder by reason of the
infringement, and without compensation of any sort, the destruction or at least the definitive
removal from the channels of commerce, of goods that they have found to be infringing an
intellectual property right. If appropriate, the judicial authorities may also order the destruction of
materials and implements predominantly used in the creation or manufacture of those goods.
2. The judicial authorities of each Party shall have the authority to order that those measures be
carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.
3. In considering a request for remedies the need for proportionality between the seriousness of
the infringement and the remedies ordered as well as the interests of third parties shall be taken into
account.
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ARTICLE 25.55
Injunctions
Each Party shall ensure that, where a judicial decision is taken finding an infringement of an
intellectual property right, the judicial authorities may issue against the infringer and, if appropriate,
against a third party1 over whom the relevant judicial authority exercises jurisdiction and whose
services are used to infringe an intellectual property right, an injunction aimed at prohibiting the
continuation of the infringement.
ARTICLE 25.56
Alternative measures
Each Party may provide that the judicial authorities, in appropriate cases and at the request of the
person liable to be subject to the measures provided for in Article 25.54 or 25.55, may order
pecuniary compensation to be paid to the injured party instead of applying the measures provided
for in Article 25.54 or 25.55 if that person acted unintentionally and without negligence, if
execution of the measures in question would cause that person disproportionate harm and if
pecuniary compensation to the injured party appears reasonably satisfactory.
1 For the purposes of this Article, a Party may provide that a "third party" includes an
intermediary.
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ARTICLE 25.57
Damages
1. Each Party shall ensure that the judicial authorities, on application of the injured party, order
the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity,
to pay the right holder damages adequate to compensate for the injury that the right holder has
suffered as a result of the infringement.
2. In determining the amount of damages under paragraph 1, the judicial authorities of each
Party shall have the authority to consider, inter alia, any legitimate measure of value that the right
holder submits, which may include lost profits, the value of the infringed goods or services
measured by the market price, or the suggested retail price1. At least in cases of copyright or related
rights infringement and trademark counterfeiting, each Party shall provide that, in civil judicial
proceedings, its judicial authorities have the authority to order the infringer to pay the right holder
the infringer's profits that are attributable to the infringement, whether as an alternative to, in
addition to, or as part of the damages.
3. As an alternative to paragraph 2, each Party may provide that its judicial authorities have the
authority, in appropriate cases, to set the damages as a lump sum on the basis of elements such as at
least the amount of royalties or fees which would have been due if the infringer had requested
authorisation to use the intellectual property right in question.
1 For the European Union, this would also include, as appropriate, elements other tan economic
factors such as the moral prejudice caused to the right holder by the infringement.
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4. Nothing in this Article precludes either Party from providing that, if the infringer did not
knowingly, or with reasonable grounds to know, engage in infringing activity, its judicial
authorities may order in favour of the injured party the recovery of profits or the payment of
damages, which may be pre-established.
ARTICLE 25.58
Legal costs
Each Party shall provide that its judicial authorities, where appropriate, have the authority to order,
at the conclusion of civil judicial proceedings concerning the enforcement of intellectual property
rights, that the prevailing party be awarded the payment by the losing party of legal costs and other
expenses, as provided for under the law of the Party concerned.
ARTICLE 25.59
Publication of judicial decisions
Each Party shall ensure that, in legal proceedings instituted for infringement of an intellectual
property right, the judicial authorities may order, at the request of the applicant and at the expense
of the infringer, appropriate measures for the dissemination of the information concerning the
decision, including displaying the decision and publishing it in full or in part.
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ARTICLE 25.60
Presumption of authorship or ownership
The Parties shall recognise that for the purposes of applying the measures, procedures and remedies
provided for in this Section :
(a) for the author of a literary or artistic work, in the absence of proof to the contrary, to be
regarded as such, and consequently to be entitled to institute infringement proceedings, it
shall be sufficient for the name of the author to appear on the work in the usual manner; and
(b) subparagraph (a) shall apply mutatis mutandis to the holders of rights related to copyright
with regard to their protected subject matter.
ARTICLE 25.61
Administrative procedures
To the extent that any civil remedy can be ordered as a result of administrative procedures on the
merits of a case, such procedures shall conform to principles that are equivalent in substance to
those set forth in the relevant provisions of this Sub-Section.
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SUB-SECTION 2
BORDER ENFORCEMENT
ARTICLE 25.62
Border measures
1. With respect to goods under customs control, each Party shall adopt or maintain procedures
under which a right holder may submit applications requesting competent authorities to suspend the
release of or detain suspected goods. For the purposes of this Sub-Section, "suspected goods" means
goods suspected of infringing trademarks, copyrights and related rights, geographical indications,
patents, utility models, industrial designs and topographies of integrated circuits.
2. Each Party shall have in place electronic systems for the management by competent
authorities of the applications granted or recorded.
3. Each Party shall ensure that its competent authorities do not charge a fee to cover the
administrative costs resulting from the processing of an application or a recordation.
4. Each Party shall ensure that its competent authorities decide about granting or recording of an
application within a reasonable period of time.
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5. Each Party shall ensure that the granted or recorded application or recordation applies to
multiple shipments.
6. With respect to goods under customs control, each Party shall ensure that its customs
authorities may act upon their own initiative to suspend the release of or detain goods suspected of
infringing trademarks or copyright.
7. Customs authorities shall use risk analysis to identify goods suspected of infringing
intellectual property rights. Each Party shall implement this paragraph in accordance with its law.
8. Each Party may have in place procedures allowing for the destruction of goods suspected of
infringing intellectual property rights, without the need for prior administrative or judicial
proceedings for the formal determination of the infringements in cases where the persons concerned
agree or do not oppose to such destruction. If such goods are not destroyed, each Party shall ensure
that, except in exceptional circumstances, such goods are disposed of outside the commercial
channel in a manner that avoids any harm to the right holder.
9. Each Party may have in place procedures allowing for the swift destruction of counterfeit
trademark and pirated goods that are sent through postal or express couriers consignments.
10. A Party may decide not to apply this Article to the import of goods that are put on the market
of a third country by, or with the consent of, the right holders. A Party may also decide not to apply
this Article to goods of a non-commercial nature contained in travellers' personal luggage.
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11. The customs authorities of the Parties shall maintain a regular dialogue and promote
cooperation with the relevant stakeholders and with other authorities involved in the enforcement of
intellectual property rights.
12. The Parties shall cooperate in respect of international trade in suspected goods. In particular,
the Parties shall share, as far as possible, information on trade in suspected goods affecting the other
Party.
13. Without prejudice to other forms of cooperation, the Protocol to this Agreement on Mutual
Administrative Assistance in Customs Matters applies to breaches of legislation on intellectual
property rights for the enforcement of which the customs authorities of a Party are competent in
accordance with this Article.
ARTICLE 25.63
Consistency with GATT and TRIPS Agreement
In implementing border measures for the enforcement of intellectual property rights by its customs
authorities, whether or not covered by this Sub-section, each Party shall ensure consistency with its
obligations under GATT 1994 and the TRIPS Agreement and, in particular, with Article V of
GATT 1994 and Article 41 and Section 4 of Part III of the TRIPS Agreement.
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SECTION D
FINAL PROVISIONS
ARTICLE 25.64
Cooperation
1. The Parties shall cooperate with a view to supporting the implementation of the commitments
and obligations undertaken under this Chapter.
2. The areas of cooperation on intellectual property rights protection and enforcement matters
may include but are not limited to the following activities:
(a) exchange of information on the legal framework concerning intellectual property rights and
relevant rules of protection and enforcement;
(b) exchange of experience between the Parties on legislative progress;
(c) exchange of experience between the Parties on the enforcement of intellectual property rights;
(d) exchange of experience between the Parties on enforcement at central and sub-central level by
customs authorities, police, administrative and judiciary authorities;
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(e) coordination to prevent exports of counterfeit goods, including with third countries;
(f) technical assistance, capacity building; exchange and training of personnel;
(g) the protection and defence of intellectual property rights and the dissemination of information
in this regard in, inter alia, business circles and civil society;
(h) public awareness of consumers and right holders, as well as enhancement of institutional
cooperation, particularly between their intellectual property offices;
(i) active promotion of awareness and education of the general public on policies concerning
intellectual property rights;
(j) public-private collaboration engaging SMEs, including at SME-focused events or gatherings,
regarding the protection and enforcement of intellectual property rights and the reduction of
their infringement; and
(k) formulation of effective strategies to identify audiences and communication programmes to
increase consumer and media awareness on the impact of intellectual property rights'
violations, including the risk to health and safety and the connection to organised crime.
3. Each Party may make publicly available the product specifications, or a summary thereof, and
relevant contact points for control or management of geographical indications of the other Party as
protected pursuant to Sub-Section 4 of Section B.
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4. The Parties shall, either directly or through the Sub-Committee referred to in Article 25.66,
maintain contact on all matters related to the implementation and functioning of this Chapter.
ARTICLE 25.65
Voluntary stakeholder initiatives
Each Party shall endeavour to facilitate voluntary stakeholder initiatives to reduce intellectual
property rights infringements, including online and in other marketplaces focusing on concrete
problems and seeking practical solutions that are realistic, balanced, proportionate and fair for all
concerned including in the following ways:
(a) each Party shall endeavour to convene stakeholders consensually in its territory to facilitate
voluntary initiatives to find solutions and resolve differences regarding the protection and
enforcement of intellectual property rights and reducing infringement;
(b) each Party shall endeavour to exchange information with the other Party regarding efforts to
facilitate voluntary stakeholder initiatives in its territory; and
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(c) the Parties shall endeavour to promote open dialogue and cooperation among the Parties'
stakeholders, and to encourage the Parties' stakeholders to jointly find solutions and resolve
differences regarding the protection and enforcement of intellectual property rights and
reducing their infringement.
ARTICLE 25.66
Sub-Committee on Intellectual Property
The Sub-Committee on Intellectual Property ("Sub-Committee"), established pursuant to
Article 33.4(1), shall monitor and ensure proper implementation and functioning of this Chapter and
Annexes 25-A, 25-B and 25-C. The Sub-Committee shall also perform specific tasks attributed to it
in this Chapter, including Article 25.40.
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CHAPTER 26
TRADE AND SUSTAINABLE DEVELOPMENT
SECTION A
COMMON PROVISIONS
ARTICLE 26.1
Objectives
1. The Parties recall the Agenda 21 on Environment and Development, adopted at the UN
Conference on Environment and Development held in Rio de Janeiro, on 3 to 14 June 1992, the
Johannesburg Plan of Implementation of the World Summit on Sustainable Development of 2002,
the International Labour Organization ("ILO") Declaration on Social Justice for a Fair
Globalization, adopted by the International Labour Conference at its 97th Session, held in Geneva
on 10 June 2008 (the "ILO Declaration on Social and Justice for a Fair Globalization"), the
Outcome Document of the UN Conference on Sustainable Development of 2012 entitled "The
Future We Want", and the 2030 Agenda and its Sustainable Development Goals.
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2. The Parties recognise that sustainable development encompasses economic development,
social development and environmental protection, all three being interdependent and mutually
reinforcing for the welfare of present and future generations.
3. In light of the above, the objective of this Chapter is to enhance the trade and investment
relationship between the Parties in a way that contributes to sustainable development, in particular
its labour1 and environmental dimensions that are relevant to trade and investment.
4. This Chapter embodies a cooperative approach based on common values and interests.
ARTICLE 26.2
Right to regulate and levels of protection
1. The Parties recognise the right of each Party to determine its sustainable development policies
and priorities, in particular to establish its own levels of domestic labour and environmental
protection and its own labour and environmental priorities, and to adopt or modify its law related to
labour and environment and policies accordingly.
1 For the purposes of this Chapter, the term "labour" means the strategic objectives of the ILO
under the Decent Work Agenda, which is expressed in the ILO Declaration on Social Justice
for a Fair Globalization.
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2. The levels of protection, law and policies referred to in paragraph 1 shall be consistent with
each Party's commitment to the multilateral environmental agreements ("MEAs") and multilateral
labour standards and agreements, referred to in this Chapter to which it is party.
3. Each Party shall strive to ensure that its environmental and labour laws, regulations and
policies provide for and encourage a high level of environmental and labour protection and shall
strive to continue improving its levels of environmental and labour protection provided in its laws,
regulations and policies.
4. A Party shall not weaken or reduce the levels of protection afforded in its environmental and
labour laws and regulations in order to encourage trade or investment.
5. A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate
from, its environmental and labour laws and regulations in a manner that weakens or reduces the
levels of protection afforded in those laws and regulations in order to encourage trade or
investment.
6. A Party shall not, through a sustained or recurring course of action or inaction, fail to
effectively enforce its environmental and labour laws and regulations in a manner affecting trade or
investment.
7. Each Party retains the right to exercise reasonable discretion and to make bona fide decisions
with regard to the allocation of enforcement resources in accordance with priorities for the
enforcement of its environmental and labour laws and regulations.
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8. A Party shall not apply its environmental and labour laws and regulations in a manner which
would constitute a disguised restriction on trade or investment.
ARTICLE 26.3
Trade and responsible business conduct and management of supply chains
1. The Parties recognise the importance of responsible management of supply chains through
responsible business conduct or corporate social responsibility practices, and the role of trade in
pursuing this objective.
2. In accordance with paragraph 1, each Party shall:
(a) promote responsible business conduct or corporate social responsibility by encouraging the
uptake by businesses of relevant practices that are consistent with internationally recognised
principles, standards and guidelines, including sectorial guidelines of due diligence, that have
been endorsed or are supported by that Party; and
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(b) support the dissemination and use of relevant international instruments that have been
endorsed or are supported by that Party, such as the OECD Guidelines for Multinational
Enterprises, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises
and Social Policy adopted in Geneva in November 1977 (the "ILO Tripartite Declaration of
Principles concerning Multinational Enterprises and Social Policy"), the UN Global Compact
and the UN Guiding Principles on Business and Human Rights endorsed by the Human
Rights Council in its Resolution 17/4 of 16 June 2011.
3. The Parties recognise the utility of international sector-specific guidelines in the area of
corporate social responsibility or responsible business conduct and shall promote joint work in this
regard. The Parties shall also implement measures to promote the adherence to OECD Due
Diligence Guidelines.
4. The Parties recognise the importance of promoting trade in goods that contribute to enhanced
social conditions and environmentally sound practices, such as environmental goods and services
contributing to a resource-efficient, low-carbon economy, goods whose production is not linked to
deforestation and goods that are the subject of voluntary sustainability assurance schemes and
mechanisms.
5. The Parties shall exchange information as well as best practices and, as appropriate, cooperate
bilaterally, regionally and in international fora, on issues covered by this Article.
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ARTICLE 26.4
Scientific and technical information
1. When establishing or implementing measures aimed at protecting the environment or labour
conditions that may affect trade or investment between the Parties, each Party shall take into
account available scientific and technical evidence, preferably from recognised technical and
scientific bodies, as well as relevant international standards, guidelines or recommendations, where
they exist.
2. If scientific evidence or information is insufficient or inconclusive and there is a risk of
serious environmental degradation or risk to occupational health and safety in its territory, a Party
may adopt measures based on the precautionary principle. Such measures shall be subject to review
if new or additional scientific information becomes available.
3. If a measure adopted in accordance with paragraph 2 has an impact on trade or investment
between the Parties, a Party may request the Party that adopted the measure to provide information
indicating that the measure is consistent with its own levels of protection, and may request
discussion of the matter in the Sub-Committee on Trade and Sustainable Development.
4. Such measures shall not be applied in a manner which would constitute a means of arbitrary
or unjustifiable discrimination or a disguised restriction on trade or investment.
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ARTICLE 26.5
Transparency and good regulatory practices
The Parties recognise the importance of the application of the rules on transparency and good
regulatory practices in accordance with Chapters 28 and 29, in particular the rules providing
opportunities for interested persons to submit views in respect of:
(a) measures aimed at protecting the environment and labour conditions that may affect trade or
investment; and
(b) trade or investment measures that may affect the protection of the environment or labour
conditions.
ARTICLE 26.6
Public awareness, information, participation and procedural guarantees
1. Each Party shall promote public awareness of its labour and environmental laws and
regulations, including by ensuring that its labour and environmental laws and regulations and
enforcement and compliance procedures are publicly available.
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2. Each Party shall seek to accommodate requests for information from any person regarding the
Party's implementation of this Chapter.
3. Each Party shall make use of the mechanisms referred to in Articles 33.5, 33.6 and 33.7 to
seek views on matters related to the implementation of this Chapter.
4. Each Party shall provide for the receipt of, and give due consideration to, communications
and opinions by way of written submissions from a person of that Party on matters related to the
implementation of this Chapter in accordance with its domestic procedures. A Party shall respond in
writing and in a timely manner to such submissions. It may notify such communications and
opinions to its Domestic Consultative Group established pursuant to Article 33.6 and the contact
point of the other Party designated pursuant to Article 26.19(6).
5. Each Party shall, in accordance with its law, ensure that access to administrative or judicial
procedures is available to persons with a legally recognised interest in a particular matter or who
claim that their right has been infringed, in order to permit action against infringements of its
environmental or labour law, including appropriate remedies for violations of such law.
6. Each Party shall, in accordance with its law, ensure that the procedures referred to in
paragraph 5 comply with due process, are not prohibitively costly, do not entail unreasonable time
limits or unwarranted delays, provide injunctive relief if appropriate, and are fair, equitable and
transparent.
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ARTICLE 26.7
Cooperation activities
1. The Parties recognise the importance of cooperation activities on trade-related aspects of
environmental and labour policies in order to achieve the objectives of this Agreement and
implement this Chapter.
2. Cooperation activities can be developed and implemented with the participation of
international and regional organisations as well as with third countries, businesses, employers' and
workers' organisations, education and research organisations and other non-governmental
organisations, as appropriate.
3. Cooperation activities shall be carried out on issues and topics agreed upon by the Parties to
address matters of common interest.
4. The Parties may cooperate on issues as specified throughout this Chapter as well as,
inter alia:
(a) labour and environmental aspects of trade and sustainable development in international fora,
including in particular the WTO, the UN High-level Political Forum on Sustainable
Development, the UN Environment Programme ("UNEP"), the ILO and MEAs;
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(b) the impact of labour and environmental laws and standards on trade and investment;
(c) the impact of trade and investment law on labour and the environment; and
(d) trade-related aspects of:
(i) initiatives on sustainable consumption and production, including those aimed at
promoting a circular economy and green growth and pollution abatement; and
(ii) initiatives to promote environmental goods and services, including by addressing related
non-tariff barriers.
5. The priorities for cooperation activities shall be decided jointly by the Parties based on areas
of mutual interest and available resources.
6. The Parties may carry out activities in the cooperation areas set out in this Chapter in person
or by any technological means available to the Parties.
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SECTION B
ENVIRONMENT AND TRADE
ARTICLE 26.8
Objectives
1. The Parties aim to promote mutually supportive trade and environmental policies, high levels
of environmental protection in line with MEAs to which they are party respectively and effective
enforcement of their respective environmental laws and regulations, and to enhance their capacity to
address trade-related environmental issues, including through cooperation.
2. The Parties recognise that enhanced cooperation to protect and conserve the environment and
sustainably manage their natural resources has benefits that can contribute to sustainable
development, strengthen their environmental governance and complement the objectives of this
Agreement.
3. The Parties recognise the importance of mutually supportive trade and environmental policies
and practices to improve environmental protection in promoting sustainable development.
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ARTICLE 26.9
Multilateral environmental governance and agreements
1. The Parties recognise the importance of the UN Environment Assembly of the UNEP. The
Parties recognise the critical role of MEAs in addressing global, regional and domestic
environmental challenges. The Parties further recognise the need to enhance mutual supportiveness
between trade and environmental policies. Accordingly, each Party shall effectively implement
MEAs and protocols to which it is party.
2. The Parties recognise the right of each Party to adopt or maintain measures to further the
objectives of MEAs to which it is party.
3. The Parties shall engage in dialogue and cooperate, as appropriate, on trade and
environmental issues of mutual interest, in particular with respect to MEAs. This shall include
regular exchanges of information on the initiatives of each Party regarding the ratifications of
MEAs, including their protocols and amendments.
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ARTICLE 26.10
Trade and climate change
1. The Parties recognise the importance of MEAs in the area of climate change, in particular the
need to achieve the objective of the UN Framework Convention on Climate Change, done at New
York on 9 May 1992 ("UNFCCC") and the purpose and goals of the Paris Agreement, in order to
address the urgent threat of climate change. Accordingly, the Parties recognise the role of trade in
achieving the goal of sustainable development and addressing climate change, as well as the
importance of individual and collective efforts to address climate change impacts through
mitigation and adaptation actions.
2. In accordance with paragraph 1, each Party shall:
(a) effectively implement the UNFCCC and the Paris Agreement adopted thereunder including its
commitments with regard to its nationally determined contributions;
(b) promote the positive contribution of trade to the transition to a low greenhouse gas emission
and circular economy and to climate-resilient development, including actions on climate
change mitigation and adaptation; and
(c) facilitate and promote trade and investment in goods and services of particular relevance for
climate change mitigation and adaptation, for sustainable renewable energy and for energy
efficiency, in a manner consistent with other provisions of this Agreement.
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3. Consistently with Article 26.7, the Parties shall cooperate, as appropriate, on trade-related
aspects of climate change, bilaterally, regionally and in international fora, including in the
UNFCCC, the WTO and the Montreal Protocol on Substances that Deplete the Ozone Layer,
concluded at Montreal on 16 September 1987 ("Montreal Protocol"). Furthermore, the Parties may
cooperate, as appropriate, on these issues also in the International Maritime Organization.
4. In accordance with paragraph 1, the Parties shall cooperate in areas such as:
(a) exchanging knowledge and experience regarding the implementation of the Paris Agreement,
as well as on initiatives to promote climate resilience, renewable energy, low emission
technologies, energy efficiency, carbon pricing, sustainable transport, sustainable and climate-
resilient infrastructure development, emissions monitoring, and nature-based solutions; as
well as explore options to cooperate in areas such as short-life climate pollutants and soil
carbon sequestration; and
(b) exchanging knowledge and experience regarding an ambitious phase-out of ozone depleting
substances and the phase-down of hydrofluorocarbons under the Montreal Protocol through
measures to control their production, consumption and trade, the introduction of
environmentally friendly alternatives to them, updating of safety and other relevant standards,
combating the illegal trade of substances regulated by the Montreal Protocol, as appropriate.
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ARTICLE 26.11
Trade and forests
1. The Parties recognise the importance of sustainable forest management, and the role of trade
in pursuing this objective.
2. In accordance with paragraph 1, each Party shall:
(a) implement measures to combat illegal logging and related trade, including through
cooperation activities with third countries, as appropriate;
(b) encourage the conservation and sustainable management of forests;
(c) promote trade and consumption of timber and timber products which are legally obtained
from sustainably managed forests; and
(d) exchange information and, as appropriate, cooperate with the other Party on trade-related
initiatives on combatting illegal logging, sustainable forest management, deforestation and
forest degradation, forest governance and on the conservation of forest cover to maximise the
impact and mutual supportiveness of their respective policies of common interest.
& /en 113
3. Recognising that forests and their sustainable management have a key role in combatting
climate change and maintaining biodiversity, each Party shall promote initiatives addressing
deforestation, including through deforestation-free supply chains. Additionally, the Parties shall
cooperate, as appropriate and consistently with Article 26.7, bilaterally, regionally and in relevant
international fora, to minimise deforestation and forest degradation worldwide.
ARTICLE 26.12
Trade and wild flora and fauna
1. The Parties recognise the importance of ensuring that international trade of wild fauna and
flora does not threaten their survival, as set out in the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, done at Washington D.C. on 3 March 1973
("CITES").
2. In accordance with paragraph 1, each Party shall:
(a) implement effective measures to combat illegal trade in wild flora and fauna, including
through cooperation activities with third countries, as appropriate; and
(b) promote the long-term conservation and sustainable use of the species listed in the
Appendices to CITES, including by cooperating in the relevant CITES bodies to keep the
Appendices to CITES up to date and by promoting the inclusion of species considered at risk
because of international trade and other criteria established under CITES.
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3. Consistently with Article 26.7, the Parties may, as appropriate, cooperate or exchange
information bilaterally, regionally and in international fora on issues of mutual interest related to
tackling illegal trade in wild flora and fauna, including through raising awareness to reduce demand
for illegal wildlife products and initiatives to enhance cooperation on information sharing and
enforcement.
ARTICLE 26.13
Trade and biological diversity
1. The Parties recognise the importance of conserving and sustainably using biological diversity,
and the role of trade in pursuing these objectives, consistent with the Convention on Biological
Diversity, done at Rio de Janeiro on 5 June 1992 ("CBD"), other relevant MEAs to which they are
party, and the decisions adopted thereunder.
2. In accordance with paragraph 1, each Party shall take measures to conserve biological
diversity when it is subject to pressures linked to trade and investment, including through the
exchange of information and experience, and measures to prevent the spread of invasive alien
species, recognising that the movement of terrestrial and aquatic invasive alien species across
borders through trade-related pathways can adversely affect the environment, economic activities
and development, and human health.
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3. The Parties recognise the importance of respecting, preserving and maintaining knowledge
and practices of indigenous and local communities embodying traditional lifestyles that contribute
to the conservation and sustainable use of biological diversity, and the role of trade therein.
4. The Parties recognise the importance of facilitating access to genetic resources and of
promoting the fair and equitable sharing of benefits arising from the use of genetic resources,
consistent with their respective domestic measures and each Party's international obligations.
5. The Parties also recognise the importance of public participation and consultation, in
accordance with their respective law or policy, in the development and implementation of measures
concerning the conservation and sustainable use of biological diversity.
6. Consistently with Article 26.7, the Parties may, as appropriate, promote, cooperate or
exchange information bilaterally, regionally and in international fora, on trade-related aspects of
biological diversity policies and measures of mutual interest, such as:
(a) initiatives and good practices concerning trade in natural resource-based products obtained
through a sustainable use of biological resources and contributing to the conservation of
biodiversity;
(b) the conservation and sustainable use of biological diversity, and the protection, restoration
and valuation of ecosystems and their services and related economic instruments; and
(c) access to genetic resources and the fair and equitable sharing of benefits from their utilisation.
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ARTICLE 26.14
Trade and sustainable management of fisheries and aquaculture
1. The Parties recognise the importance of conserving and sustainably managing marine
biological resources and marine ecosystems, and the role of trade in pursuing these objectives.
2. While developing and implementing conservation and management measures, the Parties
shall take into consideration social, trade, development and environmental concerns and the
importance of artisanal or small-scale fisheries to the livelihoods of local fishing communities.
3. The Parties acknowledge that illegal, unreported and unregulated (IUU) fishing1 can have
significant negative impacts on fish stocks, the sustainability of trade in fisheries products,
development and the environment, and confirm the need for action to address the problems of
overfishing and unsustainable utilization of fisheries resources.
1 The term "illegal, unreported and unregulated fishing" is to be understood to have the same
meaning as set out in paragraph 3 of the International Plan of Action to Prevent, Deter and
Eliminate Illegal, Unreported and Unregulated Fishing of the UN Food and Agricultural
Organization, adopted in Rome, 2001 ("2001 IUU Fishing Plan of Action").
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4. In accordance with paragraphs 1 to 3, each Party shall:
(a) implement and act consistently with the principles of the UN Convention on the Law of the
Sea, done at Montego Bay, on 10 December 1982, the UN Agreement for the Implementation
of the Provisions of the United Nations Convention on the Law of the Sea
of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks, adopted in New York, on 4 August 1995, the Food and
Agriculture Organisation of the UN ("FAO"), the Agreement to Promote Compliance with
International Conservation and Management Measures by Fishing Vessels on the High Seas,
adopted in Rome, on 24 November 1993, the FAO Code of Conduct for Responsible
Fisheries, adopted in Resolution 4/95 on 31 October 1995, and the FAO Agreement on Port
State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing,
done in Rome, on 22 November 2009;
(b) participate in the FAO's initiative on the Global Record of Fishing Vessels, Refrigerated
Transport Vessels and Supply Vessels;
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(c) seek to operate a fisheries management system based on the best available scientific evidence
and on internationally recognised best practices for fisheries management and conservation,
as reflected in the relevant provisions of international instruments aimed at ensuring the
sustainable use and conservation of marine species1, and designed, inter alia, to:
(i) prevent overfishing and overcapacity;
(ii) reduce bycatch of non-target species;
(iii) promote the recovery of overfished stocks for all marine fisheries; and
(iv) promote fisheries management with an ecosystem approach, including through
cooperation among the Parties;
(d) in support of efforts to combat IUU fishing practices and to help deter trade in products from
species harvested from those practices:
(i) implement effective measures to combat IUU fishing;
1 These instruments include, among others, and as they may apply, UN Convention on the Law
of the Sea, the UN Agreement for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of December 1982 relating to the Conservation and
Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the FAO Code of
Conduct for Responsible Fisheries, the FAO Agreement to Promote Compliance with
International Conservation and Management Measures by Fishing Vessels on the High Seas,
the 2001 IUU Fishing Plan of Action, and the FAO Agreement on Port State Measures to
Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.
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(ii) ensure the use of monitoring, control, surveillance, compliance and enforcement
systems, to:
(A) prevent and deter, in accordance with its international obligations and its law,
vessels that are flying its flag and its natural persons from engaging in
IUU fishing activities; and
(B) address the transhipment at sea of fish or fish products to deter and avoid
IUU fishing activities;
(iii) implement port state measures; and
(iv) implement measures to prevent IUU fishing and fish products from entering in each
Party's supply chains and cooperate to this end, including by facilitating the exchange of
information;
(e) participate actively in the work of the regional fisheries management organisations
(“RFMOs”) to which it is a member, observer, or cooperating non-contracting party, with the
aim of achieving good fisheries governance and sustainable fisheries, such as through the
promotion of scientific research and the adoption of conservation measures based on best
scientific evidence available, the strengthening of compliance mechanisms, the undertaking of
periodical performance reviews and the adoption of effective control, monitoring and
enforcement of the RFMOs' management measures and, where applicable, the adoption and
implementation of catch documentation or certification schemes and port state measures;
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(f) strive to act consistently with relevant conservation and management measures adopted by
RFMOs of which it is not a member so as not to undermine those measures and endeavour not
to undermine catch or trade documentation schemes operated by RFMOs or arrangements of
which it is not a member; and
(g) promote the development of sustainable and responsible aquaculture, taking into account its
economic, social and environmental aspects, according to the implementation of the
objectives and principles contained in the FAO Code of Conduct for Responsible Fisheries.
5. The Parties shall cooperate, as appropriate and consistently with Article 26.7, bilaterally and
within RFMOs with the aim of promoting sustainable fishing practices and trade in fish products
from sustainably managed fisheries. Additionally, the Parties may cooperate to exchange
knowledge and good practices to support the implementation of this Article.
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SECTION C
LABOUR AND TRADE
ARTICLE 26.15
Objectives
1. The Parties recognise that trade and investment provides opportunities for job creation and
decent work, including for young people, with terms and conditions of employment that adhere to
the principles laid down in the ILO Declaration on Fundamental Principles and Rights at Work,
adopted by the International Labour Conference in Geneva on 18 June 1998 and as amended
in 2022 (the "ILO Declaration on Fundamental Principles and Rights at Work") and the
ILO Declaration on Social Justice for a Fair Globalization of 2008 as amended in 2022.
2. The Parties aim to ensure high levels of labour protection in line with the international labour
standards to which they adhere and to promote mutually supportive trade and labour policies with a
view to improving the working conditions and quality of work life of employees. They will strive to
improve the development and management of human capital for enhanced employability, business
excellence, and greater productivity for the benefit of both workers and enterprise. Accordingly, the
Parties endeavour to provide opportunities for young people to develop the necessary skills to
successfully access and remain in the labour market.
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3. The Parties aim to cooperate on trade-related labour issues of mutual interest in order to
strengthen the broader relationship between the Parties.
ARTICLE 26.16
Multilateral labour standards and agreements
1. The Parties affirm their commitment to promote the development of international trade in a
way that is conducive to decent work for all, in particular women, young people and persons with
disabilities, in line with their respective obligations under the ILO, including those stated in the
ILO Declaration on Fundamental Principles and Rights at Work as amended in 2022 and the
ILO Declaration on Social Justice for a Fair Globalization as amended in 2022.
2. Recalling the ILO Declaration on Social Justice for a Fair Globalization as amended in 2022,
the Parties note that the violation of fundamental principles and rights at work cannot be invoked or
otherwise used as a legitimate comparative advantage and that labour standards should not be used
for protectionist trade purposes.
3. Each Party shall effectively implement the ILO Conventions ratified by Chile and the
Member States respectively.
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4. In accordance with the Constitution of the ILO, adopted as Part XIII of the Treaty of
Versailles, signed on 28 June 1919 and the ILO Declaration on Fundamental Principles and Rights
at Work as amended in 2022, each Party shall respect, promote and effectively implement the
internationally recognised core labour standards, as defined in the fundamental ILO Conventions,
which are:
(a) freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour including the prohibition on the worst forms of child
labour;
(d) the elimination of discrimination in respect of employment and occupation; and
(e) a safe and healthy working environment.
5. The Parties shall regularly exchange information on their respective progress with regard to
the ratification of ILO Conventions or protocols that are classified as up-to-date by the ILO and to
which they are not yet party.
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6. Each Party shall promote the ILO Decent Work Agenda as set out in the ILO Declaration on
Social Justice for a Fair Globalization as amended in 2022, in particular with regard to:
(a) decent working conditions for all, with regard to, inter alia, wages and earnings, working
hours, other conditions of work and social protection; and
(b) social dialogue on labour matters among workers and employers and their respective
organisations, and with relevant governmental authorities.
7. Consistently with its commitments under the ILO, each Party shall:
(a) adopt and implement measures and policies regarding occupational safety and health; and
(b) maintain a labour inspection system in accordance with the relevant ILO standards on labour
inspection.
ARTICLE 26.17
Forced or compulsory labour
1. Recalling that the elimination of forced labour is among the objectives of the Agenda 2030,
the Parties underline the importance of the ratification and the effective implementation of the
Protocol of 2014 to the Forced Labour Convention 1930, adopted at Geneva, on 11 June 2014.
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2. The Parties recognise the goal of eliminating all forms of forced or compulsory labour,
including forced or compulsory child labour.
3. Consequently, the Parties shall identify opportunities for cooperation, sharing information,
experiences and good practices related to the elimination of all forms of forced or compulsory
labour.
ARTICLE 26.18
Cooperation on trade and labour issues
Consistently with Article 26.7, the Parties shall consult and cooperate, as appropriate, bilaterally
and in the context of the ILO, on trade-related labour issues of mutual interest, including, but not
limited to:
(a) job creation and the promotion of productive, high quality employment, including policies to
generate job-rich growth and promote sustainable enterprises and entrepreneurship;
(b) promotion of improvements in business and labour productivity, particularly in respect of
small and medium-sized enterprises;
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(c) human capital development, access to labour market and the enhancement of employability,
in particular of young people, including through lifelong learning and vocational training,
continuous education, training and the development and upgrading of skills, including in
emerging and environmental industries;
(d) work-life balance and innovative workplace practices to enhance workers' well-being;
(e) promotion of the awareness of the ILO Decent Work Agenda, including on the inter-linkages
between trade and full and productive employment, labour market adjustment, core labour
standards, decent work in global supply chains, social protection and social inclusion, social
dialogue and gender equality;
(f) promotion of decent quality jobs through trade, including the safety and health at work of
pregnant workers and workers who have recently given birth;
(g) occupational safety and health and labour inspection, for example, improving compliance and
enforcement mechanisms;
(h) addressing the challenges and opportunities of a diverse, multigenerational workforce,
including by way of:
(i) promotion of equality and elimination of discrimination in respect of employment and
occupation; and
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(ii) protection of vulnerable workers;
(i) improving labour relations, for example, best practice in alternative dispute resolution and
tripartite consultation;
(j) the implementation of fundamental, priority and other up-to-date ILO Conventions, as well as
the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social
Policy, and the UN Guiding Principles on Business and Human Rights; and
(k) labour statistics.
SECTION D
INSTITUTIONAL ARRANGEMENTS
ARTICLE 26.19
Sub-Committee on Trade and Sustainable Development and contact points
1. The Sub-Committee on Trade and Sustainable Development ("Sub-Committee"), established
pursuant to Article 33.4(1), shall be composed, for Chile, of officials from the institutions
responsible for trade, labour, environment and gender issues.
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2. The Sub-Committee shall have specific sessions for environmental and labour matters1,
respectively, as well as for cross-cutting issues related to trade and sustainable development.
3. The functions of the Sub-Committee shall be to:
(a) facilitate, monitor and review the implementation of this Chapter;
(b) determine, organize, oversee and assess the cooperation activities laid down in this Chapter,
including exchange of information and experience on areas of mutual interest;
(c) report and make recommendations to the Trade Committee on any matter related to this
Chapter, including with regard to topics for discussion with the civil society mechanisms
referred to in Article 33.5;
(d) carry out the tasks referred to in Articles 26.21 and 26.22;
(e) coordinate with other Sub-Committees established under this Agreement, as appropriate,
including as regards the efforts to integrate gender-related issues, considerations and activities
in their work as referred to in Article 27.4(8); and
(f) carry out any other functions as the Parties may agree.
1 The environmental and labour matters can be discussed in isolated sessions or in consecutive
sessions.
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4. The Sub-Committee, as mutually agreed, may consult or seek the advice of relevant
stakeholders or experts on matters relating to the implementation of this Chapter.
5. The Sub-Committee shall, by consensus, prepare a report on each meeting and shall publish it
after the meeting.
6. Each Party shall designate a contact point within its administration to facilitate
communication and coordination between the Parties on any matter relating to the implementation
of this Chapter. For Chile, specific contact points for labour, environmental and gender matters
shall be within its Undersecretariat of International Economic Relations of the Ministry of Foreign
Affairs or its successor. Each Party shall promptly notify the other Party of its contact points and
provide their contact information.
7. The contact points shall:
(a) facilitate regular communication and coordination between the Parties;
(b) notwithstanding Article 33.3(2) assist the Sub-Committee including establishing the agenda
and conducting all other necessary preparations for the meetings of the Sub-Committee.
(c) communicate with their respective civil society, as appropriate; and
(d) work together, including with other appropriate bodies of their administrations, to develop
and implement cooperative activities.
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ARTICLE 26.20
Dispute resolution
1. The Parties shall make all possible efforts through dialogue, exchange of information and
cooperation to address any disagreement between the Parties regarding the interpretation or
application of this Chapter.
2. In case of a disagreement between the Parties regarding the interpretation or application of
this Chapter, the Parties shall have recourse exclusively to the dispute resolution procedures
established pursuant to Articles 26.21 and 26.22.
ARTICLE 26.21
Consultations
1. A Party ("the requesting Party") may, at any time, request consultations with the other Party
("the responding Party") regarding any matter arising regarding the interpretation or application of
this Chapter by delivering a written request to the contact point of the responding Party. The request
shall set out the reasons for requesting consultations, including a sufficiently specific description of
the matter at issue and the provisions of this Chapter that it considers applicable.
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2. The responding Party shall, unless agreed otherwise with the requesting Party, reply in writing
no later than 10 days after the date of receipt of the request.
3. The Parties shall begin consultations no later than 30 days after the date of receipt of the
request by the responding Party, unless the Parties agree otherwise.
4. The consultations may be held in person or by any technological means available to the
Parties. If consultations are held in person, they shall be held in the territory of the responding
Party, unless the Parties agree otherwise.
5. In the consultations the Parties shall:
(a) provide sufficient information to enable a full examination of the matter; and
(b) treat any information exchanged in the course of the consultations confidentially.
6. The Parties shall enter into consultations with the aim of reaching a mutually satisfactory
resolution of the matter, taking into account opportunities for cooperation related to the matter. In
respect of matters related to the multilateral agreements referred to in this Chapter, the Parties shall
consider information from the ILO or relevant bodies established under those agreements. Where
relevant, the Parties may agree to seek advice from such organisations or bodies, or any other expert
or body they deem appropriate to assist them in the consultations.
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7. If the Parties are unable to resolve the matter within 60 days of the delivery of the written
request for consultations pursuant to paragraph 1, each Party may, by delivering a written request to
the contact point of the other Party, request that the Sub-Committee be convened to consider the
matter. The Sub-Committee shall convene promptly and endeavour to agree on a resolution of the
matter.
8. Each Party or the Sub-Committee convened pursuant to paragraph 7 may, if appropriate, seek
the views of the Domestic Consultative Groups referred to in Article 33.6 or other expert advice.
9. If the Parties are able to resolve the matter, they shall document the outcome including, if
appropriate, specific steps and timelines agreed upon. The Parties shall make the outcome available
to the public, unless they agree otherwise.
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ARTICLE 26.22
Panel of experts
1. If the Parties fail to resolve the matter within 60 days of the delivery of a written request to
convene the Sub-Committee as referred to in Article 26.21(7) or, if no such request is made, within
120 days of the delivery of a written request for consultations pursuant to Article 26.21(1), the
requesting Party may request the establishment of a panel of experts to examine the matter. Any
such request shall be made in writing to the contact point of the responding Party. The request shall
identify the reasons for requesting the establishment of a panel of experts, including a sufficiently
specific description of the matter at issue, and explain how that matter constitutes a breach of
specific provisions of this Chapter.
2. Except as otherwise provided for in this Article, Articles 31.6, 31.10, 31.13, 31.14(1), 31.15,
31.19, 31.20(2), 31.21, 31.22, 31.24, 31.32, 31.33, 31.34, 31.35, as well as the Rules of Procedure
in Annex 31-A and the Code of Conduct in Annex 31-B shall apply mutatis mutandis.
3. The Sub-Committee shall, at its first meeting, recommend to the Trade Committee the
establishment of at least 15 individuals who are willing and able to serve on the panel of experts.
Based on this recommendation, the Trade Committee shall no later than one year after entry into
force of this Agreement establish a list of such individuals. The list shall be composed of
three sub-lists:
(a) one sub-list of individuals established on the basis of proposals by the European Union;
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(b) one sub-list of individuals established on the basis of proposals by Chile; and
(c) one sub-list of individuals who are not nationals of either Party and who shall serve as
chairperson to the panel of experts.
4. Each sub-list shall include at least five individuals. The Trade Committee shall ensure that the
list is kept up to date and that it is maintained at that minimum number of individuals.
5. The individuals referred to in paragraph 3 shall have specialised knowledge of or expertise in
labour or environmental law, issues addressed in this Chapter, or the resolution of disputes arising
under international agreements. They shall be independent, serve in their individual capacities and
not take instructions from any organisation or government with regard to issues related to the
disagreement, or be affiliated with the government of any Party, and shall comply with the Code of
Conduct in Annex 31-B.
6. When the panel of experts is composed according to the procedures set out in Article 31.6(3),
(4) and (6), the experts shall be selected from the relevant sub-lists referred to in paragraph 3 of this
Article.
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7. Unless the Parties agree otherwise within five days of the date of establishment of the panel of
experts the terms of reference shall be:
"to examine, in the light of the relevant provisions of Chapter 26 of the Interim Agreement on Trade
between the European Union, of the one part, and the Republic of Chile, of the other part, the matter
referred to in the request for the establishment of the panel of experts, and to issue a report, in
accordance with Article 26.23 of that Agreement, with its findings and recommendations for the
resolution of the matter".
8. With regard to matters related to multilateral agreements referred to in this Chapter, the panel
of experts should seek information from the ILO or relevant bodies established under those
agreements, including any pertinent available interpretative guidance, findings or decisions adopted
by the ILO and those bodies. Any such information shall be provided to both Parties for their
comments.
9. The panel of experts shall interpret the provisions of this Chapter in accordance with the
customary rules of interpretation of public international law, including those codified in the Vienna
Convention on the Law of Treaties.
10. The panel of experts shall issue to the Parties an interim report and a final report setting out
the findings of facts, the applicability of the relevant provisions and the rationale behind any
findings, conclusions and the recommendations it makes.
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11. The panel of experts shall deliver to the Parties the interim report within 100 days after the
date of establishment of the panel of experts. If the panel of experts considers that this time limit
cannot be met, the chairperson of the panel of experts shall notify the Parties in writing, stating the
reasons for the delay and the date on which the panel of experts plans to deliver its interim report.
The time limit set out in this paragraph may be extended by mutual agreement of the Parties.
12. A Party may deliver to the panel of experts a reasoned request to review particular aspects of
the interim report within 25 days after the delivery of the interim report. A Party may comment on
the other Party's request within 15 days of the delivery of the request.
13. After considering the request and comments, the panel of experts shall prepare the final
report. If no request to review particular aspects of the interim report is delivered within the time
period referred to in paragraph 11, the interim report shall become the final report of the panel of
experts.
14. The panel of experts shall deliver its final report to the Parties within 175 days of the date of
establishment of that panel. If the panel of experts considers that this time limit cannot be met, the
chairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the
date on which the panel of experts plans to deliver its final report. The time limit set out in this
paragraph may be extended by mutual agreement of the Parties.
15. The final report shall include a discussion of any written request by the Parties on the interim
report and clearly address any comments provided by the Parties.
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16. The Parties shall make the final report available to the public within 15 days of its delivery by
the panel of experts.
17. If the panel of experts finds in the final report that a Party has not conformed with its
obligations under this Chapter, the Parties shall discuss appropriate measures to be implemented
taking into account the report and recommendations of the panel of experts. The responding Party
shall inform its Domestic Consultative Group referred to in Article 33.6 and the other Party of its
decisions on any actions or measures to be implemented no later than three months after the report
has been made publicly available.
18. The Sub-Committee shall monitor the follow-up to the final report and recommendations of
the panel of experts. The Domestic Consultative Groups referred to in Article 33.6 may submit
observations to the Sub-Committee in this regard.
ARTICLE 26.23
Review
1. For the purpose of enhancing the achievement of the objectives of this Chapter, the Parties
shall discuss through the meetings of the Sub-Committee its effective implementation, taking into
account, inter alia, major policy developments in each Party and developments in international
agreements.
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2. Taking into account the outcome of such discussions, a Party may request the review of this
Chapter at any time after the date of entry into force of this Agreement. For this purpose, the
Sub-Committee may recommend to the Parties amendments of the relevant provisions of this
Chapter in accordance with the amendment procedure established in Article 33.9(1).
CHAPTER 27
TRADE AND GENDER EQUALITY
ARTICLE 27.1
Context and objectives
1. The Parties agree on the importance of incorporating a gender perspective into the promotion
of inclusive economic growth, and on the key role that gender-responsive policies can play in this
regard. This includes removing barriers to women's participation in the economy and international
trade, including improving equal opportunities of access to work functions and sectors for men and
women in the labour market.
2. The Parties acknowledge that international trade and investment are engines of economic
growth and also recognise the important contribution of women to economic growth through their
participation in economic activity, including business and international trade.
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3. The Parties recognise that women's participation in international trade can contribute to
advancing their economic empowerment and economic independence. Furthermore, women's
access to, and ownership of, economic resources contribute to sustainable and inclusive economic
growth, prosperity, competitiveness, and the well-being of society. Accordingly, the Parties
underline their intention to implement this Agreement in a manner that promotes and enhances
equality between men and women.
4. The Parties recall the United Nations 2030 Agenda for Sustainable Development and the
Goals pertaining to trade and gender equality, in particular Goal 5: achieve gender equality and
empower all women and girls.
5. The Parties recall the objectives of the Joint Declaration on Trade and Women's Economic
Empowerment on the Occasion of the WTO Ministerial Conference held in Buenos Aires in
December 2017.
6. The Parties recall their commitments on mainstreaming gender equality and the empowerment
of women and girls as well as the respect for democratic principles and human rights and
fundamental freedoms, as set out in the Universal Declaration of Human Rights, adopted by the
UN General Assembly on 10 December 1948 and other relevant international human rights
instruments related to gender equality to which they are party.
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7. The Parties reaffirm their commitments under the Beijing Declaration and Platform for
Action, adopted at the Fourth World Conference of Women, held in Beijing from 4
to 15 September 1995, noting in particular the objectives and provisions related to women's equal
access to resources, employment, markets and trade.
8. The Parties reaffirm the importance of inclusive trade policies which contribute to the
promotion of equal rights, treatment and opportunities between men and women as well as to the
elimination of all forms of discrimination against women.
9. The Parties emphasise the role of the private sector in fostering gender equality by applying
non-discrimination and diversity policies in their corporate operations in line with international
guidelines and standards endorsed or supported by the Parties.
10. The Parties aim to:
(a) enhance their trade relations, cooperation and dialogue in ways that are conducive to equal
opportunities and treatment for women and men, as workers, producers, traders or consumers,
in accordance with their international commitments.
(b) facilitate cooperation and dialogue with the aim of enhancing women's capacity, conditions
and access to opportunities created by trade.
(c) further improve their capacities to address trade-related gender issues, including through
exchange of information and best practices.
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ARTICLE 27.2
Multilateral agreements
1. Each Party reaffirms its commitment to effectively implement its obligations under the
Convention on the Elimination of All Forms of Discrimination Against Women, adopted by the
UN General Assembly on 18 December 1979, noting in particular those provisions related to
eliminating discrimination against women in economic life and in the field of employment.
2. The Parties recall their respective obligations under Article 26.16 of this Agreement regarding
the ILO Conventions related to gender equality and the elimination of discrimination in respect of
employment and occupation ratified by Member States and Chile.
3. Each Party reaffirms its commitment to effectively implement its obligations under other
multilateral agreements to which it is party addressing gender equality or women's rights.
ARTICLE 27.3
General provisions
1. The Parties recognise the right of each Party to establish its own scope and guarantees of
equal opportunities for men and women and to adopt or modify accordingly its relevant laws and
policies, consistent with its commitments under international agreements referred to in Article 27.2.
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2. Each Party shall strive to ensure that its relevant laws and policies provide for, and promote
equal rights, treatment and opportunities between men and women, in accordance with its
international commitments. Each Party shall strive to improve such laws and policies.
3. Each Party shall endeavour to gather sex-disaggregated data related to trade and gender with a
view to better understanding the different impacts of trade policy instruments on women and men in
their roles as workers, producers, traders or consumers.
4. Each Party shall promote in its territory public awareness of its laws and policies related to
gender equality, including their impact on and relevance for inclusive economic growth and for
trade policy.
5. Each Party shall, when relevant, take into account the objective of equality between men and
women when formulating, implementing and reviewing measures in the areas covered under this
Agreement.
6. Each Party shall encourage trade and investment by promoting equal opportunities and the
participation of women and men in the economy and international trade. This includes, inter alia,
measures that aim at: progressively eliminating all types of discrimination on grounds of sex;
promoting the principle of equal pay for work of equal value in order to address the gender pay gap
and facilitating that women are not discriminated in employment and occupation, including for
reasons of pregnancy and maternity.
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7. A Party shall not weaken or reduce the protection granted under its respective laws aimed at
ensuring gender equality or equal opportunities for women and men, in order to encourage trade or
investment.
8. A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate
from, its respective laws aimed at ensuring gender equality or equal opportunities for women and
men, in a manner that weakens or reduces the protection granted pursuant to those laws, in order to
encourage trade or investment.
9. A Party shall not fail to effectively enforce, through a sustained or recurring course of action
or inaction, the protection granted under its respective laws aimed at ensuring gender equality or
equal opportunities for women and men in a manner affecting trade or investment.
ARTICLE 27.4
Cooperation activities
1. The Parties acknowledge the benefits of sharing their respective experiences in designing,
implementing, monitoring and strengthening trade-related aspects of gender equality measures.
2. In accordance with paragraph 1, the Parties shall carry out cooperation activities designed to
improve the capacity and conditions for women, including workers, businesswomen and
entrepreneurs, to access and fully benefit from the opportunities created by this Agreement.
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3. Cooperation activities shall be carried out on issues and topics agreed upon by the Parties.
4. Cooperation activities can be developed and implemented with the participation of the UN,
WTO, ILO, OECD and other international organisations as well as with third countries, businesses,
employers' and workers' organisations, education and research organisations and other non-
governmental organisations, as appropriate.
5. Areas of cooperation may include sharing experiences and best practices relating to policies
and programmes to encourage women's increased participation in international trade as well as
trade-related aspects of:
(a) the promotion of women's financial inclusion and education as well as access to financing and
financial assistance;
(b) the advancement of women's leadership and the development of women's networks;
(c) the promotion of women's full participation in the economy by encouraging their
participation, leadership and education, in particular in fields in which they are
underrepresented such as science, technology, engineering, mathematics (STEM), as well as
innovation and business;
(d) the promotion of gender equality within enterprises;
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(e) women's participation in decision-making positions in the public and private sectors;
(f) public and private initiatives aimed at the promotion of female entrepreneurship, including the
integration of women in the formal sector of the economy, enhancing the competitiveness of
women-led enterprises to allow them to participate and compete in local, regional, and global
value chains, and activities to promote the internationalisation of small and medium-sized
enterprises led by women;
(g) policies and programmes to improve women's digital skills and access to online business tools
and e-commerce platforms;
(h) the advancement of care policies and programmes as well as work-life balance measures with
a gender perspective;
(i) the exploration of the link between increased women's participation in international trade and
the reduction of the gender pay gap;
(j) the development of gender-based analysis of trade policies, including design, implementation
and monitoring of their effects;
(k) the collection of sex-disaggregated data, the use of indicators, monitoring and evaluation
methodologies, and the analysis of statistics related to trade from a gender perspective;
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(l) the exploration of linkages between women's participation in international trade and areas
such as decent work, occupational segregation, and working conditions of women, including
the safety and health at work of pregnant workers and workers who have recently given birth,
in line with subparagraph (f) of Article 26.18;
(m) policies and programs to prevent, mitigate and respond to the differentiated economic impact
that crises and emergencies have on women and men; and
(n) other issues as agreed by the Parties.
6. The priorities for cooperation activities shall be decided jointly by the Parties based on areas
of mutual interest and available resources.
7. Cooperation, including in the areas set out in paragraph 5, may be undertaken in person or by
any technological means available to the Parties, through activities such as: workshops, seminars,
conferences, collaborative programmes and projects; exchange of experiences, and sharing of best
practices on policies and procedures; and the exchange of experts.
8. Through the Sub-Committee on Trade and Sustainable Development established pursuant to
Article 33.4 (1), the Parties shall encourage efforts by the bodies established in this Agreement to
integrate gender-related issues, considerations and activities in their work.
9. The Parties shall encourage inclusive participation of women in the implementation of the
cooperation activities established pursuant to this Article, as appropriate.
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ARTICLE 27.5
Institutional arrangements
1. The Sub-Committee on Trade and Sustainable Development, established pursuant to Article
33.4(1) shall be responsible for the implementation of this Chapter. Article 26.19 shall apply to this
Chapter mutatis mutandis1.
2. When interacting with the civil society in the Domestic Consultative Groups created or
designated pursuant to Article 33.6 and in the Civil Society Forum organised pursuant to
Article 33.7, the Parties shall encourage the participation of organisations promoting equality
between men and women.
ARTICLE 27.6
Dispute resolution
1. Articles 26.20, 26.21 and 26.22 apply to this Chapter mutatis mutandis2.
1 For greater certainty, any reference to Chapter 26, or to environmental and labour issues or
matters, in that Article shall be understood as referring to this Chapter, or gender issues or
matters, as applicable.
2 For greater certainty, any reference to Chapter 26, or to environmental and labour issues,
matters or laws, in those Articles shall be understood as referring to this Chapter, or gender
issues, matters or laws related to these issues or matters, as applicable.
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ARTICLE 27.7
Review
1. The Parties agree on the importance of monitoring and assessing, jointly or individually,
through their respective processes and institutions, as well as those set up under this Agreement the
impact of the implementation of this Agreement on equality between men and women and
opportunities provided for women in relation to trade.
2. The Parties may review this Chapter in light of the experience gained in its implementation
and if necessary, suggest how it may be strengthened.
CHAPTER 28
TRANSPARENCY
ARTICLE 28.1
Objective
1. The Parties, recognising the impact which their respective regulatory environments may have
on trade and investment between them, aim at providing a predictable regulatory environment and
efficient procedures for economic operators, especially small and medium-sized enterprises.
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2. The Parties reaffirm their respective commitments under the WTO Agreement and in this
Chapter build on those commitments and lay down further arrangements for transparency.
ARTICLE 28.2
Definitions
For the purposes of this Chapter:
(a) "administrative decision" means a decision or action with legal effect that applies to a specific
person, good or service in an individual case and covers the failure to take an administrative
decision as provided for in the law of a Party; and
(b) "administrative ruling of general application" means an administrative ruling or interpretation
that applies to all persons and fact situations that fall generally within the ambit of that
administrative ruling or interpretation, and that establishes a norm of conduct, but does not
include:
(i) a determination or ruling made in an administrative or quasi-judicial proceeding that
applies to a particular person, good or service of the other Party in a specific case; or
(ii) a ruling that adjudicates with respect to a particular act or practice.
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ARTICLE 28.3
Publication
1. Each Party shall ensure that its laws, regulations, procedures, administrative rulings of general
application and judicial decisions with respect to any matter covered by this Agreement are
promptly published via an officially designated medium and, where feasible, by electronic means,
or otherwise made available in such a manner as to enable any person to become acquainted with
them.
2. Each Party shall provide an explanation of the objective of, and rationale for, its laws,
regulations, procedures, administrative rulings of general application and judicial decisions with
respect to any matter covered by this Agreement.
3. Each Party shall provide a reasonable period of time between the date of publication and the
date of entry into force of the laws and regulations with respect to any matter covered by this
Agreement, except where it is not possible on grounds of urgency. This paragraph does not apply to
administrative rulings of general application and judicial decisions.
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ARTICLE 28.4
Enquiries and provision of information
1. Each Party shall establish or maintain appropriate mechanisms for responding to enquiries
from any person regarding any laws or regulations with respect to any matter covered by this
Agreement.
2. Upon request of a Party, the other Party shall promptly provide information and respond to
enquiries pertaining to any laws or regulations whether in force or planned, with respect to any
matter covered by this Agreement, unless a specific mechanism is established under another
Chapter of this Agreement.
ARTICLE 28.5
Administrative proceedings
1. Each Party shall administer all laws, regulations, procedures and administrative rulings of
general application with respect to any matter covered by this Agreement in an objective, impartial
and reasonable manner.
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2. If administrative proceedings relating to particular persons, goods or services of the other
Party are initiated in respect of the application of laws, regulations, procedures or administrative
rulings of general application, referred to in paragraph 1, each Party shall:
(a) endeavour to provide persons who are directly affected by administrative proceedings with
reasonable notice, in accordance with its laws and regulations, when proceedings are initiated,
including a description of the nature of the proceedings, a statement of the legal authority
under which the proceedings are initiated and a general description of any issue in question;
and
(b) afford such persons a reasonable opportunity to present facts and arguments in support of
their positions prior to any final administrative decision to the extent that time, the nature of
the proceedings and the public interest permit.
ARTICLE 28.6
Review and appeal
1. Each Party shall establish or maintain judicial, arbitral or administrative tribunals or
procedures, for the purpose of the prompt review and, if warranted, correction of administrative
decisions with respect to any matter covered by this Agreement.
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2. Each Party shall ensure that its judicial, arbitral or administrative tribunals carry out
procedures for appeal or review in a non-discriminatory and impartial manner. Such tribunals shall
be impartial and independent of the authority entrusted with administrative enforcement powers and
shall not have any interest in the outcome of the matter.
3. With respect to the tribunals or procedures referred to in paragraph 1, each Party shall ensure
that the parties before such tribunals or to such proceedings are provided with:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of records or, where required by its law, the
records compiled by the relevant authority.
4. Each Party shall ensure that the decision referred to in subparagraph (b) of paragraph 3 is
implemented by the authority entrusted with administrative enforcement powers, subject to appeal
or further review as provided for in its laws and regulations.
ARTICLE 28.7
Relation to other Chapters
The provisions set out in this Chapter apply in addition to the specific rules set out in other
Chapters.
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CHAPTER 29
GOOD REGULATORY PRACTICES
ARTICLE 29.1
Scope
1. This Chapter applies to regulatory measures adopted or initiated by regulatory authorities in
respect to any matter covered by this Agreement.
2. This Chapter does not apply to regulatory authorities and regulatory measures, practices or
approaches of the Member States.
ARTICLE 29.2
General principles
1. The Parties recognise the importance of:
(a) using good regulatory practices in the process of planning, designing, issuing, implementing,
evaluating and reviewing regulatory measures for achieving domestic policy objectives; and
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(b) maintaining and enhancing the benefits of this Agreement to facilitate trade in goods and
services and increasing investment between the Parties.
2. Each Party shall be free to determine its approach to good regulatory practices under this
Agreement in a manner consistent with its own legal framework, practice and fundamental
principles, including the precautionary principle, underlying its regulatory system.
3. Nothing in this Chapter shall be construed to require a Party to:
(a) deviate from domestic procedures for preparing and adopting regulatory measures;
(b) take actions that would undermine or impede the timely adoption of regulatory measures to
achieve its public policy objectives; or
(c) achieve any particular regulatory outcome.
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ARTICLE 29.3
Definitions
For the purposes of this Chapter:
(a) "regulatory authority" means:
(i) for the European Union: the European Commission; and
(ii) for Chile: any regulatory authority of the executive branch; and
(b) "regulatory measures" means:
(i) for the European Union:
(A) regulations and directives, as provided for in Article 288 of the Treaty on the
Functioning of the European Union; and
(B) implementing and delegated acts, as provided for in Article 290 and Article 291
Treaty on the Functioning of the European Union, respectively; and
(ii) for Chile: laws and decrees of general application that are adopted by the regulatory
authorities and compliance with which is mandatory1.
1 According to paragraph II.1 of presidential instruction N° 3 of 2019 and its modifications.
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ARTICLE 29.4
Internal coordination of regulatory development
Each Party shall maintain internal coordination or review processes or mechanisms for the
preparation, evaluation and review of regulatory measures. Such processes or mechanisms should
seek, inter alia, to:
(a) foster good regulatory practices, including those set out in this Chapter;
(b) identify and avoid unnecessary duplication and inconsistent requirements in the Party's
regulatory measures;
(c) ensure compliance with the international trade obligations of the Party; and
(d) promote the consideration of the impact of the regulatory measures under preparation,
including the impact on small and medium-sized enterprises.
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ARTICLE 29.5
Transparency of the regulatory processes and mechanisms
Each Party shall make publicly available description, in accordance with its respective rules and
procedures, of the processes and mechanisms used by its regulatory authority to prepare, evaluate or
review regulatory measures. These descriptions shall refer to relevant guidelines, rules or
procedures, including those allowing the public to provide comments.
ARTICLE 29.6
Early information on planned regulatory measures
1. Each Party shall endeavour to publish on an annual basis, in accordance with its respective
rules and procedures, information on planned major1 regulatory measures.
2. With respect to each major regulatory measure referred to in paragraph 1, each Party shall
endeavour to make publicly available, in a timely manner:
(a) a brief description of its scope and objectives; and
1 The regulatory authority of each Party may determine what constitutes a major regulatory
measure for the purposes of its obligations under this Chapter.
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(b) if available, the estimated timing for its adoption, including, where applicable, opportunities
for public consultations.
ARTICLE 29.7
Public consultations
1. When preparing a major1 regulatory measure, each Party shall, if applicable, in accordance
with its respective rules and procedures:
(a) publish a draft regulatory measure or consultation documents providing sufficient details
about the regulatory measure under preparation to allow any person2 to assess whether and
how the person's interests might be significantly affected;
(b) offer reasonable opportunities for any person, on a non-discriminatory basis, to provide
comments; and
(c) consider the comments received.
1 The regulatory authority of each Party may determine what constitutes a major regulatory
measure for the purposes of its obligations under this Chapter.
2 For greater certainty, this paragraph does not prevent a Party from undertaking targeted
consultations with interested persons under conditions defined by its rules and procedures.
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2. The regulatory authority of each Party should make use of electronic means of
communication and seek to maintain a dedicated electronic portal for the purpose of providing
information and receiving comments related to public consultations.
3. The regulatory authority of each Party shall endeavour to make publicly available a summary
of the results of the consultations or any comments received, except to the extent necessary to
protect confidential information or withhold personal data or inappropriate content.
ARTICLE 29.8
Impact assessment
1. Each Party shall promote that its regulatory authority, in accordance with the applicable rules
and procedures, carries out an impact assessment of the major regulatory measures it is preparing.
2. When carrying out an impact assessment, the regulatory authority of each Party shall promote
processes and mechanisms that consider the following factors:
(a) the need for the regulatory measure, including the nature and the significance of the problem
the regulatory measure intends to address;
(b) feasible and appropriate regulatory and non-regulatory alternatives, if any, that would achieve
the Party's public policy objective, including the option of not regulating;
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(c) to the extent possible and relevant, the potential social, economic and environmental impact
of those alternatives, including on international trade and on small and medium-sized
enterprises; and
(d) how the options under consideration relate to relevant international standards, if any,
including the reason for any divergence, where appropriate.
3. With respect to any impact assessment that a regulatory authority has conducted for a
regulatory measure, that regulatory authority shall prepare a final report detailing the factors it
considered in its assessment and the relevant findings. Such report shall be made publicly available
when the regulatory measure concerned is made publicly available.
ARTICLE 29.9
Retrospective evaluation
The Parties recognise the positive contribution of periodic retrospective evaluations of existing
regulatory measures in effect to reducing unnecessary regulatory burden, including on small and
medium-sized enterprises, and to achieving public policy objectives more effectively. The Parties
shall endeavour to promote the use of periodic retrospective evaluations in their regulatory systems.
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ARTICLE 29.10
Regulatory register
Each Party shall ensure that regulatory measures that are in effect are published in a designated
register that identifies regulatory measures by topic and that is publicly available on a single and
freely accessible website. The website should allow searches for regulatory measures by citations or
by word. Each Party shall periodically update its register.
ARTICLE 29.11
Cooperation and exchange of information
The Parties may cooperate in order to facilitate the implementation of this Chapter. This
cooperation may include the organisation of any relevant activities to strengthen cooperation
between their regulatory authorities and the exchange of information on the regulatory practices set
out in this Chapter.
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ARTICLE 29.12
Contact points
Each Party shall designate a contact point to facilitate the exchange of information between the
Parties, within one month after the entry into force of this Agreement.
ARTICLE 29.13
Non-application of dispute settlement
Chapter 31 does not apply to this Chapter.
& /en 164
CHAPTER 30
SMALL AND MEDIUM-SIZED ENTERPRISES
ARTICLE 30.1
Objectives
The Parties recognise the importance of small and medium-sized enterprises ("SMEs") in their
bilateral trade and investment relations and affirm their commitment to enhance the ability of SMEs
to benefit from this Agreement.
ARTICLE 30.2
Information sharing
1. Each Party shall establish or maintain a publicly accessible SMEs-specific website that
contains information regarding this Agreement, including:
(a) a summary of this Agreement; and
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(b) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that each Party considers to be
relevant to SMEs of both Parties; and
(ii) any additional information that the Party considers would be useful for SMEs interested
in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include on the website provided for in paragraph 1 an internet link to the:
(a) text of this Agreement, including Annexes and Appendices, in particular tariff schedules, and
product-specific rules of origin;
(b) equivalent website of the other Party; and
(c) websites of its own authorities that the Party considers would provide useful information to
persons interested in trading and doing business in that Party.
3. Each Party shall include on the website provided for in paragraph 1 an internet link to
websites of its own authorities with information related to the following:
(a) customs regulations and procedures for importation, exportation and transit as well as relevant
forms, documents and other information required;
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(b) regulations and procedures concerning intellectual property rights, including geographical
indications;
(c) technical regulations including, where necessary, obligatory conformity assessment
procedures and links to lists of conformity assessment bodies, in cases where third party
conformity assessment is obligatory, as provided for in Chapter 9;
(d) sanitary and phytosanitary measures relating to importation and exportation as provided for in
Chapter 6;
(e) rules on public procurement, a database containing public procurement notices and other
relevant provisions of Chapter 21;
(f) company registration procedures; and
(g) other information which the Party considers may be of assistance to SMEs.
4. Each Party shall include on the website provided for in paragraph 1 an internet link to a
database that is electronically searchable by Harmonised System code and that includes the
following information with respect to access to its market:
(a) rates of customs duties and quotas, including most-favoured nation, rates concerning non
most-favoured-nation countries and preferential rates and tariff rate quotas;
& /en 167
(b) excise duties;
(c) taxes (such as value added tax);
(d) customs or other fees, including other product specific fees;
(e) rules of origin as provided for in Chapter 3;
(f) duty drawback, deferral, or other types of relief that reduce, refund, or waive customs duties;
(g) criteria used to determine the customs value of the good;
(h) other tariff measures;
(i) information needed for import procedures; and
(j) information related to non-tariff measures or regulations.
5. Each Party shall regularly, or when requested by the other Party, update the information and
links referred to in paragraphs 1 to 4 that it maintains on its website to ensure they are up-to-date
and accurate.
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6. Each Party shall ensure that the information referred to in this Article is presented in an
adequate manner for the use of SMEs. Each Party shall endeavour to make such information
available in English.
7. A Party shall not apply any fee for access to the information provided pursuant to paragraphs
1 to 4 for any person of a Party.
ARTICLE 30.3
SMEs contact points
1. Each Party shall communicate to the other Party its SMEs contact point that will carry out the
functions listed in this Article. A Party shall notify the other Party promptly of any change in the
details of those contact points.
2. The SMEs contact points shall:
(a) ensure that SMEs' needs are taken into account in the implementation of this Agreement so
that SMEs of both Parties can take advantage of new opportunities under this Agreement;
(b) ensure that the information referred to in Article 30.2 is up-to-date and relevant for SMEs;
either Party may, through the SMEs contact point, suggest additional information that the
other Party may include in the information to be provided in accordance with Article 30.2;
& /en 169
(c) examine any matter relevant to SMEs in connection with the implementation of this
Agreement, including:
(i) exchanging information to assist the Trade Committee in its tasks to monitor and
implement the SMEs–related aspects of this Agreement;
(ii) assisting Sub-Committees and other contact points established by this Agreement, in
considering matters of relevance to SMEs;
(d) report periodically on their activities, jointly or individually, to the Trade Committee for its
consideration; and
(e) consider any other matter arising under this Agreement pertaining to SMEs as the Parties may
agree.
3. SMEs contact points shall meet as necessary and shall carry out their work through the
communication channels agreed by the Parties, which may include electronic mail,
video-conferencing or other means.
4. SMEs contact points may seek to cooperate with experts and external organisations, as
appropriate, in carrying out their activities.
& /en 170
ARTICLE 30.4
Non-application of dispute settlement
Chapter 31 does not apply to this Chapter.
CHAPTER 31
DISPUTE SETTLEMENT
SECTION A
OBJECTIVE AND SCOPE
ARTICLE 31.1
Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and
settling any dispute between the Parties concerning the interpretation and application of this
Agreement with a view to reaching a mutually agreed solution.
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ARTICLE 31.2
Scope
This Chapter applies with respect to any dispute between the Parties concerning the interpretation
and application of the provisions of this Agreement ("covered provisions"), unless otherwise
provided in this Agreement.
ARTICLE 31.3
Definitions
For the purposes of this Chapter and Annexes 31-A and 31-B:
(a) "complaining Party" means the Party that requests the establishment of panel pursuant to
Article 31.5 ; and
(b) “mediator” means an individual who has been selected as mediator in accordance with
Article 38.27;
(c) “panel” means a panel established pursuant to Article 38.6;
(d) “panellist” means a member of a panel; and
(e) “Party complained against” means the Party that is alleged to be in breach of a covered
provision.
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SECTION B
CONSULTATIONS
ARTICLE 31.4
Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 31.2 by entering into
consultations in good faith with a view to reaching a mutually agreed solution.
2. A Party shall seek consultations by means of a written request delivered to the other Party
identifying the measure at issue and the covered provisions that it considers applicable.
3. The Party to which the request for consultations is made shall reply to the request promptly,
but no later than 10 days after the date of delivery of the request for consultations. Consultations
shall be held within 30 days after the date of delivery of the request for consultations, and take
place, unless the Parties agree otherwise, in the territory of the Party to which the request is made.
The consultations shall be deemed concluded 46 days after the date of delivery of the request for
consultations, unless the Parties agree to continue consultations.
& /en 173
4. Consultations on matters of urgency, including those regarding perishable goods or seasonal
goods or services, shall be held within 15 days after the date of delivery of the request for
consultations. The consultations shall be deemed concluded 23 days after the date of delivery of the
request for consultations, unless the Parties agree to continue consultations.
5. During consultations, each Party shall provide sufficient factual information so as to allow a
complete examination of the manner in which the measure at issue could affect the application of
this Agreement. Each Party shall endeavour to ensure the participation of personnel of its competent
governmental authorities who have expertise in the matter subject to the consultations.
6. Consultations and, in particular, all information designated as confidential and positions taken
by a Party during consultations, shall be confidential, and without prejudice to the rights of each
Party in any further proceedings.
7. If the Party to which the request for consultations is made does not respond to the request
within 10 days after the date of its delivery, or if consultations are not held within the timeframes
laid down in paragraph 3 or 4 respectively, or if the Parties agree not to have consultations, or if
consultations have been concluded and no mutually agreed solution has been reached, the Party that
requested consultations may have recourse to Article 31.5.
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SECTION C
PANEL PROCEDURES
ARTICLE 31.5
Initiation of panel procedures
1. If the Parties fail to resolve the matter through consultations as provided for in Article 31.4,
the Party that requested consultations may request the establishment of a panel.
2. The request for the establishment of a panel shall be made by means of a written request
delivered to the other Party. The complaining Party shall identify the measure at issue in its request,
specify the covered provisions that it considers applicable, and explain how that measure constitutes
a breach of the covered provisions in such a manner sufficient to present the legal basis for the
complaint clearly.
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ARTICLE 31.6
Establishment of a panel
1. A panel shall be composed of three panellists.
2. Within 14 days after the date of delivery to the Party complained against of the request for the
establishment of a panel, the Parties shall consult with a view to agree on the composition of the
panel.
3. If the Parties do not agree on the composition of the panel within the time period provided for
in paragraph 2, each Party shall appoint a panellist from the sub-list of that Party established under
Article 31.8(1) within 10 days after the date of expiry of the time period provided for in paragraph
2. If the Party complained against does not appoint a panellist from its sub-list within that time
period, the co-chair of the Trade Committee of the complaining Party shall select by lot, within
five days after the date of expiry of that time period, the panellist from the sub-list of that Party. The
co-chair of the Trade Committee of the complaining Party may delegate such selection by lot of the
panellist.
& /en 176
4. If the Parties do not agree on the chairperson of the panel within the time period provided for
in paragraph 2, the co-chair of the Trade Committee of the complaining Party shall select by lot,
within 10 days after the date of expiry of that time period, the chairperson of the panel from the
sub-list of chairpersons established under subparagraph (c) of Article 31.8(1). The co-chair of the
Trade Committee from the complaining Party may delegate such selection by lot of the chairperson
of the panel.
5. The panel shall be deemed to be established 15 days after the date on which the three selected
panellists have notified the Parties their acceptance of the appointment in accordance with
Annex 31-A, unless the Parties agree otherwise. Each Party shall promptly make public the date of
establishment of the panel.
6. If any of the lists provided for in Article 31.8 have not been established or do not contain
sufficient names at the time a request is made pursuant to paragraph 3 or 4 of this Article, the
panellists shall be selected by lot from the individuals who have been formally proposed by one
Party or both Parties, in accordance with Annex 31-A.
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ARTICLE 31.7
Choice of forum
1. If a dispute arises concerning a particular measure in alleged breach of an obligation under
this Agreement and a substantially equivalent obligation under another international agreement to
which both Parties are party, including the WTO Agreement, the Party seeking redress shall select
the forum in which to settle the dispute.
2. Once a Party has selected the forum and initiated dispute settlement procedures under this
Section or under another international agreement with respect to the particular measure referred to
in paragraph 1, that Party shall not initiate dispute settlement procedures under that other
international agreement or this Section, respectively, unless the forum first selected fails to make
findings for procedural or jurisdictional reasons.
3. For the purposes of this Article:
(a) dispute settlement procedures under this Section are deemed to be initiated by a Party's
request for the establishment of a panel pursuant to Article 31.5;
(b) dispute settlement procedures under the WTO Agreement are deemed to be initiated by a
Party's request for the establishment of a panel pursuant to Article 6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes, contained in Annex 2 to the
WTO Agreement; and
& /en 178
(c) dispute settlement procedures under any other agreement are deemed to be initiated in
accordance with the relevant provisions of that agreement.
4. Without prejudice to paragraph 2, nothing in this Agreement shall preclude a Party from
suspending obligations authorised by the Dispute Settlement Body of the WTO or authorised under
the dispute settlement procedures of another international agreement to which the Parties are party.
The WTO Agreement or any other international agreement between the Parties shall not be invoked
to preclude a Party from suspending obligations pursuant to this Section.
ARTICLE 31.8
Lists of panellists
1. The Trade Committee shall, no later than one year after the date of entry into force of this
Agreement, establish a list of at least 15 individuals who are willing and able to serve as panellists.
The list shall be composed of three sub-lists:
(a) one sub-list of individuals established on the basis of proposals by the European Union;
(b) one sub-list of individuals established on the basis of proposals by Chile; and
(c) one sub-list of individuals who are not nationals of either Party and who shall serve as
chairperson of the panel.
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2. Each sub-list shall include at least five individuals. The Trade Committee shall ensure that the
list is always maintained at this minimum number of individuals.
3. The Trade Committee may establish additional lists of individuals with expertise in specific
sectors covered by this Agreement. If the Parties so agree, such additional lists shall be used to
compose the panel in accordance with the procedure set out in Article 31.6.
ARTICLE 31.9
Requirements for panellists
1. Each panellist shall:
(a) have demonstrated expertise in law, international trade and other matters covered by this
Agreement;
(b) be independent of, and not be affiliated with or take instructions from, either Party;
(c) serve in their individual capacities and not take instructions from any organisation or
government with regard to matters related to the dispute; and
(d) comply with Annex 31-B.
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2. The chairperson shall, in addition to fulfilling the requirements set out in paragraph 1, have
experience in dispute settlement procedures.
3. In view of the subject-matter of a particular dispute, the Parties may agree to derogate from
the requirements listed in subparagraph (a) of paragraph 1.
ARTICLE 31.10
Functions of the panel
The panel:
(a) shall make an objective assessment of the matter before it, including an objective assessment
of the facts of the case and the applicability of and conformity with the covered provisions;
(b) shall set out, in its decisions and reports, the findings of facts, the applicability of the covered
provisions and the basic rationale behind any findings and conclusions that it makes; and
(c) should consult regularly with the Parties and provide adequate opportunities for the
development of a mutually agreed solution.
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ARTICLE 31.11
Terms of reference
1. Unless the Parties agree otherwise within five days after the date of establishment of the
panel, the terms of reference of the panel shall be:
"to examine, in the light of the relevant provisions of the Interim Agreement on Trade between the
European Union, of the one part, and the Republic of Chile, of the other part, cited by the Parties,
the matter referred to in the request for the establishment of the panel, to make findings on the
conformity of the measure at issue with the covered provisions of that Agreement and to deliver a
report in accordance with Article 31.13 of that Agreement".
2. If the Parties agree on other terms of reference than those set out in paragraph 1, they shall
notify the panel of the agreed terms of reference within the time period set out in paragraph 1.
ARTICLE 31.12
Decision on urgency
1. If a Party so requests, the panel shall decide, within 10 days after the date of its establishment,
whether the case concerns a matter of urgency.
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2. In cases of urgency, the applicable time periods set out in this Section shall be half of the time
set out therein, except for the time periods referred to in Articles 31.6 and 31.11.
ARTICLE 31.13
Interim and final report
1. The panel shall deliver an interim report to the Parties within 90 days after the date of
establishment of the panel. If the panel considers that that deadline cannot be met, the chairperson
of the panel shall notify the Parties, stating the reasons for the delay and the date on which the panel
plans to deliver its interim report. The panel shall under no circumstances deliver its interim report
later than 120 days after the date of establishment of the panel.
2. Each Party may deliver to the panel a written request to review precise aspects of the interim
report within 10 days after the date of its delivery. A Party may comment on the other Party's
request within six days after the date of delivery of that request.
3. If no request is delivered pursuant to paragraph 2, the interim report shall become the final
report.
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4. The panel shall deliver its final report to the Parties within 120 days after the date of
establishment of the panel. If the panel considers that that deadline cannot be met, the chairperson
of the panel shall notify the Parties, stating the reasons for the delay and the date on which the panel
plans to deliver its final report. The panel shall under no circumstances deliver its final report later
than 150 days after the date of establishment of the panel.
5. The final report shall include a discussion of any written request by the Parties on the interim
report and clearly address the comments of the Parties. The panel shall set out the following in the
interim and the final report:
(a) a descriptive section containing a summary of the arguments of the Parties and of the
comments referred to in paragraph 2;
(b) its findings on the facts of the case and on the applicability of the relevant covered provisions;
(c) its findings on whether the measure at issue is or is not in conformity with the relevant
covered provisions; and
(d) the reasons for the findings referred to in subparagraphs (b) and (c).
6. The final report shall be final and binding on the Parties.
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ARTICLE 31.14
Compliance measures
1. The Party complained against shall take any measure necessary to comply promptly with the
final report in order to bring itself in compliance with the covered provisions.
2. The Party complained against shall, no later than 30 days after the date of delivery of the final
report, notify the complaining Party of any measure which it has taken or envisages to take to
comply with the final report.
ARTICLE 31.15
Reasonable period of time
1. If immediate compliance is not possible, the Party complained against shall, no later than
30 days after the date of delivery of the final report, notify the complaining Party of the length of
the reasonable period of time it will require for compliance. The Parties shall endeavour to agree on
the length of the reasonable period of time to comply with the final report.
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2. If the Parties have not agreed on the length of the reasonable period of time, the complaining
Party may, no earlier than 20 days after the date of delivery of the notification referred to in
paragraph 1, request, in writing, the original panel to determine the length of the reasonable period
of time. The panel shall deliver its decision to the Parties within 20 days after the date of delivery of
the request.
3. The Party complained against shall, at least one month before the expiry of the reasonable
period of time, notify the complaining Party of its progress in complying with the final report.
4. The Parties may agree to extend the reasonable period of time.
ARTICLE 31.16
Compliance review
1. The Party complained against shall, no later than at the date of expiry of the reasonable period
of time referred to in Article 31.15, notify the complaining Party of any measure that it has taken to
comply with the final report.
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2. When the Parties disagree on the existence or the consistency with the covered provisions of
any measure taken to comply, the complaining Party may deliver a request, in writing, to the
original panel to decide on the matter. The request shall identify any measure at issue and explain
how that measure constitutes a breach of the covered provisions in a manner sufficient to present
the legal basis for the complaint clearly. The panel shall deliver its decision to the Parties within
46 days after the date of delivery of the request.
ARTICLE 31.17
Temporary remedies
1. On request of, and after consultations with, the complaining Party, the Party complained
against shall present an offer for temporary compensation if:
(a) the Party complained against notifies the complaining Party that it is not possible to comply
with the final report;
(b) the Party complained against fails to notify any measure taken to comply or which it
envisages to take to comply, within the time period referred to in Article 31.14 or of any
measure taken to comply before the date of expiry of the reasonable period of time referred to
in Article 31.15;
(c) the panel finds that no measure taken to comply exists, in accordance with Article 31.16; or
& /en 187
(d) the panel finds that the measure taken to comply is inconsistent with the covered provisions,
in accordance with Article 31.16.
2. In any of the circumstances referred to in subparagraph (a), (b), (c) or (d) of paragraph 1, the
complaining Party may notify the Party complained against that it intends to suspend the obligations
set out in the covered provisions if:
(a) the complaining Party decides not to make a request pursuant to paragraph 1; or
(b) the complaining Party has made a request pursuant to paragraph 1 and the Parties do not agree
on the temporary compensation within 20 days after the date of expiry of the reasonable
period of time referred to in Article 31.15 or the delivery of the panel decision pursuant to
Article 31.16.
3. The complaining Party may suspend the obligations 10 days after the date of delivery of the
notification referred to in paragraph 2, unless the Party complained against has made a request
pursuant to paragraph 6.
4. The level of the suspension of obligations shall not exceed the level equivalent to the
nullification or impairment caused by the violation. The notification referred to in paragraph 2 shall
specify the level of intended suspension of obligations.
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5. In considering which obligations to suspend, the complaining Party should first seek to
suspend the obligations in the same sector or sectors as those affected by the measure that the panel
has found to be inconsistent with the covered provisions. The suspension of obligations may be
applied to other sector or sectors covered by this Agreement than those in which the panel has
found nullification or impairment, in particular if the complaining Party is of the view that such
suspension in the other sector is practicable or effective in inducing compliance.
6. If the Party complained against considers that the notified level of intended suspension of
obligations exceeds the level equivalent to the nullification or impairment caused by the violation, it
may, before the expiry of the time period set out in paragraph 3, deliver a written request to the
original panel to decide on the matter. The panel shall deliver its decision on the level of the
suspension of obligations to the Parties within 30 days after the date of the request. The
complaining Party shall not suspend any obligations until the panel has delivered its decision. The
suspension of obligations shall be consistent with that decision.
7. The suspension of obligations, or the compensation referred to in this Article, shall be
temporary and shall not be applied after:
(a) the Parties have reached a mutually agreed solution pursuant to Article 31.32;
(b) the Parties have agreed that the measure taken to comply brings the Party complained against
into conformity with the covered provisions; or
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(c) any measure taken to comply which the panel has found to be inconsistent with the covered
provisions has been withdrawn or amended so as to bring the Party complained against into
conformity with those provisions.
ARTICLE 31.18
Review of measures taken to comply after temporary remedies
1. The Party complained against shall notify the complaining Party of any measure it has taken
to comply following the suspension of obligations or following the application of temporary
compensation, as the case may be. With the exception of cases referred to in paragraph 2, the
complaining Party shall terminate the suspension of obligations within 30 days after the date of
delivery of that notification. In cases where compensation has been applied, and with the exception
of cases referred to in paragraph 2, the Party complained against may terminate the application of
such compensation within 30 days after the date of delivery of its notification that it has complied.
2. If the Parties do not reach an agreement on whether the measure notified according to
paragraph 1 brings the Party complained against into conformity with the covered provisions within
30 days after the date of delivery of that notification, the complaining Party shall deliver a written
request to the original panel to decide on the matter. The panel shall deliver its decision to the
Parties within 46 days after the date of the delivery of the request. If the panel finds that the
measure taken to comply is in conformity with the covered provisions, the suspension of obligations
or compensation, as the case may be, shall be terminated. If relevant, the complaining Party shall
adjust the level of suspension of obligations or of compensation in light of the panel decision.
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3. If the Party complained against considers that the level of suspension implemented by the
complaining Party exceeds the level equivalent to the nullification or impairment caused by the
violation, it may deliver a written request to the original panel to decide on the matter.
ARTICLE 31.19
Replacement of panellists
If during panel procedures under this Section, a panellist is unable to participate, withdraws or
needs to be replaced because he or she does not comply with the requirements of Annex 31-B, a
new panellist shall be appointed in accordance with Article 31.6. The time period for the delivery of
a report or a decision referred to in this Section shall be extended for the time necessary for the
appointment of the new panellist.
ARTICLE 31.20
Rules of procedure
1. Panel procedures under this Section shall be governed by this Chapter and Annex 31-A.
2. Any hearing of the panel shall be open to the public unless otherwise provided for in
Annex 31-A.
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ARTICLE 31.21
Suspension and termination
1. At the joint request of the Parties, the panel shall suspend its work at any time for a period
agreed by the Parties and not exceeding 12 consecutive months.
2. The panel shall resume its work before the end of the suspension period at the written request
of both Parties, or at the end of the suspension period at the written request of either Party. The
requesting Party shall notify the other Party accordingly. If a Party does not request the resumption
of the work of the panel at the end of the suspension period, the authority of the panel shall lapse
and the dispute settlement procedure shall be terminated.
3. If the work of the panel is suspended pursuant to this Article, the relevant time periods under
this Section shall be extended by the same period of time for which the work of the panel was
suspended.
ARTICLE 31.22
Right to seek information
1. At the request of a Party, or upon its own initiative, the panel may seek, from the Parties,
information it considers necessary and appropriate. The Parties shall respond promptly and fully to
any request by the panel for such information.
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2. On request of a Party or its own initiative, the panel may seek information it considers
necessary and appropriate from any source. The panel also has the right to seek the opinion,
including information and technical advice, of experts, as it deems appropriate, and subject to any
terms and conditions agreed by the Parties, if applicable.
3. The panel shall consider amicus curiae submissions from natural persons of a Party or
juridical persons established in a Party in accordance with Annex 31-A.
4. Any information obtained by the panel pursuant to this Article shall be disclosed to the Parties
and the Parties may provide comments on that information.
ARTICLE 31.23
Rules of interpretation
1. The panel shall interpret the covered provisions in accordance with customary rules of
interpretation of public international law, including those codified in the Vienna Convention on the
Law of Treaties.
2. The panel shall also take into account relevant interpretations in reports of WTO panels and
the Appellate Body adopted by the Dispute Settlement Body of the WTO.
3. Reports and decisions of the panel cannot add to or diminish the rights and obligations of the
Parties under this Agreement.
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ARTICLE 31.24
Reports and decisions of the panel
1. The deliberations of the panel shall be kept confidential. The panel shall make every effort to
draft reports and take decisions by consensus. If this is not possible, the panel shall decide the
matter by majority vote. In no case shall separate opinions of panellists be disclosed.
2. Each Party shall make its submissions and the reports and decisions of the panel publicly
available, subject to the protection of confidential information.
3. The reports and decisions of the panel shall be accepted unconditionally by the Parties. They
shall not create any rights or obligations for persons.
4. The panel and the Parties shall treat as confidential any information submitted by a Party to
the panel in accordance with Annex 31-A.
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SECTION D
MEDIATION MECHANISM
ARTICLE 31.25
Objective
1. The objective of the mediation mechanism is to facilitate the finding of a mutually agreed
solution through a comprehensive and expeditious procedure with the assistance of a mediator.
2. The mediation procedure may only be initiated by mutual agreement of the Parties in order to
explore mutually agreed solutions and consider any advice and proposed solutions by the mediator.
ARTICLE 31.26
Initiation of the mediation procedure
1. A Party ("the requesting Party") may at any time request the other Party ("the responding
Party") in writing to enter into a mediation procedure with respect to any measure of the responding
Party allegedly adversely affecting trade or investment between the Parties.
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2. The request referred to in paragraph 1 shall be sufficiently detailed to present the concerns of
the requesting Party clearly and shall:
(a) identify the measure at issue;
(b) provide a statement of the adverse effects that the requesting Party considers the measure has,
or will have, on trade or investment between the Parties; and
(c) explain how the requesting Party considers that those effects are linked to the measure.
3. The responding Party shall give sympathetic consideration to the request and deliver its
written acceptance or rejection to the requesting Party within 10 days after the date of its delivery.
Otherwise the request shall be regarded as rejected.
ARTICLE 31.27
Selection of the mediator
1. The Parties shall endeavour to agree on a mediator within 14 days after the date of initiation
of the mediation procedure.
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2. If the Parties are unable to agree on the mediator within the time period laid down in
paragraph 1 of this Article, either Party may request the co-chair of the Trade Committee of the
requesting Party to select the mediator by lot, within five days after the date of the request, from the
sub-list of chairpersons established pursuant to subparagraph (c) of Article 31.8(1). The co-chair of
the Trade Committee of the requesting Party may delegate such selection by lot of the mediator.
3. If the sub-list of chairpersons referred to in subparagraph (c) of Article 31.8(1) has not been
established at the time a request is made pursuant to Article 31.26, the mediator shall be selected by
lot from the individuals who have been formally proposed by one Party or both Parties for that
sub-list.
4. A mediator shall not be a national of either Party or employed by either Party, unless the
Parties agree otherwise.
5. A mediator shall comply with Annex 31-B.
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ARTICLE 31.28
Rules of the mediation procedure
1. Within 10 days after the date of the appointment of the mediator, the requesting Party shall
deliver to the mediator and to the responding Party a detailed written description of its concerns, in
particular relating to the operation of the measure at issue and its possible adverse effects on trade
or investment. Within 20 days after the date of delivery of this description, the responding Party
may deliver written comments on that description. A Party may include any information that it
deems relevant in its description or comments.
2. The mediator shall assist the Parties in a transparent manner in bringing clarity to the measure
at issue and its possible adverse effects on trade or investment. In particular, the mediator may
organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance
of, or consult with, relevant experts and stakeholders and provide any additional support requested
by the Parties. The mediator shall consult with the Parties before seeking the assistance of, or
consulting with, relevant experts and stakeholders.
3. The mediator may offer advice and propose a solution for the consideration of the Parties. The
Parties may accept or reject the proposed solution, or agree on a different solution. The mediator
shall not advise or comment on the consistency of the measure at issue with this Agreement.
4. The mediation procedure shall take place in the territory of the responding Party, or by mutual
agreement in any other location or by any other means.
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5. The Parties shall endeavour to reach a mutually agreed solution within 60 days after the date
of the appointment of the mediator. Pending a final agreement, the Parties may consider possible
interim solutions, in particular if the measure relates to perishable goods or seasonal goods or
services.
6. On request of either Party, the mediator shall deliver a draft factual report to the Parties,
providing:
(a) a brief summary of the measure at issue;
(b) the procedures followed; and
(c) if applicable, any mutually agreed solution reached, including possible interim solutions.
7. The mediator shall allow the Parties 15 days after the date of the delivery of the draft factual
report to comment on the draft factual report. After considering the comments of the Parties
received, the mediator shall, within 15 days of the receipt of the comments, deliver a final factual
report to the Parties. The draft and final factual reports shall not include any interpretation of this
Agreement.
8. The mediation procedure shall be terminated:
(a) by the adoption of a mutually agreed solution by the Parties, on the date of the notification
thereof to the mediator;
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(b) by mutual agreement of the Parties at any stage of the procedure, on the date of the
notification of that agreement to the mediator;
(c) by a written declaration of the mediator, after consultation with the Parties, that further efforts
at mediation would be to no avail, on the date of the notification of that declaration to the
Parties; or
(d) by a written declaration of a Party after having explored mutually agreed solutions under the
mediation procedure and after having considered any advice and proposed solutions by the
mediator, on the date of the notification of that declaration to the mediator and the other Party.
ARTICLE 31.29
Confidentiality
Unless the Parties agree otherwise, all steps of the mediation procedure, including any advice or
proposed solution, are confidential. A Party may disclose to the public the fact that a mediation is
taking place.
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ARTICLE 31.30
Relationship to dispute settlement procedures
1. The mediation procedure is without prejudice to the Parties' rights and obligations under
Sections B and C or dispute settlement procedures under any other agreement.
2. A Party shall not rely on, or introduce as evidence, in other dispute settlement procedures
under this Agreement or any other agreement, and a panel shall not take into consideration:
(a) positions taken by the other Party in the course of the mediation procedure or information
exclusively gathered under of Article 31.28(2);
(b) the fact that the other Party has indicated its willingness to accept a solution to the measure
subject to mediation; or
(c) advice given or proposals made by the mediator.
3. Unless the Parties agree otherwise, a mediator shall not serve as a panellist in dispute
settlement procedures under this Agreement or under any other agreement involving the same
matter for which he or she has been a mediator.
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SECTION E
COMMON PROVISIONS
ARTICLE 31.31
Request for information
1. Before a request for consultations or mediation is made pursuant to Article 31.4 or 31.26
respectively, a Party may request information from the other Party regarding a measure allegedly
adversely affecting trade or investment between the Parties. The Party to which such request is
made shall, within 20 days after the date of delivery of the request, deliver a written response with
its comments on the requested information.
2. If the Party to which the request is made considers it will not be able to deliver a response
within 20 days after the date of delivery of the request, it shall promptly notify the other Party,
stating the reasons for the delay and providing an estimate of the shortest period within which it will
be able to deliver its response.
3. A Party is normally expected to request information pursuant to paragraph 1 of this Article
before a request for consultations or mediation is made pursuant to Article 31.4 or 31.26
respectively.
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ARTICLE 31.32
Mutually agreed solution
1. The Parties may reach a mutually agreed solution at any time with respect to any dispute
referred to in Article 31.2.
2. If a mutually agreed solution is reached during the panel or mediation procedure, the Parties
shall jointly notify that solution to the chairperson of the panel or the mediator, respectively. Upon
such notification, the panel or mediation procedure shall be terminated.
3. Each Party shall take measures necessary to implement the mutually agreed solution
immediately or within the agreed time period, as applicable.
4. No later than at the expiry of the agreed time period the implementing Party shall inform the
other Party, in writing, of any measure that it has taken to implement the mutually agreed solution.
ARTICLE 31.33
Time periods
1. All time periods set out in this Chapter shall be counted from the day following the act to
which they refer.
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2. Any time period referred to in this Chapter may be modified by mutual agreement of the
Parties.
3. Under Section C, the panel may at any time propose to the Parties to modify any time period
referred to in this Chapter, stating the reasons for the proposal.
ARTICLE 31.34
Costs
1. Each Party shall bear its own expenses derived from the participation in the panel or
mediation procedure.
2. The Parties shall share jointly and equally the expenses derived from organisational matters,
including the remuneration and expenses of the panellists and of the mediator. The remuneration of
the panellists shall be determined in accordance with Annex 31-A. The rules on the remuneration of
the panellists laid down in Annex 31-A shall apply to mediators mutatis mutandis.
ARTICLE 31.35
Amendment of Annexes
The Trade Council may adopt a decision to amend Annexes 31-A and 31-B, pursuant to
Article 33.1(6).
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CHAPTER 32
EXCEPTIONS
ARTICLE 32.1
General exceptions
1. For the purposes of Chapters 2, 4, 8, 101, 19 and 22 of this Agreement, Article XX of
GATT 1994, including its Notes and Supplementary Provisions, is incorporated into and made part
of this Agreement, mutatis mutandis.
2. Subject to the requirement that such measures are not applied in a manner which would
constitute a means of arbitrary or unjustifiable discrimination between countries where like
conditions prevail, or a disguised restriction on investment liberalisation or trade in services,
nothing in Chapters 8, 102, 11, 12, 13, 14, 15, 16, 17, 18, 19, 203 or 22 of this Agreement shall be
construed to prevent the adoption or enforcement by either Party of measures:
(a) necessary to protect public security or public morals or to maintain public order;4
1 This provision shall not apply to Article 10.7..
2 This provision shall not apply to Article 10.7..
3 For greater certainty, nothing in this Article shall be construed as limiting the rights set out in
Annex 20.
4 The exceptions set out in this subparagraph may be invoked only where a genuine and
sufficiently serious threat is posed to one of the fundamental interests of society.
& /en 205
(b) necessary to protect human, animal or plant life or health;
(c) necessary to secure compliance with laws or regulations which are not inconsistent with this
Agreement, including those relating to:
(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a
default on contracts;
(ii) the protection of privacy in relation to the processing and dissemination of personal
data, and the protection of the confidentiality of individual records and accounts; or
(iii) safety.
3. For greater certainty, the Parties understand that, to the extent that such measures are
inconsistent with the provisions of the Chapters of this Agreement referred to in paragraphs 1 and 2
of this Article:
(a) the measures referred to in subparagraph (b) of Article XX of GATT 1994 and in
subparagraph (b) of paragraph 2 of this Article include environmental measures which are
necessary to protect human, animal or plant life or health;
(b) subparagraph (g) of Article XX of GATT 1994 applies to measures relating to the
conservation of living and non-living exhaustible natural resources; and
& /en 206
(c) measures taken to implement multilateral environmental agreements can fall under
subparagraph (b) or (g) of Article XX of GATT 1994 or under subparagraph (b) of
paragraph 2 of this Article.
4. Before a Party applies any measure provided for in subparagraphs (i) and (j) of Article XX of
GATT 1994, that Party shall provide the other Party with all relevant information, with a view to
seeking a solution acceptable to the Parties. If an acceptable solution is not reached within 30 days
of the provision of the relevant information, the Party intending to apply the measure may do so.
Where exceptional and critical circumstances requiring immediate action prevent the prior
provision and examination of information, the Party intending to apply the measures may
immediately apply any precautionary measures necessary to address the situation. That Party shall
inform the other Party immediately of the application of such measures.
ARTICLE 32.2
Security exceptions
1. Nothing in this Agreement shall be construed:
(a) to require a Party to furnish or provide access to any information the disclosure of which it
considers contrary to its essential security interests; or
& /en 207
(b) to prevent a Party from taking any action which it considers necessary for the protection of its
essential security interests:
(i) connected to the production of or traffic in arms, ammunition and implements of war
and to such traffic and transactions in other goods and materials, services and
technology, and to economic activities, as carried out directly or indirectly for the
purposes of supplying a military establishment;
(ii) relating to fissionable and fusionable materials or the materials from which they are
derived; or
(iii) taken in time of war or other emergency in international relations; or
(c) to prevent a Party from taking any action pursuant to its obligations under the Charter of the
United Nations for the maintenance of international peace and security.
2. A Party shall inform the Trade Committee to the fullest extent possible of any action it takes
under subparagraphs (b) and (c) of paragraph 1 and of the termination of that action.
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ARTICLE 32.3
Taxation
1. For the purposes of this Article:
(a) "residence" means residence for tax purposes;
(b) "tax agreement" means an agreement on the avoidance of double taxation or any other
international agreement or arrangement relating wholly or mainly to taxation to which any
Member State, the European Union or Chile is a party; and
(c) "taxation measure" means a measure applying the tax law of the European Union, of any
Member State, or of Chile.
2. This Agreement applies to taxation measures only insofar as their application is necessary to
give effect to the provisions of this Agreement.
3. Nothing in this Agreement shall affect the rights and obligations of either the European
Union, or its Member States or Chile under any tax agreement. In the event of any inconsistency
between this Agreement and any tax agreement, the tax agreement shall prevail to the extent of the
inconsistency. With regard to a tax agreement between the European Union or its Member States
and Chile, the relevant competent authorities, of the European Union or of its Member States, on
the one hand, and of Chile, on the other hand, under this Agreement and that tax agreement, shall
jointly determine whether an inconsistency exists between this Agreement and that tax agreement.
& /en 209
4. Any most-favoured-nation obligation under this Agreement shall not apply with respect to an
advantage accorded by the European Union, its Member States or Chile pursuant to a tax
agreement.
5. Subject to the requirement that such measures are not applied in a manner which would
constitute a means of arbitrary or unjustifiable discrimination between countries where like
conditions prevail, or a disguised restriction on trade and investment, nothing in this Agreement
shall be construed to prevent the adoption, maintenance or enforcement by a Party of any measure
aimed at ensuring the equitable or effective imposition or collection of direct taxes that:
(a) distinguishes between taxpayers who are not in the same situation, in particular with regard to
their place of residence or with regard to the place where their capital is invested; or
(b) aims at preventing the avoidance or evasion of taxes under a tax agreement or fiscal law of
that Party.
& /en 210
ARTICLE 32.4
Disclosure of information
1. Nothing in this Agreement shall be construed as requiring a Party to make available
confidential information, the disclosure of which would impede law enforcement or otherwise be
contrary to the public interest, or which would prejudice the legitimate commercial interests of
particular enterprises, public or private, except where a panel requires such confidential information
in dispute settlement proceedings under Chapter 31. In such cases, the panel shall ensure that
confidentiality is fully protected.
2. When a Party submits information considered confidential under its law to the Trade Council,
Trade Committee, Sub-Committees or other bodies established under this Agreement, the other
Party shall treat that information as confidential, unless the submitting Party agrees otherwise.
ARTICLE 32.5
WTO waivers
If an obligation under this Agreement is substantially equivalent to an obligation under the WTO
Agreement, any measure taken in conformity with a waiver adopted pursuant to Article IX of the
WTO Agreement shall be deemed to be in conformity with the substantively equivalent obligation
under this Agreement.
& /en 211
CHAPTER 33
INSTITUTIONAL AND FINAL PROVISIONS
SECTION A
INSTITUTIONAL PROVISIONS
ARTICLE 33.1
The Trade Council
1. The Parties hereby establish a Trade Council. The Trade Council shall oversee the fulfilment
of the objectives of this Agreement and supervise its implementation. It shall examine any matters
arising within the framework of this Agreement.
2. The Trade Council shall meet within a year of the date of entry into force of this Agreement,
and thereafter on a biennial basis, or as otherwise agreed by the Parties. The meetings of the Trade
Council shall take place in person or by any technological means in accordance with its rules of
procedure. Meetings that take place in person shall be held in Brussels and Santiago alternately. The
agenda of a meeting of the Trade Council shall be established by the coordinators of this
Agreement, pursuant to Article 33.3(2).
& /en 212
3. The Trade Council shall be composed of representatives of the Parties with responsibility for
trade and investment matters. The Trade Council shall be co-chaired by a representative of each
Party.
4. The Trade Council shall have the power to adopt decisions in the cases provided for in this
Agreement and to make recommendations, in accordance with its rules of procedure. The Trade
Council shall adopt its decisions and make recommendations by mutual agreement. Decisions shall
be binding on the Parties, which shall take all necessary measures to implement those decisions1.
Recommendations shall have no binding force.
5. The Trade Council shall establish its own rules of procedure and the rules of procedure of the
Trade Committee at its first meeting.
6. The Trade Council may:
(a) adopt decisions to amend:
(i) the tariff schedules in the Appendices 2-1 and 2-2 in order to accelerate tariff
dismantling;
(ii) Chapter 3 and Annexes 3-A to 3-E;
1 For greater certainty, Chile will implement any decisions adopted by the Trade Council
through acuerdos de ejecución (executive agreements), in accordance with Chilean law.
& /en 213
(iii) Annexes 6-F and 6-G, and Appendix 6-E-1;
(iv) Annexes 9-A, 9-D and 9-E, and paragraph 1 of Annex 9-B;
(v) Annex 14-B;
(vi) Annex 22;
(vii) the definition of "subsidy" in Article 24.2(1) insofar as it relates to enterprises supplying
services, with a view to incorporating the outcome of future discussions in the WTO or
related plurilateral fora on that matter;
(viii) Annex 25-A as regards the references to the law applicable in the Parties;
(ix) Annex 25-B as regards the criteria to be included in the opposition procedure;
(x) Annex 25-C as regards the geographical indications;
(xi) Annexes 31-A and 31-B; and
(xii) any other provision, annex, appendix or protocol, the amendment of which is provided
for in this Agreement;
& /en 214
(b) adopt decisions to issue interpretations of the provisions of this Agreement, which shall be
binding on the Parties and all bodies established under this Agreement and the panels referred
to in Chapters 26 and 31;
(c) delegate any of its functions to the Trade Committee, including the power to adopt decisions
and to make recommendations;
(d) establish additional Sub-Committees and other bodies pursuant to Article 33.4(2); and
(e) establish the rules of procedure of the Sub-Committees and other bodies, if it deems so
appropriate, pursuant to Article 33.4(7).
ARTICLE 33.2
The Trade Committee
1. The Parties hereby establish a Trade Committee. The Trade Committee shall assist the Trade
Council in the performance of its functions.
2. The Trade Committee shall be responsible for the general implementation of this Agreement.
The circumstance that a matter or issue is being considered by the Trade Committee shall not
prevent the Trade Council from also dealing with it.
& /en 215
3. The Trade Committee shall meet within a year of the date of entry into force of this
Agreement, and thereafter once a year, or as otherwise agreed by the Parties. The meetings of the
Trade Committee shall take place in person or by any technological means in accordance with its
rules of procedure. Meetings that take place in person shall be held in Brussels and Santiago
alternately. The agenda of a meeting of the Trade Committee shall be established by the
coordinators of this Agreement, pursuant to Article 33.3(2).
4. The Trade Committee shall be composed of representatives of the Parties with responsibility
for trade and investment matters. The Trade Committee shall be co-chaired by a representative of
each Party.
5. The Trade Committee shall have the power to adopt decisions in the cases provided for in this
Agreement or when such power has been delegated to it by the Trade Council pursuant to
subparagraph (c) of Article 33.1(6). The Trade Committee shall also have the power to make
recommendations, including when that power has been delegated pursuant to subparagraph (c) of
Article 33.1(6). The Trade Committee shall adopt its decisions and make recommendations by
mutual agreement and in accordance with its rules of procedure. When exercising delegated
functions, the Trade Committee shall adopt its decisions and make recommendations in accordance
with the rules of procedure of the Trade Council. Decisions shall be binding on the Parties, which
shall take all necessary measures to implement those decisions1. Recommendations shall have no
binding force.
1 For greater certainty, Chile will implement any decisions adopted by the Trade Committee
through acuerdos de ejecución (executive agreements), in accordance with Chilean law.
& /en 216
6. The Trade Committee shall:
(a) be responsible for the proper implementation of this Agreement; in this respect, and without
prejudice to the rights established under Chapter 31, a Party may refer for discussion within
the Trade Committee any issue relating to the application or interpretation of this Agreement;
(b) oversee the further elaboration of this Agreement as necessary and evaluate the results
obtained from its application;
(c) seek appropriate ways of preventing and solving problems, which might otherwise arise in
areas covered by this Agreement;
(d) supervise the work of all Sub-Committees established under Article 33.4; and
(e) examine any effect on this Agreement of the accession of a new Member State to the
European Union.
7. The Trade Committee may:
(a) establish additional Sub-Committees and other bodies pursuant to Article 33.4(2);
(b) adopt decisions to amend this Agreement pursuant to subparagraph (a) of Article 33.1(6) and
to issue the interpretations referred to in subparagraph (b) of Article 33.1(6) in between
meetings of the Trade Council, when the Trade Council cannot meet or as otherwise provided
for in this Agreement; and
& /en 217
(c) establish the rules of procedure of the Sub-Committees and other bodies, if it deems so
appropriate, pursuant to Article 33.4(7).
ARTICLE 33.3
Coordinators
1. Each Party shall appoint a coordinator for this Agreement, within 60 days of the date of entry
into force of this Agreement, and notify the other Party the contact details of that coordinator.
2. The coordinators shall jointly establish the agenda and conduct all other necessary
preparations for the meetings of the Trade Council, the Trade Committee, and the Sub-Committees
and other bodies established pursuant to Article 33.4. The coordinators shall follow-up on the
decisions of the Trade Council and the Trade Committee, as appropriate.
ARTICLE 33.4
Sub-Committees and other bodies
1. The Parties hereby establish the following Sub-Committees:
(a) the Sub-Committee on Customs, Trade Facilitation and Rules of Origin;
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(b) the Sub-Committee on Financial Services;
(c) the Sub-Committee on Intellectual Property;
(d) the Sub-Committee on Public Procurement;
(e) the Sub-Committee on Sanitary and Phytosanitary Measures;
(f) the Sub-Committee on Services and Investment;
(g) the Sub-Committee on Sustainable Food Systems;
(h) the Sub-Committee on Technical Barriers to Trade;
(i) the Sub-Committee on Trade in Goods; and
(j) the Sub-Committee on Trade and Sustainable Development.
2. The Trade Council or the Trade Committee may adopt a decision to establish an additional
Sub-Committee or other body. The Trade Council or the Trade Committee may assign to a
Sub-Committee or other body established pursuant to this paragraph tasks within their respective
competence to assist in the performance of their respective functions and to address specific tasks or
subject matters. The Trade Council or the Trade Committee may change the tasks assigned to, or
dissolve, any Sub-Committee or other body established pursuant to this paragraph.
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3. Sub-Committees and other bodies shall be composed of representatives of the Parties and
shall be co-chaired by a representative of each Party.
4. Except as otherwise provided for in this Agreement or as otherwise agreed by the Parties,
Sub-Committees shall meet within a year of their establishment, thereafter, upon request of either
Party or of the Trade Council or the Trade Committee, at an appropriate level. Sub-Committees
may also convene at their own initiative, subject to their respective rules of procedure. The
meetings of the Sub-Committees shall take place in person or by any technological means in
accordance with its rules of procedure. Meetings that take place in person shall be held in Brussels
and Santiago alternately. The agenda of a meeting of the Sub-Committees and other bodies shall be
established by the coordinators of this Agreement, pursuant to Article 33.3(2).
5. Except as otherwise provided for in this Agreement, Sub-Committees and other bodies shall
report on their activities to the Trade Committee, regularly as well as upon request of the Trade
Committee.
6. The circumstance that a matter or issue is being considered by any of the Sub-Committees or
other bodies shall not prevent the Trade Council or the Trade Committee from also dealing with it.
7. The Trade Council or the Trade Committee may establish rules of procedure of the Sub-
Committees and other bodies, if it deems so appropriate. If the Trade Council or the Trade
Committee does not establish such rules of procedure, the rules of procedure for the Trade
Committee shall apply mutatis mutandis.
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8. The Sub-Committees and other bodies may make recommendations, in accordance with their
respective rules of procedure. The Sub-Committees and other bodies shall make recommendations
by mutual agreement. Recommendations of the Sub-Committees and other bodies shall have no
binding force.
ARTICLE 33.5
Participation of civil society
Each Party shall promote the participation of civil society in the implementation of this Agreement,
in particular through interaction with the respective Domestic Consultative Group, referred to in
Article 33.6, and with the Civil Society Forum referred to in Article 33.7.
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ARTICLE 33.6
Domestic Consultative Groups
1. Each Party shall create or designate a Domestic Consultative Group within two years of the
date of entry into force of this Agreement. Each Domestic Consultative Group shall comprise a
balanced representation of independent civil society organisations, including non-governmental
organisations, trade unions, and business and employers' organisations. For these purposes, each
Party shall establish its own appointment rules in order to determine the composition of the
respective Domestic Consultative Group, providing opportunities of access to actors from different
sectors. The membership of each Domestic Consultative Group shall be renewed at periodic
intervals, in accordance with the appointment rules established pursuant to this paragraph.
2. Each Party shall meet with its respective Domestic Consultative Group at least once a year, in
order to discuss the implementation of this Agreement. Each Party may consider views or
recommendations submitted by its respective Domestic Consultative Group.
3. In order to promote public awareness of its respective Domestic Consultative Group, each
Party shall publish a list of the organisations participating in its respective Domestic Consultative
Group, as well as its contact information.
4. The Parties shall promote the interaction between the Domestic Consultative Groups, through
appropriate means.
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ARTICLE 33.7
Civil Society Forum
1. The Parties shall promote the regular organisation of a Civil Society Forum to conduct a
dialogue on the implementation of this Agreement.
2. The Parties shall convene meetings of the Civil Society Forum by mutual agreement. When
convening a meeting of the Civil Society Forum, each Party shall invite independent civil society
organisations established in its territory, including the members of its respective Domestic
Consultative Group referred to in Article 33.6. Each Party shall promote a balanced representation,
allowing for the participation of non-governmental organisations, trade unions, and business and
employers' organisations. Each organisation shall bear the costs associated with its participation in
the Civil Society Forum.
3. Representatives of the Parties participating in the Trade Council or in the Trade Committee
shall, as appropriate, take part in the meetings of the Civil Society Forum. The Parties shall, jointly
or individually, publish any formal statements made at the Civil Society Forum.
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SECTION B
FINAL PROVISIONS
ARTICLE 33.8
Territorial application
1. This Agreement applies:
(a) with respect to the European Union, to the territories in which the Treaty on European Union
and the Treaty on the Functioning of the European Union are applied, and under the
conditions laid down in those Treaties; and
(b) with respect to Chile, to the land, maritime, and air space under its sovereignty, and the
exclusive economic zone and the continental shelf within which it exercises sovereign rights
and jurisdiction in accordance with international law1 and the law of Chile2.
1 For greater certainty, international law includes, in particular, the United Nations Convention
on the Law of the Sea, done at Montego Bay on 10 December 1982.
2 For greater certainty, in case of an inconsistency between the law of Chile and international
law, the latter shall prevail.
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References to "territory" in this Agreement shall be understood in accordance with this paragraph,
except as otherwise expressly provided in this Agreement.
2. As regards the provisions concerning the tariff treatment of goods, including rules of origin
and the temporary suspension of such treatment, this Agreement also applies to those areas of the
customs territory of the European Union within the meaning of Article 4 of Regulation
(EU) No 952/2013 of the European Parliament and of the Council1 that are not covered by
subparagraph (a) of paragraph 1.
ARTICLE 33.9
Amendments
1. The Parties may agree, in writing, to amend this Agreement. Amendments shall enter into
force in accordance with Article 33.10, mutatis mutandis.
2. Notwithstanding paragraph 1 of this Article, the Trade Council may adopt decisions to amend
this Agreement as set out in Articles 33.1 and 33.13(4).
1 Regulation (EU) No 952/2013 of the European Parliament and of the Council
of 9 October 2013 laying down the Union Customs Code (OJ EU L 269, 10.10.2013, p. 1).
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ARTICLE 33.10
Entry into force
1. This Agreement shall enter into force on the first day of the third month following the date of
the last notification by which the Parties inform each other of the completion of their respective
internal procedures required for the entry into force of this Agreement.
2. Notifications made in accordance with paragraph 1 shall be sent, for the European Union, to
the General Secretariat of the Council of the European Union, and, for Chile, to the Ministry of
Foreign Affairs.
ARTICLE 33.11
Other agreements
1. Part IV of the Association Agreement, including any decisions taken under its Institutional
Framework, shall cease to have effect upon the entry into force of this Agreement.
2. This Agreement replaces Part IV of the Association Agreement, including any decisions taken
under its Institutional Framework. References to the aforementioned Agreement, including any
decisions taken under its Institutional Framework, in all other agreements and understandings
between the Parties shall be construed as referring to this Agreement.
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3. Existing agreements falling within the scope of this Agreement shall cease to have effect upon
the entry into force of this Agreement.
4. The Agreement on Trade in Wines in Annex V to the Association Agreement (“Wine
Agreement”) and the Agreement on Trade in Spirit Drinks and Aromatised Drinks in Annex VI to
the Association Agreement (“Spirits Agreement”),1 including all appendices, are incorporated into
and made part of this Agreement, mutatis mutandis and as follows:
(a) references in the Wine Agreement and the Spirits Agreement to the dispute settlement
mechanism referred to in Part IV of the Association Agreement, as well as to the Code of
Conduct referred to in Annex XVI to the Association Agreement, are to be read as referring to
the dispute settlement mechanism provided for in Chapter 31 and to the Code of Conduct
provided for in Annex 31-B, respectively, of this Agreement;
(b) references in the Wine Agreement and the Spirits Agreement to the Community are to be read
as referring to the European Union;
(c) references in the Wine Agreement and the Spirits Agreement to the Association Committee
established by the Association Agreement are to be read as referring to the Trade Committee
established pursuant to Article 33.2 of this Agreement;
(d) references in the Wine Agreement and the Spirits Agreement to Annex IV of the Association
Agreement are to be read as references to Chapter 6 of this Agreement;
(e) for greater certainty, the Joint Committee established by Article 30 of the Wine Agreement
and the Joint Committee established by Article 17 of the Spirits Agreement are to remain in
place, and are to continue exercising the functions indicated in Article 29 of the Wine
Agreement and in Article 16 of the Spirits Agreement; and
1 For greater certainty, the date of signature and the date of entry into force of the Wine
Agreement and the Spirits Agreement are the same as the date of signature and the date of
entry into force of the Association Agreement.
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(f) for greater certainty, Article 1.5(2) of this Agreement applies to the Wine Agreement and the
Spirits Agreement.
5. Any decision taken under the Institutional Framework of the Association Agreement
concerning the Wine Agreement or the Spirits Agreement, in force upon the entry into force of this
Agreement, shall be deemed to have been adopted by the Trade Committee established pursuant to
Article 33.2 of this Agreement.
6. The Parties may amend the appendices to the Wine Agreement and to the Spirits Agreement,
as incorporated, by exchange of letters.1
1 For greater certainty, Chile will implement any amendments to the Wine Agreement and to
the Spirits Agreement as incorporated into this Agreement through acuerdos de ejecución
(executive agreements), in accordance with Chilean law.
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ARTICLE 33.12
Annexes, appendices, protocols, notes and footnotes
The annexes, appendices, protocols, notes and footnotes to this Agreement shall form an integral
part thereof.
ARTICLE 33.13
Future accessions to the European Union
1. The European Union shall notify Chile of any request for accession of a third country to the
European Union.
2. The European Union shall notify Chile of the date of the signature and of the entry into force
of the Accession Treaty of a new Member State to the European Union ("Accession Treaty").
3. In respect of a new Member State, this Agreement shall apply as from the date of accession of
that new Member State to the European Union.
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4. In order to facilitate the implementation of paragraph 3 of this Article, as from the date of
signature of an Accession Treaty, the Trade Committee shall examine any effects on this
Agreement deriving from the accession of a new Member State to the European Union, pursuant to
subparagraph (e) of Article 33.2(6). The Trade Council shall adopt a decision on any necessary
amendments to the Annexes to this Agreement, and on any other necessary adaptations, including
transitional measures. Any decision of the Trade Council adopted pursuant to this paragraph, shall
take effect on the date of accession of that new Member State to the European Union.
ARTICLE 33.14
Private rights
1. Nothing in this Agreement shall be construed as directly conferring rights or imposing
obligations on persons, other than rights or obligations created between the Parties under public
international law, or as allowing this Agreement to be directly invoked in the legal systems of the
Parties.
2. A Party shall not provide for a right of action under the law of that Party against the other
Party on the grounds that a measure of the other Party is inconsistent with this Agreement.
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ARTICLE 33.15
Duration
This Agreement shall remain in force until the date of entry into force of the Advanced Framework
Agreement.
ARTICLE 33.16
Termination
Notwithstanding Article 33.15, either Party may notify the other Party of its intention to terminate
this Agreement. That notification shall be sent, for the European Union, to the Secretary-General of
the Council of the European Union and, for Chile, to the Ministry of Foreign Affairs. The
termination shall take effect six months after the date of that notification.
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ARTICLE 33.17
Authentic texts
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English,
Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese,
Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being
equally authentic.
IN WITNESS WHEREOF, the undersigned, duly authorised to this effect, have signed this
Agreement.
Done at …, this… day of … in the year
For the European Union
For the Republic of Chile
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Annexes
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EUROPEAN
COMMISSION
Brussels, 5.7.2023
COM(2023) 434 final
ANNEX 2 – PART 1/2
ANNEX
to the
Proposal for a Council Decision
on the signing, on behalf of the European Union, of the Interim Agreement on Trade
between the European Union and the Republic of Chile
EN EN
ANNEX 2
TARIFF ELIMINATION SCHEDULES
SECTION A
GENERAL PROVISIONS
1. For the purposes of this Annex, "year 0" means the period beginning on the date of entry into
force of this Agreement and ending on 31 December of the same calendar year. "Year 1" will begin
on 1 January following the date of entry into force of this Agreement, with each subsequent tariff
reduction taking effect on 1 January of each subsequent year.
2. For the purposes of this Annex, the Agreement establishing an association between the
European Community and its Member States, of the one part, and the Republic of Chile, of the
other part, signed on 18 November 2002 in Brussels, as last modified by the Third Additional
protocol to that Agreement, signed on 29 June 2017 in Brussels, is referred to as "the 2002
Association Agreement".
& /en 1
3. Originating goods not listed in a Party's Schedule to this Annex will continue to receive
duty-free treatment upon importation to that Party as agreed under the 2002 Association Agreement.
For goods originating in Chile imported into the European Union, this concerns goods classified in
Chapters 05, 06, 09, 14, 25 to 28, 30 to 32, 34, 36, 37 and 39 to 97, or headings 2901 to 2904, 2906
to 2942, 3301, 3303 to 3307, 3501, 3503, 3504, 3506, 3507, 3801 to 3808, 3810 to 3823, 3825
and 3826 of the Harmonized System (as amended on 1 January 2017). For goods originating in the
European Union imported into Chile, this concerns goods classified in Chapters 01, 02, 05 to 09,
13, 14, 18, 20, 22 and 24 to 97 of the Harmonized System (as amended on 1 January 2017).
4. For originating goods of the other Party set out in each Party's schedule to this Annex, the
following staging categories apply to the elimination or reduction of customs duties pursuant to
Article 2.5:
(a) customs duties on originating goods provided for in the items in staging category "0" in the
tariff elimination schedule of a Party shall be duty-free as of the date of entry into force of this
Agreement;
(b) customs duties on originating goods provided for in the items in staging category "3" in the
tariff elimination schedule of a Party shall be eliminated in four equal annual stages beginning
on the date of entry into force of this Agreement, and such goods shall be duty-free
on 1 January of year 3;
& /en 2
(c) customs duties on originating goods provided for in the items in staging category "5" in the
tariff elimination schedule of a Party shall be eliminated in six equal annual stages beginning
on the date of entry into force of this Agreement, and such goods shall be duty-free
on 1 January of year 5;
(d) customs duties on originating goods provided for in the items in staging category "7" in the
tariff elimination schedule of a Party shall be eliminated in eight equal annual stages
beginning on the date of entry into force of this Agreement, and such goods shall be duty-free
on 1 January of year 7;
(e) customs duties on originating goods provided for in the items in staging category "7*" in the
tariff elimination schedule of Chile in Appendix 2-2 shall be eliminated in three equal annual
stages beginning on 1 January of year 5, and such goods shall be duty-free on 1 January of
year 7;
(f) the ad valorem component of the customs duties on originating goods provided for in the
items in staging category "0+EP" in the tariff elimination schedule of the European Union in
Appendix 2-1 shall be eliminated as of the date of entry into force of this Agreement. The
tariff elimination shall apply to the ad valorem duty only. The specific duty on originating
goods triggered in a situation where the import price falls below the entry price shall be
maintained;
& /en 3
(g) customs duties on originating goods provided for in relation to the items in staging
category "E" in the tariff elimination schedule of a Party are exempt from tariff elimination.
5. The base rate for determining the interim staged rate of customs duty for an item shall be the
most-favoured-nation customs duty rate applied on 1 January 2018 or the preferential duty as set
out in the 2002 Association Agreement, whichever is the lower.
6. For the purpose of the elimination of customs duties pursuant to Article 2.5, interim staged
duty rates shall be rounded down at least to the nearest tenth of a percentage point or, if the rate of
duty is expressed in monetary units, at least to the nearest 0,01 of the official monetary unit of the
Party.
7. Where items are marked with a "TRQ" notation in the tariff elimination schedule of a Party,
the staging category applies to imports of goods outside the tariff rate quota specified in Section B.
8. This Annex is based on the Harmonized System, as amended on 1 January 2017.
& /en 4
SECTION B
TARIFF RATE QUOTAS
For the administration in year 0 of the tariff rate quota (TRQ) established under this Annex, the
Parties shall calculate the volume of that TRQ by discounting the pro-rated volume corresponding
to the period from 1 January to the date of entry into force of this Agreement.1
A Party opening TRQs to the other Party as referred to in this Annex shall administer these TRQs in
a transparent, objective and non-discriminatory manner in accordance with its law. The Party
opening the TRQs shall make publicly available, in a timely and continuous manner, all relevant
information concerning quota administration, including the available volume and eligibility criteria.
Chile shall administer the TRQs set out in this Annex on a first-come-first-served basis.
The European Union shall administer the TRQs set out in this Annex on a first-come-first-served
basis or on the basis of a system of import or export licences operating in accordance with its law.
1 For greater certainty, the volume available for year 0 shall be calculated by multiplying the
conceded volume corresponding to year 0 (as set out in this Annex) by a fraction, the
numerator of which shall be the remaining number of days of year 0, and the denominator of
which shall be the total number of days of the calendar year on which year 0 falls (365 or 366,
as appropriate).
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SUBSECTION 1
TARIFF RATE QUOTAS OF CHILE
1. Cheese TRQ
(a) Originating goods in the following aggregate annual quantities and provided for in items with
the notation "TRQ-Cheese" in the tariff elimination schedule of Chile in Appendix 2-2 and
listed in subparagraph (c) of this paragraph shall be duty-free as from the date of entry into
force of this Agreement.1
Year Aggregate annual quantity (metric tons)
0 2 850
1 2 925
2 3 000
3 3 075
4 3 150
5 3 225
6 3 300
(b) If this Agreement enters into force in 2024 or later, the aggregate annual quantities set out in
subparagraph (a) shall be increased by 75 metric tons for each full calendar year elapsing
between 1 January 2021 and 1 January of the year in which this Agreement enters into force.2
1 This TRQ shall replace the TRQ of 1 500 metric tons (initial volume) set out in Section 1,
paragraph 1 of Annex II to the 2002 Association Agreement.
2 For greater certainty, this provision is intended to reflect the annual volume increase set out in
the 2002 Association Agreement, until the date of entry into force of this Agreement.
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(c) This paragraph applies to originating goods classified in the following tariff items:
0406 10 10, 0406 10 20, 0406 10 30, 0406 10 90, 0406 20 00, 0406 30 00, 0406 40 00,
0406 90 10, 0406 90 20, 0406 90 30, 0406 90 40 and 0406 90 90.
(d) This TRQ shall be phased out after customs duties have been eliminated in accordance with
the tariff elimination schedule of Chile in Appendix 2-2.
2. Fisheries products TRQ
(a) Originating goods provided for in items with the notation "TRQ-Fish" in the tariff elimination
schedule of Chile in Appendix 2-2 and listed in subparagraph (b) of this paragraph shall be
duty-free in the aggregate annual quantity of 5 000 metric tonnes tons (product weight) as
from the date of entry into force of this Agreement in years 0 to 2.1
(b) This paragraph applies to originating goods classified in the following tariff items:
0302 54 11, 0302 54 12, 0302 54 13, 0302 54 14, 0302 54 15, 0302 54 16, 0302 54 19
and 0302 59 19.
(c) This TRQ shall be phased out after customs duties have been eliminated in accordance with
the tariff elimination schedule of Chile in Appendix 2-2.
1 This TRQ shall replace the TRQ of 5 000 metric tons (initial volume) set out in Section 1,
subparagraph 3(b) of Annex II to the 2002 Association Agreement.
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SUBSECTION 2
TARIFF RATE QUOTAS OF THE EUROPEAN UNION
1. Bovine meat TRQ
(a) Originating goods provided for in items with the notation "TRQ-BF" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (c) of this
paragraph shall be duty-free in the aggregate annual quantity of 4 800 metric tons (product
weight) as from the date of entry into force of this Agreement.1
(b) If this Agreement enters into force in 2022 or later, the aggregate annual quantity set out in
subparagraph (a) shall be increased by 100 metric tons for each full calendar year elapsing
between 1 January 2021 and 1 January of the year in which this Agreement enters into force.2
(c) This paragraph applies to originating goods classified in the following tariff items:
0201 10 00, 0201 20 20, 0201 20 30, 0201 20 50, 0201 20 90, 0201 30 00, 0202 10 00,
0202 20 10, 0202 20 30, 0202 20 50, 0202 20 90, 0202 30 10, 0202 30 50, 0202 30 90,
0206 10 95, 0206 29 91, 0210 20 10, 0210 20 90, 0210 99 51, 1602 50 10 and 1602 90 61.
1 This TRQ shall replace the TRQ of 1 000 metric tons (initial volume) set out in Section 1,
subsection 1(a) of Annex I to the 2002 Association Agreement. On the date of entry into force
of this Agreement, the annual increase of 10 % of the initial quantity set out in Section 1,
subparagraph 1 of Annex I to the 2002 Association Agreement shall be eliminated.
2 For greater certainty, this provision is intended to reflect the annual volume increase set out in
the 2002 Association Agreement, until the date of entry into force of this Agreement.
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2. Pig meat TRQ
(a) Originating goods provided for in items with the notation "TRQ-PK" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (c) of this
paragraph shall be duty-free in the aggregate annual quantity of 19 800 metric tons (product
weight) as from the date of entry into force of this Agreement.1
(b) If this Agreement enters into force in 2022 or later, the aggregate annual quantity set out in
subparagraph (a) shall be increased by 350 metric tons for each full calendar year elapsing
between 1 January 2021 and 1 January of the year in which this Agreement enters into force.2
(c) This paragraph applies to originating goods classified in the following tariff items:
0203 11 10, 0203 12 11, 0203 12 19, 0203 19 11, 0203 19 13, 0203 19 15, 0203 19 55,
0203 19 59, 0203 21 10, 0203 22 11, 0203 22 19, 0203 29 11, 0203 29 13, 0203 29 15,
0203 29 55, 0203 29 59, 1601 00 91, 1601 00 99, 1602 41 10, 1602 42 10, 1602 49 11,
1602 49 13, 1602 49 15, 1602 49 19, 1602 49 30, 1602 49 50 and 1602 90 51.
1 This TRQ shall replace the TRQ of 3 500 metric tons (initial volume) and 1 000 metric tons
added following accession of Croatia to the European Union) set out in Section 1,
subparagraphs 1(b) and (e) of Annex I to the 2002 Association Agreement, respectively. On
the date of entry into force of this Agreement, the annual increase of 10 % of the initial
quantity set out in Section 1, paragraph 1 of Annex I to the 2002 Association Agreement shall
be eliminated.
2 For greater certainty, this provision is intended to reflect the annual volume increase set out in
the 2002 Association Agreement, until the date of entry into force of this Agreement.
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3. Sheep meat TRQ
(a) Originating goods provided for in items with the notation "TRQ-SP" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (c) of this
paragraph shall be duty-free in the aggregate annual quantity of 9 600 metric tons (product
weight) as from the date of entry into force of this Agreement.1
(b) If this Agreement enters into force in 2022 or later, the aggregate annual quantity set out in
subparagraph (a) shall be increased by 200 metric tons for each full calendar year elapsing
between 1 January 2021 and 1 January of the year this Agreement enters into force.2
(c) This paragraph applies to originating goods classified in tariff heading 0204.
4. Poultry meat TRQ
(a) Originating goods in the following aggregate annual quantities and provided for in items with
the notation "TRQ-PY" in the tariff elimination schedule of the European Union in
Appendix 2-1 and listed in subparagraph (c) of this paragraph shall be duty-free as from the
date of entry into force of this Agreement.3
1 This TRQ shall replace the TRQ of 2 000 metric tons (initial volume) set out in Section 1,
subparagraph 1(c) of Annex I to the 2002 Association Agreement. On the date of entry into
force of this Agreement, the annual increase of 10 % of the initial quantity set out in
Section 1, paragraph 1 of Annex I to the 2002 Association Agreement shall be eliminated.
2 For greater certainty, this provision is intended to reflect the annual volume increase set out in
the 2002 Association Agreement, until the date of the entry into force of this Agreement.
3 This TRQ shall replace the TRQ of 7 250 metric tons (initial volume) set out in Section 1,
subparagraph 1(d) of Annex I to the 2002 Association Agreement. On the date of entry into
force of this Agreement, the annual increase of 10 % of the initial quantity set out in
Section 1, paragraph 1 of Annex I to the 2002 Association Agreement shall be eliminated.
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Year Aggregate annual quantity
(metric tons, product weight)
0 to 2 29 300
3 and each subsequent year 38 300
(b) If this Agreement enters into force in 2022 or later, the aggregate annual quantities set out in
subparagraph (a) shall be increased by 725 metric tons for each full calendar year elapsing
between 1 January 2021 and 1 January of the year in which this Agreement enters into force.1
(c) This paragraph applies to originating goods classified in the following tariff items:
0207 11 10, 0207 11 30, 0207 11 90, 0207 12 10, 0207 12 90, 0207 13 10, 0207 13 20,
0207 13 30, 0207 13 40, 0207 13 50, 0207 13 60, 0207 13 70, 0207 13 99, 0207 14 10,
0207 14 20, 0207 14 30, 0207 14 40, 0207 14 50, 0207 14 60, 0207 14 70, 0207 14 99,
0207 24 10, 0207 24 90, 0207 25 10, 0207 25 90, 0207 26 10, 0207 26 20, 0207 26 30,
0207 26 40, 0207 26 50, 0207 26 60, 0207 26 70, 0207 26 80, 0207 26 99, 0207 27 10,
0207 27 20, 0207 27 30, 0207 27 40, 0207 27 50, 0207 27 60, 0207 27 70, 0207 27 80,
0207 27 99, 0207 41 20, 0207 41 30, 0207 41 80, 0207 42 30, 0207 42 80, 0207 44 10,
0207 44 21, 0207 44 31, 0207 44 41, 0207 44 51, 0207 44 61, 0207 44 71, 0207 44 81,
0207 44 99, 0207 45 10, 0207 45 21, 0207 45 31, 0207 45 41, 0207 45 51, 0207 45 61,
0207 45 71, 0207 45 81, 0207 45 99, 0207 51 10, 0207 51 90, 0207 52 10, 0207 52 90,
0207 54 10, 0207 54 21, 0207 54 31, 0207 54 41, 0207 54 51, 0207 54 61, 0207 54 71,
0207 54 81, 0207 54 99, 0207 55 10, 0207 55 21, 0207 55 31, 0207 55 41, 0207 55 51,
0207 55 61, 0207 55 71, 0207 55 81, 0207 55 99, 0207 60 05, 0207 60 10, 0207 60 21,
0207 60 31, 0207 60 41, 0207 60 51, 0207 60 61, 0207 60 81, 0207 60 99, 1602 32 11
and 1602 39 21.
1 For greater certainty, this provision is intended to reflect the annual volume increase set out in
the 2002 Association Agreement, until the date of entry into force of this Agreement.
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5. Fish TRQ
(a) Originating goods provided for in items with the notation "TRQ-Fish" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (b) of this
paragraph shall be duty-free in the aggregate annual quantity of 250 metric tons as from the
date of entry into force of this Agreement.1
(b) This paragraph applies to originating goods classified in the following tariff items:
1604 14 21, 1604 14 26, 1604 14 28, 1604 14 31, 1604 14 36, 1604 14 38, 1604 14 41,
1604 14 46, 1604 14 48, 1604 19 31, 1604 19 39 and 1604 20 70.
6. Eggs and egg products TRQ
(a) Originating goods provided for in items with the notation "TRQ-EG" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (b) of this
paragraph shall be duty-free in the aggregate annual quantity of 500 metric tons (shell egg
equivalent) as from the date of entry into force of this Agreement.
(b) This paragraph applies to originating goods classified in the following tariff items:
0407 11 00, 0407 19 11, 0407 19 19, 0407 21 00, 0407 29 10, 0407 90 10, 0408 11 80,
0408 19 81, 0408 19 89, 0408 91 80, 0408 99 80, 3502 11 90 and 3502 19 90.
1 This TRQ shall replace the TRQ of 150 metric tons set out in Section 1, paragraph 5 of
Annex I to the 2002 Association Agreement.
& /en 12
7. Garlic TRQ
(a) Originating goods provided for in items with the notation "TRQ-GC" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (b) of this
paragraph shall be duty-free in the aggregate annual quantity of 2 000 metric tons as from the
date of entry into force of this Agreement.1
(b) This paragraph applies to originating goods classified in tariff item 0703 20 00.
8. Starch and starch derivatives TRQ
(a) Originating goods provided for in items with the notation "TRQ-SH" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph(b) of this
paragraph shall be duty-free in the aggregate annual quantity of 300 metric tons as from the
date of entry into force of this Agreement.
(b) This paragraph applies to originating goods classified in the following tariff items:
1108 11 00, 1108 12 00, 1108 13 00, 1108 14 00, 1108 19 10, 1108 19 90, 1109 00 00,
2905 43 00, 2905 44 11, 2905 44 19, 2905 44 91, 2905 44 99, 3505 10 10, 3505 10 90,
3824 60 11, 3824 60 19, 3824 60 91 and 3824 60 99.
1 This TRQ shall replace the TRQ of 500 metric tons (initial volume) and 30 metric tons (initial
volume, added following the accession of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the
Slovak Republic to the European Union) set out in Section 1, subparagraph 2(b) of Annex I to
the 2002 Association Agreement. On the date of entry into force of this Agreement, the
annual increase of 5 % of the initial quantity set out in paragraph 2 of Annex I to the 2002
Association Agreement shall be eliminated.
& /en 13
9. Olive oil TRQ
(a) Originating goods provided for in items with the notation "TRQ-OL" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (b) of this
paragraph shall be duty-free in the aggregate annual quantity of 11 000 metric tons as from
the date of entry into force of this Agreement.
(b) This paragraph applies to originating goods classified in the following tariff items:
1509 10 10, 1509 10 20, 1509 10 80, 1509 90 00, 1510 00 10 and 1510 00 90.
10. High sugar content products TRQ
(a) Originating goods provided for in items with the notation "TRQ-SR" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (b) of this
paragraph shall be duty-free in the aggregate annual quantity of 1 000 metric tons as from the
date of entry into force of this Agreement.
(b) This paragraph applies to originating goods classified in the following tariff items:
1702 30 10, 1702 30 50, 1702 30 90, 1702 40 10, 1702 40 90, 1702 50 00, 1702 60 10,
1702 60 80, 1702 60 95, 1702 90 30, 1704 90 99, 1806 10 30, 1806 10 90, 1806 20 95,
1901 90 95, 1901 90 99, 2006 00 31, 2006 00 38, 2007 91 10, 2101 12 98, 2101 20 98,
ex 2106 90 98 and 3302 10 29.
In years 0 to 6, this paragraph shall apply also to originating goods classified in the following
tariff items: 1702 90 50, 1702 90 71, 1702 90 75, 1702 90 79, 1702 90 80, 1702 90 95,
2106 90 30, 2106 90 55 and 2106 90 59.
& /en 14
11. Processed cereals TRQ
(a) Originating goods in the following aggregate annual quantities and provided for in items with
the notation "TRQ-PC" in the tariff elimination schedule of the European Union in
Appendix 2-1 and listed in subparagraph (c) of this paragraph shall be duty-free as from the
date of entry into force of this Agreement.1
Year Aggregate annual quantity (metric tons)
0 1 900
1 1 950
2 2 000
(b) If this Agreement enters into force in 2022 or later, the aggregate annual quantity set out in
subparagraph (a) shall be increased by 50 metric tons for each full calendar year lapsed
between 1 January 2021 and 1 January of the year in which this Agreement enters into force.2
(c) This paragraph applies to originating goods classified in tariff heading 1104.
(d) This TRQ shall be phased out after customs duties have been eliminated in accordance with
the tariff elimination schedule of the European Union in Appendix 2-1.
1 This TRQ shall replace the TRQ of 1 000 metric tons (initial volume) set out in Section 1,
subparagraph 2(c) of Annex I to the 2002 Association Agreement.
2 For greater certainty, this provision is intended to reflect the annual volume increase set out in
the 2002 Association Agreement, until the date of entry into force of this Agreement.
& /en 15
12. Sugar confectionery TRQ
(a) Originating goods in the following aggregate annual quantities and provided for in items with
the notation "TRQ-SRa" in the tariff elimination schedule of the European Union in
Appendix 2-1 and listed in subparagraph (b) of this paragraph shall be duty-free as from the
date of entry into force of this Agreement.1
Year Aggregate annual quantity (metric tons)
0 to 2 400
(b) This paragraph applies to originating goods classified in the following tariff items:
1704 10 10, 1704 10 90, 1704 90 10, 1704 90 30, 1704 90 51, 1704 90 55, 1704 90 61,
1704 90 65, 1704 90 71, 1704 90 75 and 1704 90 81.
(c) This TRQ shall be phased out after customs duties have been eliminated in accordance with
the tariff elimination schedule of the European Union in Appendix 2-1.
13. Chocolate TRQ
(a) Originating goods in the following aggregate annual quantities and provided for in items with
the notation "TRQ-SRb" in the tariff elimination schedule of the European Union in
Appendix 2-1 and listed in subparagraph (b) of this paragraph shall be duty-free as from the
date of entry into force of this Agreement.2
1 This TRQ shall replace the TRQ of 400 metric tons set out in Section 1, subparagraph 3(a) of
Annex I to the 2002 Association Agreement.
2 This TRQ shall replace the TRQ of 400 metric tons set out in Section 1, subparagraph 3(b) of
Annex I to the 2002 Association Agreement.
& /en 16
Year Aggregate annual quantity (metric tons)
0 to 2 400
(b) This paragraph applies to originating goods classified in the following tariff items:
1806 20 10, 1806 20 30, 1806 20 50, 1806 20 70, 1806 20 80, 1806 31 00, 1806 32 10,
1806 32 90, 1806 90 11, 1806 90 19, 1806 90 31, 1806 90 39, 1806 90 50, 1806 90 60,
1806 90 70 and 1806 90 90.
(c) This TRQ shall be phased out after customs duties have been eliminated in accordance with
the tariff elimination schedule of the European Union in Appendix 2-1.
14. Sweet biscuits and waffles TRQ
(a) Originating goods in the following aggregate annual quantities and provided for in items with
the notation "TRQ-BS" in the tariff elimination schedule of the European Union and listed in
subparagraph (b) shall be duty-free as from the entry into force of this Agreement.1
Year Aggregate annual quantity (metric tons)
0 to 2 500
(b) This paragraph applies to originating goods classified in the following tariff items:
1905 31 11, 1905 31 19, 1905 31 30, 1905 31 91, 1905 31 99, 1905 32 05, 1905 32 11,
1905 32 19, 1905 32 91, 1905 32 99 and 1905 90 45.
1 This TRQ shall replace the TRQ of 500 metric tons set out in Section 1, subparagraph 3(c) of
Annex I to the 2002 Association Agreement.
& /en 17
(c) This TRQ shall be phased out after customs duties have been eliminated in accordance with
the tariff elimination schedule of the European Union in Appendix 2-1.
15. Prepared mushrooms TRQ
(a) Originating goods in the following aggregate annual quantities and provided for in items with
the notation "TRQ-MS" in the tariff elimination schedule of the European Union in
Appendix 2-1 and listed in subparagraph (c) of this paragraph shall be duty-free as from the
entry into force of this Agreement.1
Year Aggregate annual quantity (metric tons)
0 950
1 975
2 1 000
3 1 025
4 1 050
5 1 075
6 1 100
(b) If this Agreement enters into force in 2022 or later, the aggregate annual quantity set out in
subparagraph (a) shall be increased by 25 metric tons for each full calendar year elapsing
between 1 January 2021 and 1 January of the year in which this Agreement enters into force.2
1 This TRQ shall replace the TRQ of 500 metric tons (initial volume) set out in Section 1,
subparagraph 2(d) of Annex I to the 2002 Association Agreement.
2 For greater certainty, this provision is intended to reflect the annual volume increase set out in
the 2002 Association Agreement, until the date of entry into force of this Agreement.
& /en 18
(c) This paragraph applies to originating goods classified in tariff items 2003 10 20
and 2003 10 30.
(d) This TRQ shall be phased out after customs duties have been eliminated in accordance with
the tariff elimination schedule of the European Union in Appendix 2-1.
16. Sweet corn TRQ
(a) Originating goods provided for in items with the notation "TRQ-SC" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (b) of this
paragraph shall be duty-free in the aggregate annual quantity of 800 metric tons as from the
date of entry into force of this Agreement.
(b) This paragraph applies to originating goods classified in the following tariff items:
2001 90 30, 2004 90 10 and 2005 80 00.
17. Apple juice TRQ
(a) Originating goods provided for in items with the notation "TRQ-AJ" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (b) of this
paragraph shall be duty-free in the aggregate annual quantity of 2 000 metric tons as from the
date of entry into force of this Agreement.
& /en 19
(b) This paragraph applies to originating goods classified in the following tariff items: 2009 79 11
and 2009 79 91.
18. Fruit preparations TRQ
(a) Originating goods provided for in items with the notation "TRQ-FP" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (b) of this
paragraph shall be duty-free in the aggregate annual quantity of 10 000 metric tons as from
the date of entry into force of this Agreement.
(b) This paragraph applies to originating goods classified in the following tariff items:
2007 10 10, 2007 91 30, 2007 99 20, ex 2007 99 31, ex 2007 99 33, ex 2007 99 39,
2008 30 19 and 2008 40 19.
19. Ethanol TRQ
(a) Originating goods provided for in items with the notation "TRQ-EL" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (b) of this
paragraph shall be duty-free in the aggregate annual quantity of 2 000 metric tons as from the
date of entry into force of this Agreement.
(b) This paragraph applies to originating goods classified in the following tariff items: 2207 10 00
and 2207 20 00.
& /en 20
20. Rum TRQ
(a) Originating goods provided for in items with the notation "TRQ-RM" in the tariff elimination
schedule of the European Union in Appendix 2-1 and listed in subparagraph (b) of this
paragraph shall be duty-free in the aggregate annual quantity of 500 hectolitres (equivalent
pure alcohol) as from the date of entry into force of this Agreement.
(b) This paragraph applies to originating goods classified in the following tariff items:
2208 40 11, 2208 40 39, 2208 40 51 and 2208 40 99.
21. With respect to the TRQ set out in paragraph 6, the following conversion factors shall be used
to convert product weight into shell egg equivalent:
Conversion
Tariff line Tariff line description (for illustrative purposes only)
factor
0407 11 00 Fertilised eggs for incubation, of domestic fowls 100 %
0407 19 11 Fertilised eggs for incubation, of domestic turkeys or domestic geese 100 %
0407 19 19 Fertilised poultry eggs for incubation (excl. of turkeys, geese and 100 %
fowls)
0407 21 00 Fresh eggs of domestic fowls, in shell (excl. fertilised for 100 %
incubation)
0407 29 10 Fresh poultry eggs, in shell (excl. of fowls, and fertilised for 100 %
incubation)
0407 90 10 Poultry eggs, in shell, preserved or cooked 100 %
0408 11 80 Egg yolks, dried, for human consumption, whether or not containing 246 %
added sugar or other sweetening matter
& /en 21
Conversion
Tariff line Tariff line description (for illustrative purposes only)
factor
0408 19 81 Egg yolks, liquid, suitable for human consumption, whether or not 116 %
containing added sugar or other sweetening matter
0408 19 89 Egg yolks (other than liquid), frozen or otherwise preserved, suitable 116 %
for human consumption, whether or not containing added sugar or
other sweetening matter (excl. dried)
0408 91 80 Dried birds' eggs, not in shell, whether or not containing added sugar 452 %
or other sweetening matter, suitable for human consumption (excl.
egg yolks)
0408 99 80 Birds' eggs, not in shell, fresh, cooked by steaming or by boiling in 116 %
water, moulded, frozen or otherwise preserved, whether or not
containing added sugar or other sweetening matter, suitable for
human consumption (excl. dried and egg yolks)
3502 11 90 Egg albumin, dried (e.g. in sheets, scales, flakes, powder), fit for 856 %
human consumption
3502 19 90 Egg albumin, fit for human consumption (excl. dried, e.g. in sheets, 116 %
flakes, crystals, powder)
& /en 22
Appendix 2-1
TARIFF SCHEDULE OF THE EUROPEAN UNION
Note 1: The scope of products in this list is determined by CN codes as set out in Commission
Implementing Regulation (EU) 2020/1577 of 21 September 2020 amending Annex I to
Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on
the Common Customs Tariff.1
Note 2: Goods originating in Chile imported into the European Union and classified in a tariff
item with an annotation referring to this Note will continue to receive duty free
treatment as agreed under the 2002 Association Agreement.
Note 3: The Entry Price System is set out in Annex 2 to the Combined nomenclature in Annex I
to Commission Implementing Regulation (EU) 2020/1577 of 21 September 2020
amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical
nomenclature and on the Common Customs Tariff.
1 OJ EU L 361, 30.10.2020, p. 1.
& /en 23
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0101 21 00 -- Pure-bred breeding animals 0 0 See Note 2
0101 29 10 --- For slaughter 0 0 See Note 2
0101 29 90 --- Other 0 0 See Note 2
0101 30 00 - Asses 0 0 See Note 2
0101 90 00 - Other 0 0 See Note 2
0102 21 10 --- Heifers (female bovines that have never calved) 0 0 See Note 2
0102 21 30 --- Cows 0 0 See Note 2
0102 21 90 --- Other 0 0 See Note 2
0102 29 05 --- Of the sub-genus Bibos or of the sub-genus Poephagus 0 0 See Note 2
0102 29 10 ---- Of a weight not exceeding 80 kg 10,2 + 93,1 EUR/100 kg 7
0102 29 21 ----- For slaughter 10,2 + 93,1 EUR/100 kg 7
0102 29 29 ----- Other 10,2 + 93,1 EUR/100 kg 7
0102 29 41 ----- For slaughter 10,2 + 93,1 EUR/100 kg 7
& /en 24
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0102 29 49 ----- Other 10,2 + 93,1 EUR/100 kg 7
0102 29 51 ------ For slaughter 10,2 + 93,1 EUR/100 kg 7
0102 29 59 ------ Other 10,2 + 93,1 EUR/100 kg 7
0102 29 61 ------ For slaughter 10,2 + 93,1 EUR/100 kg 7
0102 29 69 ------ Other 10,2 + 93,1 EUR/100 kg 7
0102 29 91 ------ For slaughter 10,2 + 93,1 EUR/100 kg 7
0102 29 99 ------ Other 10,2 + 93,1 EUR/100 kg 7
0102 31 00 -- Pure-bred breeding animals 0 0 See Note 2
0102 39 10 --- Domestic species 10,2 + 93,1 EUR/100 kg 7
0102 39 90 --- Other 0 0 See Note 2
0102 90 20 -- Pure-bred breeding animals 0 0 See Note 2
0102 90 91 --- Domestic species 10,2 + 93,1 EUR/100 kg 7
0102 90 99 --- Other 0 0 See Note 2
& /en 25
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0103 10 00 - Pure-bred breeding animals 0 0 See Note 2
0103 91 10 --- Domestic species 41,2 EUR/100 kg 7
0103 91 90 --- Other 0 0 See Note 2
0103 92 11 ---- Sows having farrowed at least once, of a weight of not less 35,1 EUR/100 kg 7
than 160 kg
0103 92 19 ---- Other 41,2 EUR/100 kg 7
0103 92 90 --- Other 0 0 See Note 2
0104 10 10 -- Pure-bred breeding animals 0 0 See Note 2
0104 10 30 --- Lambs (up to a year old) 80,5 EUR/100 kg 7
0104 10 80 --- Other 80,5 EUR/100 kg 7
0104 20 10 -- Pure-bred breeding animals 0 0 See Note 2
0104 20 90 -- Other 80,5 EUR/100 kg 7
0105 11 11 ---- Laying stocks 52 EUR/1 000 p/st 7
0105 11 19 ---- Other 52 EUR/1 000 p/st 7
& /en 26
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0105 11 91 ---- Laying stocks 52 EUR/1 000 p/st 7
0105 11 99 ---- Other 52 EUR/1 000 p/st 7
0105 12 00 -- Turkeys 152 EUR/1 000 p/st 7
0105 13 00 -- Ducks 52 EUR/1 000 p/st 7
0105 14 00 -- Geese 152 EUR/1 000 p/st 7
0105 15 00 -- Guinea fowls 52 EUR/1 000 p/st 7
0105 94 00 -- Fowls of the species Gallus domesticus 20,9 EUR/100 kg 7
0105 99 10 --- Ducks 32,3 EUR/100 kg 7
0105 99 20 --- Geese 31,6 EUR/100 kg 7
0105 99 30 --- Turkeys 23,8 EUR/100 kg 7
0105 99 50 --- Guinea fowls 34,5 EUR/100 kg 7
0106 11 00 -- Primates 0 0 See Note 2
& /en 27
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0106 12 00 -- Whales, dolphins and porpoises (mammals of the order 0 0 See Note 2
Cetacea); manatees and dugongs (mammals of the order Sirenia);
seals, sea lions and walruses (mammals of the suborder
Pinnipedia)
0106 13 00 -- Camels and other camelids (Camelidae) 0 0 See Note 2
0106 14 10 --- Domestic rabbits 0 0 See Note 2
0106 14 90 --- Other 0 0 See Note 2
0106 19 00 -- Other 0 0 See Note 2
0106 20 00 - Reptiles (including snakes and turtles) 0 0 See Note 2
0106 31 00 -- Birds of prey 0 0 See Note 2
0106 32 00 -- Psittaciformes (including parrots, parakeets, macaws and 0 0 See Note 2
cockatoos)
0106 33 00 -- Ostriches; emus (Dromaius novaehollandiae) 0 0 See Note 2
0106 39 10 --- Pigeons 0 0 See Note 2
0106 39 80 --- Other 0 0 See Note 2
& /en 28
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0106 41 00 -- Bees 0 0 See Note 2
0106 49 00 -- Other 0 0 See Note 2
0106 90 00 - Other 0 0 See Note 2
0201 10 00 - Carcases and half-carcases 12,8 + 176,8 EUR/100 kg E TRQ-BF
0201 20 20 -- "Compensated" quarters 12,8 + 176,8 EUR/100 kg E TRQ-BF
0201 20 30 -- Unseparated or separated forequarters 12,8 + 141,4 EUR/100 kg E TRQ-BF
0201 20 50 -- Unseparated or separated hindquarters 12,8 + 212,2 EUR/100 kg E TRQ-BF
0201 20 90 -- Other 12,8 + 265,2 EUR/100 kg E TRQ-BF
0201 30 00 - Boneless 12,8 + 303,4 EUR/100 kg E TRQ-BF
0202 10 00 - Carcases and half-carcases 12,8 + 176,8 EUR/100 kg E TRQ-BF
0202 20 10 -- "Compensated" quarters 12,8 + 176,8 EUR/100 kg E TRQ-BF
0202 20 30 -- Unseparated or separated forequarters 12,8 + 141,4 EUR/100 kg E TRQ-BF
0202 20 50 -- Unseparated or separated hindquarters 12,8 + 221,1 EUR/100 kg E TRQ-BF
0202 20 90 -- Other 12,8 + 265,3 EUR/100 kg E TRQ-BF
& /en 29
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0202 30 10 -- Forequarters, whole or cut into a maximum of five pieces, each 12,8 + 221,1 EUR/100 kg E TRQ-BF
quarter being in a single block; "compensated" quarters in two
blocks, one of which contains the forequarter, whole or cut into a
maximum of five pieces, and the other, the hindquarter,
excluding the tenderloin, in one piece
0202 30 50 -- Crop, chuck-and-blade and brisket cuts 12,8 + 221,1 EUR/100 kg E TRQ-BF
0202 30 90 -- Other 12,8 + 304,1 EUR/100 kg E TRQ-BF
0203 11 10 --- Of domestic swine 53,6 EUR/100 kg E TRQ-PK
0203 11 90 --- Other 0 0 See Note 2
0203 12 11 ---- Hams and cuts thereof 77,8 EUR/100 kg E TRQ-PK
0203 12 19 ---- Shoulders and cuts thereof 60,1 EUR/100 kg E TRQ-PK
0203 12 90 --- Other 0 0 See Note 2
0203 19 11 ---- Fore-ends and cuts thereof 60,1 EUR/100 kg E TRQ-PK
0203 19 13 ---- Loins and cuts thereof, with bone in 86,9 EUR/100 kg E TRQ-PK
0203 19 15 ---- Bellies (streaky) and cuts thereof 46,7 EUR/100 kg E TRQ-PK
& /en 30
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0203 19 55 ----- Boneless 86,9 EUR/100 kg E TRQ-PK
0203 19 59 ----- Other 86,9 EUR/100 kg E TRQ-PK
0203 19 90 --- Other 0 0 See Note 2
0203 21 10 --- Of domestic swine 53,6 EUR/100 kg E TRQ-PK
0203 21 90 --- Other 0 0 See Note 2
0203 22 11 ---- Hams and cuts thereof 77,8 EUR/100 kg E TRQ-PK
0203 22 19 ---- Shoulders and cuts thereof 60,1 EUR/100 kg E TRQ-PK
0203 22 90 --- Other 0 0 See Note 2
0203 29 11 ---- Fore-ends and cuts thereof 60,1 EUR/100 kg E TRQ-PK
0203 29 13 ---- Loins and cuts thereof, with bone in 86,9 EUR/100 kg E TRQ-PK
0203 29 15 ---- Bellies (streaky) and cuts thereof 46,7 EUR/100 kg E TRQ-PK
0203 29 55 ----- Boneless 86,9 EUR/100 kg E TRQ-PK
0203 29 59 ----- Other 86,9 EUR/100 kg E TRQ-PK
0203 29 90 --- Other 0 0 See Note 2
& /en 31
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0204 10 00 - Carcases and half-carcases of lamb, fresh or chilled 12,8 + 171,3 EUR/100 kg E TRQ-SP
0204 21 00 -- Carcases and half-carcases 12,8 + 171,3 EUR/100 kg E TRQ-SP
0204 22 10 --- Short forequarters 12,8 + 119,9 EUR/100 kg E TRQ-SP
0204 22 30 --- Chines and/or best ends 12,8 + 188,5 EUR/100 kg E TRQ-SP
0204 22 50 --- Legs 12,8 + 222,7 EUR/100 kg E TRQ-SP
0204 22 90 --- Other 12,8 + 222,7 EUR/100 kg E TRQ-SP
0204 23 00 -- Boneless 12,8 + 311,8 EUR/100 kg E TRQ-SP
0204 30 00 - Carcases and half-carcases of lamb, frozen 12,8 + 128,8 EUR/100 kg E TRQ-SP
0204 41 00 -- Carcases and half-carcases 12,8 + 128,8 EUR/100 kg E TRQ-SP
0204 42 10 --- Short forequarters 12,8 + 90,2 EUR/100 kg E TRQ-SP
0204 42 30 --- Chines and/or best ends 12,8 + 141,7 EUR/100 kg E TRQ-SP
0204 42 50 --- Legs 12,8 + 167,5 EUR/100 kg E TRQ-SP
0204 42 90 --- Other 12,8 + 167,5 EUR/100 kg E TRQ-SP
& /en 32
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0204 43 10 --- Of lamb 12,8 + 234,5 EUR/100 kg E TRQ-SP
0204 43 90 --- Other 12,8 + 234,5 EUR/100 kg E TRQ-SP
0204 50 11 --- Carcases and half-carcases 12,8 + 171,3 EUR/100 kg E TRQ-SP
0204 50 13 --- Short forequarters 12,8 + 119,9 EUR/100 kg E TRQ-SP
0204 50 15 --- Chines and/or best ends 12,8 + 188,5 EUR/100 kg E TRQ-SP
0204 50 19 --- Legs 12,8 + 222,7 EUR/100 kg E TRQ-SP
0204 50 31 ---- Cuts with bone in 12,8 + 222,7 EUR/100 kg E TRQ-SP
0204 50 39 ---- Boneless cuts 12,8 + 311,8 EUR/100 kg E TRQ-SP
0204 50 51 --- Carcases and half-carcases 12,8 + 128,8 EUR/100 kg E TRQ-SP
0204 50 53 --- Short forequarters 12,8 + 90,2 EUR/100 kg E TRQ-SP
0204 50 55 --- Chines and/or best ends 12,8 + 141,7 EUR/100 kg E TRQ-SP
0204 50 59 --- Legs 12,8 + 167,5 EUR/100 kg E TRQ-SP
0204 50 71 ---- Cuts with bone in 12,8 + 167,5 EUR/100 kg E TRQ-SP
0204 50 79 ---- Boneless cuts 12,8 + 234,5 EUR/100 kg E TRQ-SP
& /en 33
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0205 00 20 - Fresh or chilled 0 0 See Note 2
0205 00 80 - Frozen 0 0 See Note 2
0206 10 10 -- For the manufacture of pharmaceutical products 0 0 See Note 2
0206 10 95 --- Thick skirt and thin skirt 12,8 + 303,4 EUR/100 kg E TRQ-BF
0206 10 98 --- Other 0 0 See Note 2
0206 21 00 -- Tongues 0 0 See Note 2
0206 22 00 -- Livers 0 0 See Note 2
0206 29 10 --- For the manufacture of pharmaceutical products 0 0 See Note 2
0206 29 91 ---- Thick skirt and thin skirt 12,8 + 304,1 EUR/100 kg E TRQ-BF
0206 29 99 ---- Other 0 0 See Note 2
0206 30 00 - Of swine, fresh or chilled 0 0 See Note 2
0206 41 00 -- Livers 0 0 See Note 2
0206 49 00 -- Other 0 0 See Note 2
& /en 34
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0206 80 10 -- For the manufacture of pharmaceutical products 0 0 See Note 2
0206 80 91 --- Of horses, asses, mules and hinnies 0 0 See Note 2
0206 80 99 --- Of sheep and goats 0 0 See Note 2
0206 90 10 -- For the manufacture of pharmaceutical products 0 0 See Note 2
0206 90 91 --- Of horses, asses, mules and hinnies 0 0 See Note 2
0206 90 99 --- Of sheep and goats 0 0 See Note 2
0207 11 10 --- Plucked and gutted, with heads and feet, known as 26,2 EUR/100 kg E TRQ-PY
"83 % chickens"
0207 11 30 --- Plucked and drawn, without heads and feet but with necks, 29,9 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "70 % chickens"
0207 11 90 --- Plucked and drawn, without heads and feet and without necks, 32,5 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "65 % chickens", or
otherwise presented
0207 12 10 --- Plucked and drawn, without heads and feet but with necks, 29,9 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "70 % chickens"
& /en 35
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0207 12 90 --- Plucked and drawn, without heads and feet and without necks, 32,5 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "65 % chickens", or
otherwise presented
0207 13 10 ---- Boneless 102,4 EUR/100 kg E TRQ-PY
0207 13 20 ----- Halves or quarters 35,8 EUR/100 kg E TRQ-PY
0207 13 30 ----- Whole wings, with or without tips 26,9 EUR/100 kg E TRQ-PY
0207 13 40 ----- Backs, necks, backs with necks attached, rumps and 18,7 EUR/100 kg E TRQ-PY
wing-tips
0207 13 50 ----- Breasts and cuts thereof 60,2 EUR/100 kg E TRQ-PY
0207 13 60 ----- Legs and cuts thereof 46,3 EUR/100 kg E TRQ-PY
0207 13 70 ----- Other 100,8 EUR/100 kg E TRQ-PY
0207 13 91 ---- Livers 0 0 See Note 2
0207 13 99 ---- Other 18,7 EUR/100 kg E TRQ-PY
0207 14 10 ---- Boneless 102,4 EUR/100 kg E TRQ-PY
0207 14 20 ----- Halves or quarters 35,8 EUR/100 kg E TRQ-PY
& /en 36
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0207 14 30 ----- Whole wings, with or without tips 26,9 EUR/100 kg E TRQ-PY
0207 14 40 ----- Backs, necks, backs with necks attached, rumps and 18,7 EUR/100 kg E TRQ-PY
wing-tips
0207 14 50 ----- Breasts and cuts thereof 60,2 EUR/100 kg E TRQ-PY
0207 14 60 ----- Legs and cuts thereof 46,3 EUR/100 kg E TRQ-PY
0207 14 70 ----- Other 100,8 EUR/100 kg E TRQ-PY
0207 14 91 ---- Livers 0 0 See Note 2
0207 14 99 ---- Other 18,7 EUR/100 kg E TRQ-PY
0207 24 10 --- Plucked and drawn, without heads and feet but with necks, 34 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "80 % turkeys"
0207 24 90 --- Plucked and drawn, without heads and feet and without necks, 37,3 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "73 % turkeys", or
otherwise presented
0207 25 10 --- Plucked and drawn, without heads and feet but with necks, 34 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "80 % turkeys"
& /en 37
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0207 25 90 --- Plucked and drawn, without heads and feet and without necks, 37,3 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "73 % turkeys", or
otherwise presented
0207 26 10 ---- Boneless 85,1 EUR/100 kg E TRQ-PY
0207 26 20 ----- Halves or quarters 41 EUR/100 kg E TRQ-PY
0207 26 30 ----- Whole wings, with or without tips 26,9 EUR/100 kg E TRQ-PY
0207 26 40 ----- Backs, necks, backs with necks attached, rumps and 18,7 EUR/100 kg E TRQ-PY
wing-tips
0207 26 50 ----- Breasts and cuts thereof 67,9 EUR/100 kg E TRQ-PY
0207 26 60 ------ Drumsticks and cuts of drumsticks 25,5 EUR/100 kg E TRQ-PY
0207 26 70 ------ Other 46 EUR/100 kg E TRQ-PY
0207 26 80 ----- Other 83 EUR/100 kg E TRQ-PY
0207 26 91 ---- Livers 0 0 See Note 2
0207 26 99 ---- Other 18,7 EUR/100 kg E TRQ-PY
0207 27 10 ---- Boneless 85,1 EUR/100 kg E TRQ-PY
& /en 38
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0207 27 20 ----- Halves or quarters 41 EUR/100 kg E TRQ-PY
0207 27 30 ----- Whole wings, with or without tips 26,9 EUR/100 kg E TRQ-PY
0207 27 40 ----- Backs, necks, backs with necks attached, rumps and 18,7 EUR/100 kg E TRQ-PY
wing-tips
0207 27 50 ----- Breasts and cuts thereof 67,9 EUR/100 kg E TRQ-PY
0207 27 60 ------ Drumsticks and cuts thereof 25,5 EUR/100 kg E TRQ-PY
0207 27 70 ------ Other 46 EUR/100 kg E TRQ-PY
0207 27 80 ----- Other 83 EUR/100 kg E TRQ-PY
0207 27 91 ---- Livers 0 0 See Note 2
0207 27 99 ---- Other 18,7 EUR/100 kg E TRQ-PY
0207 41 20 --- Plucked, bled, gutted but not drawn, with heads and feet, 38 EUR/100 kg E TRQ-PY
known as "85 % ducks"
0207 41 30 --- Plucked and drawn, without heads and feet but with necks, 46,2 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "70 % ducks"
& /en 39
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0207 41 80 --- Plucked and drawn, without heads and feet and without necks, 51,3 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "63 % ducks", or otherwise
presented
0207 42 30 --- Plucked and drawn, without heads and feet but with necks, 46,2 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "70 % ducks"
0207 42 80 --- Plucked and drawn, without heads and feet and without necks, 51,3 EUR/100 kg E TRQ-PY
hearts, livers and gizzards, known as "63 % ducks", or otherwise
presented
0207 43 00 -- Fatty livers, fresh or chilled 0 0 See Note 2
0207 44 10 ---- Boneless 128,3 EUR/100 kg E TRQ-PY
0207 44 21 ----- Halves or quarters 56,4 EUR/100 kg E TRQ-PY
0207 44 31 ----- Whole wings, with or without tips 26,9 EUR/100 kg E TRQ-PY
0207 44 41 ----- Backs, necks, backs with necks attached, rumps and 18,7 EUR/100 kg E TRQ-PY
wing-tips
0207 44 51 ----- Breasts and cuts thereof 115,5 EUR/100 kg E TRQ-PY
& /en 40
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0207 44 61 ----- Legs and cuts thereof 46,3 EUR/100 kg E TRQ-PY
0207 44 71 ----- Paletots 66 EUR/100 kg E TRQ-PY
0207 44 81 ----- Other 123,2 EUR/100 kg E TRQ-PY
0207 44 91 ---- Livers, other than fatty livers 0 0 See Note 2
0207 44 99 ---- Other 18,7 EUR/100 kg E TRQ-PY
0207 45 10 ---- Boneless 128,3 EUR/100 kg E TRQ-PY
0207 45 21 ----- Halves or quarters 56,4 EUR/100 kg E TRQ-PY
0207 45 31 ----- Whole wings, with or without tips 26,9 EUR/100 kg E TRQ-PY
0207 45 41 ----- Backs, necks, backs with necks attached, rumps and 18,7 EUR/100 kg E TRQ-PY
wing-tips
0207 45 51 ----- Breasts and cuts thereof 115,5 EUR/100 kg E TRQ-PY
0207 45 61 ----- Legs and cuts thereof 46,3 EUR/100 kg E TRQ-PY
0207 45 71 ----- Paletots 66 EUR/100 kg E TRQ-PY
0207 45 81 ----- Other 123,2 EUR/100 kg E TRQ-PY
& /en 41
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0207 45 93 ----- Fatty livers 0 0 See Note 2
0207 45 95 ----- Other 0 0 See Note 2
0207 45 99 ---- Other 18,7 EUR/100 kg E TRQ-PY
0207 51 10 --- Plucked, bled, not drawn, with heads and feet, known as 45,1 EUR/100 kg E TRQ-PY
"82 % geese"
0207 51 90 --- Plucked and drawn, without heads and feet, with or without 48,1 EUR/100 kg E TRQ-PY
hearts and gizzards, known as "75 % geese", or otherwise
presented
0207 52 10 --- Plucked, bled, not drawn, with heads and feet, known as 45,1 EUR/100 kg E TRQ-PY
"82 % geese"
0207 52 90 --- Plucked and drawn, without heads and feet, with or without 48,1 EUR/100 kg E TRQ-PY
hearts and gizzards, known as "75 % geese", or otherwise
presented
0207 53 00 -- Fatty livers, fresh or chilled 0 0 See Note 2
0207 54 10 ---- Boneless 110,5 EUR/100 kg E TRQ-PY
& /en 42
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0207 54 21 ----- Halves or quarters 52,9 EUR/100 kg E TRQ-PY
0207 54 31 ----- Whole wings, with or without tips 26,9 EUR/100 kg E TRQ-PY
0207 54 41 ----- Backs, necks, backs with necks attached, rumps and 18,7 EUR/100 kg E TRQ-PY
wing-tips
0207 54 51 ----- Breasts and cuts thereof 86,5 EUR/100 kg E TRQ-PY
0207 54 61 ----- Legs and cuts thereof 69,7 EUR/100 kg E TRQ-PY
0207 54 71 ----- Paletots 66 EUR/100 kg E TRQ-PY
0207 54 81 ----- Other 123,2 EUR/100 kg E TRQ-PY
0207 54 91 ---- Livers, other than fatty livers 0 0 See Note 2
0207 54 99 ---- Other 18,7 EUR/100 kg E TRQ-PY
0207 55 10 ---- Boneless 110,5 EUR/100 kg E TRQ-PY
0207 55 21 ----- Halves or quarters 52,9 EUR/100 kg E TRQ-PY
0207 55 31 ----- Whole wings, with or without tips 26,9 EUR/100 kg E TRQ-PY
& /en 43
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0207 55 41 ----- Backs, necks, backs with necks attached, rumps and 18,7 EUR/100 kg E TRQ-PY
wing-tips
0207 55 51 ----- Breasts and cuts thereof 86,5 EUR/100 kg E TRQ-PY
0207 55 61 ----- Legs and cuts thereof 69,7 EUR/100 kg E TRQ-PY
0207 55 71 ----- Paletots 66 EUR/100 kg E TRQ-PY
0207 55 81 ----- Other 123,2 EUR/100 kg E TRQ-PY
0207 55 93 ----- Fatty livers 0 0 See Note 2
0207 55 95 ----- Other 0 0 See Note 2
0207 55 99 ---- Other 18,7 EUR/100 kg E TRQ-PY
0207 60 05 -- Not cut in pieces, fresh, chilled or frozen 49,3 EUR/100 kg E TRQ-PY
0207 60 10 ---- Boneless 128,3 EUR/100 kg E TRQ-PY
0207 60 21 ----- Halves or quarters 54,2 EUR/100 kg E TRQ-PY
0207 60 31 ----- Whole wings, with or without tips 26,9 EUR/100 kg E TRQ-PY
& /en 44
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0207 60 41 ----- Backs, necks, backs with necks attached, rumps and 18,7 EUR/100 kg E TRQ-PY
wing-tips
0207 60 51 ----- Breasts and cuts thereof 115,5 EUR/100 kg E TRQ-PY
0207 60 61 ----- Legs and cuts thereof 46,3 EUR/100 kg E TRQ-PY
0207 60 81 ----- Other 123,2 EUR/100 kg E TRQ-PY
0207 60 91 ---- Livers 0 0 See Note 2
0207 60 99 ---- Other 18,7 EUR/100 kg E TRQ-PY
0208 10 10 -- Of domestic rabbits 0 0 See Note 2
0208 10 90 -- Other 0 0 See Note 2
0208 30 00 - Of primates 0 0 See Note 2
0208 40 10 -- Whale meat 0 0 See Note 2
0208 40 20 -- Seal meat 0 0 See Note 2
0208 40 80 -- Other 0 0 See Note 2
0208 50 00 - Of reptiles (including snakes and turtles) 0 0 See Note 2
& /en 45
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0208 60 00 - Of camels and other camelids (Camelidae) 0 0 See Note 2
0208 90 10 -- Of domestic pigeons 0 0 See Note 2
0208 90 30 -- Of game, other than of rabbits or hares 0 0 See Note 2
0208 90 60 -- Of reindeer 0 0 See Note 2
0208 90 70 -- Frogs' legs 0 0 See Note 2
0208 90 98 -- Other 0 0 See Note 2
0209 10 11 --- Fresh, chilled, frozen, salted or in brine 21,4 EUR/100 kg 7
0209 10 19 --- Dried or smoked 23,6 EUR/100 kg 7
0209 10 90 -- Pig fat, other than that of subheading 0209 10 11 12,9 EUR/100 kg 7
or 0209 10 19
0209 90 00 - Other 41,5 EUR/100 kg 7
0210 11 11 ----- Hams and cuts thereof 77,8 EUR/100 kg 7
0210 11 19 ----- Shoulders and cuts thereof 60,1 EUR/100 kg 7
0210 11 31 ----- Hams and cuts thereof 151,2 EUR/100 kg 7
& /en 46
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0210 11 39 ----- Shoulders and cuts thereof 119 EUR/100 kg 7
0210 11 90 --- Other 0 0 See Note 2
0210 12 11 ---- Salted or in brine 46,7 EUR/100 kg 7
0210 12 19 ---- Dried or smoked 77,8 EUR/100 kg 7
0210 12 90 --- Other 0 0 See Note 2
0210 19 10 ----- Bacon sides or spencers 68,7 EUR/100 kg 7
0210 19 20 ----- Three-quarter sides or middles 75,1 EUR/100 kg 7
0210 19 30 ----- Fore-ends and cuts thereof 60,1 EUR/100 kg 7
0210 19 40 ----- Loins and cuts thereof 86,9 EUR/100 kg 7
0210 19 50 ----- Other 86,9 EUR/100 kg 7
0210 19 60 ----- Fore-ends and cuts thereof 119 EUR/100 kg 7
0210 19 70 ----- Loins and cuts thereof 149,6 EUR/100 kg 7
0210 19 81 ------ Boneless 151,2 EUR/100 kg 7
& /en 47
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0210 19 89 ------ Other 151,2 EUR/100 kg 7
0210 19 90 --- Other 0 0 See Note 2
0210 20 10 -- With bone in 15,4 + 265,2 EUR/100 kg E TRQ-BF
0210 20 90 -- Boneless 15,4 + 303,4 EUR/100 kg E TRQ-BF
0210 91 00 -- Of primates 0 0 See Note 2
0210 92 10 --- Of whales, dolphins and porpoises (mammals of the order 0 0 See Note 2
Cetacea); of manatees and dugongs (mammals of the order
Sirenia)
0210 92 91 ---- Meat 0 0 See Note 2
0210 92 92 ---- Offal 0 0 See Note 2
0210 92 99 ---- Edible flours and meals of meat or meat offal 15,4 + 303,4 EUR/100 kg 7
0210 93 00 -- Of reptiles (including snakes and turtles) 0 0 See Note 2
0210 99 10 ---- Of horses, salted, in brine or dried 0 0 See Note 2
0210 99 21 ----- With bone in 222,7 EUR/100 kg 7
& /en 48
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0210 99 29 ----- Boneless 311,8 EUR/100 kg 7
0210 99 31 ---- Of reindeer 0 0 See Note 2
0210 99 39 ---- Other 0 0 See Note 2
0210 99 41 ----- Livers 64,9 EUR/100 kg 7
0210 99 49 ----- Other 47,2 EUR/100 kg 7
0210 99 51 ----- Thick skirt and thin skirt 15,4 + 303,4 EUR/100 kg E TRQ-BF
0210 99 59 ----- Other 0 0 See Note 2
0210 99 71 ------ Fatty livers of geese or ducks, salted or in brine 0 0 See Note 2
0210 99 79 ------ Other 0 0 See Note 2
0210 99 85 ----- Other 0 0 See Note 2
0210 99 90 --- Edible flours and meals of meat or meat offal 15,4 + 303,4 EUR/100 kg 7
0301 11 00 -- Freshwater fish 0 0 See Note 2
0301 19 00 -- Other 0 0 See Note 2
& /en 49
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0301 91 10 --- Of the species Oncorhynchus apache or Oncorhynchus 0 0 See Note 2
chrysogaster
0301 91 90 --- Other 0 0 See Note 2
0301 92 10 --- Of a length of less than 12 cm 0 0 See Note 2
0301 92 30 --- Of a length of 12 cm or more but less than 20 cm 0 0 See Note 2
0301 92 90 --- Of a length of 20 cm or more 0 0 See Note 2
0301 93 00 -- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon 0 0 See Note 2
idellus, Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus
hasselti, Leptobarbus hoeveni, Megalobrama spp.)
0301 94 10 --- Atlantic bluefin tuna (Thunnus thynnus) 0 0 See Note 2
0301 94 90 --- Pacific bluefin tuna (Thunnus orientalis) 0 0 See Note 2
0301 95 00 -- Southern bluefin tuna (Thunnus maccoyii) 0 0 See Note 2
& /en 50
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0301 99 11 ---- Pacific salmon (Oncorhynchus nerka, Oncorhynchus 0 0 See Note 2
gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha,
Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus
rhodurus), Atlantic salmon (Salmo salar) and Danube salmon
(Hucho hucho)
0301 99 17 ---- Other 0 0 See Note 2
0301 99 85 --- Other 0 0 See Note 2
0302 11 10 --- Of the species Oncorhynchus apache or Oncorhynchus 0 0 See Note 2
chrysogaster
0302 11 20 --- Of the species Oncorhynchus mykiss, with heads and gills on, 0 0 See Note 2
gutted, weighing more than 1,2 kg each, or with heads off, gilled
and gutted, weighing more than 1 kg each
0302 11 80 --- Other 0 0 See Note 2
0302 13 00 -- Pacific salmon (Oncorhynchus nerka, Oncorhynchus 0 0 See Note 2
gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha,
Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus
rhodurus)
& /en 51
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0302 14 00 -- Atlantic salmon (Salmo salar) and Danube salmon (Hucho 0 0 See Note 2
hucho)
0302 19 00 -- Other 0 0 See Note 2
0302 21 10 --- Lesser or Greenland halibut (Reinhardtius hippoglossoides) 0 0 See Note 2
0302 21 30 --- Atlantic halibut (Hippoglossus hippoglossus) 0 0 See Note 2
0302 21 90 --- Pacific halibut (Hippoglossus stenolepis) 0 0 See Note 2
0302 22 00 -- Plaice (Pleuronectes platessa) 0 0 See Note 2
0302 23 00 -- Sole (Solea spp.) 0 0 See Note 2
0302 24 00 -- Turbots (Psetta maxima) 0 0 See Note 2
0302 29 10 --- Megrim (Lepidorhombus spp.) 0 0 See Note 2
0302 29 80 --- Other 0 0 See Note 2
0302 31 10 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0302 31 90 --- Other 0 0 See Note 2
& /en 52
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0302 32 10 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0302 32 90 --- Other 0 0 See Note 2
0302 33 10 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0302 33 90 --- Other 0 0 See Note 2
0302 34 10 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0302 34 90 --- Other 0 0 See Note 2
0302 35 11 ---- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0302 35 19 ---- Other 0 0 See Note 2
0302 35 91 ---- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0302 35 99 ---- Other 0 0 See Note 2
0302 36 10 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0302 36 90 --- Other 0 0 See Note 2
0302 39 20 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
& /en 53
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0302 39 80 --- Other 0 0 See Note 2
0302 41 00 -- Herrings (Clupea harengus, Clupea pallasii) 0 0 See Note 2
0302 42 00 -- Anchovies (Engraulis spp.) 0 0 See Note 2
0302 43 10 --- Sardines of the species Sardina pilchardus 0 0 See Note 2
0302 43 30 --- Sardines of the genus Sardinops; sardinella (Sardinella spp.) 0 0 See Note 2
0302 43 90 --- Brisling or sprats (Sprattus sprattus) 0 0 See Note 2
0302 44 00 -- Mackerel (Scomber scombrus, Scomber australasicus, 0 0 See Note 2
Scomber japonicus)
0302 45 10 --- Atlantic horse mackerel (Trachurus trachurus) 0 0 See Note 2
0302 45 30 --- Chilean jack mackerel (Trachurus murphyi) 0 0 See Note 2
0302 45 90 --- Other 0 0 See Note 2
0302 46 00 -- Cobia (Rachycentron canadum) 0 0 See Note 2
0302 47 00 -- Swordfish (Xiphias gladius) 0 0 See Note 2
0302 49 11 ---- For the industrial manufacture of products of heading 1604 0 0 See Note 2
& /en 54
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0302 49 19 ---- Other 0 0 See Note 2
0302 49 90 --- Other 0 0 See Note 2
0302 51 10 --- Of the species Gadus morhua 0 0 See Note 2
0302 51 90 --- Other 0 0 See Note 2
0302 52 00 -- Haddock (Melanogrammus aeglefinus) 0 0 See Note 2
0302 53 00 -- Coalfish (Pollachius virens) 0 0 See Note 2
0302 54 11 ---- Cape hake (shallow-water hake) (Merluccius capensis) and 11,5 0
deepwater hake (deepwater Cape hake) (Merluccius paradoxus)
0302 54 15 ---- Southern hake (Merluccius australis) 11,5 0
0302 54 19 ---- Other 11,5 0
0302 54 90 --- Hake of the genus Urophycis 11,5 0
0302 55 00 -- Alaska pollock (Theragra chalcogramma) 0 0 See Note 2
0302 56 00 -- Blue whiting (Micromesistius poutassou, Micromesistius 0 0 See Note 2
australis)
& /en 55
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0302 59 10 --- Polar cod (Boreogadus saida) 0 0 See Note 2
0302 59 20 --- Whiting (Merlangius merlangus) 0 0 See Note 2
0302 59 30 --- Pollack (Pollachius pollachius) 0 0 See Note 2
0302 59 40 --- Ling (Molva spp.) 0 0 See Note 2
0302 59 90 --- Other 0 0 See Note 2
0302 71 00 -- Tilapias (Oreochromis spp.) 0 0 See Note 2
0302 72 00 -- Catfish (Pangasius spp., Silurus spp., Clarias spp., 0 0 See Note 2
Ictalurus spp.)
0302 73 00 -- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon 0 0 See Note 2
idellus, Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus
hasselti, Leptobarbus hoeveni, Megalobrama spp.)
0302 74 00 -- Eels (Anguilla spp.) 0 0 See Note 2
0302 79 00 -- Other 0 0 See Note 2
& /en 56
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0302 81 15 --- Piked dogfish (Squalus acanthias) and catsharks 0 0 See Note 2
(Scyliorhinus spp.)
0302 81 30 --- Porbeagle shark (Lamna nasus) 0 0 See Note 2
0302 81 40 --- Blue shark (Prionace glauca) 0 0 See Note 2
0302 81 80 --- Other 0 0 See Note 2
0302 82 00 -- Rays and skates (Rajidae) 0 0 See Note 2
0302 83 00 -- Toothfish (Dissostichus spp.) 0 0 See Note 2
0302 84 10 --- European sea bass (Dicentrarchus labrax) 0 0 See Note 2
0302 84 90 --- Other 0 0 See Note 2
0302 85 10 --- Of the species Dentex dentex or Pagellus spp. 0 0 See Note 2
0302 85 30 --- Gilt-head sea bream (Sparus aurata) 0 0 See Note 2
0302 85 90 --- Other 0 0 See Note 2
0302 89 10 --- Freshwater fish 0 0 See Note 2
0302 89 21 ----- For the industrial manufacture of products of heading 1604 0 0 See Note 2
& /en 57
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0302 89 29 ----- Other 0 0 See Note 2
0302 89 31 ----- Of the species Sebastes marinus 0 0 See Note 2
0302 89 39 ----- Other 0 0 See Note 2
0302 89 40 ---- Ray's bream (Brama spp.) 0 0 See Note 2
0302 89 50 ---- Monkfish (Lophius spp.) 0 0 See Note 2
0302 89 60 ---- Pink cusk-eel (Genypterus blacodes) 0 0 See Note 2
0302 89 90 ---- Other 0 0 See Note 2
0302 91 00 -- Livers, roes and milt 0 0 See Note 2
0302 92 00 -- Shark fins 0 0 See Note 2
0302 99 00 -- Other 0 0 See Note 2
0303 11 00 -- Sockeye salmon (red salmon) (Oncorhynchus nerka) 0 0 See Note 2
0303 12 00 -- Other Pacific salmon (Oncorhynchus gorbuscha, 0 0 See Note 2
Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus
kisutch, Oncorhynchus masou and Oncorhynchus rhodurus)
& /en 58
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0303 13 00 -- Atlantic salmon (Salmo salar) and Danube salmon (Hucho 0 0 See Note 2
hucho)
0303 14 10 --- Of the species Oncorhynchus apache or Oncorhynchus 0 0 See Note 2
chrysogaster
0303 14 20 --- Of the species Oncorhynchus mykiss, with heads and gills on, 0 0 See Note 2
gutted, weighing more than 1,2 kg each, or with heads off, gilled
and gutted, weighing more than 1 kg each
0303 14 90 --- Other 0 0 See Note 2
0303 19 00 -- Other 0 0 See Note 2
0303 23 00 -- Tilapias (Oreochromis spp.) 0 0 See Note 2
0303 24 00 -- Catfish (Pangasius spp., Silurus spp., Clarias spp., 0 0 See Note 2
Ictalurus spp.)
0303 25 00 -- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon 0 0 See Note 2
idellus, Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus
hasselti, Leptobarbus hoeveni, Megalobrama spp.)
& /en 59
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0303 26 00 -- Eels (Anguilla spp.) 0 0 See Note 2
0303 29 00 -- Other 0 0 See Note 2
0303 31 10 --- Lesser or Greenland halibut (Reinhardtius hippoglossoides) 0 0 See Note 2
0303 31 30 --- Atlantic halibut (Hippoglossus hippoglossus) 0 0 See Note 2
0303 31 90 --- Pacific halibut (Hippoglossus stenolepis) 0 0 See Note 2
0303 32 00 -- Plaice (Pleuronectes platessa) 0 0 See Note 2
0303 33 00 -- Sole (Solea spp.) 0 0 See Note 2
0303 34 00 -- Turbots (Psetta maxima) 0 0 See Note 2
0303 39 10 --- Flounder (Platichthys flesus) 0 0 See Note 2
0303 39 30 --- Fish of the genus Rhombosolea 0 0 See Note 2
0303 39 50 --- Fish of the species Pelotreis flavilatus or Peltorhamphus 0 0 See Note 2
novaezelandiae
0303 39 85 --- Other 0 0 See Note 2
0303 41 10 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
& /en 60
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0303 41 90 --- Other 0 0 See Note 2
0303 42 20 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0303 42 90 --- Other 0 0 See Note 2
0303 43 10 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0303 43 90 --- Other 0 0 See Note 2
0303 44 10 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0303 44 90 --- Other 0 0 See Note 2
0303 45 12 ---- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0303 45 18 ---- Other 0 0 See Note 2
0303 45 91 ---- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0303 45 99 ---- Other 0 0 See Note 2
0303 46 10 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0303 46 90 --- Other 0 0 See Note 2
& /en 61
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0303 49 20 --- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0303 49 85 --- Other 0 0 See Note 2
0303 51 00 -- Herrings (Clupea harengus, Clupea pallasii) 0 0 See Note 2
0303 53 10 --- Sardines of the species Sardina pilchardus 0 0 See Note 2
0303 53 30 --- Sardines of the genus Sardinops; sardinella (Sardinella spp.) 0 0 See Note 2
0303 53 90 --- Brisling or sprats (Sprattus sprattus) 0 0 See Note 2
0303 54 10 --- Of the species Scomber scombrus or Scomber japonicus 0 0 See Note 2
0303 54 90 --- Of the species Scomber australasicus 0 0 See Note 2
0303 55 10 --- Atlantic horse mackerel (Trachurus trachurus) 0 0 See Note 2
0303 55 30 --- Chilean jack mackerel (Trachurus murphyi) 0 0 See Note 2
0303 55 90 --- Other 0 0 See Note 2
0303 56 00 -- Cobia (Rachycentron canadum) 0 0 See Note 2
0303 57 00 -- Swordfish (Xiphias gladius) 0 0 See Note 2
0303 59 10 --- Anchovies (Engraulis spp.) 0 0 See Note 2
& /en 62
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0303 59 21 ---- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0303 59 29 ---- Other 0 0 See Note 2
0303 59 90 --- Other 0 0 See Note 2
0303 63 10 --- Of the species Gadus morhua 0 0 See Note 2
0303 63 30 --- Of the species Gadus ogac 0 0 See Note 2
0303 63 90 --- Of the species Gadus macrocephalus 0 0 See Note 2
0303 64 00 -- Haddock (Melanogrammus aeglefinus) 0 0 See Note 2
0303 65 00 -- Coalfish (Pollachius virens) 0 0 See Note 2
0303 66 11 ---- Cape hake (shallow-water hake) (Merluccius capensis) and 0 0 See Note 2
deepwater hake (deepwater Cape hake) (Merluccius paradoxus)
0303 66 12 ---- Argentine hake (Southwest Atlantic hake) (Merluccius 0 0 See Note 2
hubbsi)
0303 66 13 ---- Southern hake (Merluccius australis) 0 0 See Note 2
0303 66 19 ---- Other 0 0 See Note 2
& /en 63
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0303 66 90 --- Hake of the genus Urophycis 0 0 See Note 2
0303 67 00 -- Alaska pollock (Theragra chalcogramma) 0 0 See Note 2
0303 68 10 --- Blue whiting (Micromesistius poutassou) 0 0 See Note 2
0303 68 90 --- Southern blue whiting (Micromesistius australis) 0 0 See Note 2
0303 69 10 --- Polar cod (Boreogadus saida) 0 0 See Note 2
0303 69 30 --- Whiting (Merlangius merlangus) 0 0 See Note 2
0303 69 50 --- Pollack (Pollachius pollachius) 0 0 See Note 2
0303 69 70 --- Blue grenadier (Macruronus novaezelandiae) 0 0 See Note 2
0303 69 80 --- Ling (Molva spp.) 0 0 See Note 2
0303 69 90 --- Other 0 0 See Note 2
0303 81 15 --- Piked dogfish (Squalus acanthias) and catsharks 0 0 See Note 2
(Scyliorhinus spp.)
0303 81 30 --- Porbeagle shark (Lamna nasus) 0 0 See Note 2
0303 81 40 --- Blue shark (Prionace glauca) 0 0 See Note 2
& /en 64
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0303 81 90 --- Other 0 0 See Note 2
0303 82 00 -- Rays and skates (Rajidae) 0 0 See Note 2
0303 83 00 -- Toothfish (Dissostichus spp.) 0 0 See Note 2
0303 84 10 --- European sea bass (Dicentrarchus labrax) 0 0 See Note 2
0303 84 90 --- Other 0 0 See Note 2
0303 89 10 --- Freshwater fish 0 0 See Note 2
0303 89 21 ----- For the industrial manufacture of products of heading 1604 0 0 See Note 2
0303 89 29 ----- Other 0 0 See Note 2
0303 89 31 ----- Of the species Sebastes marinus 0 0 See Note 2
0303 89 39 ----- Other 0 0 See Note 2
0303 89 40 ---- Fish of the species Orcynopsis unicolor 0 0 See Note 2
0303 89 50 ---- Sea bream (Dentex dentex, Pagellus spp.) 0 0 See Note 2
0303 89 55 ---- Gilt-head sea bream (Sparus aurata) 0 0 See Note 2
& /en 65
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0303 89 60 ---- Ray's bream (Brama spp.) 0 0 See Note 2
0303 89 65 ---- Monkfish (Lophius spp.) 0 0 See Note 2
0303 89 70 ---- Pink cusk-eel (Genypterus blacodes) 0 0 See Note 2
0303 89 90 ---- Other 0 0 See Note 2
0303 91 10 --- Hard and soft roes for the manufacture of deoxyribonucleic 0 0 See Note 2
acid or protamine sulphate
0303 91 90 --- Other 0 0 See Note 2
0303 92 00 -- Shark fins 0 0 See Note 2
0303 99 00 -- Other 0 0 See Note 2
0304 31 00 -- Tilapias (Oreochromis spp.) 0 0 See Note 2
0304 32 00 -- Catfish (Pangasius spp., Silurus spp., Clarias spp., 0 0 See Note 2
Ictalurus spp.)
0304 33 00 -- Nile perch (Lates niloticus) 0 0 See Note 2
0304 39 00 -- Other 0 0 See Note 2
& /en 66
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0304 41 00 -- Pacific salmon (Oncorhynchus nerka, Oncorhynchus 0 0 See Note 2
gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha,
Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus
rhodurus), Atlantic salmon (Salmo salar) and Danube salmon
(Hucho hucho)
0304 42 10 --- Of the species Oncorhynchus mykiss, weighing more 0 0 See Note 2
than 400 g each
0304 42 50 --- Of the species Oncorhynchus apache or Oncorhynchus 0 0 See Note 2
chrysogaster
0304 42 90 --- Other 0 0 See Note 2
0304 43 00 -- Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, 0 0 See Note 2
Scophthalmidae and Citharidae)
0304 44 10 --- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and 0 0 See Note 2
Polar cod (Boreogadus saida)
0304 44 30 --- Coalfish (Pollachius virens) 0 0 See Note 2
0304 44 90 --- Other 0 0 See Note 2
& /en 67
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0304 45 00 -- Swordfish (Xiphias gladius) 0 0 See Note 2
0304 46 00 -- Toothfish (Dissostichus spp.) 0 0 See Note 2
0304 47 10 --- Piked dogfish (Squalus acanthias) and catsharks 0 0 See Note 2
(Scyliorhinus spp.)
0304 47 20 --- Porbeagle shark (Lamna nasus) 0 0 See Note 2
0304 47 30 --- Blue shark (Prionace glauca) 0 0 See Note 2
0304 47 90 --- Other 0 0 See Note 2
0304 48 00 -- Rays and skates (Rajidae) 0 0 See Note 2
0304 49 10 --- Freshwater fish 0 0 See Note 2
0304 49 50 ---- Redfish (Sebastes spp.) 0 0 See Note 2
0304 49 90 ---- Other 0 0 See Note 2
& /en 68
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0304 51 00 -- Tilapias (Oreochromis spp.), catfish (Pangasius spp., 0 0 See Note 2
Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp.,
Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon
piceus, Catla catla, Labeo spp., Osteochilus hasselti,
Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.),
Nile perch (Lates niloticus) and snakeheads (Channa spp.)
0304 52 00 -- Salmonidae 0 0 See Note 2
0304 53 00 -- Fish of the families Bregmacerotidae, Euclichthyidae, 0 0 See Note 2
Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and
Muraenolepididae
0304 54 00 -- Swordfish (Xiphias gladius) 0 0 See Note 2
0304 55 00 -- Toothfish (Dissostichus spp.) 0 0 See Note 2
0304 56 10 --- Piked dogfish (Squalus acanthias) and catsharks 0 0 See Note 2
(Scyliorhinus spp.)
0304 56 20 --- Porbeagle shark (Lamna nasus) 0 0 See Note 2
0304 56 30 --- Blue shark (Prionace glauca) 0 0 See Note 2
& /en 69
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0304 56 90 --- Other 0 0 See Note 2
0304 57 00 -- Rays and skates (Rajidae) 0 0 See Note 2
0304 59 10 --- Freshwater fish 0 0 See Note 2
0304 59 50 ---- Flaps of herring 0 0 See Note 2
0304 59 90 ---- Other 0 0 See Note 2
0304 61 00 -- Tilapias (Oreochromis spp.) 0 0 See Note 2
0304 62 00 -- Catfish (Pangasius spp., Silurus spp., Clarias spp., 0 0 See Note 2
Ictalurus spp.)
0304 63 00 -- Nile perch (Lates niloticus) 0 0 See Note 2
0304 69 00 -- Other 0 0 See Note 2
0304 71 10 --- Cod of the species Gadus macrocephalus 0 0 See Note 2
0304 71 90 --- Other 0 0 See Note 2
0304 72 00 -- Haddock (Melanogrammus aeglefinus) 0 0 See Note 2
& /en 70
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0304 73 00 -- Coalfish (Pollachius virens) 0 0 See Note 2
0304 74 11 ---- Cape hake (shallow-water hake) (Merluccius capensis) and 0 0 See Note 2
deepwater hake (deepwater Cape hake) (Merluccius paradoxus)
0304 74 15 ---- Argentine hake (Southwest Atlantic hake) (Merluccius 0 0 See Note 2
hubbsi)
0304 74 19 ---- Other 0 0 See Note 2
0304 74 90 --- Hake of the genus Urophycis 0 0 See Note 2
0304 75 00 -- Alaska pollock (Theragra chalcogramma) 0 0 See Note 2
0304 79 10 --- Polar cod (Boreogadus saida) 0 0 See Note 2
0304 79 30 --- Whiting (Merlangius merlangus) 0 0 See Note 2
0304 79 50 --- Blue grenadier (Macruronus novaezelandiae) 0 0 See Note 2
0304 79 80 --- Ling (Molva spp.) 0 0 See Note 2
0304 79 90 --- Other 0 0 See Note 2
& /en 71
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0304 81 00 -- Pacific salmon (Oncorhynchus nerka, Oncorhynchus 0 0 See Note 2
gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha,
Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus
rhodurus), Atlantic salmon (Salmo salar) and Danube salmon
(Hucho hucho)
0304 82 10 --- Of the species Oncorhynchus mykiss, weighing more 0 0 See Note 2
than 400 g each
0304 82 50 --- Of the species Oncorhynchus apache or Oncorhynchus 0 0 See Note 2
chrysogaster
0304 82 90 --- Other 0 0 See Note 2
0304 83 10 --- Plaice (Pleuronectes platessa) 0 0 See Note 2
0304 83 30 --- Flounder (Platichthys flesus) 0 0 See Note 2
0304 83 50 --- Megrim (Lepidorhombus spp.) 0 0 See Note 2
0304 83 90 --- Other 0 0 See Note 2
0304 84 00 -- Swordfish (Xiphias gladius) 0 0 See Note 2
& /en 72
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0304 85 00 -- Toothfish (Dissostichus spp.) 0 0 See Note 2
0304 86 00 -- Herrings (Clupea harengus, Clupea pallasii) 0 0 See Note 2
0304 87 00 -- Tuna (of the genus Thunnus), skipjack or stripe-bellied bonito 0 0 See Note 2
(Euthynnus (Katsuwonus) pelamis)
0304 88 11 ---- Piked dogfish (Squalus acanthias) and catsharks 0 0 See Note 2
(Scyliorhinus spp.)
0304 88 15 ---- Porbeagle shark (Lamna nasus) 0 0 See Note 2
0304 88 18 ---- Blue shark (Prionace glauca) 0 0 See Note 2
0304 88 19 ---- Other 0 0 See Note 2
0304 88 90 --- Rays and skates (Rajidae) 0 0 See Note 2
0304 89 10 --- Freshwater fish 0 0 See Note 2
0304 89 21 ----- Of the species Sebastes marinus 0 0 See Note 2
0304 89 29 ----- Other 0 0 See Note 2
& /en 73
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0304 89 30 ---- Fish of the genus Euthynnus, other than the skipjack or 0 0 See Note 2
stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis)
mentioned in subheading 0304 87 00
0304 89 41 ----- Mackerel of the species Scomber australasicus 0 0 See Note 2
0304 89 49 ----- Other 0 0 See Note 2
0304 89 60 ---- Monkfish (Lophius spp.) 0 0 See Note 2
0304 89 90 ---- Other 0 0 See Note 2
0304 91 00 -- Swordfish (Xiphias gladius) 0 0 See Note 2
0304 92 00 -- Toothfish (Dissostichus spp.) 0 0 See Note 2
0304 93 10 --- Surimi 0 0 See Note 2
0304 93 90 --- Other 0 0 See Note 2
0304 94 10 --- Surimi 0 0 See Note 2
0304 94 90 --- Other 0 0 See Note 2
0304 95 10 --- Surimi 0 0 See Note 2
& /en 74
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0304 95 21 ----- Cod of the species Gadus macrocephalus 0 0 See Note 2
0304 95 25 ----- Cod of the species Gadus morhua 0 0 See Note 2
0304 95 29 ----- Other 0 0 See Note 2
0304 95 30 ---- Haddock (Melanogrammus aeglefinus) 0 0 See Note 2
0304 95 40 ---- Coalfish (Pollachius virens) 0 0 See Note 2
0304 95 50 ---- Hake of the genus Merluccius 0 0 See Note 2
0304 95 60 ---- Blue whiting (Micromesistius poutassou) 0 0 See Note 2
0304 95 90 ---- Other 0 0 See Note 2
0304 96 10 --- Piked dogfish (Squalus acanthias) and catsharks 0 0 See Note 2
(Scyliorhinus spp.)
0304 96 20 --- Porbeagle shark (Lamna nasus) 0 0 See Note 2
0304 96 30 --- Blue shark (Prionace glauca) 0 0 See Note 2
0304 96 90 --- Other 0 0 See Note 2
& /en 75
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0304 97 00 -- Rays and skates (Rajidae) 0 0 See Note 2
0304 99 10 --- Surimi 0 0 See Note 2
0304 99 21 ---- Freshwater fish 0 0 See Note 2
0304 99 23 ----- Herrings (Clupea harengus, Clupea pallasii) 0 0 See Note 2
0304 99 29 ----- Redfish (Sebastes spp.) 0 0 See Note 2
0304 99 55 ----- Megrim (Lepidorhombus spp.) 0 0 See Note 2
0304 99 61 ----- Ray's bream (Brama spp.) 0 0 See Note 2
0304 99 65 ----- Monkfish (Lophius spp.) 0 0 See Note 2
0304 99 99 ----- Other 0 0 See Note 2
0305 10 00 - Flours, meals and pellets of fish, fit for human consumption 0 0 See Note 2
0305 20 00 - Livers, roes and milt of fish, dried, smoked, salted or in brine 0 0 See Note 2
& /en 76
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0305 31 00 -- Tilapias (Oreochromis spp.), catfish (Pangasius spp., 0 0 See Note 2
Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp.,
Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon
piceus, Catla catla, Labeo spp., Osteochilus hasselti,
Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.),
Nile perch (Lates niloticus) and snakeheads (Channa spp.)
0305 32 11 ---- Cod of the species Gadus macrocephalus 0 0 See Note 2
0305 32 19 ---- Other 0 0 See Note 2
0305 32 90 --- Other 0 0 See Note 2
0305 39 10 --- Pacific salmon (Oncorhynchus nerka, Oncorhynchus 11,5 0
gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha,
Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus
rhodurus), Atlantic salmon (Salmo salar), and Danube salmon
(Hucho hucho), salted or in brine
& /en 77
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0305 39 50 --- Lesser or Greenland halibut (Reinhardtius hippoglossoides), 0 0 See Note 2
salted or in brine
0305 39 90 --- Other 0 0 See Note 2
0305 41 00 -- Pacific salmon (Oncorhynchus nerka, Oncorhynchus 9,5 0
gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha,
Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus
rhodurus), Atlantic salmon (Salmo salar) and Danube salmon
(Hucho hucho)
0305 42 00 -- Herrings (Clupea harengus, Clupea pallasii) 0 0 See Note 2
0305 43 00 -- Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus 0 0 See Note 2
clarki, Oncorhynchus aguabonita, Oncorhynchus gilae,
Oncorhynchus apache and Oncorhynchus chrysogaster)
0305 44 10 --- Eels (Anguilla spp.) 0 0 See Note 2
0305 44 90 --- Other 0 0 See Note 2
0305 49 10 --- Lesser or Greenland halibut (Reinhardtius hippoglossoides) 0 0 See Note 2
& /en 78
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0305 49 20 --- Atlantic halibut (Hippoglossus hippoglossus) 0 0 See Note 2
0305 49 30 --- Mackerel (Scomber scombrus, Scomber australasicus, 0 0 See Note 2
Scomber japonicus)
0305 49 80 --- Other 0 0 See Note 2
0305 51 10 --- Dried, unsalted 0 0 See Note 2
0305 51 90 --- Dried, salted 0 0 See Note 2
0305 52 00 -- Tilapias (Oreochromis spp.), catfish (Pangasius spp., 0 0 See Note 2
Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp.,
Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon
piceus, Catla catla, Labeo spp., Osteochilus hasselti,
Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.),
Nile perch (Lates niloticus) and snakeheads (Channa spp.)
0305 53 10 --- Polar Cod (Boreogadus saida) 0 0 See Note 2
0305 53 90 --- Other 0 0 See Note 2
0305 54 30 --- Herrings (Clupea harengus, Clupea pallasii) 0 0 See Note 2
& /en 79
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0305 54 50 --- Anchovies (Engraulis spp.) 0 0 See Note 2
0305 54 90 --- Other 0 0 See Note 2
0305 59 70 --- Atlantic halibut (Hippoglossus hippoglossus) 0 0 See Note 2
0305 59 85 --- Other 0 0 See Note 2
0305 61 00 -- Herrings (Clupea harengus, Clupea pallasii) 0 0 See Note 2
0305 62 00 -- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0 0 See Note 2
0305 63 00 -- Anchovies (Engraulis spp.) 0 0 See Note 2
0305 64 00 -- Tilapias (Oreochromis spp.), catfish (Pangasius spp., 0 0 See Note 2
Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp.,
Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon
piceus, Catla catla, Labeo spp., Osteochilus hasselti,
Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.),
Nile perch (Lates niloticus) and snakeheads (Channa spp.)
0305 69 10 --- Polar cod (Boreogadus saida) 0 0 See Note 2
& /en 80
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0305 69 30 --- Atlantic halibut (Hippoglossus hippoglossus) 0 0 See Note 2
0305 69 50 --- Pacific salmon (Oncorhynchus nerka, Oncorhynchus 0 0 See Note 2
gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha,
Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus
rhodurus), Atlantic salmon (Salmo salar) and Danube salmon
(Hucho hucho)
0305 69 80 --- Other 0 0 See Note 2
0305 71 00 -- Shark fins 0 0 See Note 2
0305 72 00 -- Fish heads, tails and maws 0 0 See Note 2
0305 79 00 -- Other 0 0 See Note 2
0306 11 10 --- Crawfish tails 0 0 See Note 2
0306 11 90 --- Other 0 0 See Note 2
0306 12 10 --- Whole 0 0 See Note 2
0306 12 90 --- Other 0 0 See Note 2
& /en 81
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0306 14 10 --- Crabs of the species Paralithodes camchaticus, 0 0 See Note 2
Chionoecetes spp. or Callinectes sapidus
0306 14 30 --- Crabs of the species Cancer pagurus 0 0 See Note 2
0306 14 90 --- Other 0 0 See Note 2
0306 15 00 -- Norway lobsters (Nephrops norvegicus) 0 0 See Note 2
0306 16 91 --- Shrimps of the species Crangon crangon 0 0 See Note 2
0306 16 99 --- Other 0 0 See Note 2
0306 17 91 --- Deepwater rose shrimps (Parapenaeus longirostris) 0 0 See Note 2
0306 17 92 --- Shrimps of the genus Penaeus 0 0 See Note 2
0306 17 93 --- Shrimps of the family Pandalidae, other than of the genus 0 0 See Note 2
Pandalus
0306 17 94 --- Shrimps of the genus Crangon, other than of the species 0 0 See Note 2
Crangon crangon
0306 17 99 --- Other 0 0 See Note 2
& /en 82
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0306 19 10 --- Freshwater crayfish 0 0 See Note 2
0306 19 90 --- Other 0 0 See Note 2
0306 31 00 -- Rock lobster and other sea crawfish (Palinurus spp., 0 0 See Note 2
Panulirus spp., Jasus spp.)
0306 32 10 --- Live 0 0 See Note 2
0306 32 91 ---- Whole 0 0 See Note 2
0306 32 99 ---- Other 0 0 See Note 2
0306 33 10 --- Crabs of the species Cancer pagurus 0 0 See Note 2
0306 33 90 --- Other 0 0 See Note 2
0306 34 00 -- Norway lobsters (Nephrops norvegicus) 0 0 See Note 2
0306 35 10 ---- Fresh or chilled 0 0 See Note 2
0306 35 50 ---- Other 0 0 See Note 2
0306 35 90 --- Other 0 0 See Note 2
& /en 83
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0306 36 10 --- Shrimps of the family Pandalidae, other than of the genus 0 0 See Note 2
Pandalus
0306 36 50 --- Shrimps of the genus Crangon, other than of the species 0 0 See Note 2
Crangon crangon
0306 36 90 --- Other 0 0 See Note 2
0306 39 10 --- Freshwater crayfish 0 0 See Note 2
0306 39 90 --- Other 0 0 See Note 2
0306 91 00 -- Rock lobster and other sea crawfish (Palinurus spp., 0 0 See Note 2
Panulirus spp., Jasus spp.)
0306 92 10 --- Whole 0 0 See Note 2
0306 92 90 --- Other 0 0 See Note 2
0306 93 10 --- Crabs of the species Cancer pagurus 0 0 See Note 2
0306 93 90 --- Other 0 0 See Note 2
0306 94 00 -- Norway lobsters (Nephrops norvegicus) 0 0 See Note 2
& /en 84
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0306 95 11 ----- Cooked by steaming or by boiling in water 0 0 See Note 2
0306 95 19 ----- Other 0 0 See Note 2
0306 95 20 ---- Pandalus spp. 0 0 See Note 2
0306 95 30 ---- Shrimps of the family Pandalidae, other than of the genus 0 0 See Note 2
Pandalus
0306 95 40 ---- Shrimps of the genus Crangon, other than of the species 0 0 See Note 2
Crangon crangon
0306 95 90 ---- Other 0 0 See Note 2
0306 99 10 --- Freshwater crayfish 0 0 See Note 2
0306 99 90 --- Other 0 0 See Note 2
0307 11 10 --- Flat oysters (of the genus Ostrea), live and weighing (shell 0 0 See Note 2
included) not more than 40 g each
0307 11 90 --- Other 0 0 See Note 2
0307 12 00 -- Frozen 0 0 See Note 2
& /en 85
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0307 19 00 -- Other 0 0 See Note 2
0307 21 00 -- Live, fresh or chilled 0 0 See Note 2
0307 22 10 --- Coquilles St Jacques (Pecten maximus) 0 0 See Note 2
0307 22 90 --- Other 0 0 See Note 2
0307 29 00 -- Other 0 0 See Note 2
0307 31 10 --- Mytilus spp. 0 0 See Note 2
0307 31 90 --- Perna spp. 0 0 See Note 2
0307 32 10 --- Mytilus spp. 0 0 See Note 2
0307 32 90 --- Perna spp. 0 0 See Note 2
0307 39 20 --- Mytilus spp. 0 0 See Note 2
0307 39 80 --- Perna spp. 0 0 See Note 2
0307 42 10 --- Cuttle fish (Sepia officinalis, Rossia macrosoma, 0 0 See Note 2
Sepiola spp.)
0307 42 20 --- Loligo spp. 0 0 See Note 2
& /en 86
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0307 42 30 --- Squid (Ommastrephes spp., Nototodarus spp., 0 0 See Note 2
Sepioteuthis spp.)
0307 42 40 --- European flying squid (Todarodes sagittatus) 0 0 See Note 2
0307 42 90 --- Other 0 0 See Note 2
0307 43 21 ----- Lesser cuttle fish (Sepiola rondeleti) 0 0 See Note 2
0307 43 25 ----- Other 0 0 See Note 2
0307 43 29 ---- Sepia officinalis, Rossia macrosoma 0 0 See Note 2
0307 43 31 ---- Loligo vulgaris 0 0 See Note 2
0307 43 33 ---- Loligo pealei 0 0 See Note 2
0307 43 35 ---- Loligo gahi 0 0 See Note 2
0307 43 38 ---- Other 0 0 See Note 2
0307 43 91 --- Ommastrephes spp., other than Ommastrephes sagittatus, 0 0 See Note 2
Nototodarus spp., Sepioteuthis spp.
0307 43 92 --- Illex spp. 0 0 See Note 2
& /en 87
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0307 43 95 --- European flying squid (Todarodes sagittatus) (Ommastrephes 0 0 See Note 2
sagittatus)
0307 43 99 --- Other 0 0 See Note 2
0307 49 20 --- Cuttle fish (Sepia officinalis, Rossia macrosoma, 0 0 See Note 2
Sepiola spp.)
0307 49 40 --- Loligo spp. 0 0 See Note 2
0307 49 50 --- Ommastrephes spp., other than Ommastrephes sagittatus, 0 0 See Note 2
Nototodarus spp., Sepioteuthis spp.
0307 49 60 --- European flying squid (Todarodes sagittatus) (Ommastrephes 0 0 See Note 2
sagittatus)
0307 49 80 --- Other 0 0 See Note 2
0307 51 00 -- Live, fresh or chilled 0 0 See Note 2
0307 52 00 -- Frozen 0 0 See Note 2
0307 59 00 -- Other 0 0 See Note 2
0307 60 00 - Snails, other than sea snails 0 0 See Note 2
& /en 88
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0307 71 00 -- Live, fresh or chilled 0 0 See Note 2
0307 72 10 --- Striped venus or other species of the family Veneridae 0 0 See Note 2
0307 72 90 --- Other 0 0 See Note 2
0307 79 00 -- Other 0 0 See Note 2
0307 81 00 -- Live, fresh or chilled abalone (Haliotis spp.) 0 0 See Note 2
0307 82 00 -- Live, fresh or chilled stromboid conchs (Strombus spp.) 0 0 See Note 2
0307 83 00 -- Frozen abalone (Haliotis spp.) 0 0 See Note 2
0307 84 00 -- Frozen stromboid conchs (Strombus spp.) 0 0 See Note 2
0307 87 00 -- Other abalone (Haliotis spp.) 0 0 See Note 2
0307 88 00 -- Other stromboid conchs (Strombus spp.) 0 0 See Note 2
0307 91 00 -- Live, fresh or chilled 0 0 See Note 2
0307 92 00 -- Frozen 0 0 See Note 2
0307 99 00 -- Other 0 0 See Note 2
& /en 89
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0308 11 00 -- Live, fresh or chilled 0 0 See Note 2
0308 12 00 -- Frozen 0 0 See Note 2
0308 19 00 -- Other 0 0 See Note 2
0308 21 00 -- Live, fresh or chilled 0 0 See Note 2
0308 22 00 -- Frozen 0 0 See Note 2
0308 29 00 -- Other 0 0 See Note 2
0308 30 50 -- Frozen 0 0 See Note 2
0308 30 80 -- Other 0 0 See Note 2
0308 90 10 -- Live, fresh or chilled 0 0 See Note 2
0308 90 50 -- Frozen 0 0 See Note 2
0308 90 90 -- Other 0 0 See Note 2
0401 10 10 -- In immediate packings of a net content not exceeding two 13,8 EUR/100 kg 0
litres
0401 10 90 -- Other 12,9 EUR/100 kg 0
& /en 90
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0401 20 11 --- In immediate packings of a net content not exceeding two 18,8 EUR/100 kg 0
litres
0401 20 19 --- Other 17,9 EUR/100 kg 0
0401 20 91 --- In immediate packings of a net content not exceeding two 22,7 EUR/100 kg 0
litres
0401 20 99 --- Other 21,8 EUR/100 kg 0
0401 40 10 -- In immediate packings of a net content not exceeding two 57,5 EUR/100 kg 0
litres
0401 40 90 -- Other 56,6 EUR/100 kg 0
0401 50 11 --- In immediate packings of a net content not exceeding two 57,5 EUR/100 kg 0
litres
0401 50 19 --- Other 56,6 EUR/100 kg 0
0401 50 31 --- In immediate packings of a net content not exceeding two 110 EUR/100 kg 0
litres
0401 50 39 --- Other 109,1 EUR/100 kg 0
& /en 91
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0401 50 91 --- In immediate packings of a net content not exceeding two 183,7 EUR/100 kg 0
litres
0401 50 99 --- Other 182,8 EUR/100 kg 0
0402 10 11 --- In immediate packings of a net content not exceeding 2,5 kg 125,4 EUR/100 kg 0
0402 10 19 --- Other 118,8 EUR/100 kg 0
0402 10 91 --- In immediate packings of a net content not exceeding 2,5 kg 1,19 EUR/kg/lactic matter + 0
27,5 EUR/100 kg
0402 10 99 --- Other 1,19 EUR/kg/lactic matter + 0
21 EUR/100 kg
0402 21 11 ---- In immediate packings of a net content not exceeding 2,5 kg 135,7 EUR/100 kg 0
0402 21 18 ---- Other 130,4 EUR/100 kg 0
0402 21 91 ---- In immediate packings of a net content not exceeding 2,5 kg 167,2 EUR/100 kg 0
0402 21 99 ---- Other 161,9 EUR/100 kg 0
& /en 92
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0402 29 11 ---- Special milk, for infants, in hermetically sealed containers of 1,31 EUR/kg/lactic matter + 0
a net content not exceeding 500 g, of a fat content, by weight, 22 EUR/100 kg
exceeding 10 %
0402 29 15 ----- In immediate packings of a net content not exceeding 2,5 kg 1,31 EUR/kg/lactic matter + 0
22 EUR/100 kg
0402 29 19 ----- Other 1,31 EUR/kg/lactic matter + 0
16,8 EUR/100 kg
0402 29 91 ---- In immediate packings of a net content not exceeding 2,5 kg 1,62 EUR/kg/lactic matter + 0
22 EUR/100 kg
0402 29 99 ---- Other 1,62 EUR/kg/lactic matter + 0
16,8 EUR/100 kg
0402 91 10 --- Of a fat content, by weight, not exceeding 8 % 34,7 EUR/100 kg 0
0402 91 30 --- Of a fat content, by weight, exceeding 8 % but not 43,4 EUR/100 kg 0
exceeding 10 %
0402 91 51 ---- In immediate packings of a net content not exceeding 2,5 kg 110 EUR/100 kg 0
& /en 93
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0402 91 59 ---- Other 109,1 EUR/100 kg 0
0402 91 91 ---- In immediate packings of a net content not exceeding 2,5 kg 183,7 EUR/100 kg 0
0402 91 99 ---- Other 182,8 EUR/100 kg 0
0402 99 10 --- Of a fat content, by weight, not exceeding 9,5 % 57,2 EUR/100 kg 0
0402 99 31 ---- In immediate packings of a net content not exceeding 2,5 kg 1,08 EUR/kg/lactic matter + 0
19,4 EUR/100 kg
0402 99 39 ---- Other 1,08 EUR/kg/lactic matter + 0
18,5 EUR/100 kg
0402 99 91 ---- In immediate packings of a net content not exceeding 2,5 kg 1,81 EUR/kg/lactic matter + 0
19,4 EUR/100 kg
0402 99 99 ---- Other 1,81 EUR/kg/lactic matter + 0
18,5 EUR/100 kg
0403 10 11 ---- Not exceeding 3 % 20,5 EUR/100 kg 0
0403 10 13 ---- Exceeding 3 % but not exceeding 6 % 24,4 EUR/100 kg 0
0403 10 19 ---- Exceeding 6 % 59,2 EUR/100 kg 0
& /en 94
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0403 10 31 ---- Not exceeding 3 % 0,17 EUR/kg/lactic matter + 0
21,1 EUR/100 kg
0403 10 33 ---- Exceeding 3 % but not exceeding 6 % 0,2 EUR/kg/lactic matter + 0
21,1 EUR/100 kg
0403 10 39 ---- Exceeding 6 % 0,54 EUR/kg/lactic matter + 0
21,1 EUR/100 kg
0403 10 51 ---- Not exceeding 1,5 % 0 + 95 EUR/100 kg 0
0403 10 53 ---- Exceeding 1,5 % but not exceeding 27 % 0 + 130,4 EUR/100 kg 0
0403 10 59 ---- Exceeding 27 % 0 + 168,8 EUR/100 kg 0
0403 10 91 ---- Not exceeding 3 % 0 + 12,4 EUR/100 kg 0
0403 10 93 ---- Exceeding 3 % but not exceeding 6 % 0 + 17,1 EUR/100 kg 0
0403 10 99 ---- Exceeding 6 % 0 + 26,6 EUR/100 kg 0
0403 90 11 ----- Not exceeding 1,5 % 100,4 EUR/100 kg 0
0403 90 13 ----- Exceeding 1,5 % but not exceeding 27 % 135,7 EUR/100 kg 0
& /en 95
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0403 90 19 ----- Exceeding 27 % 167,2 EUR/100 kg 0
0403 90 31 ----- Not exceeding 1,5 % 0,95 EUR/kg/lactic matter + 0
22 EUR/100 kg
0403 90 33 ----- Exceeding 1,5 % but not exceeding 27 % 1,31 EUR/kg/lactic matter + 0
22 EUR/100 kg
0403 90 39 ----- Exceeding 27 % 1,62 EUR/kg/lactic matter + 0
22 EUR/100 kg
0403 90 51 ----- Not exceeding 3 % 20,5 EUR/100 kg 0
0403 90 53 ----- Exceeding 3 % but not exceeding 6 % 24,4 EUR/100 kg 0
0403 90 59 ----- Exceeding 6 % 59,2 EUR/100 kg 0
0403 90 61 ----- Not exceeding 3 % 0,17 EUR/kg/lactic matter + 0
21,1 EUR/100 kg
0403 90 63 ----- Exceeding 3 % but not exceeding 6 % 0,2 EUR/kg/lactic matter + 0
21,1 EUR/100 kg
0403 90 69 ----- Exceeding 6 % 0,54 EUR/kg/lactic matter + 0
21,1 EUR/100 kg
& /en 96
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0403 90 71 ---- Not exceeding 1,5 % 0 + 95 EUR/100 kg 0
0403 90 73 ---- Exceeding 1,5 % but not exceeding 27 % 0 + 130,4 EUR/100 kg 0
0403 90 79 ---- Exceeding 27 % 0 + 168,8 EUR/100 kg 0
0403 90 91 ---- Not exceeding 3 % 0 + 12,4 EUR/100 kg 0
0403 90 93 ---- Exceeding 3 % but not exceeding 6 % 0 + 17,1 EUR/100 kg 0
0403 90 99 ---- Exceeding 6 % 0 + 26,6 EUR/100 kg 0
0404 10 02 ----- Not exceeding 1,5 % 7 EUR/100 kg 0
0404 10 04 ----- Exceeding 1,5 % but not exceeding 27 % 135,7 EUR/100 kg 0
0404 10 06 ----- Exceeding 27 % 167,2 EUR/100 kg 0
0404 10 12 ----- Not exceeding 1,5 % 100,4 EUR/100 kg 0
0404 10 14 ----- Exceeding 1,5 % but not exceeding 27 % 135,7 EUR/100 kg 0
0404 10 16 ----- Exceeding 27 % 167,2 EUR/100 kg 0
0404 10 26 ----- Not exceeding 1,5 % 0,07 EUR/kg/lactic matter + 0
16,8 EUR/100 kg
& /en 97
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0404 10 28 ----- Exceeding 1,5 % but not exceeding 27 % 1,31 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 10 32 ----- Exceeding 27 % 1,62 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 10 34 ----- Not exceeding 1,5 % 0,95 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 10 36 ----- Exceeding 1,5 % but not exceeding 27 % 1,31 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 10 38 ----- Exceeding 27 % 1,62 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 10 48 ----- Not exceeding 1,5 % 0,07 EUR/kg/dry lactic matter 0
0404 10 52 ----- Exceeding 1,5 % but not exceeding 27 % 135,7 EUR/100 kg 0
0404 10 54 ----- Exceeding 27 % 167,2 EUR/100 kg 0
0404 10 56 ----- Not exceeding 1,5 % 100,4 EUR/100 kg 0
0404 10 58 ----- Exceeding 1,5 % but not exceeding 27 % 135,7 EUR/100 kg 0
& /en 98
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0404 10 62 ----- Exceeding 27 % 167,2 EUR/100 kg 0
0404 10 72 ----- Not exceeding 1,5 % 0,07 EUR/kg/dry lactic matter 0
+ 16,8 EUR/100 kg
0404 10 74 ----- Exceeding 1,5 % but not exceeding 27 % 1,31 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 10 76 ----- Exceeding 27 % 1,62 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 10 78 ----- Not exceeding 1,5 % 0,95 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 10 82 ----- Exceeding 1,5 % but not exceeding 27 % 1,31 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 10 84 ----- Exceeding 27 % 1,62 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 90 21 --- Not exceeding 1,5 % 100,4 EUR/100 kg 0
0404 90 23 --- Exceeding 1,5 % but not exceeding 27 % 135,7 EUR/100 kg 0
& /en 99
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0404 90 29 --- Exceeding 27 % 167,2 EUR/100 kg 0
0404 90 81 --- Not exceeding 1,5 % 0,95 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 90 83 --- Exceeding 1,5 % but not exceeding 27 % 1,31 EUR/kg/lactic matter + 0
22 EUR/100 kg
0404 90 89 --- Exceeding 27 % 1,62 EUR/kg/lactic matter + 0
22 EUR/100 kg
0405 10 11 ---- In immediate packings of a net content not exceeding 1 kg 189,6 EUR/100 kg 0
0405 10 19 ---- Other 189,6 EUR/100 kg 0
0405 10 30 --- Recombined butter 189,6 EUR/100 kg 0
0405 10 50 --- Whey butter 189,6 EUR/100 kg 0
0405 10 90 -- Other 231,3 EUR/100 kg 0
0405 20 10 -- Of a fat content, by weight, of 39 % or more but less than 60 % 0 + EA 0
0405 20 30 -- Of a fat content, by weight, of 60 % or more but not 0 + EA 0
exceeding 75 %
& /en 100
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0405 20 90 -- Of a fat content, by weight, of more than 75 % but less 189,6 EUR/100 kg 0
than 80 %
0405 90 10 -- Of a fat content, by weight, of 99,3 % or more and of a water 231,3 EUR/100 kg 0
content, by weight, not exceeding 0,5 %
0405 90 90 -- Other 231,3 EUR/100 kg 0
0406 10 30 --- Mozzarella, whether or not in a liquid 185,2 EUR/100 kg 0
0406 10 50 --- Other 185,2 EUR/100 kg 0
0406 10 80 -- Other 221,2 EUR/100 kg 0
0406 20 00 - Grated or powdered cheese, of all kinds 188,2 EUR/100 kg 0
0406 30 10 -- In the manufacture of which no cheeses other than 144,9 EUR/100 kg 0
Emmentaler, Gruyère and Appenzell have been used and which
may contain, as an addition, Glarus herb cheese (known as
Schabziger); put up for retail sale, of a fat content by weight in
the dry matter not exceeding 56 %
0406 30 31 ---- Not exceeding 48 % 139,1 EUR/100 kg 0
0406 30 39 ---- Exceeding 48 % 144,9 EUR/100 kg 0
& /en 101
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0406 30 90 --- Of a fat content, by weight, exceeding 36 % 215 EUR/100 kg 0
0406 40 10 -- Roquefort 140,9 EUR/100 kg 0
0406 40 50 -- Gorgonzola 140,9 EUR/100 kg 0
0406 40 90 -- Other 140,9 EUR/100 kg 0
0406 90 01 -- For processing 167,1 EUR/100 kg 0
0406 90 13 --- Emmentaler 171,7 EUR/100 kg 0
0406 90 15 --- Gruyère, Sbrinz 171,7 EUR/100 kg 0
0406 90 17 --- Bergkäse, Appenzell 171,7 EUR/100 kg 0
0406 90 18 --- Fromage fribourgeois, Vacherin Mont d'Or and Tête de 171,7 EUR/100 kg 0
Moine
0406 90 21 --- Cheddar 167,1 EUR/100 kg 0
0406 90 23 --- Edam 151 EUR/100 kg 0
0406 90 25 --- Tilsit 151 EUR/100 kg 0
0406 90 29 --- Kashkaval 151 EUR/100 kg 0
& /en 102
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0406 90 32 --- Feta 151 EUR/100 kg 0
0406 90 35 --- Kefalo-Tyri 151 EUR/100 kg 0
0406 90 37 --- Finlandia 151 EUR/100 kg 0
0406 90 39 --- Jarlsberg 151 EUR/100 kg 0
0406 90 50 ---- Cheese of sheep's milk or buffalo milk in containers 151 EUR/100 kg 0
containing brine, or in sheepskin or goatskin bottles
0406 90 61 ------- Grana Padano, Parmigiano Reggiano 188,2 EUR/100 kg 0
0406 90 63 ------- Fiore Sardo, Pecorino 188,2 EUR/100 kg 0
0406 90 69 ------- Other 188,2 EUR/100 kg 0
0406 90 73 ------- Provolone 151 EUR/100 kg 0
0406 90 74 ------- Maasdam 151 EUR/100 kg 0
0406 90 75 ------- Asiago, Caciocavallo, Montasio, Ragusano 151 EUR/100 kg 0
0406 90 76 ------- Danbo, Fontal, Fontina, Fynbo, Havarti, Maribo, Samsø 151 EUR/100 kg 0
0406 90 78 ------- Gouda 151 EUR/100 kg 0
& /en 103
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0406 90 79 ------- Esrom, Italico, Kernhem, Saint-Nectaire, Saint-Paulin, 151 EUR/100 kg 0
Taleggio
0406 90 81 ------- Cantal, Cheshire, Wensleydale, Lancashire, Double 151 EUR/100 kg 0
Gloucester, Blarney, Colby, Monterey
0406 90 82 ------- Camembert 151 EUR/100 kg 0
0406 90 84 ------- Brie 151 EUR/100 kg 0
0406 90 85 ------- Kefalograviera, Kasseri 151 EUR/100 kg 0
0406 90 86 -------- Exceeding 47 % but not exceeding 52 % 151 EUR/100 kg 0
0406 90 89 -------- Exceeding 52 % but not exceeding 62 % 151 EUR/100 kg 0
0406 90 92 -------- Exceeding 62 % but not exceeding 72 % 151 EUR/100 kg 0
0406 90 93 ------ Exceeding 72 % 185,2 EUR/100 kg 0
0406 90 99 ----- Other 221,2 EUR/100 kg 0
0407 11 00 -- Of fowls of the species Gallus domesticus 35 EUR/1 000 p/st E TRQ-EG
0407 19 11 ---- Of turkeys or geese 105 EUR/1 000 p/st E TRQ-EG
& /en 104
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0407 19 19 ---- Other 35 EUR/1 000 p/st E TRQ-EG
0407 19 90 --- Other 0 0 See Note 2
0407 21 00 -- Of fowls of the species Gallus domesticus 30,4 EUR/100 kg E TRQ-EG
0407 29 10 --- Of poultry, other than of fowls of the species Gallus 30,4 EUR/100 kg E TRQ-EG
domesticus
0407 29 90 --- Other 0 0 See Note 2
0407 90 10 -- Of poultry 30,4 EUR/100 kg E TRQ-EG
0407 90 90 -- Other 0 0 See Note 2
0408 11 20 --- Unfit for human consumption 0 0 See Note 2
0408 11 80 --- Other 142,3 EUR/100 kg E TRQ-EG
0408 19 20 --- Unfit for human consumption 0 0 See Note 2
0408 19 81 ---- Liquid 62 EUR/100 kg E TRQ-EG
0408 19 89 ---- Other, including frozen 66,3 EUR/100 kg E TRQ-EG
0408 91 20 --- Unfit for human consumption 0 0 See Note 2
& /en 105
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0408 91 80 --- Other 137,4 EUR/100 kg E TRQ-EG
0408 99 20 --- Unfit for human consumption 0 0 See Note 2
0408 99 80 --- Other 35,3 EUR/100 kg E TRQ-EG
0409 00 00 Natural honey 0 0 See Note 2
0410 00 00 Edible products of animal origin, not elsewhere specified or 0 0 See Note 2
included
0701 10 00 - Seed 0 0 See Note 2
0701 90 10 -- For the manufacture of starch 0 0 See Note 2
0701 90 50 --- New, from 1 January to 30 June 0 0 See Note 2
0701 90 90 --- Other 0 0 See Note 2
0702 00 00 Tomatoes, fresh or chilled 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0703 10 11 --- Sets 0 0 See Note 2
& /en 106
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0703 10 19 --- Other 0 0 See Note 2
0703 10 90 -- Shallots 0 0 See Note 2
0703 20 00 - Garlic 0 + 120 EUR/100 kg E TRQ-GC
0703 90 00 - Leeks and other alliaceous vegetables 0 0 See Note 2
0704 10 00 - Cauliflowers and headed broccoli: – –
-- From 15 April to 30 November 10,1 0
-- Other 6,1 0
0704 20 00 - Brussels sprouts 0 0 See Note 2
0704 90 10 -- White cabbages and red cabbages 8,5 0
0704 90 90 -- Other 0 0 See Note 2
0705 11 00 -- Cabbage lettuce (head lettuce): – –
--- From 1 April to 30 November 8,5 0
--- Other 6,9 0
0705 19 00 -- Other 0 0 See Note 2
& /en 107
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0705 21 00 -- Witloof chicory (Cichorium intybus var. foliosum) 0 0 See Note 2
0705 29 00 -- Other 0 0 See Note 2
0706 10 00 - Carrots and turnips 0 0 See Note 2
0706 90 10 -- Celeriac (rooted celery or German celery) 0 0 See Note 2
0706 90 30 -- Horseradish (Cochlearia armoracia) 0 0 See Note 2
0706 90 90 -- Other 0 0 See Note 2
0707 00 05 - Cucumbers 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0707 00 90 - Gherkins 0 0 See Note 2
0708 10 00 - Peas (Pisum sativum) 0 0 See Note 2
0708 20 00 - Beans (Vigna spp., Phaseolus spp.): – –
-- From 1 July to 30 September 10,1 0
-- Other 6,9 0
& /en 108
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0708 90 00 - Other leguminous vegetables 0 0 See Note 2
0709 20 00 - Asparagus 0 0 See Note 2
0709 30 00 - Aubergines (eggplants) 0 0 See Note 2
0709 40 00 - Celery other than celeriac 0 0 See Note 2
0709 51 00 -- Mushrooms of the genus Agaricus 0 0 See Note 2
0709 59 10 --- Chanterelles 0 0 See Note 2
0709 59 30 --- Flap mushrooms 0 0 See Note 2
0709 59 50 --- Truffles 0 0 See Note 2
0709 59 90 --- Other 0 0 See Note 2
0709 60 10 -- Sweet peppers 0 0 See Note 2
0709 60 91 --- Of the genus Capsicum, for the manufacture of capsicin or 0 0 See Note 2
capsicum oleoresin dyes
0709 60 95 --- For the industrial manufacture of essential oils or resinoids 0 0 See Note 2
0709 60 99 --- Other 0 0 See Note 2
& /en 109
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0709 70 00 - Spinach, New Zealand spinach and orache spinach (garden 0 0 See Note 2
spinach)
0709 91 00 -- Globe artichokes 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0709 92 10 --- For uses other than the production of oil 0 0 See Note 2
0709 92 90 --- Other 13,1 EUR/100 kg 7
0709 93 10 --- Courgettes 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0709 93 90 --- Other 0 0 See Note 2
0709 99 10 --- Salad vegetables, other than lettuce (Lactuca sativa) and 0 0 See Note 2
chicory (Cichorium spp.)
0709 99 20 --- Chard (or white beet) and cardoons 0 0 See Note 2
0709 99 40 --- Capers 0 0 See Note 2
& /en 110
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0709 99 50 --- Fennel 0 0 See Note 2
0709 99 60 --- Sweetcorn 9,4 EUR/100 kg 5
0709 99 90 --- Other 0 0 See Note 2
0710 10 00 - Potatoes 0 0 See Note 2
0710 21 00 -- Peas (Pisum sativum) 0 0 See Note 2
0710 22 00 -- Beans (Vigna spp., Phaseolus spp.) 0 0 See Note 2
0710 29 00 -- Other 0 0 See Note 2
0710 30 00 - Spinach, New Zealand spinach and orache spinach (garden 0 0 See Note 2
spinach)
0710 40 00 - Sweetcorn 1,6 + 9,4 EUR/100 kg/net eda 3
0710 80 10 -- Olives 0 0 See Note 2
0710 80 51 --- Sweet peppers 0 0 See Note 2
0710 80 59 --- Other 0 0 See Note 2
0710 80 61 --- Of the genus Agaricus 0 0 See Note 2
0710 80 69 --- Other 0 0 See Note 2
& /en 111
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0710 80 70 -- Tomatoes 0 0 See Note 2
0710 80 80 -- Globe artichokes 0 0 See Note 2
0710 80 85 -- Asparagus 0 0 See Note 2
0710 80 95 -- Other 0 0 See Note 2
0710 90 00 - Mixtures of vegetables 0 0 See Note 2
0711 20 10 -- For uses other than the production of oil 0 0 See Note 2
0711 20 90 -- Other 13,1 EUR/100 kg 7
0711 40 00 - Cucumbers and gherkins 0 0 See Note 2
0711 51 00 -- Mushrooms of the genus Agaricus 6,1 + 191 EUR/100 kg/net eda 7
0711 59 00 -- Other 0 0 See Note 2
0711 90 10 --- Fruits of the genus Capsicum or of the genus Pimenta, 0 0 See Note 2
excluding sweet peppers
0711 90 30 --- Sweetcorn 1,6 + 9,4 EUR/100 kg/net eda 3
0711 90 50 --- Onions 0 0 See Note 2
0711 90 70 --- Capers 0 0 See Note 2
& /en 112
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0711 90 80 --- Other 0 0 See Note 2
0711 90 90 -- Mixtures of vegetables 0 0 See Note 2
0712 20 00 - Onions 0 0 See Note 2
0712 31 00 -- Mushrooms of the genus Agaricus 0 0 See Note 2
0712 32 00 -- Wood ears (Auricularia spp.) 0 0 See Note 2
0712 33 00 -- Jelly fungi (Tremella spp.) 0 0 See Note 2
0712 39 00 -- Other 0 0 See Note 2
0712 90 05 -- Potatoes, whether or not cut or sliced but not further prepared 0 0 See Note 2
0712 90 11 --- Hybrids for sowing 0 0 See Note 2
0712 90 19 --- Other 9,4 EUR/100 kg 5
0712 90 30 -- Tomatoes 0 0 See Note 2
0712 90 50 -- Carrots 0 0 See Note 2
0712 90 90 -- Other 0 0 See Note 2
0713 10 10 -- For sowing 0 0 See Note 2
& /en 113
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0713 10 90 -- Other 0 0 See Note 2
0713 20 00 - Chickpeas (garbanzos) 0 0 See Note 2
0713 31 00 -- Beans of the species Vigna mungo (L.) Hepper or Vigna 0 0 See Note 2
radiata (L.) Wilczek
0713 32 00 -- Small red (Adzuki) beans (Phaseolus or Vigna angularis) 0 0 See Note 2
0713 33 10 --- For sowing 0 0 See Note 2
0713 33 90 --- Other 0 0 See Note 2
0713 34 00 -- Bambara beans (Vigna subterranea or Voandzeia subterranea) 0 0 See Note 2
0713 35 00 -- Cow peas (Vigna unguiculata) 0 0 See Note 2
0713 39 00 -- Other 0 0 See Note 2
0713 40 00 - Lentils 0 0 See Note 2
0713 50 00 - Broad beans (Vicia faba var. major) and horse beans (Vicia 0 0 See Note 2
faba var. equina, Vicia faba var. minor)
0713 60 00 - Pigeon peas (Cajanus cajan) 0 0 See Note 2
& /en 114
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0713 90 00 - Other 0 0 See Note 2
0714 10 00 - Manioc (cassava) 9,5 EUR/100 kg 5
0714 20 10 -- Fresh, whole, intended for human consumption 0 0 See Note 2
0714 20 90 -- Other 4,4 EUR/100 kg 0
0714 30 00 - Yams (Dioscorea spp.) 9,5 EUR/100 kg 5
0714 40 00 - Taro (Colocasia spp.) 9,5 EUR/100 kg 5
0714 50 00 - Yautia (Xanthosoma spp.) 9,5 EUR/100 kg 5
0714 90 20 -- Arrowroot, salep and similar roots and tubers with high starch 9,5 EUR/100 kg 5
content
0714 90 90 -- Other 0 0 See Note 2
0801 11 00 -- Desiccated 0 0 See Note 2
0801 12 00 -- In the inner shell (endocarp) 0 0 See Note 2
0801 19 00 -- Other 0 0 See Note 2
0801 21 00 -- In shell 0 0 See Note 2
& /en 115
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0801 22 00 -- Shelled 0 0 See Note 2
0801 31 00 -- In shell 0 0 See Note 2
0801 32 00 -- Shelled 0 0 See Note 2
0802 11 10 --- Bitter 0 0 See Note 2
0802 11 90 --- Other 0 0 See Note 2
0802 12 10 --- Bitter 0 0 See Note 2
0802 12 90 --- Other 0 0 See Note 2
0802 21 00 -- In shell 0 0 See Note 2
0802 22 00 -- Shelled 0 0 See Note 2
0802 31 00 -- In shell 0 0 See Note 2
0802 32 00 -- Shelled 0 0 See Note 2
0802 41 00 -- In shell 0 0 See Note 2
0802 42 00 -- Shelled 0 0 See Note 2
0802 51 00 -- In shell 0 0 See Note 2
& /en 116
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0802 52 00 -- Shelled 0 0 See Note 2
0802 61 00 -- In shell 0 0 See Note 2
0802 62 00 -- Shelled 0 0 See Note 2
0802 70 00 - Kola nuts (Cola spp.) 0 0 See Note 2
0802 80 00 - Areca nuts 0 0 See Note 2
0802 90 10 -- Pecans 0 0 See Note 2
0802 90 50 -- Pine nuts (Pinus spp.) 0 0 See Note 2
0802 90 85 -- Other 0 0 See Note 2
0803 10 10 -- Fresh 0 0 See Note 2
0803 10 90 -- Dried 0 0 See Note 2
0803 90 10 -- Fresh 117 EUR/1 000 kg E
0803 90 90 -- Dried 0 0 See Note 2
0804 10 00 - Dates 0 0 See Note 2
& /en 117
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0804 20 10 -- Fresh 0 0 See Note 2
0804 20 90 -- Dried 0 0 See Note 2
0804 30 00 - Pineapples 0 0 See Note 2
0804 40 00 - Avocados 0 0 See Note 2
0804 50 00 - Guavas, mangoes and mangosteens 0 0 See Note 2
0805 10 22 --- Navel oranges: – –
---- From 1 June to 30 November 0 0 See Note 2
---- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0805 10 24 --- White oranges: – –
---- From 1 June to 30 November 0 0 See Note 2
---- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
& /en 118
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0805 10 28 --- Other: – –
---- From 1 June to 30 November 0 0 See Note 2
---- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0805 10 80 -- Other 0 0 See Note 2
0805 21 10 --- Satsumas: – –
---- From 1 March to 31 October 0 0 See Note 2
---- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0805 21 90 --- Other: – –
---- From 1 March to 31 October 0 0 See Note 2
---- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
& /en 119
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0805 22 00 -- Clementines: – –
--- From 1 March to 31 October 0 0 See Note 2
--- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0805 29 00 -- Other: – –
--- From 1 March to 31 October 0 0 See Note 2
--- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0805 40 00 - Grapefruit, including pomelos 0 0 See Note 2
0805 50 10 -- Lemons (Citrus limon, Citrus limonum) 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0805 50 90 -- Limes (Citrus aurantifolia, Citrus latifolia) 0 0 See Note 2
0805 90 00 - Other 0 0 See Note 2
& /en 120
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0806 10 10 -- Table grapes: – –
--- From 21 July to 20 November 0 % + specific duty 0+EP See Note 3
component of the entry price
system
--- Other 0 0 See Note 2
0806 10 90 -- Other 0 0 See Note 2
0806 20 10 -- Currants 0 0 See Note 2
0806 20 30 -- Sultanas 0 0 See Note 2
0806 20 90 -- Other 0 0 See Note 2
0807 11 00 -- Watermelons 0 0 See Note 2
0807 19 00 -- Other 0 0 See Note 2
0807 20 00 - Papaws (papayas) 0 0 See Note 2
0808 10 10 -- Cider apples, in bulk, from 16 September to 15 December 0 0 See Note 2
0808 10 80 -- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
& /en 121
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0808 30 10 -- Perry pears, in bulk, from 1 August to 31 December 0 0 See Note 2
0808 30 90 -- Other: – –
--- From 1 May to 30 June 0 0 See Note 2
--- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
0808 40 00 - Quinces 0 0 See Note 2
0809 10 00 - Apricots: – –
-- From 1 June to 31 July 0 % + specific duty 0+EP See Note 3
component of the entry price
system
-- Other 0 0 See Note 2
0809 21 00 -- Sour cherries (Prunus cerasus): – –
--- From 21 May to 10 August 0 % + specific duty 0+EP See Note 3
component of the entry price
system
& /en 122
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
--- Other 0 0 See Note 2
0809 29 00 -- Other: – –
--- From 21 May to 10 August 0 % + specific duty 0+EP See Note 3
component of the entry price
system
--- Other 0 0 See Note 2
0809 30 10 -- Nectarines: – –
--- From 11 June to 30 September 0 % + specific duty 0+EP See Note 3
component of the entry price
system
--- Other 0 0 See Note 2
0809 30 90 -- Other: – –
--- From 11 June to 30 September 0 % + specific duty 0+EP See Note 3
component of the entry price
system
--- Other 0 0 See Note 2
& /en 123
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0809 40 05 -- Plums: – –
--- From 11 June to 30 September 0 % + specific duty 0+EP See Note 3
component of the entry price
system
--- Other 0 0 See Note 2
0809 40 90 -- Sloes 0 0 See Note 2
0810 10 00 - Strawberries 0 0 See Note 2
0810 20 10 -- Raspberries 0 0 See Note 2
0810 20 90 -- Other 0 0 See Note 2
0810 30 10 -- Blackcurrants 0 0 See Note 2
0810 30 30 -- Redcurrants 0 0 See Note 2
0810 30 90 -- Other 0 0 See Note 2
0810 40 10 -- Cowberries, foxberries or mountain cranberries (fruit of the 0 0 See Note 2
species Vaccinium vitis-idaea)
0810 40 30 -- Fruit of the species Vaccinium myrtillus 0 0 See Note 2
& /en 124
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0810 40 50 -- Fruit of the species Vaccinium macrocarpon and Vaccinium 0 0 See Note 2
corymbosum
0810 40 90 -- Other 0 0 See Note 2
0810 50 00 - Kiwifruit 0 0 See Note 2
0810 60 00 - Durians 0 0 See Note 2
0810 70 00 - Persimmons 0 0 See Note 2
0810 90 20 -- Tamarinds, cashew apples, lychees, jackfruit, sapodilla plums, 0 0 See Note 2
passion fruit, carambola and pitahaya
0810 90 75 -- Other 0 0 See Note 2
0811 10 11 --- With a sugar content exceeding 13 % by weight 20,8 + 8,4 EUR/100 kg 5
0811 10 19 --- Other 0 0 See Note 2
0811 10 90 -- Other 0 0 See Note 2
0811 20 11 --- With a sugar content exceeding 13 % by weight 17,3 + 8,4 EUR/100 kg 5
0811 20 19 --- Other 0 0 See Note 2
& /en 125
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0811 20 31 --- Raspberries 0 0 See Note 2
0811 20 39 --- Blackcurrants 0 0 See Note 2
0811 20 51 --- Redcurrants 0 0 See Note 2
0811 20 59 --- Blackberries and mulberries 0 0 See Note 2
0811 20 90 --- Other 0 0 See Note 2
0811 90 11 ---- Tropical fruit and tropical nuts 9,5 + 5,3 EUR/100 kg 0
0811 90 19 ---- Other 17,3 + 8,4 EUR/100 kg 5
0811 90 31 ---- Tropical fruit and tropical nuts 0 0 See Note 2
0811 90 39 ---- Other 0 0 See Note 2
0811 90 50 --- Fruit of the species Vaccinium myrtillus 0 0 See Note 2
0811 90 70 --- Fruit of the species Vaccinium myrtilloides and Vaccinium 0 0 See Note 2
angustifolium
0811 90 75 ---- Sour cherries (Prunus cerasus) 0 0 See Note 2
0811 90 80 ---- Other 0 0 See Note 2
& /en 126
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0811 90 85 --- Tropical fruit and tropical nuts 0 0 See Note 2
0811 90 95 --- Other 0 0 See Note 2
0812 10 00 - Cherries 0 0 See Note 2
0812 90 25 -- Apricots; oranges 0 0 See Note 2
0812 90 30 -- Papaws (papayas) 0 0 See Note 2
0812 90 40 -- Fruit of the species Vaccinium myrtillus 0 0 See Note 2
0812 90 70 -- Guavas, mangoes, mangosteens, tamarinds, cashew apples, 0 0 See Note 2
lychees, jackfruit, sapodillo plums, passion fruit, carambola,
pitahaya and tropical nuts
0812 90 98 -- Other 0 0 See Note 2
0813 10 00 - Apricots 0 0 See Note 2
0813 20 00 - Prunes 0 0 See Note 2
0813 30 00 - Apples 0 0 See Note 2
0813 40 10 -- Peaches, including nectarines 0 0 See Note 2
& /en 127
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0813 40 30 -- Pears 0 0 See Note 2
0813 40 50 -- Papaws (papayas) 0 0 See Note 2
0813 40 65 -- Tamarinds, cashew apples, lychees, jackfruit, sapodillo plums, 0 0 See Note 2
passion fruit, carambola and pitahaya
0813 40 95 -- Other 0 0 See Note 2
0813 50 12 ---- Of papaws (papayas), tamarinds, cashew apples, lychees, 0 0 See Note 2
jackfruit, sapodillo plums, passion fruit, carambola and pitahaya
0813 50 15 ---- Other 0 0 See Note 2
0813 50 19 --- Containing prunes 0 0 See Note 2
0813 50 31 --- Of tropical nuts 0 0 See Note 2
0813 50 39 --- Other 0 0 See Note 2
0813 50 91 --- Not containing prunes or figs 0 0 See Note 2
0813 50 99 --- Other 0 0 See Note 2
& /en 128
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
0814 00 00 Peel of citrus fruit or melons (including watermelons), fresh, 0 0 See Note 2
frozen, dried or provisionally preserved in brine, in sulphur water
or in other preservative solutions
1001 11 00 -- Seed 148 EUR/1 000 kg 7
1001 19 00 -- Other 148 EUR/1 000 kg 7
1001 91 10 --- Spelt 0 0 See Note 2
1001 91 20 --- Common wheat and meslin 95 EUR/1 000 kg 7
1001 91 90 --- Other 95 EUR/1 000 kg 7
1001 99 00 -- Other 95 EUR/1 000 kg 7
1002 10 00 - Seed 93 EUR/1 000 kg 7
1002 90 00 - Other 93 EUR/1 000 kg 7
1003 10 00 - Seed 93 EUR/1 000 kg 7
1003 90 00 - Other 93 EUR/1 000 kg 7
1004 10 00 - Seed 89 EUR/1 000 kg 7
1004 90 00 - Other 89 EUR/1 000 kg 7
& /en 129
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1005 10 13 --- Three-cross hybrids 0 0 See Note 2
1005 10 15 --- Simple hybrids 0 0 See Note 2
1005 10 18 --- Other 0 0 See Note 2
1005 10 90 -- Other 94 EUR/1 000 kg 7
1005 90 00 - Other 94 EUR/1 000 kg 7
1006 10 10 -- For sowing 0 0 See Note 2
1006 10 30 --- Round grain 211 EUR/1 000 kg E
1006 10 50 --- Medium grain 211 EUR/1 000 kg E
1006 10 71 ---- Of a length/width ratio greater than 2 but less than 3 211 EUR/1 000 kg E
1006 10 79 ---- Of a length/width ratio equal to or greater than 3 211 EUR/1 000 kg E
1006 20 11 --- Round grain 65 EUR/1 000 kg E
1006 20 13 --- Medium grain 65 EUR/1 000 kg E
1006 20 15 ---- Of a length/width ratio greater than 2 but less than 3 65 EUR/1 000 kg E
& /en 130
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1006 20 17 ---- Of a length/width ratio equal to or greater than 3 65 EUR/1 000 kg E
1006 20 92 --- Round grain 65 EUR/1 000 kg E
1006 20 94 --- Medium grain 65 EUR/1 000 kg E
1006 20 96 ---- Of a length/width ratio greater than 2 but less than 3 65 EUR/1 000 kg E
1006 20 98 ---- Of a length/width ratio equal to or greater than 3 65 EUR/1 000 kg E
1006 30 21 ---- Round grain 175 EUR/1 000 kg E
1006 30 23 ---- Medium grain 175 EUR/1 000 kg E
1006 30 25 ----- Of a length/width ratio greater than 2 but less than 3 175 EUR/1 000 kg E
1006 30 27 ----- Of a length/width ratio equal to or greater than 3 175 EUR/1 000 kg E
1006 30 42 ---- Round grain 175 EUR/1 000 kg E
1006 30 44 ---- Medium grain 175 EUR/1 000 kg E
1006 30 46 ----- Of a length/width ratio greater than 2 but less than 3 175 EUR/1 000 kg E
1006 30 48 ----- Of a length/width ratio equal to or greater than 3 175 EUR/1 000 kg E
& /en 131
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1006 30 61 ---- Round grain 175 EUR/1 000 kg E
1006 30 63 ---- Medium grain 175 EUR/1 000 kg E
1006 30 65 ----- Of a length/width ratio greater than 2 but less than 3 175 EUR/1 000 kg E
1006 30 67 ----- Of a length/width ratio equal to or greater than 3 175 EUR/1 000 kg E
1006 30 92 ---- Round grain 175 EUR/1 000 kg E
1006 30 94 ---- Medium grain 175 EUR/1 000 kg E
1006 30 96 ----- Of a length/width ratio greater than 2 but less than 3 175 EUR/1 000 kg E
1006 30 98 ----- Of a length/width ratio equal to or greater than 3 175 EUR/1 000 kg E
1006 40 00 - Broken rice 65 EUR/1 000 kg E
1007 10 10 -- Hybrids 0 0 See Note 2
1007 10 90 -- Other 94 EUR/1 000 kg 7
1007 90 00 - Other 94 EUR/1 000 kg 7
1008 10 00 - Buckwheat 37 EUR/1 000 kg 7
& /en 132
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1008 21 00 -- Seed 56 EUR/1 000 kg 7
1008 29 00 -- Other 56 EUR/1 000 kg 7
1008 30 00 - Canary seed 0 0 See Note 2
1008 40 00 - Fonio (Digitaria spp.) 37 EUR/1 000 kg 7
1008 50 00 - Quinoa (Chenopodium quinoa) 25,9 EUR/1 000 kg 3
1008 60 00 - Triticale 93 EUR/1 000 kg 7
1008 90 00 - Other cereals 37 EUR/1 000 kg 7
1101 00 11 -- Of durum wheat 172 EUR/1 000 kg 7
1101 00 15 -- Of common wheat and spelt 172 EUR/1 000 kg 7
1101 00 90 - Meslin flour 172 EUR/1 000 kg 7
1102 20 10 -- Of a fat content not exceeding 1,5 % by weight 173 EUR/1 000 kg 7
1102 20 90 -- Other 98 EUR/1 000 kg 7
1102 90 10 -- Barley flour 171 EUR/1 000 kg 7
& /en 133
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1102 90 30 -- Oat flour 164 EUR/1 000 kg 7
1102 90 50 -- Rice flour 138 EUR/1 000 kg 7
1102 90 70 -- Rye flour 168 EUR/1 000 kg 7
1102 90 90 -- Other 98 EUR/1 000 kg 7
1103 11 10 --- Durum wheat 267 EUR/1 000 kg 7
1103 11 90 --- Common wheat and spelt 186 EUR/1 000 kg 7
1103 13 10 --- Of a fat content not exceeding 1,5 % by weight 173 EUR/1 000 kg 7
1103 13 90 --- Other 98 EUR/1 000 kg 7
1103 19 20 --- Of rye or barley 171 EUR/1 000 kg 7
1103 19 40 --- Of oats 164 EUR/1 000 kg 7
1103 19 50 --- Of rice 138 EUR/1 000 kg 7
1103 19 90 --- Other 98 EUR/1 000 kg 7
1103 20 25 -- Of rye or barley 171 EUR/1 000 kg 7
& /en 134
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1103 20 30 -- Of oats 164 EUR/1 000 kg 7
1103 20 40 -- Of maize 173 EUR/1 000 kg 7
1103 20 50 -- Of rice 138 EUR/1 000 kg 7
1103 20 60 -- Of wheat 175 EUR/1 000 kg 7
1103 20 90 -- Other 98 EUR/1 000 kg 7
1104 12 10 --- Rolled 93 EUR/1 000 kg 3 TRQ-PC
1104 12 90 --- Flaked 182 EUR/1 000 kg 3 TRQ-PC
1104 19 10 --- Of wheat 175 EUR/1 000 kg 3 TRQ-PC
1104 19 30 --- Of rye 171 EUR/1 000 kg 3 TRQ-PC
1104 19 50 --- Of maize 173 EUR/1 000 kg 3 TRQ-PC
1104 19 61 ---- Rolled 97 EUR/1 000 kg 3 TRQ-PC
1104 19 69 ---- Flaked 189 EUR/1 000 kg 3 TRQ-PC
1104 19 91 ---- Flaked rice 234 EUR/1 000 kg 3 TRQ-PC
1104 19 99 ---- Other 173 EUR/1 000 kg 3 TRQ-PC
& /en 135
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1104 22 40 --- Hulled (shelled or husked), whether or not sliced or kibbled 162 EUR/1 000 kg 3 TRQ-PC
1104 22 50 --- Pearled 145 EUR/1 000 kg 3 TRQ-PC
1104 22 95 --- Other 93 EUR/1 000 kg 3 TRQ-PC
1104 23 40 --- Hulled (shelled or husked), whether or not sliced or kibbled; 152 EUR/1 000 kg 3 TRQ-PC
pearled
1104 23 98 --- Other 98 EUR/1 000 kg 3 TRQ-PC
1104 29 04 ---- Hulled (shelled or husked), whether or not sliced or kibbled 150 EUR/1 000 kg 3 TRQ-PC
1104 29 05 ---- Pearled 236 EUR/1 000 kg 3 TRQ-PC
1104 29 08 ---- Other 97 EUR/1 000 kg 3 TRQ-PC
1104 29 17 ---- Hulled (shelled or husked), whether or not sliced or kibbled 129 EUR/1 000 kg 3 TRQ-PC
1104 29 30 ---- Pearled 154 EUR/1 000 kg 3 TRQ-PC
1104 29 51 ----- Of wheat 99 EUR/1 000 kg 3 TRQ-PC
1104 29 55 ----- Of rye 97 EUR/1 000 kg 3 TRQ-PC
1104 29 59 ----- Other 98 EUR/1 000 kg 3 TRQ-PC
& /en 136
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1104 29 81 ----- Of wheat 99 EUR/1 000 kg 3 TRQ-PC
1104 29 85 ----- Of rye 97 EUR/1 000 kg 3 TRQ-PC
1104 29 89 ----- Other 98 EUR/1 000 kg 3 TRQ-PC
1104 30 10 -- Of wheat 76 EUR/1 000 kg 3 TRQ-PC
1104 30 90 -- Of other cereals 75 EUR/1 000 kg 3 TRQ-PC
1105 10 00 - Flour, meal and powder 0 0 See Note 2
1105 20 00 - Flakes, granules and pellets 0 0 See Note 2
1106 10 00 - Of the dried leguminous vegetables of heading 0713 0 0 See Note 2
1106 20 10 -- Denatured 95 EUR/1 000 kg 5
1106 20 90 -- Other 166 EUR/1 000 kg 5
1106 30 10 -- Of bananas 0 0 See Note 2
1106 30 90 -- Other 0 0 See Note 2
1107 10 11 --- In the form of flour 177 EUR/1 000 kg 5
1107 10 19 --- Other 134 EUR/1 000 kg 5
& /en 137
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1107 10 91 --- In the form of flour 173 EUR/1 000 kg 5
1107 10 99 --- Other 131 EUR/1 000 kg 5
1107 20 00 - Roasted 152 EUR/1 000 kg 5
1108 11 00 -- Wheat starch 224 EUR/1 000 kg E TRQ-SH
1108 12 00 -- Maize (corn) starch 166 EUR/1 000 kg E TRQ-SH
1108 13 00 -- Potato starch 166 EUR/1 000 kg E TRQ-SH
1108 14 00 -- Manioc (cassava) starch 166 EUR/1 000 kg E TRQ-SH
1108 19 10 --- Rice starch 216 EUR/1 000 kg E TRQ-SH
1108 19 90 --- Other 166 EUR/1 000 kg E TRQ-SH
1108 20 00 - Inulin 0 0 See Note 2
1109 00 00 Wheat gluten, whether or not dried 512 EUR/1 000 kg E TRQ-SH
1201 10 00 - Seed 0 0 See Note 2
1201 90 00 - Other 0 0 See Note 2
& /en 138
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1202 30 00 - Seed 0 0 See Note 2
1202 41 00 -- In shell 0 0 See Note 2
1202 42 00 -- Shelled, whether or not broken 0 0 See Note 2
1203 00 00 Copra 0 0 See Note 2
1204 00 10 - For sowing 0 0 See Note 2
1204 00 90 - Other 0 0 See Note 2
1205 10 10 -- For sowing 0 0 See Note 2
1205 10 90 -- Other 0 0 See Note 2
1205 90 00 - Other 0 0 See Note 2
1206 00 10 - For sowing 0 0 See Note 2
1206 00 91 -- Shelled; in grey-and-white-striped shell 0 0 See Note 2
1206 00 99 -- Other 0 0 See Note 2
1207 10 00 - Palm nuts and kernels 0 0 See Note 2
1207 21 00 -- Seed 0 0 See Note 2
1207 29 00 -- Other 0 0 See Note 2
& /en 139
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1207 30 00 - Castor oil seeds 0 0 See Note 2
1207 40 10 -- Seed 0 0 See Note 2
1207 40 90 -- Other 0 0 See Note 2
1207 50 10 -- Seed 0 0 See Note 2
1207 50 90 -- Other 0 0 See Note 2
1207 60 00 - Safflower (Carthamus tinctorius) seeds 0 0 See Note 2
1207 70 00 - Melon seeds 0 0 See Note 2
1207 91 10 --- Seed 0 0 See Note 2
1207 91 90 --- Other 0 0 See Note 2
1207 99 20 --- Seed 0 0 See Note 2
1207 99 91 ---- Hemp seeds 0 0 See Note 2
1207 99 96 ---- Other 0 0 See Note 2
1208 10 00 - Of soya beans 0 0 See Note 2
1208 90 00 - Other 0 0 See Note 2
& /en 140
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1209 10 00 - Sugar beet seeds 0 0 See Note 2
1209 21 00 -- Lucerne (alfalfa) seeds 0 0 See Note 2
1209 22 10 --- Red clover (Trifolium pratense L.) 0 0 See Note 2
1209 22 80 --- Other 0 0 See Note 2
1209 23 11 --- Meadow fescue (Festuca pratensis Huds.) seeds 0 0 See Note 2
1209 23 15 --- Red fescue (Festuca rubra L.) seeds 0 0 See Note 2
1209 23 80 --- Other 0 0 See Note 2
1209 24 00 -- Kentucky blue grass (Poa pratensis L.) seeds 0 0 See Note 2
1209 25 10 --- Italian ryegrass (including westerwolds) (Lolium multiflorum 0 0 See Note 2
Lam.)
1209 25 90 --- Perennial ryegrass (Lolium perenne L.) 0 0 See Note 2
1209 29 45 --- Timothy grass seed; vetch seed; seeds of the genus Poa (Poa 0 0 See Note 2
palustris L., Poa trivialis L.); cocksfoot grass (Dactylis
glomerata L.); bent grass (Agrostis)
& /en 141
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1209 29 50 --- Lupine seed 0 0 See Note 2
1209 29 60 --- Fodder beet seed (Beta vulgaris var. alba) 0 0 See Note 2
1209 29 80 --- Other 0 0 See Note 2
1209 30 00 - Seeds of herbaceous plants cultivated principally for their 0 0 See Note 2
flowers
1209 91 30 --- Salad beet seed or beetroot seed (Beta vulgaris var. conditiva) 0 0 See Note 2
1209 91 80 --- Other 0 0 See Note 2
1209 99 10 --- Forest-tree seeds 0 0 See Note 2
1209 99 91 ---- Seeds of plants cultivated principally for their flowers, other 0 0 See Note 2
than those of subheading 1209 30
1209 99 99 ---- Other 0 0 See Note 2
1210 10 00 - Hop cones, neither ground nor powdered nor in the form of 0 0 See Note 2
pellets
1210 20 10 -- Hop cones, ground, powdered or in the form of pellets, with 0 0 See Note 2
higher lupulin content; lupulin
& /en 142
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1210 20 90 -- Other 0 0 See Note 2
1211 20 00 - Ginseng roots 0 0 See Note 2
1211 30 00 - Coca leaf 0 0 See Note 2
1211 40 00 - Poppy straw 0 0 See Note 2
1211 50 00 - Ephedra 0 0 See Note 2
1211 90 30 -- Tonquin beans 0 0 See Note 2
1211 90 86 -- Other 0 0 See Note 2
1212 21 00 -- Fit for human consumption 0 0 See Note 2
1212 29 00 -- Other 0 0 See Note 2
1212 91 20 --- Dried, whether or not ground 23 EUR/100 kg 5
1212 91 80 --- Other 6,7 EUR/100 kg 5
1212 92 00 -- Locust beans (carob) 0 0 See Note 2
1212 93 00 -- Sugar cane 4,6 EUR/100 kg 5
1212 94 00 -- Chicory roots 0 0 See Note 2
& /en 143
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1212 99 41 ---- Not decorticated, crushed or ground 0 0 See Note 2
1212 99 49 ---- Other 0 0 See Note 2
1212 99 95 --- Other 0 0 See Note 2
1213 00 00 Cereal straw and husks, unprepared, whether or not chopped, 0 0 See Note 2
ground, pressed or in the form of pellets
1214 10 00 - Lucerne (alfalfa) meal and pellets 0 0 See Note 2
1214 90 10 -- Mangolds, swedes and other fodder roots 0 0 See Note 2
1214 90 90 -- Other 0 0 See Note 2
1301 20 00 - Gum Arabic 0 0 See Note 2
1301 90 00 - Other 0 0 See Note 2
1302 11 00 -- Opium 0 0 See Note 2
1302 12 00 -- Of liquorice 0 0 See Note 2
1302 13 00 -- Of hops 0 0 See Note 2
1302 14 00 -- Of ephedra 0 0 See Note 2
& /en 144
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1302 19 05 --- Vanilla oleoresin 0 0 See Note 2
1302 19 70 --- Other 0 0 See Note 2
1302 20 10 -- Dry 9,6 0
1302 20 90 -- Other 5,6 0
1302 31 00 -- Agar-agar 0 0 See Note 2
1302 32 10 --- Of locust beans or locust bean seeds 0 0 See Note 2
1302 32 90 --- Of guar seeds 0 0 See Note 2
1302 39 00 -- Other 0 0 See Note 2
1501 10 10 -- For industrial uses other than the manufacture of foodstuffs for 0 0 See Note 2
human consumption
1501 10 90 -- Other 17,2 EUR/100 kg 7
1501 20 10 -- For industrial uses other than the manufacture of foodstuffs for 0 0 See Note 2
human consumption
1501 20 90 -- Other 17,2 EUR/100 kg 7
1501 90 00 - Other 0 0 See Note 2
& /en 145
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1502 10 10 -- For industrial uses other than the manufacture of foodstuffs for 0 0 See Note 2
human consumption
1502 10 90 -- Other 0 0 See Note 2
1502 90 10 -- For industrial uses other than the manufacture of foodstuffs for 0 0 See Note 2
human consumption
1502 90 90 -- Other 0 0 See Note 2
1503 00 11 -- For industrial uses 0 0 See Note 2
1503 00 19 -- Other 0 0 See Note 2
1503 00 30 - Tallow oil for industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1503 00 90 - Other 0 0 See Note 2
1504 10 10 -- Of a vitamin A content not exceeding 2 500 International Units 0 0 See Note 2
per gram
1504 10 91 --- Of halibut 0 0 See Note 2
1504 10 99 --- Other 0 0 See Note 2
& /en 146
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1504 20 10 -- Solid fractions 0 0 See Note 2
1504 20 90 -- Other 0 0 See Note 2
1504 30 10 -- Solid fractions 0 0 See Note 2
1504 30 90 -- Other 0 0 See Note 2
1505 00 10 - Wool grease, crude 0 0 See Note 2
1505 00 90 - Other 0 0 See Note 2
1506 00 00 Other animal fats and oils and their fractions, whether or not 0 0 See Note 2
refined, but not chemically modified
1507 10 10 -- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1507 10 90 -- Other 0 0 See Note 2
1507 90 10 -- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1507 90 90 -- Other 0 0 See Note 2
& /en 147
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1508 10 10 -- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1508 10 90 -- Other 0 0 See Note 2
1508 90 10 -- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1508 90 90 -- Other 0 0 See Note 2
1509 10 10 -- Lampante olive oil 122,6 EUR/100 kg E TRQ-OL
1509 10 20 -- Extra virgin olive oil 124,5 EUR/100 kg E TRQ-OL
1509 10 80 -- Other 124,5 EUR/100 kg E TRQ-OL
1509 90 00 - Other 134,6 EUR/100 kg E TRQ-OL
1510 00 10 - Crude oils 110,2 EUR/100 kg E TRQ-OL
1510 00 90 - Other 160,3 EUR/100 kg E TRQ-OL
1511 10 10 -- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1511 10 90 -- Other 0 0 See Note 2
& /en 148
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1511 90 11 --- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
1511 90 19 --- Other 0 0 See Note 2
1511 90 91 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1511 90 99 --- Other 0 0 See Note 2
1512 11 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1512 11 91 ---- Sunflower-seed oil 0 0 See Note 2
1512 11 99 ---- Safflower oil 0 0 See Note 2
1512 19 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1512 19 90 --- Other 0 0 See Note 2
1512 21 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1512 21 90 --- Other 0 0 See Note 2
& /en 149
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1512 29 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1512 29 90 --- Other 0 0 See Note 2
1513 11 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1513 11 91 ---- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
1513 11 99 ---- Other 0 0 See Note 2
1513 19 11 ---- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
1513 19 19 ---- Other 0 0 See Note 2
1513 19 30 ---- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1513 19 91 ----- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
1513 19 99 ----- Other 0 0 See Note 2
1513 21 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
& /en 150
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1513 21 30 ---- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
1513 21 90 ---- Other 0 0 See Note 2
1513 29 11 ---- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
1513 29 19 ---- Other 0 0 See Note 2
1513 29 30 ---- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1513 29 50 ----- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
1513 29 90 ----- Other 0 0 See Note 2
1514 11 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1514 11 90 --- Other 0 0 See Note 2
1514 19 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1514 19 90 --- Other 0 0 See Note 2
& /en 151
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1514 91 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1514 91 90 --- Other 0 0 See Note 2
1514 99 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1514 99 90 --- Other 0 0 See Note 2
1515 11 00 -- Crude oil 0 0 See Note 2
1515 19 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1515 19 90 --- Other 0 0 See Note 2
1515 21 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1515 21 90 --- Other 0 0 See Note 2
1515 29 10 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
& /en 152
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1515 29 90 --- Other 0 0 See Note 2
1515 30 10 -- For the production of aminoundecanoic acid for use in the 0 0 See Note 2
manufacture of synthetic textile fibres or of artificial plastic
materials
1515 30 90 -- Other 0 0 See Note 2
1515 50 11 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1515 50 19 --- Other 0 0 See Note 2
1515 50 91 --- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1515 50 99 --- Other 0 0 See Note 2
1515 90 11 -- Tung oil; jojoba and oiticica oils; myrtle wax and Japan wax; 0 0 See Note 2
their fractions
1515 90 21 ---- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1515 90 29 ---- Other 0 0 See Note 2
& /en 153
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1515 90 31 ---- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1515 90 39 ---- Other 0 0 See Note 2
1515 90 40 ---- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1515 90 51 ----- Solid, in immediate packings of a net content not 0 0 See Note 2
exceeding 1 kg
1515 90 59 ----- Solid, other; fluid 0 0 See Note 2
1515 90 60 ---- For technical or industrial uses other than the manufacture of 0 0 See Note 2
foodstuffs for human consumption
1515 90 91 ----- Solid, in immediate packings of a net content not 0 0 See Note 2
exceeding 1 kg
1515 90 99 ----- Solid, other; fluid 0 0 See Note 2
1516 10 10 -- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
1516 10 90 -- Other 0 0 See Note 2
& /en 154
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1516 20 10 -- Hydrogenated castor oil, so called "opal-wax" 0 0 See Note 2
1516 20 91 --- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
1516 20 95 ---- Colza, linseed, rapeseed, sunflower-seed, illipe, karite, 0 0 See Note 2
makore, touloucouna or babassu oils, for technical or industrial
uses other than the manufacture of foodstuffs for human
consumption
1516 20 96 ----- Groundnut, cotton-seed, soya-bean or sunflower-seed oils; 0 0 See Note 2
other oils containing less than 50 % by weight of free fatty acids
and excluding palm kernel, illipe, coconut, colza, rapeseed or
copaiba oils
1516 20 98 ----- Other 0 0 See Note 2
1517 10 10 -- Containing, by weight, more than 10 % but not more 0 + 28,4 EUR/100 kg 0
than 15 % of milkfats
1517 10 90 -- Other 0 0 See Note 2
1517 90 10 -- Containing, by weight, more than 10 % but not more 0 + 28,4 EUR/100 kg 0
than 15 % of milkfats
& /en 155
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1517 90 91 --- Fixed vegetable oils, fluid, mixed 0 0 See Note 2
1517 90 93 --- Edible mixtures or preparations of a kind used as 0 0 See Note 2
mould-release preparations
1517 90 99 --- Other 0 0 See Note 2
1518 00 10 - Linoxyn 0 0 See Note 2
1518 00 31 -- Crude 0 0 See Note 2
1518 00 39 -- Other 0 0 See Note 2
1518 00 91 -- Animal or vegetable fats and oils and their fractions, boiled, 0 0 See Note 2
oxidised, dehydrated, sulphurised, blown, polymerised by heat in
vacuum or in inert gas or otherwise chemically modified,
excluding those of heading 1516
1518 00 95 --- Inedible mixtures or preparations of animal or of animal and 0 0 See Note 2
vegetable fats and oils and their fractions
1518 00 99 --- Other 0 0 See Note 2
1520 00 00 Glycerol, crude; glycerol waters and glycerol lyes 0 0 See Note 2
1521 10 00 - Vegetable waxes 0 0 See Note 2
& /en 156
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1521 90 10 -- Spermaceti, whether or not refined or coloured 0 0 See Note 2
1521 90 91 --- Raw 0 0 See Note 2
1521 90 99 --- Other 0 0 See Note 2
1522 00 10 - Degras 0 0 See Note 2
1522 00 31 --- Soapstocks 29,9 EUR/100 kg 5
1522 00 39 --- Other 47,8 EUR/100 kg 5
1522 00 91 --- Oil foots and dregs; soapstocks 0 0 See Note 2
1522 00 99 --- Other 0 0 See Note 2
1601 00 10 - Of liver 0 0 See Note 2
1601 00 91 -- Sausages, dry or for spreading, uncooked 149,4 EUR/100 kg E TRQ-PK
1601 00 99 -- Other 100,5 EUR/100 kg E TRQ-PK
1602 10 00 - Homogenised preparations 0 0 See Note 2
1602 20 10 -- Goose or duck liver 0 0 See Note 2
1602 20 90 -- Other 0 0 See Note 2
& /en 157
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1602 31 11 ---- Containing exclusively uncooked turkey meat 0 0 See Note 2
1602 31 19 ---- Other 0 0 See Note 2
1602 31 80 --- Other 0 0 See Note 2
1602 32 11 ---- Uncooked 2 765 EUR/1 000 kg E TRQ-PY
1602 32 19 ---- Other 0 0 See Note 2
1602 32 30 --- Containing 25 % or more but less than 57 % by weight of 0 0 See Note 2
poultry meat or offal
1602 32 90 --- Other 0 0 See Note 2
1602 39 21 ---- Uncooked 2 765 EUR/1 000 kg E TRQ-PY
1602 39 29 ---- Other 0 0 See Note 2
1602 39 85 --- Other 0 0 See Note 2
1602 41 10 --- Of domestic swine 156,8 EUR/100 kg E TRQ-PK
1602 41 90 --- Other 0 0 See Note 2
1602 42 10 --- Of domestic swine 129,3 EUR/100 kg E TRQ-PK
1602 42 90 --- Other 0 0 See Note 2
& /en 158
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1602 49 11 ----- Loins (excluding collars) and cuts thereof, including 156,8 EUR/100 kg E TRQ-PK
mixtures of loins or hams
1602 49 13 ----- Collars and cuts thereof, including mixtures of collars and 129,3 EUR/100 kg E TRQ-PK
shoulders
1602 49 15 ----- Other mixtures containing hams (legs), shoulders, loins or 129,3 EUR/100 kg E TRQ-PK
collars, and cuts thereof
1602 49 19 ----- Other 85,7 EUR/100 kg E TRQ-PK
1602 49 30 ---- Containing by weight 40 % or more but less than 80 % of 75 EUR/100 kg E TRQ-PK
meat or meat offal, of any kind, including fats of any kind or
origin
1602 49 50 ---- Containing by weight less than 40 % of meat or meat offal, 54,3 EUR/100 kg E TRQ-PK
of any kind, including fats of any kind or origin
1602 49 90 --- Other 0 0 See Note 2
1602 50 10 -- Uncooked; mixtures of cooked meat or offal and uncooked 303,4 EUR/100 kg E TRQ-BF
meat or offal
& /en 159
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1602 50 31 --- Corned beef, in airtight containers 0 0 See Note 2
1602 50 95 --- Other 0 0 See Note 2
1602 90 10 -- Preparations of blood of any animal 0 0 See Note 2
1602 90 31 --- Of game or rabbit 0 0 See Note 2
1602 90 51 ---- Containing meat or meat offal of domestic swine 85,7 EUR/100 kg E TRQ-PK
1602 90 61 ------ Uncooked; mixtures of cooked meat or offal and uncooked 303,4 EUR/100 kg E TRQ-BF
meat or offal
1602 90 69 ------ Other 0 0 See Note 2
1602 90 91 ------ Of sheep 0 0 See Note 2
1602 90 95 ------ Of goats 0 0 See Note 2
1602 90 99 ------ Other 0 0 See Note 2
1603 00 10 - In immediate packings of a net content of 1 kg or less 0 0 See Note 2
1603 00 80 - Other 0 0 See Note 2
1604 11 00 -- Salmon 0 0 See Note 2
& /en 160
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1604 12 10 --- Fillets, raw, merely coated with batter or breadcrumbs, 0 0 See Note 2
whether or not pre-fried in oil, frozen
1604 12 91 ---- In airtight containers 0 0 See Note 2
1604 12 99 ---- Other 0 0 See Note 2
1604 13 11 ---- In olive oil 0 0 See Note 2
1604 13 19 ---- Other 0 0 See Note 2
1604 13 90 --- Other 0 0 See Note 2
1604 14 21 ----- In vegetable oil 20,5 E TRQ-Fish
1604 14 26 ------ Fillets known as "loins" 20,5 E TRQ-Fish
1604 14 28 ------ Other 20,5 E TRQ-Fish
1604 14 31 ----- In vegetable oil 20,5 E TRQ-Fish
1604 14 36 ------ Fillets known as "loins" 20,5 E TRQ-Fish
1604 14 38 ------ Other 20,5 E TRQ-Fish
1604 14 41 ----- In vegetable oil 20,5 E TRQ-Fish
& /en 161
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1604 14 46 ------ Fillets known as "loins" 20,5 E TRQ-Fish
1604 14 48 ------ Other 20,5 E TRQ-Fish
1604 14 90 --- Bonito (Sarda spp.) 0 0 See Note 2
1604 15 11 ---- Fillets 0 0 See Note 2
1604 15 19 ---- Other 0 0 See Note 2
1604 15 90 --- Of the species Scomber australasicus 0 0 See Note 2
1604 16 00 -- Anchovies 0 0 See Note 2
1604 17 00 -- Eels 0 0 See Note 2
1604 18 00 -- Shark fins 0 0 See Note 2
1604 19 10 --- Salmonidae, other than salmon 0 0 See Note 2
1604 19 31 ---- Fillets known as "loins" 20,5 E TRQ-Fish
1604 19 39 ---- Other 20,5 E TRQ-Fish
1604 19 50 --- Fish of the species Orcynopsis unicolor 0 0 See Note 2
& /en 162
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1604 19 91 ---- Fillets, raw, merely coated with batter or breadcrumbs, 0 0 See Note 2
whether or not pre-fried in oil, frozen
1604 19 92 ----- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0 0 See Note 2
1604 19 93 ----- Coalfish (Pollachius virens) 0 0 See Note 2
1604 19 94 ----- Hake (Merluccius spp., Urophycis spp.) 0 0 See Note 2
1604 19 95 ----- Alaska pollock (Theragra chalcogramma) and pollack 0 0 See Note 2
(Pollachius pollachius)
1604 19 97 ----- Other 0 0 See Note 2
1604 20 05 -- Preparations of surimi 0 0 See Note 2
1604 20 10 --- Of salmon 0 0 See Note 2
1604 20 30 --- Of Salmonidae, other than salmon 0 0 See Note 2
1604 20 40 --- Of anchovies 0 0 See Note 2
1604 20 50 --- Of sardines, bonito, mackerel of the species Scomber 0 0 See Note 2
scombrus and Scomber japonicus, fish of the species Orcynopsis
unicolor
& /en 163
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1604 20 70 --- Of tuna, skipjack or other fish of the genus Euthynnus 20,5 E TRQ-Fish
1604 20 90 --- Of other fish 0 0 See Note 2
1604 31 00 -- Caviar 0 0 See Note 2
1604 32 00 -- Caviar substitutes 0 0 See Note 2
1605 10 00 - Crab 0 0 See Note 2
1605 21 10 --- In immediate packings of a net content not exceeding 2 kg 0 0 See Note 2
1605 21 90 --- Other 0 0 See Note 2
1605 29 00 -- Other 0 0 See Note 2
1605 30 10 -- Lobster meat, cooked, for the manufacture of lobster butter or 0 0 See Note 2
of lobster pastes, pâtés, soups or sauces
1605 30 90 -- Other 0 0 See Note 2
1605 40 00 - Other crustaceans 0 0 See Note 2
1605 51 00 -- Oysters 0 0 See Note 2
1605 52 00 -- Scallops, including queen scallops 0 0 See Note 2
& /en 164
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1605 53 10 --- In airtight containers 0 0 See Note 2
1605 53 90 --- Other 0 0 See Note 2
1605 54 00 -- Cuttlefish and squid 0 0 See Note 2
1605 55 00 -- Octopus 0 0 See Note 2
1605 56 00 -- Clams, cockles and arkshells 0 0 See Note 2
1605 57 00 -- Abalone 0 0 See Note 2
1605 58 00 -- Snails, other than sea snails 0 0 See Note 2
1605 59 00 -- Other 0 0 See Note 2
1605 61 00 -- Sea cucumbers 0 0 See Note 2
1605 62 00 -- Sea urchins 0 0 See Note 2
1605 63 00 -- Jellyfish 0 0 See Note 2
1605 69 00 -- Other 0 0 See Note 2
1701 12 10 --- For refining 33,9 EUR/100 kg std qual E
1701 12 90 --- Other 41,9 EUR/100 kg E
& /en 165
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1701 13 10 --- For refining 33,9 EUR/100 kg std qual E
1701 13 90 --- Other 41,9 EUR/100 kg E
1701 14 10 --- For refining 33,9 EUR/100 kg std qual E
1701 14 90 --- Other 41,9 EUR/100 kg E
1701 91 00 -- Containing added flavouring or colouring matter 41,9 EUR/100 kg E
1701 99 10 --- White sugar 41,9 EUR/100 kg E
1701 99 90 --- Other 41,9 EUR/100 kg E
1702 11 00 -- Containing by weight 99 % or more lactose, expressed as 14 EUR/100 kg 7
anhydrous lactose, calculated on the dry matter
1702 19 00 -- Other 14 EUR/100 kg 7
1702 20 10 -- Maple sugar in solid form, containing added flavouring or 0,4 EUR/100 kg/net/% 7
colouring matter sacchar.
1702 20 90 -- Other 0 0 See Note 2
1702 30 10 -- Isoglucose 50,7 EUR/100 kg/net mas E TRQ-SR
& /en 166
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1702 30 50 --- In the form of white crystalline powder, whether or not 26,8 EUR/100 kg E TRQ-SR
agglomerated
1702 30 90 --- Other 20 EUR/100 kg E TRQ-SR
1702 40 10 -- Isoglucose 50,7 EUR/100 kg/net mas E TRQ-SR
1702 40 90 -- Other 20 EUR/100 kg E TRQ-SR
1702 50 00 - Chemically pure fructose 12,5 + 50,7 EUR/100 kg/net E TRQ-SR
mas
1702 60 10 -- Isoglucose 50,7 EUR/100 kg/net mas E TRQ-SR
1702 60 80 -- Inulin syrup 0,4 EUR/100 kg/net/% E TRQ-SR
sacchar.
1702 60 95 -- Other 0,4 EUR/100 kg/net/% E TRQ-SR
sacchar.
1702 90 10 -- Chemically pure maltose 8,9 5
1702 90 30 -- Isoglucose 50,7 EUR/100 kg/net mas E TRQ-SR
& /en 167
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1702 90 50 -- Maltodextrine and maltodextrine syrup 20 EUR/100 kg 7 TRQ-SR
1702 90 71 --- Containing 50 % or more by weight of sucrose in the dry 0,4 EUR/100 kg/net/% 7 TRQ-SR
matter sacchar.
1702 90 75 ---- In the form of powder, whether or not agglomerated 27,7 EUR/100 kg 7 TRQ-SR
1702 90 79 ---- Other 19,2 EUR/100 kg 7 TRQ-SR
1702 90 80 -- Inulin syrup 0,4 EUR/100 kg/net/% 7 TRQ-SR
sacchar.
1702 90 95 -- Other 0,4 EUR/100 kg/net/% 7 TRQ-SR
sacchar.
1703 10 00 - Cane molasses 0,35 EUR/100 kg 7
1703 90 00 - Other 0,35 EUR/100 kg 7
1704 10 10 -- Containing less than 60 % by weight of sucrose (including 0 + 27,1 EUR/100 kg 3 TRQ-SRa
invert sugar expressed as sucrose) MAX 17,9
1704 10 90 -- Containing 60 % or more by weight of sucrose (including 0 + 30,9 EUR/100 kg 3 TRQ-SRa
invert sugar expressed as sucrose) MAX 18,2
& /en 168
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1704 90 10 -- Liquorice extract containing more than 10 % by weight of 4,6 3 TRQ-SRa
sucrose but not containing other added substances
1704 90 30 -- White chocolate 0 + 45,1 EUR/100 kg MAX 3 TRQ-SRa
18,9 + 16,5 EUR/100 kg
1704 90 51 --- Pastes, including marzipan, in immediate packings of a net 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRa
content of 1 kg or more
1704 90 55 --- Throat pastilles and cough drops 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRa
1704 90 61 --- Sugar-coated (panned) goods 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRa
1704 90 65 ---- Gum confectionery and jelly confectionery, including fruit 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRa
pastes in the form of sugar confectionery
1704 90 71 ---- Boiled sweets, whether or not filled 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRa
1704 90 75 ---- Toffees, caramels and similar sweets 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRa
1704 90 81 ----- Compressed tablets 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRa
1704 90 99 ----- Other 0 + EA MAX 18,7 +ADSZ E TRQ-SR
1801 00 00 Cocoa beans, whole or broken, raw or roasted 0 0 See Note 2
& /en 169
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1802 00 00 Cocoa shells, husks, skins and other cocoa waste 0 0 See Note 2
1803 10 00 - Not defatted 0 0 See Note 2
1803 20 00 - Wholly or partly defatted 0 0 See Note 2
1804 00 00 Cocoa butter, fat and oil 0 0 See Note 2
1805 00 00 Cocoa powder, not containing added sugar or other sweetening 0 0 See Note 2
matter
1806 10 15 -- Containing no sucrose or containing less than 5 % by weight of 0 0 See Note 2
sucrose (including invert sugar expressed as sucrose) or
isoglucose expressed as sucrose
1806 10 20 -- Containing 5 % or more but less than 65 % by weight of 0 + 25,2 EUR/100 kg 5
sucrose (including invert sugar expressed as sucrose) or
isoglucose expressed as sucrose
1806 10 30 -- Containing 65 % or more but less than 80 % by weight of 0 + 31,4 EUR/100 kg E TRQ-SR
sucrose (including invert sugar expressed as sucrose) or
isoglucose expressed as sucrose
& /en 170
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1806 10 90 -- Containing 80 % or more by weight of sucrose (including 0 + 41,9 EUR/100 kg E TRQ-SR
invert sugar expressed as sucrose) or isoglucose expressed as
sucrose
1806 20 10 -- Containing 31 % or more by weight of cocoa butter or 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
containing a combined weight of 31 % or more of cocoa butter
and milkfat
1806 20 30 -- Containing a combined weight of 25 % or more, but less 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
than 31 % of cocoa butter and milkfat
1806 20 50 --- Containing 18 % or more by weight of cocoa butter 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1806 20 70 --- Chocolate milk crumb 0 + EA 3 TRQ-SRb
1806 20 80 --- Chocolate flavour coating 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1806 20 95 --- Other 0 + EA MAX 18,7 +ADSZ E TRQ-SR
1806 31 00 -- Filled 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1806 32 10 --- With added cereal, fruit or nuts 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1806 32 90 --- Other 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
& /en 171
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1806 90 11 ---- Containing alcohol 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1806 90 19 ---- Other 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1806 90 31 ---- Filled 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1806 90 39 ---- Not filled 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1806 90 50 -- Sugar confectionery and substitutes therefor made from sugar 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
substitution products, containing cocoa
1806 90 60 -- Spreads containing cocoa 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1806 90 70 -- Preparations containing cocoa for making beverages 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1806 90 90 -- Other 0 + EA MAX 18,7 +ADSZ 3 TRQ-SRb
1901 10 00 - Preparations suitable for infants or young children, put up for 0 + EA 3
retail sale
1901 20 00 - Mixes and doughs for the preparation of bakers' wares of 0 + EA 3
heading 1905
1901 90 11 --- With a dry extract content of 90 % or more by weight 0 + 18 EUR/100 kg 3
& /en 172
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1901 90 19 --- Other 0 + 14,7 EUR/100 kg 3
1901 90 91 --- Containing no milkfats, sucrose, isoglucose, glucose or starch 0 0 See Note 2
or containing less than 1,5 % milkfat, 5 % sucrose (including
invert sugar) or isoglucose, 5 % glucose or starch, excluding food
preparations in powder form of goods of headings 0401 to 0404
1901 90 95 --- Food preparations in powder form, consisting of a blend of 0 + EA E TRQ-SR
skimmed milk and/or whey and vegetable fats/oils, with a
content of fats/oils not exceeding 30 % by weight
1901 90 99 --- Other 0 + EA E TRQ-SR
1902 11 00 -- Containing eggs 0 + 24,6 EUR/100 kg 3
1902 19 10 --- Containing no common wheat flour or meal 0 + 24,6 EUR/100 kg 3
1902 19 90 --- Other 0 + 21,1 EUR/100 kg 3
1902 20 10 -- Containing more than 20 % by weight of fish, crustaceans, 0 0 See Note 2
molluscs or other aquatic invertebrates
& /en 173
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1902 20 30 -- Containing more than 20 % by weight of sausages and the like, 38 EUR/100 kg 3
of meat and meat offal of any kind, including fats of any kind or
origin
1902 20 91 --- Cooked 0 + 6,1 EUR/100 kg 3
1902 20 99 --- Other 0 + 17,1 EUR/100 kg 3
1902 30 10 -- Dried 0 + 24,6 EUR/100 kg 3
1902 30 90 -- Other 0 + 9,7 EUR/100 kg 3
1902 40 10 -- Unprepared 0 0 See Note 2
1902 40 90 -- Other 0 0 See Note 2
1903 00 00 Tapioca and substitutes therefor prepared from starch, in the 0 + 15,1 EUR/100 kg 3
form of flakes, grains, pearls, siftings or similar forms
1904 10 10 -- Obtained from maize 0 + 20 EUR/100 kg 3
1904 10 30 -- Obtained from rice 0 + 46 EUR/100 kg 3
1904 10 90 -- Other 0 + 33,6 EUR/100 kg 3
& /en 174
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1904 20 10 -- Preparation of the Müsli type based on unroasted cereal flakes 0 + EA 3
1904 20 91 --- Obtained from maize 0 + 20 EUR/100 kg 3
1904 20 95 --- Obtained from rice 0 + 46 EUR/100 kg 3
1904 20 99 --- Other 0 + 33,6 EUR/100 kg 3
1904 30 00 - Bulgur wheat 0 + 25,7 EUR/100 kg 3
1904 90 10 -- Obtained from rice 0 + 46 EUR/100 kg 3
1904 90 80 -- Other 0 + 25,7 EUR/100 kg 3
1905 10 00 - Crispbread 0 + 13 EUR/100 kg 3
1905 20 10 -- Containing by weight less than 30 % of sucrose (including 0 + 18,3 EUR/100 kg 3
invert sugar expressed as sucrose)
1905 20 30 -- Containing by weight 30 % or more but less than 50 % of 0 + 24,6 EUR/100 kg 3
sucrose (including invert sugar expressed as sucrose)
1905 20 90 -- Containing by weight 50 % or more of sucrose (including 0 + 31,4 EUR/100 kg 3
invert sugar expressed as sucrose)
& /en 175
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1905 31 11 ---- In immediate packings of a net content not exceeding 85 g 0 + EA MAX 24,2 +ADSZ 3 TRQ-BS
1905 31 19 ---- Other 0 + EA MAX 24,2 +ADSZ 3 TRQ-BS
1905 31 30 ---- Containing 8 % or more by weight of milkfats 0 + EA MAX 24,2 +ADSZ 3 TRQ-BS
1905 31 91 ----- Sandwich biscuits 0 + EA MAX 24,2 +ADSZ 3 TRQ-BS
1905 31 99 ----- Other 0 + EA MAX 24,2 +ADSZ 3 TRQ-BS
1905 32 05 --- With a water content exceeding 10 % by weight 0 + EA MAX 20,7 +ADFM 3 TRQ-BS
1905 32 11 ----- In immediate packings of a net content not exceeding 85 g 0 + EA MAX 24,2 +ADSZ 3 TRQ-BS
1905 32 19 ----- Other 0 + EA MAX 24,2 +ADSZ 3 TRQ-BS
1905 32 91 ----- Salted, whether or not filled 0 + EA MAX 20,7 +ADFM 3 TRQ-BS
1905 32 99 ----- Other 0 + EA MAX 24,2 +ADSZ 3 TRQ-BS
1905 40 10 -- Rusks 0 + EA 3
1905 40 90 -- Other 0 + EA 3
1905 90 10 -- Matzos 0 + 15,9 EUR/100 kg 3
& /en 176
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
1905 90 20 -- Communion wafers, empty cachets of a kind suitable for 0 + 60,5 EUR/100 kg 3
pharmaceutical use, sealing wafers, rice paper and similar
products
1905 90 30 --- Bread, not containing added honey, eggs, cheese or fruit, and 0 + EA 3
containing by weight in the dry matter state not more than 5 % of
sugars and not more than 5 % of fat
1905 90 45 --- Biscuits 0 + EA MAX 20,7 +ADFM 3 TRQ-BS
1905 90 55 --- Extruded or expanded products, savoury or salted 0 + EA MAX 20,7 +ADFM 3
1905 90 70 ---- Containing 5 % or more, by weight, of sucrose, invert sugar 0 + EA MAX 24,2 +ADSZ 3
or isoglucose
1905 90 80 ---- Other 0 + EA MAX 20,7 +ADFM 3
2001 10 00 - Cucumbers and gherkins 0 0 See Note 2
2001 90 10 -- Mango chutney 0 0 See Note 2
2001 90 20 -- Fruit of the genus Capsicum other than sweet peppers or 0 0 See Note 2
pimentos
& /en 177
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2001 90 30 -- Sweetcorn (Zea mays var. saccharata) 1,6 + 9,4 EUR/100 kg/net eda E TRQ-SC
2001 90 40 -- Yams, sweet potatoes and similar edible parts of plants 0 + 3,8 EUR/100 kg/net eda 5
containing 5 % or more by weight of starch
2001 90 50 -- Mushrooms 0 0 See Note 2
2001 90 65 -- Olives 0 0 See Note 2
2001 90 70 -- Sweet peppers 0 0 See Note 2
2001 90 92 -- Tropical fruit and tropical nuts; palm hearts 0 0 See Note 2
2001 90 97 -- Other 0 0 See Note 2
2002 10 10 -- Peeled 0 0 See Note 2
2002 10 90 -- Other 0 0 See Note 2
2002 90 11 --- In immediate packings of a net content exceeding 1 kg 0 0 See Note 2
2002 90 19 --- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
2002 90 31 --- In immediate packings of a net content exceeding 1 kg 0 0 See Note 2
& /en 178
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2002 90 39 --- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
2002 90 91 --- In immediate packings of a net content exceeding 1 kg 0 0 See Note 2
2002 90 99 --- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
2003 10 20 -- Provisionally preserved, completely cooked 14,9 + 191 EUR/100 kg/net 7 TRQ-MS
eda
2003 10 30 -- Other 14,9 + 222 EUR/100 kg/net 7 TRQ-MS
eda
2003 90 10 -- Truffles 0 0 See Note 2
2003 90 90 -- Other 0 0 See Note 2
2004 10 10 -- Cooked, not otherwise prepared 0 0 See Note 2
2004 10 91 --- In the form of flour, meal or flakes 0 + EA 5
2004 10 99 --- Other 0 0 See Note 2
2004 90 10 -- Sweetcorn (Zea mays var. saccharata) 1,6 + 9,4 EUR/100 kg/net eda E TRQ-SC
2004 90 30 -- Sauerkraut, capers and olives 0 0 See Note 2
& /en 179
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2004 90 50 -- Peas (Pisum sativum) and immature beans of the species 0 0 See Note 2
Phaseolus spp., in pod
2004 90 91 --- Onions, cooked, not otherwise prepared 0 0 See Note 2
2004 90 98 --- Other 0 0 See Note 2
2005 10 00 - Homogenised vegetables 0 0 See Note 2
2005 20 10 -- In the form of flour, meal or flakes 0 + EA 5
2005 20 20 --- Thin slices, fried or baked, whether or not salted or flavoured, 0 0 See Note 2
in airtight packings, suitable for immediate consumption
2005 20 80 --- Other 0 0 See Note 2
2005 40 00 - Peas (Pisum sativum) 0 0 See Note 2
2005 51 00 -- Beans, shelled 0 0 See Note 2
2005 59 00 -- Other 0 0 See Note 2
2005 60 00 - Asparagus 0 0 See Note 2
2005 70 00 - Olives 0 0 See Note 2
& /en 180
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2005 80 00 - Sweetcorn (Zea mays var. saccharata) 5,1 + 9,4 EUR/100 kg/net eda E TRQ-SC
2005 91 00 -- Bamboo shoots 0 0 See Note 2
2005 99 10 --- Fruit of the genus Capsicum, other than sweet peppers or 0 0 See Note 2
pimentos
2005 99 20 --- Capers 0 0 See Note 2
2005 99 30 --- Globe artichokes 0 0 See Note 2
2005 99 50 --- Mixtures of vegetables 0 0 See Note 2
2005 99 60 --- Sauerkraut 0 0 See Note 2
2005 99 80 --- Other 0 0 See Note 2
2006 00 10 - Ginger 0 0 See Note 2
2006 00 31 --- Cherries 16,5 + 23,9 EUR/100 kg E TRQ-SR
2006 00 35 --- Tropical fruit and tropical nuts 9 + 15 EUR/100 kg 5
2006 00 38 --- Other 16,5 + 23,9 EUR/100 kg E TRQ-SR
2006 00 91 --- Tropical fruit and tropical nuts 0 0 See Note 2
2006 00 99 --- Other 0 0 See Note 2
& /en 181
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2007 10 10 -- With a sugar content exceeding 13 % by weight 20,4 + 4,2 EUR/100 kg E TRQ-FP
2007 10 91 --- Of tropical fruit 0 0 See Note 2
2007 10 99 --- Other 0 0 See Note 2
2007 91 10 --- With a sugar content exceeding 30 % by weight 16,5 + 23 EUR/100 kg E TRQ-SR
2007 91 30 --- With a sugar content exceeding 13 % but not exceeding 30 % 16,5 + 4,2 EUR/100 kg E TRQ-FP
by weight
2007 91 90 --- Other 0 0 See Note 2
2007 99 10 ---- Plum purée and paste and prune purée and paste, in 0 0 See Note 2
immediate packings of a net content exceeding 100 kg, for
industrial processing
2007 99 20 ---- Chestnut purée and paste 20,5 + 19,7 EUR/100 kg E TRQ-FP
2007 99 31 ----- Of cherries: – –
ex 2007 99 31 ------ Fruit purées obtained by sieving then brought to the boil in 0 0 See Note 2
a vacuum, the texture and chemical composition of which have
not been changed by the heat treatment
& /en 182
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
ex 2007 99 31 ------ Other 20,5 + 23 EUR/100 kg E TRQ-FP
2007 99 33 ----- Of strawberries: – –
ex 2007 99 33 ------ Fruit purées obtained by sieving then brought to the boil in 0 0 See Note 2
a vacuum, the texture and chemical composition of which have
not been changed by the heat treatment
ex 2007 99 33 ------ Other 20,5 + 23 EUR/100 kg E TRQ-FP
2007 99 35 ----- Of raspberries: – –
ex 2007 99 35 ------ Fruit purées obtained by sieving then brought to the boil in 0 0 See Note 2
a vacuum, the texture and chemical composition of which have
not been changed by the heat treatment
ex 2007 99 35 ------ Other 20,5 + 23 EUR/100 kg 5
2007 99 39 ----- Other: – –
ex 2007 99 39 ------ Fig paste, pistachio paste, hazelnut paste 20,5 + 23 EUR/100 kg E TRQ-FP
& /en 183
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
ex 2007 99 39 ------ Fruit purées obtained by sieving then brought to the boil in 0 0 See Note 2
a vacuum, the texture and chemical composition of which have
not been changed by the heat treatment
ex 2007 99 39 ------ Other 20,5 + 23 EUR/100 kg E TRQ-FP
2007 99 50 --- With a sugar content exceeding 13 % but not exceeding 30 % – –
by weight:
ex 2007 99 50 ---- Chestnut purée and paste, fig paste, pistachio paste, hazelnut 20,5 + 4,2 EUR/100 kg 5
paste
ex 2007 99 50 ---- Fruit purées obtained by sieving then brought to the boil in a 0 0 See Note 2
vacuum, the texture and chemical composition of which have not
been changed by the heat treatment
ex 2007 99 50 ---- Other 20,5 + 4,2 EUR/100 kg 5
2007 99 93 ---- Of tropical fruit and tropical nuts 0 0 See Note 2
2007 99 97 ---- Other 0 0 See Note 2
2008 11 10 --- Peanut butter 4,4 5
& /en 184
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 11 91 ---- Exceeding 1 kg 0 0 See Note 2
2008 11 96 ----- Roasted 0 0 See Note 2
2008 11 98 ----- Other 0 0 See Note 2
2008 19 12 ---- Tropical nuts; mixtures containing by weight 50 % or more 0 0 See Note 2
of tropical nuts
2008 19 13 ----- Roasted almonds and pistachios 0 0 See Note 2
2008 19 19 ----- Other 0 0 See Note 2
2008 19 92 ---- Tropical nuts; mixtures containing by weight 50 % or more 0 0 See Note 2
of tropical nuts
2008 19 93 ------ Almonds and pistachios 0 0 See Note 2
2008 19 95 ------ Other 0 0 See Note 2
2008 19 99 ----- Other 0 0 See Note 2
2008 20 11 ---- With a sugar content exceeding 17 % by weight 22,1 + 2,5 EUR/100 kg 5
2008 20 19 ---- Other 0 0 See Note 2
& /en 185
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 20 31 ---- With a sugar content exceeding 19 % by weight 22,1 + 2,5 EUR/100 kg 5
2008 20 39 ---- Other 0 0 See Note 2
2008 20 51 ---- With a sugar content exceeding 17 % by weight 0 0 See Note 2
2008 20 59 ---- Other 0 0 See Note 2
2008 20 71 ---- With a sugar content exceeding 19 % by weight 0 0 See Note 2
2008 20 79 ---- Other 0 0 See Note 2
2008 20 90 --- Not containing added sugar 0 0 See Note 2
2008 30 11 ---- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 30 19 ---- Other 22,1 + 4,2 EUR/100 kg E TRQ-FP
2008 30 31 ---- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 30 39 ---- Other 0 0 See Note 2
2008 30 51 ---- Grapefruit segments, including pomelos 0 0 See Note 2
& /en 186
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 30 55 ---- Mandarins (including tangerines and satsumas); clementines, 0 0 See Note 2
wilkings and other similar citrus hybrids
2008 30 59 ---- Other 0 0 See Note 2
2008 30 71 ---- Grapefruit segments, including pomelos 0 0 See Note 2
2008 30 75 ---- Mandarins (including tangerines and satsumas); clementines, 0 0 See Note 2
wilkings and other similar citrus hybrids
2008 30 79 ---- Other 0 0 See Note 2
2008 30 90 --- Not containing added sugar 0 0 See Note 2
2008 40 11 ----- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 40 19 ----- Other 25,6 + 4,2 EUR/100 kg E TRQ-FP
2008 40 21 ----- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 40 29 ----- Other 0 0 See Note 2
& /en 187
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 40 31 ---- With a sugar content exceeding 15 % by weight 25,6 + 4,2 EUR/100 kg 3
2008 40 39 ---- Other 0 0 See Note 2
2008 40 51 ---- With a sugar content exceeding 13 % by weight 0 0 See Note 2
2008 40 59 ---- Other 0 0 See Note 2
2008 40 71 ---- With a sugar content exceeding 15 % by weight 0 0 See Note 2
2008 40 79 ---- Other 0 0 See Note 2
2008 40 90 --- Not containing added sugar 0 0 See Note 2
2008 50 11 ----- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 50 19 ----- Other 22,1 + 4,2 EUR/100 kg 3
2008 50 31 ----- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 50 39 ----- Other 0 0 See Note 2
& /en 188
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 50 51 ---- With a sugar content exceeding 15 % by weight 22,1 + 4,2 EUR/100 kg 3
2008 50 59 ---- Other 0 0 See Note 2
2008 50 61 ---- With a sugar content exceeding 13 % by weight 0 0 See Note 2
2008 50 69 ---- Other 0 0 See Note 2
2008 50 71 ---- With a sugar content exceeding 15 % by weight 0 0 See Note 2
2008 50 79 ---- Other 0 0 See Note 2
2008 50 92 ---- Of 5 kg or more 0 0 See Note 2
2008 50 98 ---- Of less than 5 kg 0 0 See Note 2
2008 60 11 ---- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 60 19 ---- Other 22,1 + 4,2 EUR/100 kg 0
2008 60 31 ---- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 60 39 ---- Other 0 0 See Note 2
& /en 189
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 60 50 ---- Exceeding 1 kg 0 0 See Note 2
2008 60 60 ---- Not exceeding 1 kg 0 0 See Note 2
2008 60 70 ---- Of 4,5 kg or more 0 0 See Note 2
2008 60 90 ---- Of less than 4,5 kg 0 0 See Note 2
2008 70 11 ----- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 70 19 ----- Other 25,6 + 4,2 EUR/100 kg 3
2008 70 31 ----- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 70 39 ----- Other 0 0 See Note 2
2008 70 51 ---- With a sugar content exceeding 15 % by weight 25,6 + 4,2 EUR/100 kg 3
2008 70 59 ---- Other 0 0 See Note 2
2008 70 61 ---- With a sugar content exceeding 13 % by weight 0 0 See Note 2
2008 70 69 ---- Other 0 0 See Note 2
& /en 190
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 70 71 ---- With a sugar content exceeding 15 % by weight 0 0 See Note 2
2008 70 79 ---- Other 0 0 See Note 2
2008 70 92 ---- Of 5 kg or more 0 0 See Note 2
2008 70 98 ---- Of less than 5 kg 0 0 See Note 2
2008 80 11 ---- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 80 19 ---- Other 22,1 + 4,2 EUR/100 kg 5
2008 80 31 ---- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 80 39 ---- Other 0 0 See Note 2
2008 80 50 --- Containing added sugar, in immediate packings of a net 0 0 See Note 2
content exceeding 1 kg
2008 80 70 --- Containing added sugar, in immediate packings of a net 0 0 See Note 2
content not exceeding 1 kg
& /en 191
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 80 90 --- Not containing added sugar 0 0 See Note 2
2008 91 00 -- Palm hearts 0 0 See Note 2
2008 93 11 ----- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 93 19 ----- Other 22,1 + 4,2 EUR/100 kg 0
2008 93 21 ----- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 93 29 ----- Other 0 0 See Note 2
2008 93 91 ---- Containing added sugar, in immediate packings of a net 0 0 See Note 2
content exceeding 1 kg
2008 93 93 ---- Containing added sugar, in immediate packings of a net 0 0 See Note 2
content not exceeding 1 kg
2008 93 99 ---- Not containing added sugar 0 0 See Note 2
2008 97 03 ---- In immediate packings of a net content exceeding 1 kg 0 0 See Note 2
& /en 192
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 97 05 ---- In immediate packings of a net content not exceeding 1 kg 0 0 See Note 2
2008 97 12 ------- Of tropical fruit (including mixtures containing by 0 0 See Note 2
weight 50 % or more of tropical nuts and tropical fruit)
2008 97 14 ------- Other 0 0 See Note 2
2008 97 16 ------- Of tropical fruit (including mixtures containing by 12,5 + 2,6 EUR/100 kg 0
weight 50 % or more of tropical nuts and tropical fruit)
2008 97 18 ------- Other 22,1 + 4,2 EUR/100 kg 0
2008 97 32 ------- Of tropical fruit (including mixtures containing by 0 0 See Note 2
weight 50 % or more of tropical nuts and tropical fruit)
2008 97 34 ------- Other 0 0 See Note 2
2008 97 36 ------- Of tropical fruit (including mixtures containing by 0 0 See Note 2
weight 50 % or more of tropical nuts and tropical fruit)
2008 97 38 ------- Other 0 0 See Note 2
& /en 193
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 97 51 ------- Of tropical fruit (including mixtures containing by 0 0 See Note 2
weight 50 % or more of tropical nuts and tropical fruit)
2008 97 59 ------- Other 0 0 See Note 2
2008 97 72 -------- Of tropical fruit (including mixtures containing by 0 0 See Note 2
weight 50 % or more of tropical nuts and tropical fruit)
2008 97 74 -------- Other 0 0 See Note 2
2008 97 76 -------- Of tropical fruit (including mixtures containing by 0 0 See Note 2
weight 50 % or more of tropical nuts and tropical fruit)
2008 97 78 -------- Other 0 0 See Note 2
2008 97 92 ------- Of tropical fruit (including mixtures containing by 0 0 See Note 2
weight 50 % or more of tropical nuts and tropical fruit)
2008 97 93 ------- Other 0 0 See Note 2
2008 97 94 ------- Of tropical fruit (including mixtures containing by 0 0 See Note 2
weight 50 % or more of tropical nuts and tropical fruit)
2008 97 96 ------- Other 0 0 See Note 2
& /en 194
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 97 97 ------- Of tropical fruit (including mixtures containing by 0 0 See Note 2
weight 50 % or more of tropical nuts and tropical fruit)
2008 97 98 ------- Other 0 0 See Note 2
2008 99 11 ----- Of an actual alcoholic strength by mass not 0 0 See Note 2
exceeding 11,85 % mas
2008 99 19 ----- Other 0 0 See Note 2
2008 99 21 ----- With a sugar content exceeding 13 % by weight 22,1 + 3,8 EUR/100 kg 0
2008 99 23 ----- Other 0 0 See Note 2
2008 99 24 ------- Tropical fruit 0 0 See Note 2
2008 99 28 ------- Other 0 0 See Note 2
2008 99 31 ------- Tropical fruit 12,5 + 2,6 EUR/100 kg 0
2008 99 34 ------- Other 22,1 + 4,2 EUR/100 kg 0
2008 99 36 ------- Tropical fruit 0 0 See Note 2
2008 99 37 ------- Other 0 0 See Note 2
& /en 195
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 99 38 ------- Tropical fruit 0 0 See Note 2
2008 99 40 ------- Other 0 0 See Note 2
2008 99 41 ----- Ginger 0 0 See Note 2
2008 99 43 ----- Grapes 0 0 See Note 2
2008 99 45 ----- Plums and prunes 0 0 See Note 2
2008 99 48 ----- Tropical fruit 0 0 See Note 2
2008 99 49 ----- Other 0 0 See Note 2
2008 99 51 ----- Ginger 0 0 See Note 2
2008 99 63 ----- Tropical fruit 0 0 See Note 2
2008 99 67 ----- Other 0 0 See Note 2
2008 99 72 ------ Of 5 kg or more 0 0 See Note 2
2008 99 78 ------ Of less than 5 kg 0 0 See Note 2
2008 99 85 ----- Maize (corn), other than sweetcorn (Zea mays var. 0 + 9,4 EUR/100 kg/net eda 3
saccharata)
& /en 196
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2008 99 91 ----- Yams, sweet potatoes and similar edible parts of plants, 0 + 3,8 EUR/100 kg/net eda 0
containing 5 % or more by weight of starch
2008 99 99 ----- Other 0 0 See Note 2
2009 11 11 ---- Of a value not exceeding EUR 30 per 100 kg net weight 30,1 + 20,6 EUR/100 kg 7
2009 11 19 ---- Other 0 0 See Note 2
2009 11 91 ---- Of a value not exceeding EUR 30 per 100 kg net weight and 11,7 + 20,6 EUR/100 kg 7
with an added sugar content exceeding 30 % by weight
2009 11 99 ---- Other 0 0 See Note 2
2009 12 00 -- Not frozen, of a Brix value not exceeding 20 0 0 See Note 2
2009 19 11 ---- Of a value not exceeding EUR 30 per 100 kg net weight 30,1 + 20,6 EUR/100 kg 7
2009 19 19 ---- Other 0 0 See Note 2
2009 19 91 ---- Of a value not exceeding EUR 30 per 100 kg net weight and 11,7 + 20,6 EUR/100 kg 7
with an added sugar content exceeding 30 % by weight
2009 19 98 ---- Other 0 0 See Note 2
& /en 197
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2009 21 00 -- Of a Brix value not exceeding 20 0 0 See Note 2
2009 29 11 ---- Of a value not exceeding EUR 30 per 100 kg net weight 30,1 + 20,6 EUR/100 kg 7
2009 29 19 ---- Other 0 0 See Note 2
2009 29 91 ---- Of a value not exceeding EUR 30 per 100 kg net weight and 8,5 + 20,6 EUR/100 kg 7
with an added sugar content exceeding 30 % by weight
2009 29 99 ---- Other 0 0 See Note 2
2009 31 11 ---- Containing added sugar 0 0 See Note 2
2009 31 19 ---- Not containing added sugar 0 0 See Note 2
2009 31 51 ----- Containing added sugar 0 0 See Note 2
2009 31 59 ----- Not containing added sugar 0 0 See Note 2
2009 31 91 ----- Containing added sugar 0 0 See Note 2
2009 31 99 ----- Not containing added sugar 0 0 See Note 2
2009 39 11 ---- Of a value not exceeding EUR 30 per 100 kg net weight 30,1 + 20,6 EUR/100 kg 7
2009 39 19 ---- Other 0 0 See Note 2
& /en 198
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2009 39 31 ----- Containing added sugar 0 0 See Note 2
2009 39 39 ----- Not containing added sugar 0 0 See Note 2
2009 39 51 ------ With an added sugar content exceeding 30 % by weight 10,9 + 20,6 EUR/100 kg 7
2009 39 55 ------ With an added sugar content not exceeding 30 % by weight 0 0 See Note 2
2009 39 59 ------ Not containing added sugar 0 0 See Note 2
2009 39 91 ------ With an added sugar content exceeding 30 % by weight 10,9 + 20,6 EUR/100 kg 7
2009 39 95 ------ With an added sugar content not exceeding 30 % by weight 0 0 See Note 2
2009 39 99 ------ Not containing added sugar 0 0 See Note 2
2009 41 92 --- Containing added sugar 0 0 See Note 2
2009 41 99 --- Not containing added sugar 0 0 See Note 2
2009 49 11 ---- Of a value not exceeding EUR 30 per 100 kg net weight 30,1 + 20,6 EUR/100 kg 5
2009 49 19 ---- Other 0 0 See Note 2
2009 49 30 ---- Of a value exceeding EUR 30 per 100 kg net weight, 0 0 See Note 2
containing added sugar
& /en 199
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2009 49 91 ----- With an added sugar content exceeding 30 % by weight 11,7 + 20,6 EUR/100 kg 5
2009 49 93 ----- With an added sugar content not exceeding 30 % by weight 0 0 See Note 2
2009 49 99 ----- Not containing added sugar 0 0 See Note 2
2009 50 10 -- Containing added sugar 0 0 See Note 2
2009 50 90 -- Other 0 0 See Note 2
2009 61 10 --- Of a value exceeding EUR 18 per 100 kg net weight 0 % + specific duty 0+EP See Note 3
component of the entry price
system
2009 61 90 --- Of a value not exceeding EUR 18 per 100 kg net weight 18,9 + 27 EUR/hl 7
2009 69 11 ---- Of a value not exceeding EUR 22 per 100 kg net weight 36,5 + 121 EUR/hl + 5
20,6 EUR/100 kg
2009 69 19 ---- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
& /en 200
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2009 69 51 ----- Concentrated 0 % + specific duty 0+EP See Note 3
component of the entry price
system
2009 69 59 ----- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
2009 69 71 ------ Concentrated 18,9 + 131 EUR/hl + 5
20,6 EUR/100 kg
2009 69 79 ------ Other 18,9 + 27 EUR/hl + 5
20,6 EUR/100 kg
2009 69 90 ----- Other 18,9 + 27 EUR/hl 5
2009 71 20 --- Containing added sugar 0 0 See Note 2
2009 71 99 --- Not containing added sugar 0 0 See Note 2
2009 79 11 ---- Of a value not exceeding EUR 22 per 100 kg net weight 26,5 + 18,4 EUR/100 kg E TRQ-AJ
2009 79 19 ---- Other 0 0 See Note 2
& /en 201
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2009 79 30 ---- Of a value exceeding EUR 18 per 100 kg net weight, 0 0 See Note 2
containing added sugar
2009 79 91 ----- With an added sugar content exceeding 30 % by weight 14,5 + 19,3 EUR/100 kg E TRQ-AJ
2009 79 98 ----- Other 0 0 See Note 2
2009 81 11 ---- Of a value not exceeding EUR 30 per 100 kg net weight 30,1 + 20,6 EUR/100 kg 0
2009 81 19 ---- Other 0 0 See Note 2
2009 81 31 ---- Of a value exceeding EUR 30 per 100 kg net weight, 0 0 See Note 2
containing added sugar
2009 81 51 ----- With an added sugar content exceeding 30 % by weight 13,3 + 20,6 EUR/100 kg 0
2009 81 59 ----- With an added sugar content not exceeding 30 % by weight 0 0 See Note 2
2009 81 95 ------ Juice of fruit of the species Vaccinium macrocarpon 0 0 See Note 2
2009 81 99 ------ Other 0 0 See Note 2
2009 89 11 ----- Of a value not exceeding EUR 22 per 100 kg net weight 30,1 + 20,6 EUR/100 kg 5
& /en 202
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2009 89 19 ----- Other 0 0 See Note 2
2009 89 34 ------ Juices of tropical fruit 17,5 + 12,9 EUR/100 kg 0
2009 89 35 ------ Other 30,1 + 20,6 EUR/100 kg 0
2009 89 36 ------ Juices of tropical fruit 0 0 See Note 2
2009 89 38 ------ Other 0 0 See Note 2
2009 89 50 ----- Of a value exceeding EUR 18 per 100 kg net weight, 0 0 See Note 2
containing added sugar
2009 89 61 ------ With an added sugar content exceeding 30 % by weight 15,7 + 20,6 EUR/100 kg 5
2009 89 63 ------ With an added sugar content not exceeding 30 % by weight 0 0 See Note 2
2009 89 69 ------ Not containing added sugar 0 0 See Note 2
2009 89 71 ------ Cherry juice 0 0 See Note 2
2009 89 73 ------ Juices of tropical fruit 0 0 See Note 2
2009 89 79 ------ Other 0 0 See Note 2
2009 89 85 ------- Juices of tropical fruit 7 + 12,9 EUR/100 kg 0
2009 89 86 ------- Other 13,3 + 20,6 EUR/100 kg 0
& /en 203
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2009 89 88 ------- Juices of tropical fruit 0 0 See Note 2
2009 89 89 ------- Other 0 0 See Note 2
2009 89 96 ------- Cherry juice 0 0 See Note 2
2009 89 97 ------- Juices of tropical fruit 0 0 See Note 2
2009 89 99 ------- Other 0 0 See Note 2
2009 90 11 ---- Of a value not exceeding EUR 22 per 100 kg net weight 30,1 + 20,6 EUR/100 kg 5
2009 90 19 ---- Other 0 0 See Note 2
2009 90 21 ---- Of a value not exceeding EUR 30 per 100 kg net weight 30,1 + 20,6 EUR/100 kg 5
2009 90 29 ---- Other 0 0 See Note 2
2009 90 31 ---- Of a value not exceeding EUR 18 per 100 kg net weight and 16,5 + 20,6 EUR/100 kg 5
with an added sugar content exceeding 30 % by weight
2009 90 39 ---- Other 0 0 See Note 2
2009 90 41 ------ Containing added sugar 0 0 See Note 2
2009 90 49 ------ Other 0 0 See Note 2
& /en 204
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2009 90 51 ------ Containing added sugar 0 0 See Note 2
2009 90 59 ------ Other 0 0 See Note 2
2009 90 71 ------ With an added sugar content exceeding 30 % by weight 11,7 + 20,6 EUR/100 kg 0
2009 90 73 ------ With an added sugar content not exceeding 30 % by weight 0 0 See Note 2
2009 90 79 ------ Not containing added sugar 0 0 See Note 2
2009 90 92 ------- Mixtures of juices of tropical fruit 7 + 12,9 EUR/100 kg 0
2009 90 94 ------- Other 13,3 + 20,6 EUR/100 kg 0
2009 90 95 ------- Mixtures of juices of tropical fruit 0 0 See Note 2
2009 90 96 ------- Other 0 0 See Note 2
2009 90 97 ------- Mixtures of juices of tropical fruit 0 0 See Note 2
2009 90 98 ------- Other 0 0 See Note 2
2101 11 00 -- Extracts, essences and concentrates 0 0 See Note 2
& /en 205
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2101 12 92 --- Preparations with a basis of these extracts, essences or 0 0 See Note 2
concentrates of coffee
2101 12 98 --- Other 0 + EA E TRQ-SR
2101 20 20 -- Extracts, essences or concentrates 0 0 See Note 2
2101 20 92 --- With a basis of extracts, essences or concentrates of tea or 0 0 See Note 2
maté
2101 20 98 --- Other 0 + EA E TRQ-SR
2101 30 11 --- Roasted chicory 0 0 See Note 2
2101 30 19 --- Other 0 + 12,7 EUR/100 kg 5
2101 30 91 --- Of roasted chicory 0 0 See Note 2
2101 30 99 --- Other 0 + 22,7 EUR/100 kg 5
2102 10 10 -- Culture yeast 7,4 5
2102 10 31 --- Dried 8,5 5
2102 10 39 --- Other 4,2 5
2102 10 90 -- Other 5,1 5
& /en 206
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2102 20 11 --- In tablet, cube or similar form, or in immediate packings of a 2,4 5
net content not exceeding 1 kg
2102 20 19 --- Other 0 0 See Note 2
2102 20 90 -- Other 0 0 See Note 2
2102 30 00 - Prepared baking powders 0 0 See Note 2
2103 10 00 - Soya sauce 0 0 See Note 2
2103 20 00 - Tomato ketchup and other tomato sauces 0 0 See Note 2
2103 30 10 -- Mustard flour and meal 0 0 See Note 2
2103 30 90 -- Prepared mustard 0 0 See Note 2
2103 90 10 -- Mango chutney, liquid 0 0 See Note 2
2103 90 30 -- Aromatic bitters of an alcoholic strength by volume of 44,2 0 0 See Note 2
to 49,2 % vol containing from 1,5 to 6 % by weight of gentian,
spices and various ingredients and from 4 to 10 % of sugar, in
containers holding 0,5 litre or less
2103 90 90 -- Other 0 0 See Note 2
& /en 207
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2104 10 00 - Soups and broths and preparations therefor 0 0 See Note 2
2104 20 00 - Homogenised composite food preparations 0 0 See Note 2
2105 00 10 - Containing no milkfats or containing less than 3 % by weight of 0 + 20,2 EUR/100 kg MAX 3
such fats 19,4 + 9,4 EUR/100 kg
2105 00 91 -- 3 % or more but less than 7 % 0 + 38,5 EUR/100 kg MAX 3
18,1 + 7 EUR/100 kg
2105 00 99 -- 7 % or more 0 + 54 EUR/100 kg MAX 3
17,8 + 6,9 EUR/100 kg
2106 10 20 -- Containing no milkfats, sucrose, isoglucose, glucose or starch 0 0 See Note 2
or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or
isoglucose, 5 % glucose or starch
2106 10 80 -- Other 0 + EA 3
2106 90 20 -- Compound alcoholic preparations, other than those based on 12,1 3
odoriferous substances, of a kind used for the manufacture of
beverages
& /en 208
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2106 90 30 --- Isoglucose syrups 42,7 EUR/100 kg/net mas 7 TRQ-SR
2106 90 51 ---- Lactose syrup 14 EUR/100 kg 0
2106 90 55 ---- Glucose syrup and maltodextrine syrup 20 EUR/100 kg 7 TRQ-SR
2106 90 59 ---- Other 0,4 EUR/100 kg/net/% 7 TRQ-SR
sacchar.
2106 90 92 --- Containing no milkfats, sucrose, isoglucose, glucose or starch 8,9 3
or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or
isoglucose, 5 % glucose or starch
2106 90 98 --- Other: – –
ex 2106 90 98 ---- Containing less than 70 % by weight of sucrose/isoglucose 5,5 + EA 3
ex 2106 90 98 ---- Other 5,5 + EA E TRQ-SR
2201 10 11 --- Not carbonated 0 0 See Note 2
2201 10 19 --- Other 0 0 See Note 2
2201 10 90 -- Other 0 0 See Note 2
2201 90 00 - Other 0 0 See Note 2
& /en 209
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2202 10 00 - Waters, including mineral waters and aerated waters, containing 3 0
added sugar or other sweetening matter or flavoured
2202 91 00 -- Non-alcoholic beer 3 0
2202 99 11 ---- Soya-based beverages with a protein content of 2,8 % or 3 0
more by weight
2202 99 15 ---- Soya-based beverages with a protein content of less 3 0
than 2,8 % by weight; beverages based on nuts of Chapter 8,
cereals of Chapter 10 or seeds of Chapter 12
2202 99 19 ---- Other 3 0
2202 99 91 ---- Less than 0,2 % 0 + 13,7 EUR/100 kg 0
2202 99 95 ---- 0,2 % or more but less than 2 % 0 + 12,1 EUR/100 kg 0
2202 99 99 ---- 2 % or more 0 + 21,2 EUR/100 kg 0
2203 00 01 -- In bottles 0 0 See Note 2
2203 00 09 -- Other 0 0 See Note 2
& /en 210
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2203 00 10 - In containers holding more than 10 litres 0 0 See Note 2
2204 10 11 --- Champagne 32 EUR/hl 0
2204 10 13 --- Cava 0 EUR/hl 0 See Note 2
2204 10 15 --- Prosecco 0 EUR/hl 0 See Note 2
2204 10 91 --- Asti spumante 32 EUR/hl 0
2204 10 93 --- Other 0 EUR/hl 0 See Note 2
2204 10 94 -- With a protected geographical indication (PGI) 0 EUR/hl 0 See Note 2
2204 10 96 -- Other varietal wines 0 EUR/hl 0 See Note 2
2204 10 98 -- Other 0 EUR/hl 0 See Note 2
2204 21 06 ---- With a protected designation of origin (PDO) 0 EUR/hl 0 See Note 2
2204 21 07 ---- With a protected geographical indication (PGI) 0 EUR/hl 0 See Note 2
2204 21 08 ---- Other varietal wines 0 EUR/hl 0 See Note 2
2204 21 09 ---- Other 0 EUR/hl 0 See Note 2
& /en 211
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2204 21 11 -------- Alsace 15,4 EUR/hl 0
2204 21 12 -------- Bordeaux 15,4 EUR/hl 0
2204 21 13 -------- Bourgogne (Burgundy) 15,4 EUR/hl 0
2204 21 17 -------- Val de Loire (Loire Valley) 15,4 EUR/hl 0
2204 21 18 -------- Mosel 15,4 EUR/hl 0
2204 21 19 -------- Pfalz 15,4 EUR/hl 0
2204 21 22 -------- Rheinhessen 15,4 EUR/hl 0
2204 21 23 -------- Tokaj 15,8 EUR/hl 0
2204 21 24 -------- Lazio (Latium) 15,4 EUR/hl 0
2204 21 26 -------- Toscana (Tuscany) 15,4 EUR/hl 0
2204 21 27 -------- Trentino, Alto Adige and Friuli 15,4 EUR/hl 0
2204 21 28 -------- Veneto 15,4 EUR/hl 0
2204 21 31 -------- Sicilia 15,4 EUR/hl 0
2204 21 32 -------- Vinho Verde 15,4 EUR/hl 0
& /en 212
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2204 21 34 -------- Penedés 15,4 EUR/hl 0
2204 21 36 -------- Rioja 15,4 EUR/hl 0
2204 21 37 -------- Valencia 15,4 EUR/hl 0
2204 21 38 -------- Other 15,4 EUR/hl 0
2204 21 42 -------- Bordeaux 15,4 EUR/hl 0
2204 21 43 -------- Bourgogne (Burgundy) 15,4 EUR/hl 0
2204 21 44 -------- Beaujolais 15,4 EUR/hl 0
2204 21 46 -------- Vallée du Rhône 15,4 EUR/hl 0
2204 21 47 -------- Languedoc-Roussillon 15,4 EUR/hl 0
2204 21 48 -------- Val de Loire (Loire Valley) 15,4 EUR/hl 0
2204 21 61 -------- Sicilia 15,4 EUR/hl 0
2204 21 62 -------- Piemonte (Piedmont) 15,4 EUR/hl 0
2204 21 66 -------- Toscana (Tuscany) 15,4 EUR/hl 0
2204 21 67 -------- Trentino and Alto Adige 15,4 EUR/hl 0
& /en 213
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2204 21 68 -------- Veneto 15,4 EUR/hl 0
2204 21 69 -------- Dão, Bairrada and Douro 15,4 EUR/hl 0
2204 21 71 -------- Navarra 15,4 EUR/hl 0
2204 21 74 -------- Penedés 15,4 EUR/hl 0
2204 21 76 -------- Rioja 15,4 EUR/hl 0
2204 21 77 -------- Valdepeñas 15,4 EUR/hl 0
2204 21 78 -------- Other 15,4 EUR/hl 0
2204 21 79 ------- White 15,4 EUR/hl 0
2204 21 80 ------- Other 15,4 EUR/hl 0
2204 21 81 ------- White 15,4 EUR/hl 0
2204 21 82 ------- Other 15,4 EUR/hl 0
2204 21 83 ------- White 15,4 EUR/hl 0
2204 21 84 ------- Other 15,4 EUR/hl 0
2204 21 85 ------- Madeira and Setubal muscatel 15,8 EUR/hl 0
& /en 214
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2204 21 86 ------- Sherry 15,8 EUR/hl 0
2204 21 87 ------- Marsala 20,9 EUR/hl 0
2204 21 88 ------- Samos and Muscat de Lemnos 20,9 EUR/hl 0
2204 21 89 ------- Port 15,8 EUR/hl 0
2204 21 90 ------- Other 20,9 EUR/hl 0
2204 21 91 ------ Other 20,9 EUR/hl 0
2204 21 93 ------ White 0 EUR/hl 0 See Note 2
2204 21 94 ------ Other 0 EUR/hl 0 See Note 2
2204 21 95 ------ White 0 EUR/hl 0 See Note 2
2204 21 96 ------ Other 0 EUR/hl 0 See Note 2
2204 21 97 ------ White 0 EUR/hl 0 See Note 2
2204 21 98 ------ Other 0 EUR/hl 0 See Note 2
& /en 215
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2204 22 10 --- Wine, other than that referred to in subheading 2204 10, in 0 EUR/hl 0 See Note 2
bottles with "mushroom" stoppers held in place by ties or
fastenings; wine, otherwise put up, with an excess pressure due
to carbon dioxide in solution of not less than 1 bar but less
than 3 bar, measured at a temperature of 20 °C
2204 22 22 ------- Bordeaux 12,1 EUR/hl 0
2204 22 23 ------- Bourgogne (Burgundy) 12,1 EUR/hl 0
2204 22 24 ------- Beaujolais 12,1 EUR/hl 0
2204 22 26 ------- Vallée du Rhône 12,1 EUR/hl 0
2204 22 27 ------- Languedoc-Roussillon 12,1 EUR/hl 0
2204 22 28 ------- Val de Loire (Loire Valley) 12,1 EUR/hl 0
2204 22 32 ------- Piemonte (Piedmont) 12,1 EUR/hl 0
2204 22 33 ------- Tokaj 12,1 EUR/hl 0
2204 22 38 -------- White 12,1 EUR/hl 0
2204 22 78 -------- Other 12,1 EUR/hl 0
& /en 216
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2204 22 79 ------- White 12,1 EUR/hl 0
2204 22 80 ------- Other 12,1 EUR/hl 0
2204 22 81 ------- White 12,1 EUR/hl 0
2204 22 82 ------- Other 12,1 EUR/hl 0
2204 22 83 ------- White 12,1 EUR/hl 0
2204 22 84 ------- Other 12,1 EUR/hl 0
2204 22 85 ------- Madeira and Setubal muscatel 13,1 EUR/hl 0
2204 22 86 ------- Sherry 13,1 EUR/hl 0
2204 22 88 ------- Samos and Muscat de Lemnos 20,9 EUR/hl 0
2204 22 90 ------- Other 20,9 EUR/hl 0
2204 22 91 ------ Other 20,9 EUR/hl 0
2204 22 93 ------ White 0 EUR/hl 0 See Note 2
2204 22 94 ------ Other 0 EUR/hl 0 See Note 2
2204 22 95 ------ White 0 EUR/hl 0 See Note 2
2204 22 96 ------ Other 0 EUR/hl 0 See Note 2
& /en 217
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2204 22 97 ------ White 0 EUR/hl 0 See Note 2
2204 22 98 ------ Other 0 EUR/hl 0 See Note 2
2204 29 10 --- Wine, other than that referred to in subheading 2204 10, in 0 EUR/hl 0 See Note 2
bottles with "mushroom" stoppers held in place by ties or
fastenings; wine, otherwise put up, with an excess pressure due
to carbon dioxide in solution of not less than 1 bar but less
than 3 bar, measured at a temperature of 20 °C
2204 29 22 ------- Bordeaux 12,1 EUR/hl 0
2204 29 23 ------- Bourgogne (Burgundy) 12,1 EUR/hl 0
2204 29 24 ------- Beaujolais 12,1 EUR/hl 0
2204 29 26 ------- Vallée du Rhône 12,1 EUR/hl 0
2204 29 27 ------- Languedoc-Roussillon 12,1 EUR/hl 0
2204 29 28 ------- Val de Loire (Loire Valley) 12,1 EUR/hl 0
2204 29 32 ------- Piemonte (Piedmont) 12,1 EUR/hl 0
2204 29 38 -------- White 12,1 EUR/hl 0
2204 29 78 -------- Other 12,1 EUR/hl 0
& /en 218
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2204 29 79 ------- White 12,1 EUR/hl 0
2204 29 80 ------- Other 12,1 EUR/hl 0
2204 29 81 ------- White 12,1 EUR/hl 0
2204 29 82 ------- Other 12,1 EUR/hl 0
2204 29 83 ------- White 12,1 EUR/hl 0
2204 29 84 ------- Other 12,1 EUR/hl 0
2204 29 85 ------- Madeira and Setubal muscatel 13,1 EUR/hl 0
2204 29 86 ------- Sherry 13,1 EUR/hl 0
2204 29 88 ------- Samos and Muscat de Lemnos 20,9 EUR/hl 0
2204 29 90 ------- Other 20,9 EUR/hl 0
2204 29 91 ------ Other 20,9 EUR/hl 0
2204 29 93 ------ White 0 EUR/hl 0 See Note 2
2204 29 94 ------ Other 0 EUR/hl 0 See Note 2
2204 29 95 ------ White 0 EUR/hl 0 See Note 2
2204 29 96 ------ Other 0 EUR/hl 0 See Note 2
& /en 219
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2204 29 97 ------ White 0 EUR/hl 0 See Note 2
2204 29 98 ------ Other 0 EUR/hl 0 See Note 2
2204 30 10 -- In fermentation or with fermentation arrested otherwise than 0 0 See Note 2
by the addition of alcohol
2204 30 92 ---- Concentrated 0 % + specific duty 0+EP See Note 3
component of the entry price
system
2204 30 94 ---- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
2204 30 96 ---- Concentrated 0 % + specific duty 0+EP See Note 3
component of the entry price
system
2204 30 98 ---- Other 0 % + specific duty 0+EP See Note 3
component of the entry price
system
& /en 220
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2205 10 10 -- Of an actual alcoholic strength by volume of 18 % vol or less 7,6 EUR/hl 5
2205 10 90 -- Of an actual alcoholic strength by volume exceeding 18 % vol 0 EUR/% vol/hl + 4,4 EUR/hl 5
2205 90 10 -- Of an actual alcoholic strength by volume of 18 % vol or less 6,3 EUR/hl 5
2205 90 90 -- Of an actual alcoholic strength by volume exceeding 18 % vol 0 EUR/% vol/hl 0 See Note 2
2206 00 10 - Piquette 0 EUR/% vol/hl 0 See Note 2
2206 00 31 --- Cider and perry 13,4 EUR/hl 3
2206 00 39 --- Other 13,4 EUR/hl 3
2206 00 51 ---- Cider and perry 5,3 EUR/hl 3
2206 00 59 ---- Other 5,3 EUR/hl 3
2206 00 81 ---- Cider and perry 4 EUR/hl 3
2206 00 89 ---- Other 4 EUR/hl 3
2207 10 00 - Undenatured ethyl alcohol of an alcoholic strength by volume 19,2 EUR/hl E TRQ-EL
of 80 % vol or higher
2207 20 00 - Ethyl alcohol and other spirits, denatured, of any strength 10,2 EUR/hl E TRQ-EL
& /en 221
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2208 20 12 ---- Cognac 0 0 See Note 2
2208 20 14 ---- Armagnac 0 0 See Note 2
2208 20 16 ----- Brandy de Jerez 0 0 See Note 2
2208 20 18 ----- Other 0 0 See Note 2
2208 20 19 ---- Other 0 0 See Note 2
2208 20 26 ---- Grappa 0 0 See Note 2
2208 20 28 ---- Other 0 0 See Note 2
2208 20 62 ---- Cognac 0 0 See Note 2
2208 20 66 ---- Brandy or Weinbrand 0 0 See Note 2
2208 20 69 ---- Other 0 0 See Note 2
2208 20 86 ---- Grappa 0 0 See Note 2
2208 20 88 ---- Other 0 0 See Note 2
2208 30 11 --- 2 litres or less 0 0 See Note 2
2208 30 19 --- More than 2 litres 0 0 See Note 2
& /en 222
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2208 30 30 --- Single malt whisky 0 0 See Note 2
2208 30 41 ---- 2 litres or less 0 0 See Note 2
2208 30 49 ---- More than 2 litres 0 0 See Note 2
2208 30 61 ---- 2 litres or less 0 0 See Note 2
2208 30 69 ---- More than 2 litres 0 0 See Note 2
2208 30 71 ---- 2 litres or less 0 0 See Note 2
2208 30 79 ---- More than 2 litres 0 0 See Note 2
2208 30 82 --- 2 litres or less 0 0 See Note 2
2208 30 88 --- More than 2 litres 0 0 See Note 2
2208 40 11 --- Rum with a content of volatile substances other than ethyl and 0,6 EUR/%vol/hl + 3,2 E TRQ-RM
methyl alcohol equal to or exceeding 225 grams per hectolitre of EUR/hl
pure alcohol (with a 10 % tolerance)
2208 40 31 ---- Of a value exceeding EUR 7,9 per litre of pure alcohol 0 0
2208 40 39 ---- Other 0,6 EUR/%vol/hl + 3,2 E TRQ-RM
EUR/hl
& /en 223
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2208 40 51 --- Rum with a content of volatile substances other than ethyl and 0,6 EUR/%vol/hl E TRQ-RM
methyl alcohol equal to or exceeding 225 grams per hectolitre of
pure alcohol (with a 10 % tolerance)
2208 40 91 ---- Of a value exceeding EUR 2 per litre of pure alcohol 0 0
2208 40 99 ---- Other 0,6 EUR/%vol/hl E TRQ-RM
2208 50 11 --- 2 litres or less 0 0 See Note 2
2208 50 19 --- More than 2 litres 0 0 See Note 2
2208 50 91 --- 2 litres or less 0 0 See Note 2
2208 50 99 --- More than 2 litres 0 0 See Note 2
2208 60 11 --- 2 litres or less 0 0 See Note 2
2208 60 19 --- More than 2 litres 0 0 See Note 2
2208 60 91 --- 2 litres or less 0 0 See Note 2
2208 60 99 --- More than 2 litres 0 0 See Note 2
2208 70 10 -- In containers holding 2 litres or less 0 0 See Note 2
& /en 224
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2208 70 90 -- In containers holding more than 2 litres 0 0 See Note 2
2208 90 11 --- 2 litres or less 0 0 See Note 2
2208 90 19 --- More than 2 litres 0 0 See Note 2
2208 90 33 --- 2 litres or less 0 0 See Note 2
2208 90 38 --- More than 2 litres 0 0 See Note 2
2208 90 41 ---- Ouzo 0 0 See Note 2
2208 90 45 ------- Calvados 0 0 See Note 2
2208 90 48 ------- Other 0 0 See Note 2
2208 90 54 ------- Tequila 0 0 See Note 2
2208 90 56 ------- Other 0 0 See Note 2
2208 90 69 ----- Other spirituous beverages 0 0 See Note 2
2208 90 71 ----- Distilled from fruit 0 0 See Note 2
2208 90 75 ----- Tequila 0 0 See Note 2
2208 90 77 ----- Other 0 0 See Note 2
& /en 225
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2208 90 78 ---- Other spirituous beverages 0 0 See Note 2
2208 90 91 --- 2 litres or less 0,7 EUR/% vol/hl + 5
4,4 EUR/hl
2208 90 99 --- More than 2 litres 0,7 EUR/% vol/hl 5
2209 00 11 -- 2 litres or less 4,4 EUR/hl 3
2209 00 19 -- More than 2 litres 3,3 EUR/hl 3
2209 00 91 -- 2 litres or less 3,5 EUR/hl 3
2209 00 99 -- More than 2 litres 2,6 EUR/hl 3
2301 10 00 - Flours, meals and pellets, of meat or meat offal; greaves 0 0 See Note 2
2301 20 00 - Flours, meals and pellets, of fish or of crustaceans, molluscs or 0 0 See Note 2
other aquatic invertebrates
2302 10 10 -- With a starch content not exceeding 35 % by weight 44 EUR/1 000 kg 7
2302 10 90 -- Other 89 EUR/1 000 kg 7
& /en 226
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2302 30 10 -- Of which the starch content does not exceed 28 % by weight, 44 EUR/1 000 kg 7
and of which the proportion that passes through a sieve with an
aperture of 0,2 mm does not exceed 10 % by weight or
alternatively the proportion that passes through the sieve has an
ash content, calculated on the dry product, equal to or more
than 1,5 % by weight
2302 30 90 -- Other 89 EUR/1 000 kg 7
2302 40 02 --- With a starch content not exceeding 35 % by weight 44 EUR/1 000 kg 7
2302 40 08 --- Other 89 EUR/1 000 kg 7
2302 40 10 --- Of which the starch content does not exceed 28 % by weight, 44 EUR/1 000 kg 7
and of which the proportion that passes through a sieve with an
aperture of 0,2 mm does not exceed 10 % by weight or
alternatively the proportion that passes through the sieve has an
ash content, calculated on the dry product, equal to or more
than 1,5 % by weight
2302 40 90 --- Other 89 EUR/1 000 kg 7
& /en 227
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2302 50 00 - Of leguminous plants 0 0 See Note 2
2303 10 11 --- Exceeding 40 % by weight 320 EUR/1 000 kg 7
2303 10 19 --- Not exceeding 40 % by weight 0 0 See Note 2
2303 10 90 -- Other 0 0 See Note 2
2303 20 10 -- Beet-pulp 0 0 See Note 2
2303 20 90 -- Other 0 0 See Note 2
2303 30 00 - Brewing or distilling dregs and waste 0 0 See Note 2
2304 00 00 Oilcake and other solid residues, whether or not ground or in the 0 0 See Note 2
form of pellets, resulting from the extraction of soya-bean oil
2305 00 00 Oilcake and other solid residues, whether or not ground or in the 0 0 See Note 2
form of pellets, resulting from the extraction of groundnut oil
2306 10 00 - Of cotton seeds 0 0 See Note 2
2306 20 00 - Of linseed 0 0 See Note 2
2306 30 00 - Of sunflower seeds 0 0 See Note 2
& /en 228
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2306 41 00 -- Of low erucic acid rape or colza seeds 0 0 See Note 2
2306 49 00 -- Other 0 0 See Note 2
2306 50 00 - Of coconut or copra 0 0 See Note 2
2306 60 00 - Of palm nuts or kernels 0 0 See Note 2
2306 90 05 -- Of maize (corn) germ 0 0 See Note 2
2306 90 11 ---- Containing 3 % or less by weight of olive oil 0 0 See Note 2
2306 90 19 ---- Containing more than 3 % by weight of olive oil 48 EUR/1 000 kg 7
2306 90 90 --- Other 0 0 See Note 2
2307 00 11 -- Having a total alcoholic strength by mass not 0 0 See Note 2
exceeding 7,9 % mas and a dry matter content not less than 25 %
by weight
2307 00 19 -- Other 0 EUR/kg/tot/alc 0 See Note 2
2307 00 90 - Argol 0 0 See Note 2
& /en 229
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2308 00 11 -- Having a total alcoholic strength by mass not 0 0 See Note 2
exceeding 4,3 % mas and a dry matter content not less than 40 %
by weight
2308 00 19 -- Other 0 EUR/kg/tot/alc 0 See Note 2
2308 00 40 - Acorns and horse-chestnuts; pomace or marc of fruit, other than 0 0 See Note 2
grapes
2308 00 90 - Other 0 0 See Note 2
2309 10 11 ----- Containing no milk products or containing less than 10 % by 0 0 See Note 2
weight of such products
2309 10 13 ----- Containing not less than 10 % but less than 50 % by weight 498 EUR/1 000 kg 7
of milk products
2309 10 15 ----- Containing not less than 50 % but less than 75 % by weight 730 EUR/1 000 kg 7
of milk products
2309 10 19 ----- Containing not less than 75 % by weight of milk products 948 EUR/1 000 kg 7
& /en 230
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2309 10 31 ----- Containing no milk products or containing less than 10 % by 0 0 See Note 2
weight of such products
2309 10 33 ----- Containing not less than 10 % but less than 50 % by weight 530 EUR/1 000 kg 7
of milk products
2309 10 39 ----- Containing not less than 50 % by weight of milk products 888 EUR/1 000 kg 7
2309 10 51 ----- Containing no milk products or containing less than 10 % by 102 EUR/1 000 kg 7
weight of such products
2309 10 53 ----- Containing not less than 10 % but less than 50 % by weight 577 EUR/1 000 kg 7
of milk products
2309 10 59 ----- Containing not less than 50 % by weight of milk products 730 EUR/1 000 kg 7
2309 10 70 --- Containing no starch, glucose, glucose syrup, maltodextrine 948 EUR/1 000 kg 7
or maltodextrine syrup but containing milk products
2309 10 90 -- Other 0 0 See Note 2
2309 90 10 -- Fish or marine mammal solubles 0 0 See Note 2
& /en 231
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2309 90 20 -- Products referred to in additional Note 5 to this chapter 0 0 See Note 2
2309 90 31 ------ Containing no milk products or containing less than 10 % 23 EUR/1 000 kg 7
by weight of such products
2309 90 33 ------ Containing not less than 10 % but less than 50 % by weight 498 EUR/1 000 kg 7
of milk products
2309 90 35 ------ Containing not less than 50 % but less than 75 % by weight 730 EUR/1 000 kg 7
of milk products
2309 90 39 ------ Containing not less than 75 % by weight of milk products 948 EUR/1 000 kg 7
2309 90 41 ------ Containing no milk products or containing less than 10 % 55 EUR/1 000 kg 7
by weight of such products
2309 90 43 ------ Containing not less than 10 % but less than 50 % by weight 530 EUR/1 000 kg 7
of milk products
2309 90 49 ------ Containing not less than 50 % by weight of milk products 888 EUR/1 000 kg 7
& /en 232
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2309 90 51 ------ Containing no milk products or containing less than 10 % 102 EUR/1 000 kg 7
by weight of such products
2309 90 53 ------ Containing not less than 10 % but less than 50 % by weight 577 EUR/1 000 kg 7
of milk products
2309 90 59 ------ Containing not less than 50 % by weight of milk products 730 EUR/1 000 kg 7
2309 90 70 ---- Containing no starch, glucose, glucose syrup, maltodextrine 948 EUR/1 000 kg 7
or maltodextrine syrup but containing milk products
2309 90 91 ---- Beet-pulp with added molasses 0 0 See Note 2
2309 90 96 ---- Other 0 0 See Note 2
2401 10 35 -- Light air-cured tobacco: – –
ex 2401 10 35 --- Light air-cured Burley type (including Burley hybrids) 14,9 MAX 24 EUR/100 kg/net 3
ex 2401 10 35 --- Light air-cured Maryland type 6,4 MAX 24 EUR/100 kg/net 3
ex 2401 10 35 --- Other 3,9 MAX 56 EUR/100 kg/net 3
& /en 233
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2401 10 60 -- Sun-cured Oriental type tobacco 7,7 MAX 56 EUR/100 kg/net 3
2401 10 70 -- Dark air-cured tobacco 7,7 MAX 56 EUR/100 kg/net 3
2401 10 85 -- Flue-cured tobacco: – –
ex 2401 10 85 --- Flue-cured Virginia type 14,9 MAX 24 EUR/100 kg/net 3
ex 2401 10 85 --- Other 3,9 MAX 56 EUR/100 kg/net 3
2401 10 95 -- Other: – –
--- Fire-cured tobacco: – –
ex 2401 10 95 ---- Kentucky type 14,9 MAX 24 EUR/100 kg/net 3
ex 2401 10 95 ---- Other 6,4 MAX 24 EUR/100 kg/net 3
ex 2401 10 95 --- Other tobacco 3,9 MAX 56 EUR/100 kg/net 3
2401 20 35 -- Light air-cured tobacco: – –
ex 2401 20 35 --- Light air-cured Burley type (including Burley hybrids) 14,9 MAX 24 EUR/100 kg/net 3
ex 2401 20 35 --- Light air-cured Maryland type 6,4 MAX 24 EUR/100 kg/net 3
ex 2401 20 35 --- Other 3,9 MAX 56 EUR/100 kg/net 3
& /en 234
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2401 20 60 -- Sun-cured Oriental type tobacco 7,7 MAX 56 EUR/100 kg/net 3
2401 20 70 -- Dark air-cured tobacco 7,7 MAX 56 EUR/100 kg/net 3
2401 20 85 -- Flue-cured tobacco: – –
ex 2401 20 85 --- Flue-cured Virginia type 14,9 MAX 24 EUR/100 kg/net 3
ex 2401 20 85 --- Other 3,9 MAX 56 EUR/100 kg/net 3
2401 20 95 -- Other: – –
--- Fire-cured tobacco: – –
ex 2401 20 95 ---- Kentucky type 14,9 MAX 24 EUR/100 kg/net 3
ex 2401 20 95 ---- Other 6,4 MAX 24 EUR/100 kg/net 3
ex 2401 20 95 --- Other tobacco 3,9 MAX 56 EUR/100 kg/net 3
2401 30 00 - Tobacco refuse 3,9 MAX 56 EUR/100 kg/net 3
2402 10 00 - Cigars, cheroots and cigarillos, containing tobacco 0 0 See Note 2
2402 20 10 -- Containing cloves 0 0 See Note 2
& /en 235
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2402 20 90 -- Other 0 0 See Note 2
2402 90 00 - Other 0 0 See Note 2
2403 11 00 -- Water-pipe tobacco specified in subheading Note 1 to this 0 0 See Note 2
chapter
2403 19 10 --- In immediate packings of a net content not exceeding 500 g 0 0 See Note 2
2403 19 90 --- Other 0 0 See Note 2
2403 91 00 -- "Homogenised" or "reconstituted" tobacco 0 0 See Note 2
2403 99 10 --- Chewing tobacco and snuff (nasal tobacco) 0 0 See Note 2
2403 99 90 --- Other 0 0 See Note 2
2905 11 00 -- Methanol (methyl alcohol) 0 0 See Note 2
2905 12 00 -- Propan-1-ol (propyl alcohol) and propan-2-ol 0 0 See Note 2
(isopropyl alcohol)
2905 13 00 -- Butan-1-ol (n-butyl alcohol) 0 0 See Note 2
& /en 236
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2905 14 10 --- 2-Methylpropan-2-ol (tert-butyl alcohol) 0 0 See Note 2
2905 14 90 --- Other 0 0 See Note 2
2905 16 20 --- Octan-2-ol 0 0 See Note 2
2905 16 85 --- Other 0 0 See Note 2
2905 17 00 -- Dodecan-1-ol (lauryl alcohol), hexadecan-1-ol (cetyl alcohol) 0 0 See Note 2
and octadecan-1-ol (stearyl alcohol)
2905 19 00 -- Other 0 0 See Note 2
2905 22 00 -- Acyclic terpene alcohols 0 0 See Note 2
2905 29 10 --- Allyl alcohol 0 0 See Note 2
2905 29 90 --- Other 0 0 See Note 2
2905 31 00 -- Ethylene glycol (ethanediol) 0 0 See Note 2
2905 32 00 -- Propylene glycol (propane-1,2-diol) 0 0 See Note 2
2905 39 20 --- Butane-1,3-diol 0 0 See Note 2
& /en 237
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2905 39 26 ---- Butane-1,4-diol or tetramethylene glycol (1,4-butanediol) 0 0 See Note 2
having a bio-based carbon content of 100 % by mass
2905 39 28 ---- Other 0 0 See Note 2
2905 39 30 --- 2,4,7,9-Tetramethyldec-5-yne-4,7-diol 0 0 See Note 2
2905 39 95 --- Other 0 0 See Note 2
2905 41 00 -- 2-Ethyl-2-(hydroxymethyl)propane-1,3-diol 0 0 See Note 2
(trimethylolpropane)
2905 42 00 -- Pentaerythritol 0 0 See Note 2
2905 43 00 -- Mannitol 9,6 + 125,8 EUR/100 kg E TRQ-SH
2905 44 11 ---- Containing 2 % or less by weight of D-mannitol, calculated 7,7 + 16,1 EUR/100 kg E TRQ-SH
on the D-glucitol content
2905 44 19 ---- Other 9 + 37,8 EUR/100 kg E TRQ-SH
2905 44 91 ---- Containing 2 % or less by weight of D-mannitol, calculated 7,7 + 23 EUR/100 kg E TRQ-SH
on the D-glucitol content
2905 44 99 ---- Other 9 + 53,7 EUR/100 kg E TRQ-SH
& /en 238
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
2905 45 00 -- Glycerol 0 0 See Note 2
2905 49 00 -- Other 0 0 See Note 2
2905 51 00 -- Ethchlorvynol (INN) 0 0 See Note 2
2905 59 91 --- 2,2-Bis(bromomethyl)propanediol 0 0 See Note 2
2905 59 98 --- Other 0 0 See Note 2
3302 10 10 ---- Of an actual alcoholic strength by volume exceeding 0,5 % 0 0 See Note 2
3302 10 21 ----- Containing no milkfats, sucrose, isoglucose, glucose or 0 0 See Note 2
starch or containing, by weight, less than 1,5 % milkfat, 5 %
sucrose or isoglucose, 5 % glucose or starch
3302 10 29 ----- Other 0 + EA E TRQ-SR
3302 10 40 --- Other 0 0 See Note 2
3302 10 90 -- Of a kind used in the food industries 0 0 See Note 2
3302 90 10 -- Alcoholic solutions 0 0 See Note 2
3302 90 90 -- Other 0 0 See Note 2
& /en 239
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
3502 11 10 --- Unfit, or to be rendered unfit, for human consumption 0 0 See Note 2
3502 11 90 --- Other 123,5 EUR/100 kg E TRQ-EG
3502 19 10 --- Unfit, or to be rendered unfit, for human consumption 0 0 See Note 2
3502 19 90 --- Other 16,7 EUR/100 kg E TRQ-EG
3502 20 10 -- Unfit, or to be rendered unfit, for human consumption 0 0 See Note 2
3502 20 91 --- Dried (for example, in sheets, scales, flakes, powder) 123,5 EUR/100 kg 7
3502 20 99 --- Other 16,7 EUR/100 kg 7
3502 90 20 --- Unfit, or to be rendered unfit, for human consumption 0 0 See Note 2
3502 90 70 --- Other 0 0 See Note 2
3502 90 90 -- Albuminates and other albumin derivatives 0 0 See Note 2
3505 10 10 -- Dextrins 9 + 17,7 EUR/100 kg E TRQ-SH
3505 10 50 --- Starches, esterified or etherified 0 0 See Note 2
3505 10 90 --- Other 9 + 17,7 EUR/100 kg E TRQ-SH
& /en 240
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
3505 20 10 -- Containing, by weight, less than 25 % of starches or dextrins 8,3 + 4,5 EUR/100 kg 5
or other modified starches MAX 11,5
3505 20 30 -- Containing, by weight, 25 % or more but less than 55 % of 8,3 + 8,9 EUR/100 kg 5
starches or dextrins or other modified starches MAX 11,5
3505 20 50 -- Containing, by weight, 55 % or more but less than 80 % of 8,3 + 14,2 EUR/100 kg 5
starches or dextrins or other modified starches MAX 11,5
3505 20 90 -- Containing, by weight, 80 % or more of starches or dextrins or 8,3 + 17,7 EUR/100 kg 5
other modified starches MAX 11,5
3809 10 10 -- Containing by weight less than 55 % of such substances 8,3 + 8,9 EUR/100 kg 5
MAX 12,8
3809 10 30 -- Containing by weight 55 % or more but less than 70 % of such 8,3 + 12,4 EUR/100 kg 5
substances MAX 12,8
3809 10 50 -- Containing by weight 70 % or more but less than 83 % of such 8,3 + 15,1 EUR/100 kg 5
substances MAX 12,8
& /en 241
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
3809 10 90 -- Containing by weight 83 % or more of such substances 8,3 + 17,7 EUR/100 kg 5
MAX 12,8
3809 91 00 -- Of a kind used in the textile or like industries 0 0 See Note 2
3809 92 00 -- Of a kind used in the paper or like industries 0 0 See Note 2
3809 93 00 -- Of a kind used in the leather or like industries 0 0 See Note 2
3824 10 00 - Prepared binders for foundry moulds or cores 0 0 See Note 2
3824 30 00 - Non-agglomerated metal carbides mixed together or with 0 0 See Note 2
metallic binders
3824 40 00 - Prepared additives for cements, mortars or concretes 0 0 See Note 2
3824 50 10 -- Concrete ready to pour 0 0 See Note 2
3824 50 90 -- Other 0 0 See Note 2
3824 60 11 --- Containing 2 % or less by weight of D-mannitol, calculated 7,7 + 16,1 EUR/100 kg E TRQ-SH
on the D-glucitol content
3824 60 19 --- Other 9 + 37,8 EUR/100 kg E TRQ-SH
& /en 242
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
3824 60 91 --- Containing 2 % or less by weight of D-mannitol, calculated 7,7 + 23 EUR/100 kg E TRQ-SH
on the D-glucitol content
3824 60 99 --- Other 9 + 53,7 EUR/100 kg E TRQ-SH
3824 71 00 -- Containing chlorofluorocarbons (CFCs), whether or not 0 0 See Note 2
containing hydrochlorofluorocarbons (HCFCs), perfluorocarbons
(PFCs) or hydrofluorocarbons (HFCs)
3824 72 00 -- Containing bromochlorodifluoromethane, 0 0 See Note 2
bromotrifluoromethane or dibromotetrafluoroethanes
3824 73 00 -- Containing hydrobromofluorocarbons (HBFCs) 0 0 See Note 2
3824 74 00 -- Containing hydrochlorofluorocarbons (HCFCs), whether or 0 0 See Note 2
not containing perfluorocarbons (PFCs) or hydrofluorocarbons
(HFCs), but not containing chlorofluorocarbons (CFCs)
3824 75 00 -- Containing carbon tetrachloride 0 0 See Note 2
3824 76 00 -- Containing 1,1,1-trichloroethane (methyl chloroform) 0 0 See Note 2
& /en 243
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
3824 77 00 -- Containing bromomethane (methyl bromide) or 0 0 See Note 2
bromochloromethane
3824 78 10 --- Containing only 1,1,1-trifluoroethane and pentafluoroethane 0 0 See Note 2
3824 78 20 --- Containing only 1,1,1-trifluoroethane, pentafluoroethane and 0 0 See Note 2
1,1,1,2-tetrafluoroethane
3824 78 30 --- Containing only difluoromethane and pentafluoroethane 0 0 See Note 2
3824 78 40 --- Containing only difluoromethane, pentafluoroethane and 0 0 See Note 2
1,1,1,2-tetrafluoroethane
3824 78 80 --- Containing unsaturated hydrofluorocarbons 0 0 See Note 2
3824 78 90 --- Other 0 0 See Note 2
3824 79 00 -- Other 0 0 See Note 2
3824 81 00 -- Containing oxirane (ethylene oxide) 0 0 See Note 2
3824 82 00 -- Containing polychlorinated biphenyls (PCBs), polychlorinated 0 0 See Note 2
terphenyls (PCTs) or polybrominated biphenyls (PBBs)
& /en 244
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
3824 83 00 -- Containing tris(2,3-dibromopropyl) phosphate 0 0 See Note 2
3824 84 00 -- Containing aldrin (ISO), camphechlor (ISO) (toxaphene), 0 0 See Note 2
chlordane (ISO), chlordecone (ISO), DDT (ISO) (clofenotane
(INN), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane), dieldrin
(ISO, INN), endosulfan (ISO), endrin (ISO), heptachlor (ISO) or
mirex (ISO)
3824 85 00 -- Containing 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), 0 0 See Note 2
including lindane (ISO, INN)
3824 86 00 -- Containing pentachlorobenzene (ISO) or hexachlorobenzene 0 0 See Note 2
(ISO)
3824 87 00 -- Containing perfluorooctane sulphonic acid, its salts, 0 0 See Note 2
perfluorooctane sulphonamides, or perfluorooctane sulphonyl
fluoride
3824 88 00 -- Containing tetra-, penta-, hexa-, hepta- or octabromodiphenyl 0 0 See Note 2
ethers
& /en 245
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
3824 91 00 -- Mixtures and preparations consisting mainly of 0 0 See Note 2
(5-ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl)methyl
methyl methylphosphonate and bis[(5-ethyl-2-methyl-2-oxido-
1,3,2-dioxaphosphinan-5-yl)methyl] methylphosphonate
3824 99 10 --- Petroleum sulphonates, excluding petroleum sulphonates of 0 0 See Note 2
alkali metals, of ammonium or of ethanolamines; thiophenated
sulphonic acids of oils obtained from bituminous minerals, and
their salts
3824 99 15 --- Ion-exchangers 0 0 See Note 2
3824 99 20 --- Getters for vacuum tubes 0 0 See Note 2
3824 99 25 --- Pyrolignites (for example, of calcium); crude calcium tartrate; 0 0 See Note 2
crude calcium citrate
3824 99 30 --- Naphthenic acids, their water-insoluble salts and their esters 0 0 See Note 2
3824 99 45 ---- Anti-scaling and similar compounds 0 0 See Note 2
3824 99 50 ---- Preparations for electroplating 0 0 See Note 2
& /en 246
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
3824 99 55 ---- Mixtures of mono-, di- and tri-, fatty acid esters of glycerol 0 0 See Note 2
(emulsifiers for fats)
3824 99 56 ----- Containing products of subheading 2939 79 10 0 0 See Note 2
3824 99 57 ----- Other 0 0 See Note 2
3824 99 58 ---- Nicotine patches (transdermal systems), intended to assist 0 0 See Note 2
smokers to stop smoking
3824 99 61 ----- Intermediate products of the antibiotics manufacturing 0 0 See Note 2
process obtained from the fermentation of Streptomyces
tenebrarius, whether or not dried, for use in the manufacture of
human medicaments of heading 3004
3824 99 62 ----- Intermediate products from the manufacture of monensin 0 0 See Note 2
salts
3824 99 64 ----- Other 0 0 See Note 2
3824 99 65 ---- Auxiliary products for foundries (other than those of 0 0 See Note 2
subheading 3824 10 00)
& /en 247
Tariff item Staging
Description (see Note 1) Base rate Notes
(CN 2021) category
3824 99 70 ---- Fireproofing, waterproofing and similar protective 0 0 See Note 2
preparations used in the building industry
3824 99 75 ----- Lithium niobate wafer, undoped 0 0 See Note 2
3824 99 80 ----- Mixture of amines derived from dimerised fatty acids, of an 0 0 See Note 2
average molecular weight of 520 or more but not exceeding 550
3824 99 85 ----- 3-(1-Ethyl-1-methylpropyl)isoxazol-5-ylamine, in the form 0 0 See Note 2
of a solution in toluene
3824 99 86 ----- Mixtures consisting mainly of dimethyl methylphosphonate, 0 0 See Note 2
oxirane and diphosphorus pentaoxide
3824 99 92 ------ In the form of a liquid at 20 °C 0 0 See Note 2
3824 99 93 ------ Other 0 0 See Note 2
3824 99 96 ----- Other 0 0 See Note 2
& /en 248
Appendix 2-2
TARIFF SCHEDULE OF CHILE
Note 1: The scope of products in this list is determined by codes as set out in Decree N°514
of 1 December 2016 of the Ministry of Finance, amended by Decrees N°334 of 2017,
N°175 of 2018 and N°458 of 2019.
Note 2: Goods originating in the European Union imported into Chile and classified in a tariff
item with an annotation referring to this Note will continue to receive duty free
treatment as agreed under the 2002 Association Agreement.
Note 3: The Price Band System ([hereinafter referred to as "PBS"]) is established in Article 12
of Law 18.525.1 Chile may maintain its PBS as established in Article 12 of Law 18.525
or succeeding system, for goods classified in the following tariff items: 1701.1200,
1701.1300, 1701.1400, 1701.9100, 1701.9910, 1701.9920, 1701.9990; provided it is
applied consistently with Chile's rights and obligations under the WTO Agreement and
in a manner that does not afford more favourable treatment to imports of any third
country, including countries with which Chile has concluded, or will conclude in the
future, an agreement notified under Article XXIV of GATT 1994.
1 Ley 18.525, de 1986, del Ministerio de Hacienda, que establece Normas sobre Importación
de Mercancías al país (Law 18.525, 1986, Ministry of Finance, establishing rules on
importation of goods into the country)
& /en 249
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0301.1100 -- Freshwater 0% See Note 2
0301.1900 -- Other 0% See Note 2
0301.9100 -- Trout (Salmo trutta, Oncorhynchus mykiss, 0% See Note 2
Oncorhynchus clarki, Oncorhynchus aguabonita,
Oncorhynchus gilae, Oncorhynchus apache and
Oncorhynchus chrysogaster):
0301.9200 -- Eels (Anguilla spp.) 0% See Note 2
0301.9300 -- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon 0% See Note 2
idellus, Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.)
0301.9400 -- Atlantic and Pacific bluefin tunas (Thunnus thynnus, 0% See Note 2
Thunnus orientalis)
0301.9500 -- Southern bluefin tunas (Thunnus maccoyii) 0% See Note 2
0301.9900 -- Other 0% See Note 2
& /en 250
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.1110 ---Whole 0% See Note 2
0302.1120 ---Headed and gutted ("HG") 0% See Note 2
0302.1130 ---Medallions (slices, "steak")* 0% See Note 2
0302.1190 ---Other 0% See Note 2
0302.1310 --- Whole 0% See Note 2
0302.1320 --- Headed and gutted ("HG") 0% See Note 2
0302.1330 ---- Medallions (slices, "steak")* 0% See Note 2
0302.1340 --- Headed and gutted and without tail ("HGT") 0% See Note 2
0302.1390 --- Other 0% See Note 2
0302.1410 --- Whole 0% See Note 2
0302.1420 --- Headed and gutted ("HG") 0% See Note 2
0302.1430 ----Medallions (slices, "steak")* 0% See Note 2
0302.1440 --- Headed and gutted and without tail ("HGT") 0% See Note 2
& /en 251
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.1490 --- Other 0% See Note 2
0302.1900 -- Other 0% See Note 2
0302.2100 -- Halibut (Reinhardtius hippoglossoides, Hippoglossus 0% See Note 2
hippoglossus, Hippoglossus stenolepis)
0302.2200 -- Plaice (Pleuronectes platessa) 0% See Note 2
0302.2300 -- Sole (Solea spp.) 0% See Note 2
0302.2400 -- Turbots (Psetta maxima) 0% See Note 2
0302.2921 ----Whole 0% See Note 2
0302.2922 ----Headed and gutted ("HG") 0% See Note 2
0302.2929 ----Other 0% See Note 2
0302.2990 ---Other 0% See Note 2
0302.3110 ---Whole 0% See Note 2
0302.3120 ---Headed and gutted ("HG") 0% See Note 2
0302.3190 ---Other 0% See Note 2
& /en 252
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.3200 -- Yellowfin tunas (Thunnus albacares) 0% See Note 2
0302.3300 -- Skipjack or stripe-bellied bonito 0% See Note 2
0302.3400 -- Bigeye tunas (Thunnus obesus) 0% See Note 2
0302.3500 -- Atlantic and Pacific bluefin tunas (Thunnus thynnus, 0% See Note 2
Thunnus orientalis)
0302.3600 -- Southern bluefin tunas (Thunnus maccoyii) 0% See Note 2
0302.3900 -- Other 0% See Note 2
0302.4100 -- Herrings (Clupea harengus, Clupea pallasii) 0% See Note 2
0302.4200 -- Anchovies (Engraulis spp.) 0% See Note 2
0302.4311 --- Whole 0% See Note 2
0302.4312 ---- Headed and gutted ("HG") 0% See Note 2
0302.4319 ---- Other 0% See Note 2
0302.4390 --- Other 0% See Note 2
& /en 253
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.4400 -- Mackerel (Scomber scombrus, Scomber australasicus, 0% See Note 2
Scomber japonicus)
0302.4511 ---- Whole 0% See Note 2
0302.4512 ---- Headed and gutted ("HG") 0% See Note 2
0302.4519 ---- Other 0% See Note 2
0302.4590 --- Other 0% See Note 2
0302.4600 -- Cobia (Rachycentron canadum) 0% See Note 2
0302.4710 --- Whole 0% See Note 2
0302.4720 --- Headed and gutted ("HG") 0% See Note 2
0302.4730 --- Headed and gutted and without tail ("HGT") 0% See Note 2
0302.4790 --- Other 0% See Note 2
0302.4900 -- Other 0% See Note 2
0302.5100 -- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0% See Note 2
& /en 254
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.5200 -- Haddock (Melanogrammus aeglefinus) 0% See Note 2
0302.5300 -- Coalfish (Pollachius virens) 0% See Note 2
0302.5411 ---- South Pacific hake (Chilean Hake) (Merluccius gayi 6% 3 TRQ-Fish
gayi), whole
0302.5412 ---- South Pacific hake (Chilean Hake) (Merluccious gayi 6% 3 TRQ-Fish
gayi) headed and gutted ("HG")
0302.5413 ---- Patagonian Hake (Merluccius australis), whole 6% 3 TRQ-Fish
0302.5414 ---- Patagonian Hake (Merluccius australis), headed and 6% 3 TRQ-Fish
gutted ("HG")
0302.5415 ---- South Pacific hake (Chilean Hake) (Merluccius gayi 6% 3 TRQ-Fish
gayi), headed, gutted and without tail ("HGT")
0302.5416 ---- Patagonian Hake (Merluccius australis), headed, gutted 6% 3 TRQ-Fish
and without tail ("HGT")
0302.5419 ---- Other 6% 3 TRQ-Fish
0302.5490 --- Other 0% See Note 2
& /en 255
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.5500 -- Alaska Pollack (Theragra chalcogramma) 0% See Note 2
0302.5611 ---- Whole 0% See Note 2
0302.5612 ---- Headed and gutted ("HG") 0% See Note 2
0302.5613 ---- Headed and gutted and without tail ("HGT") 0% See Note 2
0302.5619 ---- Other 0% See Note 2
0302.5690 --- Other 0% See Note 2
0302.5911 ---- Whole 0% See Note 2
0302.5912 ---- Headed and gutted ("HG") 0% See Note 2
0302.5919 ---- Other 6% 3 TRQ-Fish
0302.5990 --- Other 0% See Note 2
0302.7100 -- Tilapias (Oreochromis spp.) 0% See Note 2
0302.7200 -- Catfish (Pangasius spp., Silurus spp., Clarias spp., 0% See Note 2
Ictalurus spp.)
& /en 256
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.7300 -- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon 0% See Note 2
idellus, Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.)
0302.7400 -- Eels (Anguilla spp.) 0% See Note 2
0302.7900 -- Other 0% See Note 2
0302.8111 ---- Oceanic whitetip sharks (Carcharhinus longimanus) 0% See Note 2
0302.8112 ---- Blue shark (Prionace glauca) 0% See Note 2
0302.8113 ---- Galapagos sharks / Mango (Carcharhinus 0% See Note 2
Galapagensis)
0302.8114 ---- Hound sharks (Mustelus mento) 0% See Note 2
0302.8119 ---- Other 0% See Note 2
0302.8121 ---- Smokers sharks, gray sharks or sea cats (Hexanchus 0% See Note 2
Griseus)
& /en 257
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.8122 ---- Birdbeak Dogfish (Deania calcea) 0% See Note 2
0302.8123 ---- Spiny dogfish (Squalus acanthias) 0% See Note 2
0302.8124 ---- Sawfishes (Pristidae) 0% See Note 2
0302.8129 ---- Others 0% See Note 2
0302.8131 ---- Whale sharks (Rhincodon typus) 0% See Note 2
0302.8132 ---- Basking sharks (Cetorhinus maximus) 0% See Note 2
0302.8139 ---- Others 0% See Note 2
0302.8141 ---- Thresher shark (Alopias vulpinus) 0% See Note 2
0302.8142 ---- White sharks (Carcharodon carcharias) 0% See Note 2
0302.8143 ---- Shortfin mako shark (Isurus oxyrinchus) 0% See Note 2
0302.8144 ---- Porbeagle sharks (Lamna nasus) 0% See Note 2
0302.8149 ---- Others 0% See Note 2
& /en 258
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.8151 ---- Common Hammerhead sharks (Sphyrna lewini) 0% See Note 2
0302.8152 ---- Giant hammerhead sharks (Sphyrna mokarran) 0% See Note 2
0302.8153 ---- Smooth hammerhead sharks (Sphyrna zygaena) 0% See Note 2
0302.8159 ---- Others 0% See Note 2
0302.8190 --- Others 0% See Note 2
0302.8210 --- Skate (Zearaja chilensis (ex Dipturus chilensis)) 0% See Note 2
0302.8290 --- Others 0% See Note 2
0302.8311 ---- Whole 0% See Note 2
0302.8312 ---- Headed and gutted ("HG") 0% See Note 2
0302.8313 ---- Headed and gutted and without tail ("HGT") 0% See Note 2
0302.8319 ---- Other 0% See Note 2
0302.8390 --- Other 0% See Note 2
0302.8400 -- Seabass (Dicentrarchus spp.) 0% See Note 2
& /en 259
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.8500 -- Seabream (Sparidae) 0% See Note 2
0302.8910 --- Southern grunt (Cilus gilberti) 0% See Note 2
0302.8921 ---- Whole 0% See Note 2
0302.8922 ---- Headed and gutted ("HG") 0% See Note 2
0302.8929 ---- Other 0% See Note 2
0302.8931 ---- Whole 0% See Note 2
0302.8932 ---- Headed and gutted ("HG") 0% See Note 2
0302.8939 ---- Other 0% See Note 2
0302.8941 ---- Golden kingclip (Genypterus blacodes) whole 0% See Note 2
0302.8942 ---- Golden kingclip (Genypterus blacodes) headed and 0% See Note 2
gutted ("HG")
0302.8943 ---- Other kingclips (Genypterus chilensis) (Genypterus 0% See Note 2
maculatus), whole
& /en 260
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.8944 ---- Other kingclips (Genypterus chilensis) (Genypterus 0% See Note 2
maculatus), headed and gutted ("HG")
0302.8945 ---- Golden kingclip (Genypterus blacodes) headed and 0% See Note 2
gutted and without tail ("HGT")
0302.8946 ---- Warehou (Seriolella violacea) (Seriolella caerulea) 0% See Note 2
(Seriolella punctata), headed and gutted ("HG")
0302.8947 ---- Warehou (Seriolella violacea) (Seriolella caerulea) 0% See Note 2
(Seriolella punctata), headed, gutted and without tail
("HGT")
0302.8949 ---- Others 0% See Note 2
0302.8991 ---- White sturgeon (Acipenser transmontanus) and Siberian 0% See Note 2
sturgeon (Acipenser baerii), whole
0302.8992 ---- White sturgeon (Acipenser transmontanus) and Siberian 0% See Note 2
sturgeon (Acipenser baerii), headed and gutted ("HG")
0302.8999 ---- Others 0% See Note 2
& /en 261
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.9100 -- Livers, roes and milt 0% See Note 2
0302.9211 ---- Of Oceanic whitetip sharks (Carcharhinus longimanus) 0% See Note 2
0302.9212 ---- Of Blue shark (Prionace glauca) 0% See Note 2
0302.9213 ---- Of Galapagos sharks / Mango (Carcharhinus 0% See Note 2
Galapagensis)
0302.9214 ---- Of Hammerhead sharks (Sphyrna lewini) 0% See Note 2
0302.9215 ---- Of Giant Hammerhead sharks (Sphyrna mokarran) 0% See Note 2
0302.9216 ---- Of Smooth hammerhead sharks (Sphyrna zygaena) 0% See Note 2
0302.9217 ---- Of Hound sharks (Mustelus mento) 0% See Note 2
0302.9219 ---- Others 0% See Note 2
0302.9221 ---- Of Smokers sharks, gray sharks or sea cats (Hexanchus 0% See Note 2
Griseus)
0302.9222 ---- Of Birdbeak Dogfish (Deania calcea) 0% See Note 2
0302.9223 ---- Of Spiny dogfish (Squalus acanthias) 0% See Note 2
& /en 262
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.9224 ---- Of Sawfishes (Pristidae) 0% See Note 2
0302.9229 ---- Others 0% See Note 2
0302.9231 ---- Of Whale sharks (Rhincodon typus) 0% See Note 2
0302.9232 ---- Of Basking sharks (Cetorhinus maximus) 0% See Note 2
0302.9239 ---- Others 0% See Note 2
0302.9241 ---- Of Thresher shark (Alopias vulpinus) 0% See Note 2
0302.9242 ---- Of White sharks (Carcharodon carcharias) 0% See Note 2
0302.9243 ---- Of Shortfin mako shark (Isurus oxyrinchus) 0% See Note 2
0302.9244 ---- Of Porbeagle sharks (Lamna nasus) 0% See Note 2
0302.9249 ---- Others 0% See Note 2
0302.9290 --- Others 0% See Note 2
0302.9910 --- Rajidae Manta ray's fins 0% See Note 2
0302.9920 --- Mobulidae Manta ray's fin 0% See Note 2
& /en 263
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0302.9990 --- Others 0% See Note 2
0303.1110 ---Whole 0% See Note 2
0303.1120 ---Headed and gutted ("HG") 0% See Note 2
0303.1130 ---Medallions (slices, "steak")* 0% See Note 2
0303.1140 --- Belly (harami, harasu)* 0% See Note 2
0303.1150 --- Headed and gutted and without tail ("HGT") 0% See Note 2
0303.1190 ---Other 0% See Note 2
0303.1210 --- Whole 0% See Note 2
0303.1220 --- Headed and gutted ("HG") 0% See Note 2
0303.1230 --- Medallions (slices, "steak")* 0% See Note 2
0303.1240 --- Belly (harami, harasu)* 0% See Note 2
0303.1250 --- Headed and gutted and without tail ("HGT") 0% See Note 2
0303.1290 --- Other 0% See Note 2
& /en 264
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.1310 --- Whole 0% See Note 2
0303.1320 --- Headed and gutted ("HG") 0% See Note 2
0303.1330 --- Medallions (slices, "steak")* 0% See Note 2
0303.1340 --- Belly (harami, harasu)* 0% See Note 2
0303.1350 --- Headed and gutted and without tail ("HGT") 0% See Note 2
0303.1390 --- Other 0% See Note 2
0303.1410 --- Whole 0% See Note 2
0303.1420 --- Headed and gutted ("HG") 0% See Note 2
0303.1430 --- Medallions (slices, "steak")* 0% See Note 2
0303.1440 --- Belly (harami, harasu)* 0% See Note 2
0303.1490 --- Other 0% See Note 2
0303.1900 -- Other 0% See Note 2
0303.2300 -- Tilapias (Oreochromis spp.) 0% See Note 2
& /en 265
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.2400 -- Catfish (Pangasius spp., Silurus spp., Clarias spp., 0% See Note 2
Ictalurus spp.)
0303.2500 -- Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon 0% See Note 2
idellus, Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.)
0303.2600 -- Eels (Anguilla spp.) 0% See Note 2
0303.2900 -- Other 0% See Note 2
0303.3100 -- Halibut (Reinhardtius hippoglossoides, Hippoglossus 0% See Note 2
hippoglossus, Hippoglossus stenolepis)
0303.3200 -- Plaice (Pleuronectes platessa) 0% See Note 2
0303.3300 -- Sole (Solea spp.) 0% See Note 2
0303.3400 -- Turbots (Psetta maxima) 0% See Note 2
0303.3921 ----Whole 0% See Note 2
& /en 266
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.3922 ----Headed and gutted ("HG") 0% See Note 2
0303.3929 ----Other 0% See Note 2
0303.3990 ---Other 0% See Note 2
0303.4110 ---Whole 0% See Note 2
0303.4120 ---Headed and gutted ("HG") 0% See Note 2
0303.4190 ---Other 0% See Note 2
0303.4200 -- Yellowfin tunas (Thunnus albacares) 0% See Note 2
0303.4300 -- Skipjack or stripe-bellied bonito 0% See Note 2
0303.4400 -- Bigeye tunas (Thunnus obesus) 0% See Note 2
0303.4500 -- Atlantic and Pacific bluefin tunas (Thunnus thynnus, 0% See Note 2
Thunnus orientalis)
0303.4600 -- Southern bluefin tunas (Thunnus maccoyii) 0% See Note 2
0303.4900 -- Other 0% See Note 2
0303.5100 -- Herrings (Clupea harengus, Clupea pallasii) 0% See Note 2
& /en 267
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.5311 ---- Whole 0% See Note 2
0303.5312 ---- Headed and gutted ("HG") 0% See Note 2
0303.5319 ---- Other 0% See Note 2
0303.5390 --- Other 0% See Note 2
0303.5411 ----Whole 0% See Note 2
0303.5419 ---- Other 0% See Note 2
0303.5490 --- Other 0% See Note 2
0303.5511 ---- Whole 0% See Note 2
0303.5512 ---- Headed and gutted ("HG") 0% See Note 2
0303.5513 ---- Headed and gutted and without tail ("HGT") 0% See Note 2
0303.5519 ---- Other 0% See Note 2
0303.5590 --- Other 0% See Note 2
0303.5600 -- Cobia (Rachycentron canadum) 0% See Note 2
& /en 268
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.5710 --- Whole 0% See Note 2
0303.5720 --- Headed and gutted ("HG") 0% See Note 2
0303.5790 --- Other 0% See Note 2
0303.5900 -- Other 0% See Note 2
0303.6300 -- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0% See Note 2
0303.6400 -- Haddock (Melanogrammus aeglefinus) 0% See Note 2
0303.6500 -- Coalfish (Pollachius virens) 0% See Note 2
0303.6611 ---- South Pacific hake (Chilean Hake)* (Merluccious gayi 0% See Note 2
gayi), whole
0303.6612 ---- South Pacific hake (Chilean Hake)* (Merluccious gayi 0% See Note 2
gayi) headed and gutted ("HG")
0303.6613 ---- Patagonian Hake (Merluccius australis), whole 0% See Note 2
0303.6614 ---- Patagonian Hake (Merluccius australis), headed and 0% See Note 2
gutted ("HG")
& /en 269
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.6615 ---- South Pacific hake (Chilean Hake)* (Merluccious gayi 0% See Note 2
gayi) headed, gutted and without tail ("HGT")
0303.6616 ---- Patagonian Hake (Merluccius australis), headed, gutted 0% See Note 2
and without tail ("HGT")
0303.6619 ---- Other 0% See Note 2
0303.6690 --- Other 0% See Note 2
0303.6700 -- Alaska Pollack (Theragra chalcogramma) 0% See Note 2
0303.6811 ---- Whole 0% See Note 2
0303.6812 ---- Headed and gutted ("HG") 0% See Note 2
0303.6813 ---- Headed and gutted and without tail ("HGT") 0% See Note 2
0303.6819 ---- Other 0% See Note 2
0303.6890 --- Other 0% See Note 2
0303.6910 --- Hake or patagonian grenadier (Macrunus magellanicus), 0% See Note 2
whole
& /en 270
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.6921 ---- Whole 0% See Note 2
0303.6922 ---- Headed and gutted ("HG") 0% See Note 2
0303.6929 ---- Other 0% See Note 2
0303.6990 --- Others 0% See Note 2
0303.8111 ---- Oceanic whitetip sharks (Carcharhinus longimanus) 0% See Note 2
0303.8112 ---- Blue shark (Prionace glauca) 0% See Note 2
0303.8113 ---- Galapagos sharks / Mango (Carcharhinus 0% See Note 2
galapagensis)
0303.8114 ---- Common Hammerhead sharks (Sphyrna lewini) 0% See Note 2
0303.8115 ---- Giant hammerhead sharks (Sphyrna mokarran) 0% See Note 2
0303.8116 ---- Smooth hammerhead sharks (Sphyrna zygaena) 0% See Note 2
0303.8117 ---- Hound sharks (Mustelus mento) 0% See Note 2
0303.8119 ---- Others 0% See Note 2
& /en 271
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.8121 ---- Smokers sharks, gray sharks or sea cats (Hexanchus 0% See Note 2
Griseus)
0303.8122 ---- Birdbeak Dogfish (Deania calcea) 0% See Note 2
0303.8123 ---- Spiny dogfish (Squalus acanthias) 0% See Note 2
0303.8124 ---- Sawfishes (Pristidae) 0% See Note 2
0303.8129 ---- Others 0% See Note 2
0303.8131 ---- Whale sharks (Rhincodon typus) 0% See Note 2
0303.8132 ---- Basking sharks (Cetorhinus maximus) 0% See Note 2
0303.8139 ---- Others 0% See Note 2
0303.8141 ---- Thresher shark (Alopias vulpinus) 0% See Note 2
0303.8142 ---- White sharks (Carcharodon carcharias) 0% See Note 2
0303.8143 ---- Shortfin mako shark (Isurus oxyrinchus) 0% See Note 2
0303.8144 ---- Porbeagle sharks (Lamna nasus) 0% See Note 2
0303.8149 ---- Others 0% See Note 2
& /en 272
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.8190 --- Other 0% See Note 2
0303.8210 --- Skate (Zearaja chilensis (ex Dipturus chilensis)) 0% See Note 2
0303.8290 --- Others 0% See Note 2
0303.8311 ---- Whole 0% See Note 2
0303.8312 ---- Headed and gutted ("HG") 0% See Note 2
0303.8313 ---- Headed and gutted and without tail ("HGT") 0% See Note 2
0303.8319 ---- Other 0% See Note 2
0303.8390 --- Other 0% See Note 2
0303.8400 -- Seabass (Dicentrarchus spp.) 0% See Note 2
0303.8910 --- Southern grunt (Cilus gilberti) 0% See Note 2
0303.8921 ---- Whole 0% See Note 2
0303.8922 ---- Headed and gutted ("HG") 0% See Note 2
0303.8929 ---- Other 0% See Note 2
0303.8931 ---- Whole 0% See Note 2
& /en 273
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.8932 ---- Headed and gutted ("HG") 0% See Note 2
0303.8939 ---- Other 0% See Note 2
0303.8941 ---- Golden kingclip (Genypterus blacodes) whole 0% See Note 2
0303.8942 ---- Golden kingclip (Genypterus blacodes) headed and 0% See Note 2
gutted ("HG")
0303.8943 ---- Kingclips (Genypterus chilensis) (Genypterus 0% See Note 2
maculatus), whole
0303.8944 ---- Kingclips (Genypterus chilensis) (Genypterus 0% See Note 2
maculatus), headed and gutted ("HG")
0303.8945 ---- Golden kingclip (Genypterus blacodes) headed, gutted 0% See Note 2
and without tail ("HGT")
0303.8949 ---- Other 0% See Note 2
0303.8951 ---- Whole 0% See Note 2
0303.8952 ---- Headed and gutted ("HG") 0% See Note 2
0303.8953 ---- Headed and gutted and without tail ("HGT") 0% See Note 2
0303.8959 ---- Other 0% See Note 2
& /en 274
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.8971 ---- Whole 0% See Note 2
0303.8972 ---- Headed and gutted ("HG") 0% See Note 2
0303.8979 ---- Other 0% See Note 2
0303.8991 ---- Alfonsino (Beryx splendens), whole 0% See Note 2
0303.8992 ---- Orange roughy (Hoplostethus atlanticus), whole 0% See Note 2
0303.8994 ---- Cardinalfish (Epigonus crassicaudus), headed and 0% See Note 2
gutted ("HG")
0303.8995 ---- Mackerel icefish (Champsocephalus gunnari), whole 0% See Note 2
0303.8996 ---- Common dolphinfish (Coryphaena hippurus) 0% See Note 2
0303.8998 ---- Sea silversides (Odontesthes regia) 0% See Note 2
0303.8999 ---- Other 0% See Note 2
0303.9110 --- Of Pacific, Atlantic or Danube salmon 0% See Note 2
0303.9120 --- Of Trout 0% See Note 2
0303.9130 --- Of hake (Merluccius spp.) 0% See Note 2
& /en 275
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.9190 --- Others 0% See Note 2
0303.9211 ---- Of Oceanic whitetip sharks (Carcharhinus longimanus) 0% See Note 2
0303.9212 ---- Of Blue shark (Prionace glauca) 0% See Note 2
0303.9213 ---- Of Galapagos sharks / Mango (Carcharhinus 0% See Note 2
galapagensis)
0303.9214 --- Of common Hammerhead shark (Sphyrna lewini) 0% See Note 2
0303.9215 ---- Of Giant Hammerhead sharks (Sphyrna mokarran) 0% See Note 2
0303.9216 ---- Of Smooth hammerhead sharks (Sphyrna zygaena) 0% See Note 2
0303.9217 ---- Of Hound sharks (Mustelus mento) 0% See Note 2
0303.9219 ---- Others 0% See Note 2
0303.9221 ---- Of Smokers sharks, gray sharks or sea cats (Hexanchus 0% See Note 2
griseus)
0303.9222 ---- Of Birdbeak Dogfish (Deania calcea) 0% See Note 2
0303.9223 ---- Of Spiny dogfish (Squalus acanthias) 0% See Note 2
& /en 276
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0303.9224 ---- Of Sawfishes (Pristidae) 0% See Note 2
0303.9229 ---- Others 0% See Note 2
0303.9231 ---- Of Whale sharks (Rhincodon typus) 0% See Note 2
0303.9232 ---- Of Basking sharks (Cetorhinus maximus) 0% See Note 2
0303.9239 ---- Others 0% See Note 2
0303.9241 ---- Of Thresher shark (Alopias vulpinus) 0% See Note 2
0303.9242 ---- Of White sharks (Carcharodon carcharias) 0% See Note 2
0303.9243 ---- Of shortfin mako shark (Isurus oxyrinchus) 0% See Note 2
0303.9244 ---- Of Porbeagle sharks (Lamna nasus) 0% See Note 2
0303.9249 ---- Others 0% See Note 2
0303.9290 --- Others 0% See Note 2
0303.9910 --- Rajidae Ray's fin 0% See Note 2
0303.9920 --- Mobulidae Manta ray's fin 0% See Note 2
0303.9990 --- Others 0% See Note 2
& /en 277
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.3100 -- Tilapias (Oreochromis spp.) 0% See Note 2
0304.3200 -- Catfish (Pangasius spp., Silurus spp., Clarias spp., 0% See Note 2
Ictalurus spp.)
0304.3300 -- Nile Perch (Lates niloticus) 0% See Note 2
0304.3900 -- Other 0% See Note 2
0304.4110 --- Pacific salmon 0% See Note 2
0304.4120 --- Atlantic and Danube salmon 0% See Note 2
0304.4200 -- Trout (Salmo trutta, Oncorhynchus mykiss, 0% See Note 2
Oncorhynchus clarki, Oncorhynchus aguabonita,
Oncorhynchus gilae, Oncorhynchus apache and
Oncorhynchus chrysogaster)
0304.4300 -- Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, 0% See Note 2
Soleidae, Scophthalmidae and Citharidae)
0304.4410 --- South Pacific hake (Chilean hake)* (Merluccius gayi 0% See Note 2
gayi)
0304.4420 --- Patagonian Hake (Merluccius australis) 0% See Note 2
& /en 278
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.4430 --- Hake or patagonian grenadier (Macrunus magellanicus) 0% See Note 2
0304.4440 --- Southem blue whitting, polaca (Micromesistius 0% See Note 2
australis)
0304.4490 --- Other 0% See Note 2
0304.4500 -- Swordfish (Xiphias gladius) 0% See Note 2
0304.4610 --- Patagonian toothfish (Dissostichus eleginoides) 0% See Note 2
0304.4690 --- Other 0% See Note 2
0304.4711 ---- Oceanic whitetip shark (Carcharhinus longimanus) 0% See Note 2
0304.4712 ---- Blue shark (Prionace glauca) 0% See Note 2
0304.4713 ---- Galapagos sharks / Mango (Carcharhinus 0% See Note 2
galapagensis)
0304.4714 ---- Common Hammerhead sharks (Sphyrna lewini) 0% See Note 2
0304.4715 ---- Giant hammerhead sharks (Sphyrna mokarran) 0% See Note 2
0304.4716 ---- Smooth hammerhead sharks (Sphyrna zygaena) 0% See Note 2
& /en 279
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.4717 ---- Hound sharks (Mustelus mento) 0% See Note 2
0304.4719 ---- Others 0% See Note 2
0304.4721 ---- Smokers sharks, gray sharks or sea cats (Hexanchus 0% See Note 2
griseus)
0304.4722 ---- Birdbeak Dogfish (Deania calcea) 0% See Note 2
0304.4723 ---- Spiny dogfish (Squalus acanthias) 0% See Note 2
0304.4724 ---- Sawfishes (Pristidae) 0% See Note 2
0304.4729 ---- Other 0% See Note 2
0304.4731 ---- Whale sharks (Rhincodon typus) 0% See Note 2
0304.4732 ---- Basking sharks (Cetorhinus maximus) 0% See Note 2
0304.4739 ---- Other 0% See Note 2
0304.4741 ---- Thresher shark (Alopias vulpinus) 0% See Note 2
0304.4742 ---- White sharks (Carcharodon carcharias) 0% See Note 2
0304.4743 ---- Shortfin mako shark (Isurus oxyrinchus) 0% See Note 2
& /en 280
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.4744 ---- Porbeagle sharks (Lamna nasus) 0% See Note 2
0304.4749 ---- Other 0% See Note 2
0304.4790 --- Other 0% See Note 2
0304.4810 --- Skate (Zearaja chilensis (ex Dipturus chilensis)) 0% See Note 2
0304.4890 --- Other 0% See Note 2
0304.4920 --- Cod from Juan Fernandez (Polyprion oxygeneios) 0% See Note 2
0304.4970 --- Sardines (Sardinops sagax) 0% See Note 2
0304.4980 --- Chilean herring (Clupea bentincki) 0% See Note 2
0304.4991 ---- Southern jack mackerel (Trachurus murphyi) 0% See Note 2
0304.4992 --- Mackerel (Scomber japonicus peruanus) 0% See Note 2
0304.4993 ---- Alfonsino (Beryx splendens) 0% See Note 2
0304.4999 ---- Other 0% See Note 2
& /en 281
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.5100 -- Tilapias (Oreochromis spp.), catfish (Pangasius spp., 0% See Note 2
Silurus spp., Clarias spp., Ictalurus spp.), carp
(Cyprinus spp., Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates
niloticus) and snakeheads (Channa spp.)
0304.5200 -- Salmonidae 0% See Note 2
0304.5300 -- Fish of the families Bregmacerotidae, Euclichthyidae, 0% See Note 2
Gadidae, Macrouridae, Melanonidae, Merlucciidae,
Moridae and Muraenolepididae
0304.5400 -- Swordfish (Xiphias gladius) 0% See Note 2
0304.5500 -- Toothfish (Dissostichus spp.) 0% See Note 2
0304.5611 ---- Oceanic whitetip shark (Carcharhinus longimanus) 0% See Note 2
0304.5612 ---- Blue shark (Prionace glauca) 0% See Note 2
& /en 282
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.5613 ---- Galapagos sharks / Mango (Carcharhinus 0% See Note 2
galapagensis)
0304.5614 ---- Common Hammerhead sharks (Sphyrna lewini) 0% See Note 2
0304.5615 ---- Giant hammerhead sharks (Sphyrna mokarran) 0% See Note 2
0304.5616 ---- Smooth hammerhead sharks (Sphyrna zygaena) 0% See Note 2
0304.5617 ---- Hound sharks (Mustelus mento) 0% See Note 2
0304.5619 ---- Others 0% See Note 2
0304.5621 ---- Smokers sharks, gray sharks or sea cats (Hexanchus 0% See Note 2
griseus)
0304.5622 ---- Birdbeak Dogfish (Deania calcea) 0% See Note 2
0304.5623 ---- Spiny dogfish (Squalus acanthias) 0% See Note 2
0304.5624 ---- Sawfishes (Pristidae) 0% See Note 2
0304.5629 ---- Other 0% See Note 2
0304.5631 ---- Whale sharks (Rhincodon typus) 0% See Note 2
& /en 283
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.5632 ---- Basking sharks (Cetorhinus maximus) 0% See Note 2
0304.5639 ---- Other 0% See Note 2
0304.5641 ---- Thresher shark (Alopias vulpinus) 0% See Note 2
0304.5642 ---- White sharks (Carcharodon carcharias) 0% See Note 2
0304.5643 ---- Shortfin mako shark (Isurus oxyrinchus) 0% See Note 2
0304.5644 ---- Porbeagle sharks (Lamna nasus) 0% See Note 2
0304.5649 ---- Other 0% See Note 2
0304.5690 --- Other 0% See Note 2
0304.5710 --- Skate (Zearaja chilensis (ex Dipturus chilensis)) 0% See Note 2
0304.5790 --- Other 0% See Note 2
0304.5900 -- Other 0% See Note 2
0304.6100 -- Tilapias (Oreochromis spp.) 0% See Note 2
0304.6200 -- Catfish (Pangasius spp., Silurus spp., Clarias spp., 0% See Note 2
Ictalurus spp.)
& /en 284
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.6300 -- Nile Perch (Lates niloticus) 0% See Note 2
0304.6900 -- Other 0% See Note 2
0304.7100 -- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0% See Note 2
0304.7200 -- Haddock (Melanogrammus aeglefinus) 0% See Note 2
0304.7300 -- Coalfish (Pollachius virens) 0% See Note 2
0304.7411 --- South Pacific hake (Chilean hake)* (Merluccius gayi 0% See Note 2
gayi)
0304.7412 --- Patagonian Hake (Merluccius australis) 0% See Note 2
0304.7419 ---- Other 0% See Note 2
0304.7490 --- Other 0% See Note 2
0304.7500 -- Alaska Pollack (Theragra chalcogramma) 0% See Note 2
0304.7910 --- Hake or patagonian grenadier (Macrunus magellanicus) 0% See Note 2
0304.7920 --- Southem blue whitting, polaca (Micromesistius 0% See Note 2
australis)
& /en 285
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.7990 --- Other 0% See Note 2
0304.8110 --- Pacific salmon 0% See Note 2
0304.8120 --- Atlantic and Danube salmon 0% See Note 2
0304.8200 -- Trout (Salmo trutta, Oncorhynchus mykiss, 0% See Note 2
Oncorhynchus clarki, Oncorhynchus aguabonita,
Oncorhynchus gilae, Oncorhynchus apache and
Oncorhynchus chrysogaster)
0304.8300 -- Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, 0% See Note 2
Soleidae, Scophthalmidae and Citharidae)
0304.8400 -- Swordfish (Xiphias gladius) 0% See Note 2
0304.8510 --- Patagonian toothfish (Dissostichus eleginoides): 0% See Note 2
0304.8590 --- Other 0% See Note 2
0304.8600 -- Herrings (Clupea harengus, Clupea pallasii) 0% See Note 2
0304.8700 -- Tunas (of the genus Thunnus), skipjack or stripe-bellied 0% See Note 2
bonito (Euthynnus (Katsuwonus) pelamis)
& /en 286
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.8811 ---- Oceanic whitetip shark (Carcharhinus longimanus) 0% See Note 2
0304.8812 ---- Blue shark (Prionace glauca) 0% See Note 2
0304.8813 ---- Galapagos sharks / Mango (Carcharhinus 0% See Note 2
galapagensis)
0304.8814 ---- Common Hammerhead sharks (Sphyrna lewini) 0% See Note 2
0304.8815 ---- Giant hammerhead sharks (Sphyrna mokarran) 0% See Note 2
0304.8816 ---- Smooth hammerhead sharks (Sphyrna zygaena) 0% See Note 2
0304.8817 ---- Hound sharks (Mustelus mento) 0% See Note 2
0304.8819 ---- Others 0% See Note 2
0304.8821 ---- Smokers sharks, gray sharks or sea cats (Hexanchus 0% See Note 2
griseus)
0304.8822 ---- Birdbeak Dogfish (Deania calcea) 0% See Note 2
0304.8823 ---- Spiny dogfish (Squalus acanthias) 0% See Note 2
& /en 287
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.8824 ---- Sawfishes (Pristidae) 0% See Note 2
0304.8829 ---- Others 0% See Note 2
0304.8831 ---- Whale sharks (Rhincodon typus) 0% See Note 2
0304.8832 ---- Basking sharks (Cetorhinus maximus) 0% See Note 2
0304.8839 ---- Others 0% See Note 2
0304.8841 ---- Thresher shark (Alopias vulpinus) 0% See Note 2
0304.8842 ---- White sharks (Carcharodon carcharias) 0% See Note 2
0304.8843 ---- Shortfin mako shark (Isurus oxyrinchus) 0% See Note 2
0304.8844 ---- Porbeagle sharks (Lamna nasus) 0% See Note 2
0304.8849 ---- Others 0% See Note 2
0304.8851 --- Skate (Zearaja chilensis (ex Dipturus chilensis)) 0% See Note 2
0304.8859 ---- Others 0% See Note 2
0304.8890 --- Others 0% See Note 2
0304.8920 --- Cod from Juan Fernandez (Polyprion oxygeneios) 0% See Note 2
& /en 288
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.8930 --- Kingclip (Genypterus chilensis) (Genypterus blacodes) 0% See Note 2
(Genypterus maculatus)
0304.8940 --- Slender alfonsino (Beryx splendens) 0% See Note 2
0304.8950 --- Cardinal fish (Epigonus crassicaudus) 0% See Note 2
0304.8960 --- Common dolphinfish (Coryphaena hippurus) 0% See Note 2
0304.8971 ---- Sardine (Sardinops sagax) 0% See Note 2
0304.8972 ---- Chilean Herring (Clupea bentincki) 0% See Note 2
0304.8973 ---- Southern jack mackerel (Trachurus murphyi) 0% See Note 2
0304.8974 ---- Mackerel (Scomber japonicus peruanus) 0% See Note 2
0304.8979 ---- Other 0% See Note 2
0304.8990 --- Others 0% See Note 2
0304.9100 -- Swordfish (Xiphias gladius) 0% See Note 2
0304.9211 ---- Cuts 0% See Note 2
& /en 289
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.9212 ---Barbels (cocochas) 0% See Note 2
0304.9219 ----Other 0% See Note 2
0304.9290 ---Other 0% See Note 2
0304.9300 -- Tilapias (Oreochromis spp.), catfish (Pangasius spp., 0% See Note 2
Silurus spp., Clarias spp., Ictalurus spp.), carp
(Cyprinus spp., Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates
niloticus) and snakeheads (Channa spp.)
0304.9400 -- Alaska Pollack (Theragra chalcogramma) 0% See Note 2
0304.9511 ---- South Pacific Hake surimi (Merluccius gayi gayi) 0% See Note 2
0304.9512 ---- Cuts 0% See Note 2
0304.9513 ---- Cocochas (cheeks) 0% See Note 2
& /en 290
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.9514 ---- Other meats of South Pacific hake (Merluccius gayi 0% See Note 2
gayi)
0304.9515 ---- Other meats of Patagonian hake (Merluccius australis) 0% See Note 2
0304.9519 ---- Other 0% See Note 2
0304.9591 ---- Other meats of Hake or patagonian grenadier 0% See Note 2
(Macrunus magellanicus)
0304.9599 ---- Others 0% See Note 2
0304.9611 ---- Tiburones oceánicos de puntas blancas (Carcharhinus 0% See Note 2
longimanus)
0304.9612 ---- Blue shark (Prionace glauca) 0% See Note 2
0304.9613 ---- Galapagos sharks / Mango (Carcharhinus 0% See Note 2
galapagensis)
0304.9614 ---- Scalloped hammerhead sharks (Sphyrna lewini) 0% See Note 2
0304.9615 ---- Giant hammerhead sharks (Sphyrna mokarran) 0% See Note 2
& /en 291
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.9616 ---- Smooth hammerhead sharks (Sphyrna zygaena) 0% See Note 2
0304.9617 ---- Speckled smooth-hound sharks (Mustelus mento) 0% See Note 2
0304.9619 ---- Others 0% See Note 2
0304.9621 ---- Smokers sharks, gray sharks or sea cats (Hexanchus 0% See Note 2
griseus)
0304.9622 ---- Birdbeak Dogfish (Deania calcea) 0% See Note 2
0304.9623 ---- Spiny dogfish (Squalus acanthias) 0% See Note 2
0304.9624 ---- Sawfishes (Pristidae) 0% See Note 2
0304.9629 ---- Others 0% See Note 2
0304.9631 ---- Whale sharks (Rhincodon typus) 0% See Note 2
0304.9632 ---- Basking sharks (Cetorhinus maximus) 0% See Note 2
0304.9639 ---- Others 0% See Note 2
0304.9641 ---- Thresher shark (Alopias vulpinus) 0% See Note 2
& /en 292
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.9642 ---- White sharks (Carcharodon carcharias) 0% See Note 2
0304.9643 ---- Shortfin mako shark (Isurus oxyrinchus) 0% See Note 2
0304.9644 ---- Porbeagle sharks (Lamna nasus) 0% See Note 2
0304.9649 ---- Others 0% See Note 2
0304.9690 --- Others 0% See Note 2
0304.9710 --- Skate (Zearaja chilensis (ex Dipturus chilensis)) 0% See Note 2
0304.9790 --- Others 0% See Note 2
0304.9921 ---- Cuts 0% See Note 2
0304.9922 ---- Barbels (cocochas) 0% See Note 2
0304.9929 ---- Other 0% See Note 2
0304.9941 ---- Pacific salmon cuts 0% See Note 2
0304.9942 ---- Other Pacific salmon meat 0% See Note 2
0304.9943 ---- Atlantic salmon and Danube salmon cuts 0% See Note 2
0304.9944 ---- Other Atlantic salmon and Danube salmon meat 0% See Note 2
& /en 293
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0304.9951 ---- Cuts 0% See Note 2
0304.9959 ---- Other 0% See Note 2
0304.9961 ---- Sardines (Sardinops sagax) 0% See Note 2
0304.9962 ----Chilean herring (Clupea bentincki) 0% See Note 2
0304.9963 ----Jack mackerel surimi (Trackurus murphyi) 0% See Note 2
0304.9964 ----Other Jack mackerel meat (Trackurus murphyi) 0% See Note 2
0304.9969 ----Other 0% See Note 2
0304.9971 ---- Cuts 0% See Note 2
0304.9979 ----Other 0% See Note 2
0304.9992 ---- Other Southern blue whitting, polaca (Micromesistius 0% See Note 2
australis) meats
0304.9993 ----Other Alfonsino meats 0% See Note 2
0304.9999 ----Other 0% See Note 2
0305.1000 - Flours, meals and pellets of fish, fit for human 0% See Note 2
consumption
& /en 294
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0305.2010 -- Pacific Salmon (Oncorhynchus nerka, Oncorhynchus 0% See Note 2
gorbuscha, Oncorhyncus keta, Oncorhyncus tschawytscha,
Oncorhynchus kisutch, Oncorhynchus masour and
Oncorhyncus rhodurus), Atlantic salmon (Salmo salar) and
Danube salmon (Hucho hucho)
0305.2020 -- Trout (Salmo trutta, Oncorhynchus mykiss, 0% See Note 2
Oncorhynchus clarki, Oncorhynchus aguabonita,
Oncorhynchus gilae, Oncorhynchus apache and
Oncorhynchus chrysogaster)
0305.2090 --Other 0% See Note 2
0305.3100 -- Tilapias (Oreochromis spp.), catfish (Pangasius spp., 0% See Note 2
Silurus spp., Clarias spp., Ictalurus spp.), carp
(Cyprinus spp., Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates
niloticus) and snakeheads (Channa spp.)
& /en 295
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0305.3200 -- Fish of the families Bregmacerotidae, Euclichthyidae, 0% See Note 2
Gadidae, Macrouridae, Melanonidae, Merlucciidae,
Moridae and Muraenolepididae
0305.3910 -- Pacific Salmon (Oncorhynchus nerka, Oncorhynchus 6% 0
gorbuscha, Oncorhynchus keta, Oncorhynchus
tschawytscha, Oncorhynchus kisutch, Oncorhynchus
masour and Oncorhynchus rhodurus), Atlantic salmon
(Salmo salar) and Danube salmon (Hucho hucho)
0305.3920 ---Trout (Salmo trutta, Oncorhynchus mykiss, 0% See Note 2
Oncorhynchus clarki, Oncorhynchus aguabonita,
Oncorhynchus gilae, Oncorhynchus apache and
Oncorhynchus chrysogaster)
0305.3930 ---- Southern jack mackerel (Trachurus murphyi) 0% See Note 2
0305.3940 --- Anchovie (Engraulis ringens) 0% See Note 2
0305.3950 --- Patagonian toothfish (Dissostichus eleginoides) 0% See Note 2
0305.3960 --- Cod from Juan Fernandez (Polyprion oxygeneios) 0% See Note 2
& /en 296
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0305.3990 --- Other 0% See Note 2
0305.4110 ---Pacific salmon, whole 6% 0
0305.4120 ---Pacific salmon, headed and gutted ("HG") 6% 0
0305.4130 ---Fillets of Pacific Salmon 6% 0
0305.4140 ---Atlantic salmon and Danube salmon, whole 6% 0
0305.4150 ---Atlantic salmon and Danube salmon, headed and gutted 6% 0
("HG")
0305.4160 ---Fillets of Atlantic salmon and Danube Salmon 6% 0
0305.4170 --- Pacific salmon, headed, gutted and without tail ("HGT") 6% 0
0305.4180 --- Atlantic and Danube salmon, headed, gutted and without 6% 0
tail ("HGT")
0305.4190 ---Other 6% 0
0305.4200 -- Herrings (Clupea harengus, Clupea pallasii) 0% See Note 2
0305.4310 --- Whole 0% See Note 2
& /en 297
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0305.4320 --- Headed and gutted ("HG") 0% See Note 2
0305.4330 --- Fillets 0% See Note 2
0305.4390 --- Other 0% See Note 2
0305.4400 -- Tilapias (Oreochromis spp.), catfish (Pangasius spp., 0% See Note 2
Silurus spp., Clarias spp., Ictalurus spp.), carp
(Cyprinus spp., Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates
niloticus) and snakeheads (Channa spp.)
0305.4900 -- Other 0% See Note 2
0305.5100 -- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0% See Note 2
& /en 298
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0305.5200 -- Tilapias (Oreochromis spp.), catfish (Pangasius spp., 0% See Note 2
Silurus spp., Clarias spp., Ictalurus spp.), carp
(Cyprinus spp., Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates
niloticus) and snakeheads (Channa spp.)
0305.5300 -- Fish of the families Bregmacerotidae, Euclichthyidae, 0% See Note 2
Gadidae, Macrouridae, Melanonidae, Merlucciidae,
Moridae and Muraenolepididae, other than cod (Gadus
morhua, Gadus ogac, Gadus macrocephalus)
& /en 299
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0305.5400 -- Herrings (Clupea harengus, Clupea pallasii), anchovies 0% See Note 2
(Engraulis spp.), sardines (Sardina pilchardus,
Sardinops spp.), sardinella (Sardinella spp.), brisling or
sprats (Sprattus sprattus), mackerel (Scomber scombrus,
Scomber australasicus, Scomber japonicus), Indian
mackerels (Rastrelliger spp.), seerfishes
(Scomberomorus spp.), jack and horse mackerel
(Trachurus spp.), jacks, crevalles (Caranx spp.), cobia
(Rachycentron canadum), silver pomfrets (Pampus spp.),
Pacific saury (Cololabis saira), scads (Decapterus spp.),
capelin (Mallotus villosus), swordfish (Xiphias gladius),
Kawakawa (Euthynnus affinis), bonitos (Sarda spp.),
marlins, sailfishes, spearfish (Istiophoridae)
0305.5920 --- Pacific salmon cuts 0% See Note 2
0305.5930 --- Atlantic salmon cuts 0% See Note 2
0305.5940 --- Danube salmon cuts 0% See Note 2
0305.5950 --- Trout cuts 0% See Note 2
0305.5990 ---Other 0% See Note 2
& /en 300
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0305.6100 -- Herrings (Clupea harengus, Clupea pallasii) 0% See Note 2
0305.6200 -- Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0% See Note 2
0305.6300 -- Anchovies (Engraulis spp.) 0% See Note 2
0305.6400 -- Tilapias (Oreochromis spp.), catfish (Pangasius spp., 0% See Note 2
Silurus spp., Clarias spp., Ictalurus spp.), carp
(Cyprinus spp., Carassius spp., Ctenopharyngodon idellus,
Hypophthalmichthys spp., Cirrhinus spp.,
Mylopharyngodon piceus, Catla catla, Labeo spp.,
Osteochilus hasselti, Leptobarbus hoeveni,
Megalobrama spp.), eels (Anguilla spp.), Nile perch (Lates
niloticus) and snakeheads (Channa spp.)
0305.6911 ----Salted fillets 0% See Note 2
0305.6912 ----Fillets in brine 0% See Note 2
0305.6913 ----Salted medallions (slices, "steak") 0% See Note 2
0305.6914 ----Medallions (slices, "steak") in brine 0% See Note 2
& /en 301
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0305.6915 ----Other salted portions or cuts 0% See Note 2
0305.6916 ----Other portions or cuts in brine 0% See Note 2
0305.6919 ----Other 0% See Note 2
0305.6921 ----Salted fillets 0% See Note 2
0305.6922 ----Fillets in brine 0% See Note 2
0305.6923 ----Salted medallions (slices, "steak") 0% See Note 2
0305.6924 ----Medallions (slices, "steak") in brine 0% See Note 2
0305.6925 ----Other salted portions or cuts 0% See Note 2
0305.6926 ----Other portions or cuts in brine 0% See Note 2
0305.6929 ---- Other 0% See Note 2
0305.6990 --- Other 0% See Note 2
0305.7111 ---- Of Oceanic whitetip sharks (Carcharhinus longimanus) 0% See Note 2
0305.7112 ---- Of Blue shark (Prionace glauca) 0% See Note 2
& /en 302
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0305.7113 ---- Of Galapagos sharks / Mango (Carcharhinus 0% See Note 2
galapagensis)
0305.7114 ---- Of Hammerhead sharks (Sphyrna lewini) 0% See Note 2
0305.7115 ---- Of Giant Hammerhead sharks (Sphyrna mokarran) 0% See Note 2
0305.7116 ---- Of Smooth hammerhead sharks (Sphyrna zygaena) 0% See Note 2
0305.7117 ---- Of Hound sharks (Mustelus mento) 0% See Note 2
0305.7119 ---- Others 0% See Note 2
0305.7121 ---- Of Smokers sharks, gray sharks or sea cats (Hexanchus 0% See Note 2
griseus)
0305.7122 ---- Of Birdbeak Dogfish (Deania calcea) 0% See Note 2
0305.7123 ---- Of Spiny dogfish (Squalus acanthias) 0% See Note 2
0305.7124 ---- Of Sawfishes (Pristidae) 0% See Note 2
0305.7129 ---- Others 0% See Note 2
0305.7131 ---- Of Whale sharks (Rhincodon typus) 0% See Note 2
& /en 303
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0305.7132 ---- Of Basking sharks (Cetorhinus maximus) 0% See Note 2
0305.7139 ---- Others 0% See Note 2
0305.7141 ---- Of Thresher shark (Alopias vulpinus) 0% See Note 2
0305.7142 ---- Of White sharks (Carcharodon carcharias) 0% See Note 2
0305.7143 ---- Shortfin mako shark (Isurus oxyrinchus) 0% See Note 2
0305.7144 ---- Of Porbeagle sharks (Lamna nasus) 0% See Note 2
0305.7149 ---- Others 0% See Note 2
0305.7190 --- Others 0% See Note 2
0305.7200 -- Fish heads, tails and maws 6% 0
0305.7910 --- Rajidae Ray's fins 0% See Note 2
0305.7920 --- Mobulidae Manta ray's fins 0% See Note 2
0305.7990 --- Other 6% 0
0306.1110 --- Easter Island lobster (Panulirus pascuensis) 0% See Note 2
& /en 304
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0306.1120 --- Juan Fernández lobster (Jasus frontalis) 0% See Note 2
0306.1130 --- Dwarf lobster (Projasus bahamondei) 0% See Note 2
0306.1190 ---Other 0% See Note 2
0306.1200 -- Lobsters (Homarus spp.) 0% See Note 2
0306.1410 --- Crabs (Cancer porteri, Metacarcinus edwardsii (ex 0% See Note 2
Cancer edwarsii), Homalaspis plana, Taliepus dentatus,
Romaleon setosus, Cancer plebejus, Ovalipes trimaculatus)
0306.1421 ---- King crab (Lithodes santolla (ex antarcticus)) 0% See Note 2
0306.1422 ---- King crab (Lithodes spp.) 0% See Note 2
0306.1423 ---- Snow crab or Tuberculate king crab (Paralomis 0% See Note 2
granulosa)
0306.1424 ---- Snow crab (Paralomis spp.) 0% See Note 2
0306.1429 ----Other 0% See Note 2
0306.1490 ---Other 0% See Note 2
& /en 305
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0306.1500 -- Norway lobsters (Nephrops norvegicus) 0% See Note 2
0306.1600 -- Cold-water shrimps and prawns (Pandalus spp., Crangon 0% See Note 2
crangon)
0306.1711 ---- Nylon shrimp (Heterocarpus reedi) 0% See Note 2
0306.1712 ---- Ecuadorian shrimp (Penaeus vannamei) 0% See Note 2
0306.1713 ---- Northern chilean shrimp (Cryphiops caementarius) 0% See Note 2
0306.1719 ---- Other 0% See Note 2
0306.1721 ---- Yellow langoustine (Cervimunida johni) 0% See Note 2
0306.1722 ---- Red langoustines (Pleurocondes monodon) 0% See Note 2
0306.1729 ---- Other 0% See Note 2
0306.1791 ---- Prawn (Haliporoides diomedeae) 0% See Note 2
0306.1799 ---- Other 0% See Note 2
0306.1930 ---Flour, meals and "pellets" of crustaceans shell 0% See Note 2
0306.1990 ---Other 0% See Note 2
& /en 306
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0306.3110 --- Easter Island lobster (Panulirus pascuensis) 0% See Note 2
0306.3120 --- Juan Fernández lobster (Jasus frontalis) 0% See Note 2
0306.3130 --- Dwarf lobster (Projasus bahamondei) 0% See Note 2
0306.3190 --- Others 0% See Note 2
0306.3200 -- Lobsters (Homarus spp.) 0% See Note 2
0306.3310 --- Crabs (Cancer porteri, Metacarcinus edwardsii (ex 0% See Note 2
Cancer edwarsii), Homalaspis plana, Taliepus dentatus,
Romaleon setosus, Cancer plebejus, Ovalipes trimaculatus)
0306.3321 ---- King crab (Lithodes santolla (ex antarcticus)) 0% See Note 2
0306.3322 ---- King crab (Lithodes spp.) 0% See Note 2
0306.3323 ---- Snow crab (Paralomis granulosa) 0% See Note 2
0306.3324 ---- Snow crab (Paralomis spp.) 0% See Note 2
0306.3329 ---- Others 0% See Note 2
0306.3390 --- Others 0% See Note 2
& /en 307
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0306.3400 -- Norway lobsters (Nephrops norvegicus) 0% See Note 2
0306.3510 --- Shrimps 0% See Note 2
0306.3520 --- Langoustines 0% See Note 2
0306.3590 --- Others 0% See Note 2
0306.3611 ---- Nylon shrimp (Heterocarpus reedi) 0% See Note 2
0306.3612 ---- Ecuadorian shrimp (Penaeus vannamei) 0% See Note 2
0306.3613 ---- Northern chilean shrimp (Cryphiops caementarius) 0% See Note 2
0306.3619 ---- Others 0% See Note 2
0306.3621 ---- Yellow langoustine (Cervimunida johni) 0% See Note 2
0306.3622 ---- Red langoustines (Pleurocondes monodon) 0% See Note 2
0306.3629 ---- Others 0% See Note 2
0306.3691 ---- Prawn (Haliporoides diomedeae) 0% See Note 2
0306.3699 ---- Others 0% See Note 2
& /en 308
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0306.3930 --- Flours, meals and pellets of crustaceans 0% See Note 2
0306.3990 --- Others 0% See Note 2
0306.9100 -- Rock lobster and other sea crawfish (Palinurus spp., 0% See Note 2
Panulirus spp., Jasus spp.)
0306.9200 -- Lobsters (Homarus spp.) 0% See Note 2
0306.9300 -- Crabs 0% See Note 2
0306.9400 -- Norway lobsters (Nephrops norvegicus) 0% See Note 2
0306.9500 -- Shrimps and prawns 0% See Note 2
0306.9900 -- Other, including flours, meals and pellets of crustaceans, 0% See Note 2
fit for human consumption
0307.1110 --- Chilean oyster (Ostrea chilensis) 0% See Note 2
0307.1120 --- Pacific Oyster (Crassostrea gigas) 0% See Note 2
0307.1190 --- Other 0% See Note 2
0307.1210 --- Chilean oyster (Ostrea chilensis) 0% See Note 2
& /en 309
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0307.1220 --- Pacific Oyster (Crassostrea gigas) 0% See Note 2
0307.1290 --- Others 0% See Note 2
0307.1900 -- Other 0% See Note 2
0307.2110 --- Coquille de Saint Jacques, scallop (Argopecten 0% See Note 2
purpuratus)
0307.2120 --- Patagonian Scallop (Chlamys patagónica) 0% See Note 2
0307.2190 --- Other 0% See Note 2
0307.2210 --- Coquille de Saint Jacques, scallop (Argopecten 0% See Note 2
purpuratus)
0307.2220 --- Patagonian Scallop (Chlamys patagónica) 0% See Note 2
0307.2290 --- Others 0% See Note 2
0307.2910 --- Coquille de Saint Jacques, scallop (Argopecten 0% See Note 2
purpuratus)
0307.2920 --- Patagonian Scallop (Chlamys patagónica) 0% See Note 2
& /en 310
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0307.2990 --- Others 0% See Note 2
0307.3100 -- Live, fresh or chilled 0% See Note 2
0307.3200 -- Frozen 0% See Note 2
0307.3900 -- Other 0% See Note 2
0307.4210 --- Cuttlefish (Sepia officinalis and Rossia macrosoma) and 0% See Note 2
squid (Sepiola spp.)
0307.4220 --- Squid (Ommastrephes spp. Loligo spp. 0% See Note 2
Nototodarus spp., Sepioteithis spp.)
0307.4290 --- Other 0% See Note 2
0307.4310 --- Squid (Ommastrephes spp.) 0% See Note 2
0307.4320 --- Fillet of cuttlefish wings or red squid (Dosidicus gigas) 0% See Note 2
0307.4330 --- Cuttlefish wings or red squid (Dosidicus gigas) 0% See Note 2
0307.4340 --- Tubes or pods of cuttlefish or red squid (Dosidicus 0% See Note 2
gigas)
& /en 311
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0307.4390 --- Others 0% See Note 2
0307.4900 -- Other 0% See Note 2
0307.5110 --- Octopus (Octopus mimus) 0% See Note 2
0307.5120 --- Southern blue-ringed octopus or red octopus 0% See Note 2
(Enteroctopus megalocyathus)
0307.5190 --- Other 0% See Note 2
0307.5210 --- Octopus (Octopus mimus) 0% See Note 2
0307.5220 --- Southern blue-ringed octopus or red octopus 0% See Note 2
(Enteroctopus megalocyathus)
0307.5290 --- Others 0% See Note 2
0307.5900 -- Other 0% See Note 2
0307.6000 - Snails, other than sea snails 0% See Note 2
0307.7110 --- Clams and hard shell clams (Protothaca thaca) 0% See Note 2
(Ameghinomya antiqua)
& /en 312
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0307.7120 --- Sea asparagus (Ensis macha) 0% See Note 2
0307.7190 --- Other 0% See Note 2
0307.7211 ---- Protothaca thaca, Ameghinomya antiqua 0% See Note 2
0307.7212 ---- Juliana or Taweras (Tawera gayi) 0% See Note 2
0307.7213 ---- Razor clam (Mesodesma donacium) 0% See Note 2
0307.7214 ---- Chilean semele (Semele solida) 0% See Note 2
0307.7215 ---- Sea asparagus (Ensis macha) 0% See Note 2
0307.7216 ---- Hard razor clam, sea petal (Tagelus dombeii) 0% See Note 2
0307.7219 ---- Others 0% See Note 2
0307.7290 --- Others 0% See Note 2
0307.7900 -- Other 0% See Note 2
0307.8110 --- Ezo Awabi or green abalone (Haliotis discus hannai) 0% See Note 2
0307.8190 --- Other 0% See Note 2
& /en 313
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0307.8200 -- Live, fresh or chilled stromboid conchs (Strombus spp.) 0% See Note 2
0307.8310 --- Red abalon (Haliotis rufescens) 0% See Note 2
0307.8320 --- Ezo Awabi or green abalone (Haliotis discus hannai) 0% See Note 2
0307.8390 --- Others 0% See Note 2
0307.8400 -- Frozen stromboid conchs (Strombus spp.) 0% See Note 2
0307.8700 -- Other abalone (Haliotis spp.) 0% See Note 2
0307.8800 -- Other stromboid conchs (Strombus spp.) 0% See Note 2
0307.9130 --- Chilean abalone or false abalone (Concholepas 0% See Note 2
concholepas)
0307.9190 --- Other 0% See Note 2
0307.9210 --- Chilean abalone or false abalone (Concholepas 0% See Note 2
concholepas)
0307.9221 ---- Giant snails (Zidona dufresnei) 0% See Note 2
& /en 314
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0307.9222 ---- Trophon top shelL, south top shell (Trophon 0% See Note 2
gervesianus)
0307.9223 ---- Chilean Triton (Argobuccinum spp.) 0% See Note 2
0307.9224 ---- Black top shell (Thais chocolata) 0% See Note 2
0307.9229 ---- Others 0% See Note 2
0307.9230 --- Limpets (Fissurella spp.) 0% See Note 2
0307.9290 --- Others 0% See Note 2
0307.9900 -- Other 0% See Note 2
0308.1100 -- Live, fresh or chilled 0% See Note 2
0308.1200 -- Frozen 0% See Note 2
0308.1900 -- Other 0% See Note 2
0308.2110 --- Tongues (gonads) of the sea urchin (Loxechinus albus) 0% See Note 2
0308.2190 --- Other 0% See Note 2
0308.2210 --- Tongues (gonads) of the sea urchin (Loxechinus albus) 0% See Note 2
& /en 315
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0308.2290 ---- Others 0% See Note 2
0308.2900 -- Other 0% See Note 2
0308.3000 - Jellyfish (Rhopilema spp.) 0% See Note 2
0308.9000 - Other 0% See Note 2
0401.1000 - Of a fat content, by weight, not exceeding 1 % 6% 7
0401.2000 - Of a fat content, by weight, exceeding 1 % but not 6% 7
exceeding 6 %
0401.4000 - Of a fat content, by weight, exceeding 6 % but not 6% 7
exceeding 10 %
0401.5010 -- Of a fat content, exceeding 10 % by weight, but not 6% 7
exceeding 12 %
0401.5020 -- Of a fat content equal to 12 % by weight: 6% 7
0401.5030 -- Of a fat content, exceeding 12 % by weight, but not 6% 7
exceeding 26 %
0401.5040 - Of a fat content, equal to 26 % by weight 6% 7
& /en 316
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0401.5090 -- Other 6% 7
0402.1000 - In powder, granules or other solid forms, of a fat content, 6% 7
by weight, not exceeding 1,5 %
0402.2111 ----Of a fat content exceeding 1,5 % but not exceeding 6 %, 6% 7
by weight
0402.2112 ----Of a fat content exceeding 6 % but not exceeding 12 %, 6% 7
by weight
0402.2113 ----Of a fat content of 12 %, by weight 6% 7
0402.2114 ----Of a fat content exceeding 12 % but not 6% 7
exceeding 18 %, by weight
0402.2115 ----Of a fat content of 18 %, by weight 6% 7
0402.2116 ----Of a fat content exceeding 18 % but not 6% 7
exceeding 24 %, by weight
0402.2117 ----Of a fat content exceeding 24 % but not 6% 7
exceeding 26 %, by weight
& /en 317
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0402.2118 ----Of a fat content of 26 % and more, by weight 6% 7
0402.2120 ---Cream 6% 7
0402.2911 ----Of a fat content exceeding 1,5 % but not exceeding 6 %, 6% 7
by weight
0402.2912 ----Of a fat content exceeding 6 % but not exceeding 12 %, 6% 7
by weight
0402.2913 ----Of a fat content of 12 %, by weight 6% 7
0402.2914 ----Of a fat content exceeding 12 % but not 6% 7
exceeding 18 %, by weight
0402.2915 ----Of a fat content of 18 %, by weight 6% 7
0402.2916 ----Of a fat content exceeding 18 % but not 6% 7
exceeding 24 %, by weight
0402.2917 ----Of a fat content exceeding 24 % but not 6% 7
exceeding 26 %, by weight
0402.2918 ----Of a fat content of 26 % and more, by weight 6% 7
& /en 318
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0402.2920 ---Cream 6% 7
0402.9110 ---Milk, whether in liquid or semi-solid form 6% 7
0402.9120 ---Cream 6% 7
0402.9910 ---Condensed milk 6% 7
0402.9990 ---Other 6% 7
0403.1010 --Containing added fruit 6% 7
0403.1020 --Containing added cereal 6% 7
0403.1090 --Other 6% 7
0403.9000 - Other 6% 7
0404.1000 - Whey and modified whey, whether or not concentrated or 6% 7
containing added sugar or other sweetening matter
0404.9000 - Other 6% 7
0405.1000 - Butter 6% 7
0405.2000 - Dairy spreads 6% 7
& /en 319
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0405.9000 - Other 6% 7
0406.1010 --Fresh (unripened or uncured) cheese 6% 7* TRQ-Cheese
0406.1020 --Cream cheese 6% 7* TRQ-Cheese
0406.1030 --Mozzarella cheese 6% 7* TRQ-Cheese
0406.1090 --Other 6% 7* TRQ-Cheese
0406.2000 - Grated or powdered cheese, of all kinds 6% 7* TRQ-Cheese
0406.3000 - Processed cheese, not grated or powdered 6% 7* TRQ-Cheese
0406.4000 - Blue-veined cheese and other cheese containing veins 6% 7* TRQ-Cheese
produced by Penicillium roqueforti
0406.9010 --Gouda and Gouda-type cheese 6% 7* TRQ-Cheese
0406.9020 --Cheddar and Cheddar-type cheese 6% 7* TRQ-Cheese
0406.9030 --Edam and Edam-type cheese 6% 7* TRQ-Cheese
0406.9040 --Parmesan and Parmesan-type cheese 6% 7* TRQ-Cheese
0406.9090 --Other 6% 7* TRQ-Cheese
& /en 320
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0407.1100 -- Of fowls of the species Gallus domesticus 0% See Note 2
0407.1900 -- Other 0% See Note 2
0407.2100 -- Of fowls of the species Gallus domesticus 0% See Note 2
0407.2900 -- Other 0% See Note 2
0407.9000 - Others 0% See Note 2
0408.1100 -- Dried 0% See Note 2
0408.1900 -- Other 0% See Note 2
0408.9100 -- Dried 0% See Note 2
0408.9900 -- Other 0% See Note 2
0409.0010 - Organic 0% See Note 2
0409.0090 - Other 0% See Note 2
0410.0011 -- Organic 0% See Note 2
0410.0019 -- Others 0% See Note 2
0410.0021 -- Organic 0% See Note 2
& /en 321
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
0410.0029 -- Others 0% See Note 2
0410.0031 -- Organic 0% See Note 2
0410.0039 -- Others 0% See Note 2
0410.0090 - Others 0% See Note 2
1001.1100 -- Seed 0% See Note 2
1001.1900 -- Other 0% See Note 2
1001.9100 -- Seed 6 % + PBS 0
1001.9911 ---- Of a humid gluten content higher or equal to 30 %, by 6 % + PBS 0
weight
1001.9912 ---- Of a humid gluten content higher or equal to 25 %, but 6 % + PBS 0
lower than 30 %, by weight
1001.9913 ---- Of a humid gluten content higher or equal to 18 %, but 6 % + PBS 0
lower than 25 %, by weight
1001.9919 ---- Other 6 % + PBS 0
& /en 322
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1001.9921 ---- Of a humid gluten content higher or equal to 30 %, by 6 % + PBS 0
weight
1001.9922 ---- Of a humid gluten content higher or equal to 25 %, but 6 % + PBS 0
lower than 30 %, by weight
1001.9923 ---- Of a humid gluten content higher or equal to 18 %, but 6 % + PBS 0
lower than 25 %, by weight
1001.9929 ---- Other 6 % + PBS 0
1001.9931 ---- Of a humid gluten content higher or equal to 30 %, by 6 % + PBS 0
weight
1001.9932 ---- Of a humid gluten content higher or equal to 25 %, but 6 % + PBS 0
lower than 30 %, by weight
1001.9933 ---- Of a humid gluten content higher or equal to 18 %, but 6 % + PBS 0
lower than 25 %, by weight
1001.9939 ---- Other 6 % + PBS 0
& /en 323
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1001.9941 ---- Of a humid gluten content higher or equal to 30 %, by 6 % + PBS 0
weight
1001.9942 ---- Of a humid gluten content higher or equal to 25 %, but 6 % + PBS 0
lower than 30 %, by weight
1001.9943 ---- Of a humid gluten content higher or equal to 18 %, but 6 % + PBS 0
lower than 25 %, by weight
1001.9949 ---- Other 6 % + PBS 0
1001.9951 ---- Of a humid gluten content higher or equal to 30 %, by 6 % + PBS 0
weight
1001.9952 ---- Of a humid gluten content higher or equal to 25 %, but 6 % + PBS 0
lower than 30 %, by weight
1001.9953 ---- Of a humid gluten content higher or equal to 18 %, but 6 % + PBS 0
lower than 25 %, by weight
1001.9959 ---- Other 6 % + PBS 0
& /en 324
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1001.9961 ---- Of a humid gluten content higher or equal to 30 %, by 6 % + PBS 0
weight
1001.9962 ---- Of a humid gluten content higher or equal to 25 %, but 6 % + PBS 0
lower than 30 %, by weight
1001.9963 ---- Of a humid gluten content higher or equal to 18 %, but 6 % + PBS 0
lower than 25 %, by weight
1001.9969 ---- Other 6 % + PBS 0
1001.9971 ---- Of a humid gluten content higher or equal to 30 %, by 6 % + PBS 0
weight
1001.9972 ---- Of a humid gluten content higher or equal to 25 %, but 6 % + PBS 0
lower than 30 %, by weight
1001.9973 ---- Of a humid gluten content higher or equal to 18 %, but 6 % + PBS 0
lower than 25 %, by weight
1001.9979 ---- Other 6 % + PBS 0
& /en 325
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1001.9991 ---- Of a humid gluten content higher or equal to 30 %, by 6 % + PBS 0
weight
1001.9992 ---- Of a humid gluten higher content or equal to 25 %, but 6 % + PBS 0
lower than 30 %, by weight
1001.9993 ---- Of a humid gluten content higher or equal to 18 %, but 6 % + PBS 0
lower than 25 %, by weight
1001.9999 ---- Other 6 % + PBS 0
1002.1000 - Seed 0% See Note 2
1002.9010 -- For consumption 0% See Note 2
1002.9090 -- Others 0% See Note 2
1003.1000 - Seed 0% See Note 2
1003.9010 -- For consumption 0% See Note 2
1003.9090 -- Others 0% See Note 2
1004.1000 - Seed 0% See Note 2
& /en 326
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1004.9000 - Others 0% See Note 2
1005.1010 -- Hybrids 0% See Note 2
1005.1090 -- Others 0% See Note 2
1005.9010 -- For research and testing 0% See Note 2
1005.9020 -- For consumption 0% See Note 2
1005.9090 -- Others 0% See Note 2
1006.1010 -- For sowing 0% See Note 2
1006.1090 -- Others 0% See Note 2
1006.2000 - Husked (brown) rice 0% See Note 2
1006.3010 -- Containing 5 % or less by weight of broken grains 0% See Note 2
1006.3020 -- Containing more than 5 % but not more than 15 %, by 0% See Note 2
weight, of broken grains
1006.3090 -- Others 0% See Note 2
1006.4000 - Broken rice 0% See Note 2
& /en 327
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1007.1000 - Seed 0% See Note 2
1007.9010 -- For consumption 0% See Note 2
1007.9090 -- Other 0% See Note 2
1008.1000 - Buckwheat 0% See Note 2
1008.2100 -- Seed 0% See Note 2
1008.2900 -- Other 0% See Note 2
1008.3000 - Canary seeds 0% See Note 2
1008.4000 - Fonio (Digitaria spp.) 0% See Note 2
1008.5010 -- Organic 0% See Note 2
1008.5090 -- Other 0% See Note 2
1008.6000 - Triticale 0% See Note 2
1008.9000 - Other cereals 0% See Note 2
1101.0000 Wheat or meslin flour. 6 % + PBS 0
& /en 328
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1102.2000 - Maize (corn) flour 0% See Note 2
1102.9000 - Other 0% See Note 2
1103.1100 -- Of wheat 6% 3
1103.1300 -- Of maize (corn) 0% See Note 2
1103.1900 -- Of other cereals 0% See Note 2
1103.2000 - Pellets 6% 0
1104.1200 -- Of oats 0% See Note 2
1104.1900 -- Of other cereals 0% See Note 2
1104.2210 ---Hulled 0% See Note 2
1104.2290 ---Other 0% See Note 2
1104.2300 -- Of maize (corn) 0% See Note 2
1104.2900 -- Of other cereals 0% See Note 2
1104.3000 - Germ of cereals, whole, rolled, flaked or ground 0% See Note 2
& /en 329
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1105.1000 - Flour, meal and powder 0% See Note 2
1105.2000 - Flakes, granules and pellets 0% See Note 2
1106.1000 - Of the dried leguminous vegetables of heading 07.13 0% See Note 2
1106.2000 - Of sago or of roots or tubers of heading 07.14 0% See Note 2
1106.3000 - Of the products of Chapter 8 0% See Note 2
1107.1000 - Not roasted 0% See Note 2
1107.2000 - Roasted 0% See Note 2
1108.1100 -- Wheat starch 0% See Note 2
1108.1200 -- Maize (corn) starch 0% See Note 2
1108.1300 -- Potato starch 0% See Note 2
1108.1400 -- Manioc (cassava) starch 0% See Note 2
1108.1900 -- Other starches 0% See Note 2
1108.2000 - Inulin 0% See Note 2
& /en 330
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1109.0000 Wheat gluten, whether or not dried. 0% See Note 2
1201.1000 - Seed 0% See Note 2
1201.9000 - Other 0% See Note 2
1202.3000 - Seed 0% See Note 2
1202.4100 -- In Shell 0% See Note 2
1202.4200 -- Shelled, whether or not broken 0% See Note 2
1203.0000 Copra. 0% See Note 2
1204.0010 - For sowing 0% See Note 2
1204.0090 - Other 0% See Note 2
1205.1010 -- For sowing 0% See Note 2
1205.1090 -- Others 0% See Note 2
1205.9010 -- For sowing 0% See Note 2
1205.9090 -- Other 0% See Note 2
1206.0010 - For sowing 0% See Note 2
& /en 331
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1206.0090 - Other 0% See Note 2
1207.1000 - Palm nuts and kernels 0% See Note 2
1207.2100 -- Seed 0% See Note 2
1207.2900 -- Others 0% See Note 2
1207.3010 -- Seed 0% See Note 2
1207.3090 -- Others 0% See Note 2
1207.4010 -- Seed 0% See Note 2
1207.4090 -- Others 0% See Note 2
1207.5010 -- Seed 0% See Note 2
1207.5090 -- Others 0% See Note 2
1207.6010 -- Seed 0% See Note 2
1207.6090 -- Others 0% See Note 2
1207.7010 -- Seed 0% See Note 2
1207.7090 -- Others 0% See Note 2
& /en 332
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1207.9110 --- Seed 0% See Note 2
1207.9190 --- Others 0% See Note 2
1207.9900 -- Other 0% See Note 2
1208.1000 - Of soya beans 0% See Note 2
1208.9000 - Other 0% See Note 2
1209.1000 - Sugar beet seeds 0% See Note 2
1209.2100 -- Lucerne (alfalfa) seeds 0% See Note 2
1209.2210 --- Red clover (Trifolium pratense) 0% See Note 2
1209.2220 --- Crimson clover (Trifolium incarnatum L.) 0% See Note 2
1209.2230 --- White clover (Trifolium repens L.) 0% See Note 2
1209.2290 --- Others 0% See Note 2
1209.2300 -- Fescue seeds 0% See Note 2
1209.2400 -- Kentucky blue grass (Poa pratensis L.) seeds 0% See Note 2
& /en 333
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1209.2500 -- Rye grass (Lolium multiflorum Lam., Lolium perenne L.) 0% See Note 2
seeds
1209.2910 -- Lupine (Lupinus spp.) 0% See Note 2
1209.2920 --- Orchardgrass (Dactylis glomerata) 0% See Note 2
1209.2930 --- Sweet clover (Melilotus spp.) 0% See Note 2
1209.2940 --- Vicia (Vicia spp.) 0% See Note 2
1209.2990 --- Others 0% See Note 2
1209.3010 -- Hibiscus (Hibiscus esculentus) 0% See Note 2
1209.3090 -- Others 0% See Note 2
1209.9111 ---- Chard (Beta vulgaris var. Cicla) 0% See Note 2
1209.9112 ---- Beetroot (Beta vulgaris var. Conditiva) 0% See Note 2
1209.9113 ---- Spinach (Spinacea oleracea) 0% See Note 2
1209.9119 ---- Others 0% See Note 2
1209.9121 ---- Chicory (Cichorium intybus sativa) 0% See Note 2
& /en 334
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1209.9122 ---- Artichoke (Cynara scolymus) 0% See Note 2
1209.9123 ---- Endive (Cichorium intybus L.) 0% See Note 2
1209.9124 ---- Lettuce (Lactuca sativa) 0% See Note 2
1209.9125 ---- Radicchio (Cicchorium intybus foliosum) 0% See Note 2
1209.9129 ---- Others 0% See Note 2
1209.9131 ---- Broccoli (Brassica oleracea var italica) 0% See Note 2
1209.9132 ---- Cauliflower (Brassica oleracea var. botrytis) 0% See Note 2
1209.9133 ---- Kohlrabi (Brassica oleracea gongyloides) 0% See Note 2
1209.9134 ---- Radish (Raphanus sativus) 0% See Note 2
1209.9135 ---- Cabbage (Brassica oleracea var. capitata) 0% See Note 2
1209.9136 ---- Arugula (Eruca sativa) 0% See Note 2
1209.9139 ---- Others 0% See Note 2
1209.9141 ---- Alcayota (Cucurbita ficifolia) 0% See Note 2
& /en 335
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1209.9142 ---- Zucchini (Italian pumpkin) (Cucurbita pepo var. 0% See Note 2
medullosa)
1209.9144 ---- Cucumber (Cucumis sativus) 0% See Note 2
1209.9145 ---- Watermelon (Citrullus lanatus) 0% See Note 2
1209.9146 ---- Other pumpkins and zucchinis (Cucurbita spp.) 0% See Note 2
1209.9149 ---- Others 0% See Note 2
1209.9151 ---- Garlic (Allium sativum) 0% See Note 2
1209.9152 ---- Bunching (Allium fistulossum) 0% See Note 2
1209.9153 ---- Onion (Allium cepa) 0% See Note 2
1209.9154 ---- Asparagus (Asparagus officinalis) 0% See Note 2
1209.9155 ---- Leek (Allium porrum) 0% See Note 2
1209.9159 ---- Others 0% See Note 2
1209.9161 ---- Chili (Capsicum frutescens) 0% See Note 2
1209.9162 ---- Eggplant (Solanum melongena) 0% See Note 2
& /en 336
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1209.9163 ---- Pepper (Capsicum annuum) 0% See Note 2
1209.9164 ---- Tobacco (Nicotiana tabacum L.) 0% See Note 2
1209.9165 ---- Tomatoe (Lycopersicum esculentum) 0% See Note 2
1209.9169 ---- Others 0% See Note 2
1209.9171 ---- Celery (Apium graveolens) 0% See Note 2
1209.9172 ---- Fennel (Foeniculum vulgare) 0% See Note 2
1209.9173 ---- Parsley (Petroselinum crispum) 0% See Note 2
1209.9174 ---- Carrot (Daucus carota) 0% See Note 2
1209.9179 ---- Others 0% See Note 2
1209.9181 ---- Basil (Ocimum basilicum) 0% See Note 2
1209.9182 ---- Rosemary (Rosmarinus officinalis) 0% See Note 2
1209.9189 ---- Others 0% See Note 2
1209.9190 --- Others 0% See Note 2
& /en 337
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1209.9911 ---- Pine (Pinus spp.) 0% See Note 2
1209.9919 ---- Others 0% See Note 2
1209.9990 --- Others 0% See Note 2
1210.1000 - Hop cones, neither ground nor powdered nor in the form 0% See Note 2
of pellets
1210.2000 - Hop cones, ground, powdered or in the form of pellets; 0% See Note 2
lupulin
1211.2000 - Ginseng roots 0% See Note 2
1211.3000 - Coca leaf 0% See Note 2
1211.4000 - Poppy straw 0% See Note 2
1211.5000 - Ephedra 0% See Note 2
1211.9011 --- Leaves of organic boldo 0% See Note 2
1211.9019 --- Other 0% See Note 2
1211.9020 -- Oregano 0% See Note 2
& /en 338
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1211.9030 -- Ergot of rye (Claviceps purpurea) 0% See Note 2
1211.9040 -- Leaves of stevia (Stevia rebaudiana) 0% See Note 2
1211.9050 -- St. John's Wort (Hypericum perforatum) 0% See Note 2
1211.9061 --- Organic 0% See Note 2
1211.9069 --- Other 0% See Note 2
1211.9071 --- Seeds and barren seeds 0% See Note 2
1211.9072 --- Husk 0% See Note 2
1211.9079 --- Other 0% See Note 2
1211.9081 --- Seeds and barren seeds 0% See Note 2
1211.9082 --- Husk 0% See Note 2
1211.9083 --- Flowers and leaves 0% See Note 2
1211.9089 --- Other 0% See Note 2
1211.9092 --- Organic maqui leaves 0% See Note 2
1211.9093 --- Other maqui leaves 0% See Note 2
& /en 339
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1211.9094 --- Other organic 0% See Note 2
1211.9099 --- Other 0% See Note 2
1212.2110 --- Gelidium 0% See Note 2
1212.2120 --- Pelillo (Gracilaria spp.) 0% See Note 2
1212.2130 --- Chascón (Lessonia spp.) 0% See Note 2
1212.2140 --- Luga luga (Iridaea spp.) 0% See Note 2
1212.2150 --- Sea lettuce (Gigartina spp.) 0% See Note 2
1212.2160 --- Huiro (Macrocystis spp.) 0% See Note 2
1212.2170 --- Cochayuyo (Durvillaea Antarctica) 0% See Note 2
1212.2190 --- Other 0% See Note 2
1212.2910 --- Gelidium 0% See Note 2
1212.2920 --- Pelillo (Gracilaria spp.) 0% See Note 2
1212.2930 --- Chascón (Lessonia spp.) 0% See Note 2
1212.2940 --- Luga luga (Iridaea spp.) 0% See Note 2
& /en 340
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1212.2950 --- Sea lettuce (Gigartina spp.) 0% See Note 2
1212.2960 --- Huiro (Macrocystis spp.) 0% See Note 2
1212.2970 --- Cochayuyo (Durvillaea Antarctica) 0% See Note 2
1212.2990 --- Other 0% See Note 2
1212.9100 -- Sugar beet 6% 0
1212.9200 -- Locust beans (carob) 0% See Note 2
1212.9300 -- Sugar cane 6% 0
1212.9400 -- Chicory roots 6% 0
1212.9900 - Other
ex 1212.9900 -- Locust beans (carob) seed and apricot, peach or plum 0% See Note 2
stones and kernels
ex 1212.9900 -- Other 6% 0
1213.0000 Cereal straw and husks, unprepared, whether or not 0% See Note 2
chopped, ground, pressed or in the form of pellets.
& /en 341
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1214.1000 - Lucerne (alfalfa) meal and pellets 0% See Note 2
1214.9010 --Lupines (Lupinus spp.) 0% See Note 2
1214.9090 --Other 0% See Note 2
1501.1000 - Lard 0% See Note 2
1501.2000 - Other pig fat 0% See Note 2
1501.9000 - Other 0% See Note 2
1502.1010 -- Merged (including "first juices") 0% See Note 2
1502.1090 -- Others 0% See Note 2
1502.9000 - Other 0% See Note 2
1503.0000 Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, 0% See Note 2
not emulsified or mixed or otherwise prepared.
1504.1000 - Fish-liver oils and their fractions 0% See Note 2
1504.2010 -- Fish oil, raw 0% See Note 2
& /en 342
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1504.2020 -- Fish oil, refined and semi-refined 0% See Note 2
1504.2090 -- Others 0% See Note 2
1504.3000 - Fats and oils and their fractions, of marine mammals 0% See Note 2
1505.0000 Wool grease and fatty substances derived therefrom 0% See Note 2
(including lanolin).
1506.0000 Other animal fats and oils and their fractions, whether or 0% See Note 2
not refined, but not chemically modified.
1507.1000 - Crude oil, whether or not degummed 6% 3
1507.9010 -- In bulk 6% 7
1507.9090 -- Other 6% 7
1508.1000 - Crude oil 6% 0
1508.9000 - Other 6% 0
1509.1011 --- In containers of a net capacity not exceeding 5 l 0% See Note 2
1509.1019 --- Other: 0% See Note 2
& /en 343
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1509.1091 --- In containers of a net capacity not exceeding 5 l 0% See Note 2
1509.1099 --- Other 0% See Note 2
1509.9010 -- Organic 0% See Note 2
1509.9090 -- Other 0% See Note 2
1510.0000 Other oils and their fractions, obtained solely from olives, 0% See Note 2
whether or not refined, but not chemically modified,
including blends of these oils or fractions with oils or
fractions of heading 15.09.
1511.1000 - Crude oil 6% 0
1511.9000 - Other 6% 7
1512.1110 --- Sunflower-seed oil and fractions thereof 0% See Note 2
1512.1120 --- Safflower oil and fractions thereof 0% See Note 2
1512.1911 ---- In bulk 0% See Note 2
1512.1919 ---- Other 0% See Note 2
& /en 344
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1512.1920 --- Safflower oil and fractions thereof 0% See Note 2
1512.2100 -- Crude oil, whether or not gossypol has been removed 6% 0
1512.2900 -- Other 6% 3
1513.1100 -- Crude oil 6% 0
1513.1900 -- Other 6% 0
1513.2100 -- Crude oil 6% 0
1513.2900 -- Other 6% 3
1514.1100 -- Crude oil 6% 7
1514.1900 -- Other 6% 3
1514.9100 -- Crude oil 6% 3
1514.9900 -- Others 6% 3
1515.1100 -- Crude oil 0% See Note 2
1515.1900 -- Other 0% See Note 2
1515.2100 -- Crude oil 0% See Note 2
& /en 345
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1515.2900 -- Other 0% See Note 2
1515.3000 - Castor oil and its fractions 0% See Note 2
1515.5000 - Sesame oil and its fractions 6% 0
1515.9011 --- Of organic rose hip 6% 3
1515.9019 --- Other 6% 3
1515.9021 --- Of organic avocados 0% See Note 2
1515.9029 --- Of other avocados 0% See Note 2
1515.9031 --- Organic 0% See Note 2
1515.9039 --- Others 0% See Note 2
1515.9090 --Other 0% See Note 2
1516.1011 ---Fish oils 0% See Note 2
1516.1012 ---Oils of marine mammals 0% See Note 2
1516.1090 -- Other 0% See Note 2
& /en 346
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1516.2000 - Vegetable fats and oils and their fractions 0% See Note 2
1517.1010 -- In immediate packings of a net content of 1 KN or less 0% See Note 2
1517.1090 -- Other 0% See Note 2
1517.9010 -- Mixtures of vegetable oils, crude 6% 7
1517.9020 -- Mixtures of vegetable oils, refined 6% 7
1517.9090 -- Other 6% 7
1518.0000 Animal or vegetable fats and oils and their fractions, boiled, 0% See Note 2
oxidised, dehydrated, sulphurised, blown, polymerised by
heat in vacuum or in inert gas or otherwise chemically
modified, excluding those of heading 15.16; inedible
mixtures or preparations of animal or vegetable fats or oils
or of fractions of different fats or oils of this Chapter, not
elsewhere specified or included.
1520.0000 Glycerol, crude; glycerol waters and glycerol lyes. 0% See Note 2
1521.1000 - Vegetable waxes 0% See Note 2
& /en 347
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1521.9011 --- Organics 0% See Note 2
1521.9019 --- Others 0% See Note 2
1521.9090 -- Others 0% See Note 2
1522.0000 Degras; residues resulting from the treatment of fatty 0% See Note 2
substances or animal or vegetable waxes.
1601.0000 Sausages and similar products, of meat, meat offal or blood; 0% See Note 2
food preparations based on these products.
1602.1000 - Homogenised preparations 0% See Note 2
1602.2000 - Of liver of any animal 0% See Note 2
1602.3110 --- Cuts prepared, seasoned or spiced 0% See Note 2
1602.3120 --- Pate and spreads 0% See Note 2
1602.3130 --- Ham 0% See Note 2
1602.3190 --- Other 0% See Note 2
1602.3210 --- Cuts, prepared, seasoned or spiced 0% See Note 2
& /en 348
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1602.3220 --- Pate and spreads 0% See Note 2
1602.3230 --- Pulp 0% See Note 2
1602.3290 --- Other 0% See Note 2
1602.3900 -- Other 0% See Note 2
1602.4100 -- Hams and cuts thereof 0% See Note 2
1602.4200 -- Shoulders and cuts thereof 0% See Note 2
1602.4900 -- Other, including mixtures 0% See Note 2
1602.5000 - Of bovine animals 0% See Note 2
1602.9010 -- Of roe deer 0% See Note 2
1602.9020 -- Of wild boar 0% See Note 2
1602.9030 -- Of deer 0% See Note 2
1602.9040 -- Of rabbit 0% See Note 2
1602.9050 -- Of pheasant 0% See Note 2
1602.9060 -- Of goose 0% See Note 2
& /en 349
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1602.9070 -- Of partridge 0% See Note 2
1602.9090 -- Other 0% See Note 2
1603.0000 Extracts and juices of meat, fish or crustaceans, molluscs or 0% See Note 2
other aquatic invertebrates.
1604.1110 ---Smoked 0% See Note 2
1604.1190 ---Other 0% See Note 2
1604.1200 -- Herrings 0% See Note 2
1604.1311 ----In brine 0% See Note 2
1604.1312 ----In tomato sauce 0% See Note 2
1604.1319 ----Other 0% See Note 2
1604.1390 ---Other 0% See Note 2
1604.1410 ---Tunas 6% 0
1604.1420 ---Skipjacks 6% 0
1604.1430 ---Bonitos 0% See Note 2
1604.1500 -- Mackerel 0% See Note 2
& /en 350
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1604.1610 ---In oil 0% See Note 2
1604.1690 ---Other 0% See Note 2
1604.1700 -- Eels
ex 1604.1700 --- Fillets known as "loins" 6% 0
ex 1604.1700 --- Other 0% See Note 2
1604.1800 -- Shark fins
ex 1604.1800 --- Fillets known as "loins" 6% 0
ex 1604.1800 --- Other 0% See Note 2
1604.1911 ---- In brine 0% See Note 2
1604.1912 ---- In tomato sauce 0% See Note 2
1604.1913 ---- In oil 0% See Note 2
1604.1919 ---- Other 0% See Note 2
1604.1920 --- Kingclip 0% See Note 2
1604.1930 ---Trout 0% See Note 2
& /en 351
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1604.1940 --- Hake 0% See Note 2
1604.1990 --- Other
ex 1604.1990 ---- Fillets known as "loins" 6% 0
ex 1604.1990 ---- Fish of the genus Euthynnus 6% 0
ex 1604.1990 ---- Other 0% See Note 2
1604.2010 -- Of tuna 6% 0
1604.2020 -- Of bonito 0% See Note 2
1604.2030 -- Of salmon 0% See Note 2
1604.2040 -- Of sardine and jack mackarel 0% See Note 2
1604.2050 -- Of mackarel 0% See Note 2
1604.2060 -- Of anchovies 0% See Note 2
1604.2070 -- Of hake 0% See Note 2
1604.2090 -- Other
& /en 352
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
ex 1604.2090 --- Fillets known as "loins" 6% 0
ex 1604.2090 --- Of skipjack or other fish of the genus Euthynnus 6% 0
ex 1604.2090 --- Other 0% See Note 2
1604.3100 -- Caviar 0% See Note 2
1604.3200 -- Caviar substitutes 0% See Note 2
1605.1011 ---In airtight containers 0% See Note 2
1605.1012 ---Frozen 0% See Note 2
1605.1019 ---Other 0% See Note 2
1605.1021 --- King crab (Lithodes spp.), in airtight containers 0% See Note 2
1605.1022 --- King crab (Lithodes santolla), in airtight containers 0% See Note 2
1605.1023 --- Snow crab (Paralomis granulosa), in airtight containers 0% See Note 2
1605.1024 --- Snow crab (Paralomis spp.), in airtight containers 0% See Note 2
1605.1025 --- King crab (Lithodes spp.), frozen 0% See Note 2
& /en 353
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1605.1026 --- King crab (Lithodes santolla), frozen 0% See Note 2
1605.1027 --- Snow crab (Paralomis granulosa), frozen 0% See Note 2
1605.1028 --- Snow crab (Paralomis spp.), frozen 0% See Note 2
1605.1029 ---Other 0% See Note 2
1605.1090 --Other 0% See Note 2
1605.2111 ---- Nylon shrimp (Heterocarpus reedi) 0% See Note 2
1605.2112 ---- Ecuadorian shrimp (Penaeus vannamei) 0% See Note 2
1605.2113 ---- Northern chilean shrimp (Cryphiops caementarius) 0% See Note 2
1605.2119 ---- Other 0% See Note 2
1605.2121 ---- Nylon shrimp (Heterocarpus reedi) 0% See Note 2
1605.2122 ---- Ecuadorian shrimp (Penaeus vannamei) 0% See Note 2
1605.2123 ---- Northern chilean shrimp (Cryphiops caementarius) 0% See Note 2
1605.2129 ---- Other 0% See Note 2
& /en 354
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1605.2131 ---- Yellow langoustine (Cervimunida johni) 0% See Note 2
1605.2132 ---- Red langoustines (Pleurocondes monodon) 0% See Note 2
1605.2139 ---- Other 0% See Note 2
1605.2141 ---- Yellow langoustine (Cervimunida johni) 0% See Note 2
1605.2142 ---- Red langoustines (Pleurocondes monodon) 0% See Note 2
1605.2149 ---- Other 0% See Note 2
1605.2151 ---- Prawn (Haliporoides diomedeae) 0% See Note 2
1605.2159 ---- Other 0% See Note 2
1605.2161 ---- Prawn (Haliporoides diomedeae) 0% See Note 2
1605.2169 ---- Other 0% See Note 2
1605.2911 ---- Nylon shrimp (Heterocarpus reedi) 0% See Note 2
1605.2912 ---- Ecuadorian shrimp (Penaeus vannamei) 0% See Note 2
1605.2913 ---- Northern chilean shrimp (Cryphiops caementarius) 0% See Note 2
& /en 355
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1605.2919 ---- Other 0% See Note 2
1605.2921 ---- Yellow langoustine (Cervimunida johni) 0% See Note 2
1605.2922 ---- Red langoustines (Pleurocondes monodon) 0% See Note 2
1605.2929 ---- Other 0% See Note 2
1605.2931 ---- Prawn (Haliporoides diomedeae) 0% See Note 2
1605.2939 ---- Other 0% See Note 2
1605.2990 --- Other 0% See Note 2
1605.3000 - Lobster 0% See Note 2
1605.4000 - Other crustaceans 0% See Note 2
1605.5100 -- Oysters 0% See Note 2
1605.5210 --- Scallops (Argopecten purpuratus), (Chlamys 0% See Note 2
patagonica)
1605.5290 --- Other 0% See Note 2
1605.5300 -- Mussels 0% See Note 2
& /en 356
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1605.5410 --- Giant squid (Dosidicus gigas) 0% See Note 2
1605.5490 --- Other 0% See Note 2
1605.5500 -- Octopus 0% See Note 2
1605.5611 ---- Protothaca thaca, Ameghinomya antiqua 0% See Note 2
1605.5612 ---- Juliana or Tawera (Tawera gayi) 0% See Note 2
1605.5619 ---- Other 0% See Note 2
1605.5690 --- Other 0% See Note 2
1605.5710 --- Ezo Awabi or green abalone (Haliotis discus hannai) 0% See Note 2
1605.5790 --- Other 0% See Note 2
1605.5800 -- Snails, other than sea snails 0% See Note 2
1605.5910 --- Pink clam, soft clam (Mesodesma donacium) (Solen 0% See Note 2
macha)
1605.5920 --- Chilean abalone or false abalone (Concholepas 0% See Note 2
concholepas)
& /en 357
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1605.5931 ---- Fine snail (Zidona dufresnei) 0% See Note 2
1605.5932 ---- Gevers's Trophon (Trophon geversianus) 0% See Note 2
1605.5933 ---- Chilean Triton (Argobuccinum spp.) 0% See Note 2
1605.5934 ---- Black top shell (Thais chocolata) 0% See Note 2
1605.5939 ---- Other 0% See Note 2
1605.5940 --- Limpets (Fissurella spp.) 0% See Note 2
1605.5950 --- Razor clam (Tagelus dombeii) 0% See Note 2
1605.5960 --- Razor clam (Ensis macha) 0% See Note 2
1605.5970 --- Clams (Gari solida) 0% See Note 2
1605.5990 --- Other 0% See Note 2
1605.6100 -- Sea cucumbers 0% See Note 2
1605.6200 -- Sea urchins 0% See Note 2
1605.6300 -- Jellyfish 0% See Note 2
1605.6900 -- Other 0% See Note 2
& /en 358
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1701.1200 -- Beet sugar 6 % + PBS E
1701.1300 -- Cane sugar specified in Subheading Note 2 to this 6 % + PBS E
Chapter
1701.1400 -- Other cane sugar 6 % + PBS E
1701.9100 -- Containing added flavouring or colouring matter 6 % + PBS E
1701.9910 --- Cane sugar, refined 6 % + PBS E
1701.9920 --- Beet sugar, refined 6 % + PBS E
1701.9990 --- Other 6 % + PBS E
1702.1100 -- Containing by weight 99 % or more lactose, expressed as 6% 7
anhydrous lactose, calculated on the dry matter
1702.1900 -- Other 6% 7
1702.2000 - Maple sugar and maple syrup 6% 7
1702.3000 - Glucose and glucose syrup, not containing fructose or 6% 7
containing in the dry state less than 20 % by weight of
fructose
& /en 359
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1702.4000 - Glucose and glucose syrup, containing in the dry state at 6% 7
least 20 % but less than 50 % by weight of fructose,
excluding invert sugar
1702.5000 - Chemically pure fructose 6% 7
1702.6010 -- Of pear 6% 7
1702.6020 -- Of apple 6% 7
1702.6090 -- Other 6% 7
1702.9010 -- Colouring caramel 6% 7
1702.9020 -- Substitutes of the honey, even mixed with natural honey 6% 7
1702.9090 -- Other 6% 7
1703.1000 - Cane molasses 6% 7
1703.9000 - Other 6% 7
1704.1010 -- Sugar-coated 0% See Note 2
1704.1090 -- Other 0% See Note 2
& /en 360
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1704.9020 -- Bonbons 0% See Note 2
1704.9030 -- Caramels 0% See Note 2
1704.9050 -- Sweets 0% See Note 2
1704.9060 -- Sugar gums 0% See Note 2
1704.9070 -- Nougat 0% See Note 2
1704.9080 Confections made in whole or in part from "dulce de leche" 0% See Note 2
1704.9090 -- Other 0% See Note 2
1901.1010 -- Containing more than 10 % by weight of solid milk 0% See Note 2
products
1901.1090 --Other 0% See Note 2
1901.2010 --Containing more than 25 % by weight of milk fat, not put 6% 3
up for retail sale
1901.2090 --Other 6% 3
& /en 361
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1901.9011 --- Caramel 0% See Note 2
1901.9019 --- Others 0% See Note 2
1901.9090 -- Others 0% See Note 2
1902.1100 -- Containing eggs 0% See Note 2
1902.1910 --- Spaghetti 0% See Note 2
1902.1920 --- Pasta for soups 0% See Note 2
1902.1990 --- Others 0% See Note 2
1902.2010 -- Pasta stuffed with meat 0% See Note 2
1902.2090 -- Others 0% See Note 2
1902.3000 - Other pasta 0% See Note 2
1902.4000 - Couscous 0% See Note 2
1903.0000 Tapioca and substitutes therefor prepared from starch, in 0% See Note 2
the form of flakes, grains, pearls, siftings or in similar
forms.
& /en 362
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1904.1000 - Prepared foods obtained by the swelling or roasting of 0% See Note 2
cereals or cereal products
1904.2000 - Prepared foods obtained from unroasted cereal flakes or 0% See Note 2
from mixtures of unroasted cereal flakes and roasted cereal
flakes or swelled cereals
1904.3000 - Bulgur wheat 0% See Note 2
1904.9000 - Others 0% See Note 2
1905.1000 - Crispbread 0% See Note 2
1905.2000 - Gingerbread and the like 0% See Note 2
1905.3100 -- Sweet biscuits 0% See Note 2
1905.3200 -- Waffles and wafers 0% See Note 2
1905.4000 - Rusks, toasted bread and similar toasted products 0% See Note 2
1905.9010 -- Caramel sandwich cookies ("alfajores") 0% See Note 2
& /en 363
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
1905.9020 -- Sponge cakes ("bizcochos") 0% See Note 2
1905.9030 -- Crackers 0% See Note 2
1905.9090 -- Others 0% See Note 2
2101.1111 ---- Elaborated with organic coffee beans 0% See Note 2
2101.1119 ---- Other 0% See Note 2
2101.1191 ---- Elaborated with organic coffee beans 0% See Note 2
2101.1199 ---- Other 0% See Note 2
2101.1200 -- Preparations with a basis of extracts, essences or 0% See Note 2
concentrates or with a basis of coffee
2101.2010 -- Extracts, essences and concentrates, of tea, and 0% See Note 2
preparations with a basis of these extracts, essences or
concentrates, with a basis of tea
2101.2090 -- Other 0% See Note 2
2101.3000 - Roasted chicory and other roasted coffee substitutes, and 0% See Note 2
extracts, essences and concentrates thereof
& /en 364
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
2102.1000 - Active yeasts 0% See Note 2
2102.2000 - Inactive yeasts; other single-cell micro-organisms, dead 0% See Note 2
2102.3000 - Prepared baking powders 0% See Note 2
2103.1000 - Soya sauce 0% See Note 2
2103.2010 -- Tomato ketchup ("catsup", "catchup") 0% See Note 2
2103.2090 -- Other 0% See Note 2
2103.3000 - Mustard flour and meal and prepared mustard 0% See Note 2
2103.9010 -- Mixed condiments and mixed seasonings 0% See Note 2
2103.9020 -- Mayonnaise 0% See Note 2
2103.9090 -- Other 0% See Note 2
2104.1010 -- Creams and preparations therefor 0% See Note 2
2104.1020 -- Soups and preparations therefor 0% See Note 2
2104.1090 -- Other 0% See Note 2
& /en 365
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
2104.2010 -- Food preparations for infant use 0% See Note 2
2104.2090 -- Other 0% See Note 2
2105.0010 - With a basis of water 0% See Note 2
2105.0020 - With a basis of milk or cream 0% See Note 2
2105.0090 - Other 0% See Note 2
2106.1010 -- Protein concentrates 0% See Note 2
2106.1020 -- Textured protein substances 0% See Note 2
2106.9010 -- Powders for the preparation of puddings, creams, jellies 6% 3
and the like
2106.9020 -- Compound non-alcoholic preparations, of a kind used for 6% 3
the manufacture of beverages
2106.9090 -- Other 6% 3
2301.1010 -- Poultry flour 0% See Note 2
2301.1020 -- Ruminant flour 0% See Note 2
& /en 366
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
2301.1030 -- Pork flour 0% See Note 2
2301.1090 -- Others 0% See Note 2
2301.2011 --- With a protein content not exceeding 66 % by weight 0% See Note 2
(standard)
2301.2012 --- With a protein content of 66 % or more but not 0% See Note 2
exceeding 68 % by weight (prime)
2301.2013 --- With a protein content exceeding 68 % by weight (super 0% See Note 2
prime)
2301.2021 --- Of langoustine or prawns 0% See Note 2
2301.2022 --- Of crustacean shells 0% See Note 2
2301.2029 --- Other 0% See Note 2
2301.2090 -- Other 0% See Note 2
2302.1010 -- Bran 0% See Note 2
2302.1090 -- Other 0% See Note 2
& /en 367
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
2302.3000 - Of wheat 6% 3
2302.4000 - Of other cereals
ex 2302.4000 -- Of rice 0% See Note 2
ex 2302.4000 -- Other 6% 0
2302.5000 - Of leguminous plants 0% See Note 2
2303.1000 - Residues of starch manufacture and similar residues 0% See Note 2
2303.2010 -- Beet bagasse 6% 0
2303.2090 -- Other 0% See Note 2
2303.3000 - Brewing or distilling dregs and waste 0% See Note 2
2304.0010 - Oil-cakes 0% See Note 2
2304.0020 - Oil-cake flour 0% See Note 2
2304.0030 - Pellets 0% See Note 2
2304.0090 - Other 0% See Note 2
& /en 368
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
2305.0000 Oil-cake and other solid residues, whether or not ground or 0% See Note 2
in the form of pellets, resulting from the extraction of
ground-nut oil.
2306.1000 - Of cotton seeds 0% See Note 2
2306.2000 - Of linseed 0% See Note 2
2306.3010 --Oil-cakes 0% See Note 2
2306.3020 --Oil-cake flour 0% See Note 2
2306.3030 --Pellets 0% See Note 2
2306.3090 --Other 0% See Note 2
2306.4100 -- Of low erucic acid rape or colza seeds 0% See Note 2
2306.4900 -- Other 0% See Note 2
2306.5000 - Of coconut or copra 0% See Note 2
2306.6000 - Of palm nuts or kernels 0% See Note 2
2306.9000 - Other 0% See Note 2
2307.0000 Wine lees; argol. 0% See Note 2
& /en 369
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
2308.0000 Vegetable materials and vegetable waste, vegetable 0% See Note 2
residues and by-products, whether or not in the form of
pellets, of a kind used in animal feeding, not elsewhere
specified or included.
2309.1011 --- Milk replacer for dogs or cats 0% See Note 2
2309.1019 --- Other 0% See Note 2
2309.1021 --- Milk replacer for dogs or cats 0% See Note 2
2309.1029 --- Other 0% See Note 2
2309.1090 -- Other 0% See Note 2
2309.9030 -- Milk substitutes for calves, sheep, goats or horses feeding 0% See Note 2
2309.9040 -- Preparations of a kind used in animal feeding, consisting 0% See Note 2
mainly of algae, dried algae and algae byproducts
& /en 370
Staging
HS Code 2021 Description (see Note 1) Base Rate Notes
category
2309.9050 -- Mixed feeds containing 20 percent or more of matter of 0% See Note 2
animal origin
2309.9060 -- Preparations containing maize 0% See Note 2
2309.9070 -- Preparations containing wheat 0% See Note 2
2309.9080 -- Preparations containing maize and wheat 0% See Note 2
2309.9090 -- Other 0% See Note 2
____________
& /en 371
& /en 1
EUROPEAN
COMMISSION
Brussels, 5.7.2023
COM(2023) 434 final
ANNEX 2 – PART 2/2
ANNEX
to the
Proposal for a Council Decision
on the signing, on behalf of the European Union, of the Interim Agreement on Trade
between the European Union and the Republic of Chile
EN EN
ANNEX 3-A
INTRODUCTORY NOTES TO PRODUCT-SPECIFIC RULES OF ORIGIN
Note 1
General principles
1. This Annex sets out the general rules for the applicable requirements of Annex 3-B provided
for in subparagraph (c) of Article 3.2(1).
2. For the purposes of this Annex and Annex 3-B, the requirements for a product to be
originating in accordance with subparagraph (c) of Article 3.2(1) are a change in tariff
classification, a production process, a maximum value of non-originating materials, or any other
requirement specified in this Annex or Annex 3-B.
3. Reference to weight in a product-specific rule of origin means the net weight, which is the
weight of a material or a product, not including the weight of packaging.
4. This Annex and Annex 3-B are based on the Harmonized System, as amended
on 1 January 2022.
& /en 1
Note 2
The structure of Annex 3-B
1. Notes on Sections or Chapters, where applicable, are read in conjunction with the product
specific rules of origin for the relevant Section, Chapter, heading or subheading.
2. Each product-specific rule of origin set out in Column 2 of Annex 3-B applies to the
corresponding product identified in Column 1 of that Annex.
3. If a product is subject to alternative product-specific rules of origin, the product shall be
originating if it satisfies one of the alternatives. If a product is subject to a product-specific rule of
origin that includes multiple requirements, the product shall be originating only if it satisfies all of
the requirements.
4. For the purposes of this Annex and Annex 3-B:
(a) "Section" means a section of the Harmonized System;
(b) "Chapter" means the first two-digits in the tariff classification number under the
Harmonized System;
(c) "heading" means the first four-digits in the tariff classification number under the
Harmonized System;
& /en 2
(d) "subheading" means the first six-digits in the tariff classification number under the
Harmonized System.
5. For the purposes of product-specific rules of origin, the following abbreviations apply1:
(a) "CC" means production from non-originating materials of any Chapter, except that of the
product, or a change to the Chapter, heading or subheading from any other Chapter; this
means that all non-originating materials used in the production of the product must undergo a
change in tariff classification at the 2-digit level (i.e. a change in Chapter) of the
Harmonized System;
(b) "CTH" means production from non-originating materials of any heading, except that of the
product, or a change to the Chapter, heading or subheading from any other heading; this
means that all non-originating materials used in the production of the product must undergo a
change in tariff classification at the 4-digit level (i.e. a change in heading) of the
Harmonized System;
(c) "CTSH" means production from non-originating materials of any subheading, except that of
the product, or a change to the Chapter, heading or subheading from any other subheading;
this means that all non-originating materials used in the production of the product must
undergo a change in tariff classification at the 6-digit level (i.e. a change in sub-heading) of
the Harmonized System; and
1 For greater certainty, if a requirement of a change in tariff classification provides for
exception for a change from certain Chapters, headings or subheadings, none of the
non-originating materials of those Chapters, headings or subheadings may be used,
individually or jointly.
& /en 3
(d) "production from non-originating materials of any heading" means that the working or
processing from non-originating materials is more than insufficient.
Note 3
Application of Annex 3-B
1. Article 3.2(2), concerning products having acquired originating status which are incorporated
as a material in another product, applies irrespective of whether or not that status has been acquired
inside the same factory in a Party where those products are used.
2. If a product-specific rule of origin provides that a specified non-originating material shall not
be used or that the value or weight of a specified non-originating material cannot exceed a specific
threshold, those requirements do not apply to non-originating materials classified elsewhere in the
Harmonized System.
3. If a product-specific rule of origin provides that a product shall be produced from a particular
material, this does not prevent the use of other materials if these cannot satisfy the requirement
because of their inherent nature.
& /en 4
Note 4
Calculation of a maximum value of non-originating materials
1. For the purposes of this Annex and Annex 3-B:
(a) "customs value" means the value as determined in accordance with the Agreement on
implementation of Article VII of the General Agreement on Tariffs and Trade 1994;
(b) "EXW" means the price paid for the product ex-works to the manufacturer in whose
undertaking the last working or processing is carried out, provided that the price includes the
value of all the materials used and all other costs related to its production, minus any internal
taxes which are, or may be, repaid when the product obtained is exported;
(c) "MaxNOM" means the maximum value of non-originating materials expressed as a
percentage; and
(d) "VNM" means the value of non-originating materials used to manufacture the product, and
which is its customs value at the time of importation including freight, insurance, where
appropriate, packing and all the other costs incurred in transporting the materials to the
importation port in the Party where the producer of the product is located; where that customs
value is not known and cannot be ascertained, the first ascertainable price paid for the
non-originating materials in either Party is used; the value of the non-originating materials
used in the production of the product may be calculated on the basis of the weighted average
value formula or other stock valuation method under accounting principles which are
generally accepted in the Party's territory;
& /en 5
Where the actual price paid does not reflect all costs related to the manufacturing of the product
which are actually incurred in the European Union or in Chile, the ex-works price means the sum of
all those costs, minus any internal taxes which are, or may be, repaid when the product obtained is
exported.
2. For the calculation of MaxNOM, the following formula applies:
VNM
MaxNOM(%) = × 100
EXW
Note 5
Definitions of processes referred to in Sections V to VII of Annex 3-B
For the purposes of Sections V to VII of Annex 3-B:
(a) "biotechnological processing" means:
(i) biological or biotechnological culturing, including cell culture, hybridisation or genetic
modification of micro-organisms, bacteria, viruses, including phages, or human, animal
or plant cells; or
(ii) production, isolation or purification of cellular or intercellular structures, such as
isolated genes, gene fragments and plasmids, or fermentation;
& /en 6
(b) "change in particle size" means the deliberate and controlled modification in particle size of a
product, other than by merely crushing or pressing, resulting in a product with a defined
particle size, defined particle size distribution or defined surface area, which is relevant to the
purposes of the resulting product and with physical or chemical characteristics different from
those of the input materials;
(c) "chemical reaction" means a process, including a biochemical processing, which results in a
molecule with a new structure by breaking intramolecular bonds and by forming new
intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule, with the
exception of the following, which are not considered to be chemical reactions for the purpose
of this definition:
(i) dissolving in water or other solvents;
(ii) the elimination of solvents including solvent water; or
(iii) the addition or elimination of water of crystallisation;
(d) "distillation" means:
(i) atmospheric distillation: a separation process in which petroleum oils are converted, in a
distillation tower, into fractions according to boiling point and the vapour then
condensed into different liquefied fractions; products produced from petroleum
distillation may include liquefied petroleum gas, naphtha, gasoline, kerosene, diesel or
heating oil, light gas oils and lubricating oil; or
& /en 7
(ii) vacuum distillation: distillation at a pressure below atmospheric but not so low that it
would be classed as molecular distillation; vacuum distillation is used for distilling
high-boiling and heat-sensitive materials such as heavy distillates in petroleum oils to
produce light to heavy vacuum gas oils and residuum;
(e) "isomer separation" means the isolation or separation of isomers from a mixture of isomers;
(f) "mixing and blending" means the deliberate and proportionally controlled mixing or blending,
including dispersing, of materials, other than the addition of diluents, only to conform to
predetermined specifications which results in the production of a product having physical or
chemical characteristics that are relevant to the purposes or uses of the product and are
different from the input materials;
(g) "production of standard materials including standard solutions" means a production of a
preparation suitable for analytical, calibrating or referencing uses with precise degrees of
purity or proportions certified by the manufacturer;
(h) "purification" means a process which results in the elimination of at least 80 % of the content
of existing impurities or the reduction or elimination of impurities resulting in a product
suitable for one or more of the following applications:
(i) pharmaceutical, medicinal, cosmetic, veterinary, or food grade substances;
& /en 8
(ii) chemical products and reagents for analytical, diagnostic or laboratory uses;
(iii) elements and components for use in micro-elements;
(iv) specialised optical uses;
(v) non-toxic uses for health and safety;
(vi) biotechnical use;
(vii) carriers used in a separation process; or
(viii) nuclear grade uses.
Note 6
Definitions of terms used in Section XI of Annex 3-B
For the purposes of Section XI of Annex 3-B:
(a) "man-made staple fibres" means synthetic or artificial filament tow, staple fibres or waste, of
headings 55.01 to 55.07;
& /en 9
(b) "natural fibres" means fibres other than synthetic or artificial fibres. Their use is restricted to
the stages before spinning takes place, including waste, and, unless otherwise specified,
includes fibres which have been carded, combed or otherwise processed, but not spun;
"natural fibres" includes horsehair of heading 05.11, silk of headings 50.02 and 50.03,
wool-fibres and fine or coarse animal hair of headings 51.01 to 51.05, cotton fibres of
headings 52.01 to 52.03, and other vegetable fibres of headings 53.01 to 53.05;
(c) "printing" means a technique by which an objectively assessed function, such as colour,
design, or technical performance, is given to a textile substrate with a permanent character,
using screen, roller, digital or transfer techniques; and
(d) "printing (as standalone operation)" means a technique by which an objectively assessed
function, such as colour, design, or technical performance, is given to a textile substrate with a
permanent character, using screen, roller, digital or transfer techniques combined with at least
two preparatory or finishing operations, such as scouring, bleaching, mercerizing, heat setting,
raising, calendaring, shrink resistance processing, permanent finishing, decatising,
impregnating, mending and burling, shearing, singeing, process of air-tumbler, process of
stenter, milling, steam and shrinking, and wet decatising, provided that the value of all the
non-originating materials used does not exceed 50 % of the EXW of the product.
& /en 10
Note 7
Tolerances applicable to products containing two or more basic textile materials
1. For the purposes of this Note, basic textile materials are the following:
(a) silk;
(b) wool;
(c) coarse animal hair;
(d) fine animal hair;
(e) horsehair;
(f) cotton;
(g) paper-making materials and paper;
(h) flax;
(i) true hemp;
& /en 11
(j) jute and other textile bast fibres;
(k) sisal and other textile fibres of the genus Agave;
(l) coconut, abaca, ramie and other vegetable textile fibres;
(m) synthetic man-made filaments;
(n) artificial man-made filaments;
(o) current-conducting filaments;
(p) synthetic man-made staple fibres of polypropylene;
(q) synthetic man-made staple fibres of polyester;
(r) synthetic man-made staple fibres of polyamide;
(s) synthetic man-made staple fibres of polyacrylonitrile;
(t) synthetic man-made staple fibres of polyimide;
(u) synthetic man-made staple fibres of polytetrafluoroethylene;
& /en 12
(v) synthetic man-made staple fibres of poly (phenylene sulphide);
(w) synthetic man-made staple fibres of poly (vinyl chloride);
(x) other synthetic man-made staple fibres;
(y) artificial man-made staple fibres of viscose;
(z) other artificial man-made staple fibres;
(aa) yarn made of polyurethane segmented with flexible segments of polyether, whether or not
gimped;
(bb) yarn made of polyurethane segmented with flexible segments of polyester whether or not
gimped;
(cc) products of heading 56.05 (metallised yarn) incorporating strip consisting of a core of
aluminium foil or of a core of plastic film irrespective of whether or not coated with
aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or
coloured adhesive between two layers of plastic film;
(dd) other products of heading 56.05;
& /en 13
(ee) glass fibres; and
(ff) metal fibres.
2. Where reference to this Note is made in Annex 3-B, the requirements set out in its Column 2
shall not apply, as a tolerance, to non-originating basic textile materials which are used in the
manufacture of a product, provided that:
(a) the product contains two or more basic textile materials; and
(b) the weight of the non-originating basic textile materials, taken together, does not exceed 10 %
of the total weight of all the basic textile materials used; for example:
for a woollen fabric of heading 51.12 containing woollen yarn of heading 51.07, synthetic yarn of
staple fibres of heading 55.09 and materials other than basic textile materials, non-originating
woollen yarn which does not satisfy the requirement set out in Annex 3-B, or non-originating
synthetic yarn which does not satisfy the requirement set out in Annex 3-B, or a combination of
both, may be used, provided that their total weight does not exceed 10 % of the weight of all the
basic textile materials.
3. Notwithstanding subparagraph (b) of paragraph 2, for products containing yarn made of
polyurethane segmented with flexible segments of polyether, whether or not gimped, the maximum
tolerance is 20 %. However, the percentage of the other non-originating basic textile materials shall
not exceed 10 %.
& /en 14
4. Notwithstanding subparagraph (b) of paragraph 2, for products containing strip consisting of a
core of aluminium foil or of a core of plastic film irrespective of whether or not coated with
aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or
coloured adhesive between two layers of plastic film, the maximum tolerance is 30 %. However, the
percentage of the other non-originating basic textile materials shall not exceed 10 %.
Note 8
Other tolerances applicable to certain textile products
1. Where reference to this Note is made in Annex 3-B, non-originating textile materials, with the
exception of linings and interlinings, which do not satisfy the requirements set out in its Column 2
for a made-up textile product may be used, provided that they are classified in a heading other than
that of the product and that their value does not exceed 8 % of the EXW of the product.
2. Non-originating materials which are not classified in Chapters 50 to 63 of the Harmonized
System may be used without restriction in the manufacture of textile products classified in
Chapters 61 to 63 of the Harmonized System, whether or not they contain textiles. For example:
if a requirement set out in Annex 3-B provides that yarn shall be used, for a certain textile item,
such as trousers, this does not prevent the use of non-originating metal items, such as buttons,
because metal items are not classified in Chapters 50 to 63 of the Harmonized System; for the same
reasons, it does not prevent the use of non-originating slide fasteners, even though slide-fasteners
normally contain textiles.
& /en 15
3. Where a requirement set out in Annex 3-B consists in a maximum value of non-originating
materials, the value of the non-originating materials which are not classified in Chapters 50 to 63 of
the Harmonized System shall be taken into account in the calculation of the value of the
non-originating materials.
Note 9
Agricultural products
1. Agricultural products classified in Chapters 6, 7, 8, 9, 10, 12 and heading 24.01 of the
Harmonized System which are grown or harvested in the territory of a Party shall be treated as
originating in the territory of that Party, even if grown from seeds, bulbs, rootstock, cuttings, slips,
grafts, shoots, buds, or other live parts of plants imported from another country.
2. Notwithstanding Article 3.5, for products classified in subheadings 1602.31, 1602.32,
1602.41 and 1602.50 of the Harmonized System the value set out in subparagraph (a) of
Article 3.5(1) shall not exceed 15 % of the ex-works price of the product.
________________
& /en 16
ANNEX 3-B
PRODUCT-SPECIFIC RULES OF ORIGIN
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
SECTION I LIVE ANIMALS; ANIMAL PRODUCTS
Chapter 1 Live animals
01.01-01.06 All animals of Chapter 1 are wholly obtained.
Chapter 2 Meat and edible meat offal
02.01-02.10 Manufacture in which all the materials of Chapters 1 and 2 used are wholly
obtained.
Chapter 3 Fish and crustaceans, molluscs and other aquatic invertebrates
03.01-03.09 Manufacture in which all the materials of Chapter 3 used are wholly
obtained.
Chapter 4 Dairy produce; birds' eggs; natural honey; edible products of animal origin,
not elsewhere specified or included
04.01-04.10 Manufacture in which:
- all the materials of Chapter 4 used are wholly obtained;
- and the total weight of non-originating materials of headings 17.01
and 17.02 does not exceed 20 % of the weight of the product.
& /en 1
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
Chapter 5 Products of animal origin, not elsewhere specified or included
05.01-05.11 Manufacture from non-originating materials of any heading.
SECTION II VEGETABLE PRODUCTS
Chapter 6 Live trees and other plants; bulbs, roots and the like; cut flowers and
ornamental foliage
06.01-06.04 Manufacture in which all the materials of Chapter 6 used are wholly
obtained.
Chapter 7 Edible vegetables and certain roots and tubers
07.01-07.14 Manufacture in which all the materials of Chapter 7 used are wholly
obtained.
Chapter 8 Edible fruit and nuts; peel of citrus fruit or melons
08.01-08.14 Manufacture in which:
- all the materials of Chapter 8 used are wholly obtained;
and
- the total weight of non-originating materials of headings 17.01 and 17.02
does not exceed 20 % of the weight of the product.
Chapter 9 Coffee, tea, maté and spices
09.01-09.10 Manufacture from non-originating materials of any heading.
Chapter 10 Cereals
10.01-10.08 Manufacture in which all the materials of Chapter 10 used are wholly
obtained.
& /en 2
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
Chapter 11 Products of the milling industry; malt; starches; inulin; wheat gluten
11.01-11.09 Manufacture in which all non-originating materials of Chapters 10 and 11,
headings 07.01, 07.14, 23.02 through 23.03 or subheading 0710.10 used are
wholly obtained.
Chapter 12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit;
industrial or medicinal plants; straw and fodder
1201.10-1207.91 CTH
1207.99
- Chia seeds Manufacture from non-originating materials of any heading;
- Others CTH
12.08-12.14 CTH
Chapter 13 Lac; gums, resins and other vegetable saps and extracts
1301.20-1302.39 Manufacture from non-originating materials of any heading in which:
- the total weight of non-originating materials of headings 17.01 and 17.02
does not exceed 20 % of the weight of the product.
Chapter 14 Vegetable plaiting materials; vegetable products not elsewhere specified or
included
14.01-14.04 Manufacture from non-originating materials of any heading.
& /en 3
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
SECTION III ANIMAL, VEGETABLE OR MICROBIAL FATS AND OILS AND
THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL
OR VEGETABLE WAXES
Chapter 15 Animal, vegetable or microbial fats and oils and their cleavage products;
prepared edible fats; animal or vegetable waxes
15.01-15.04 CTH
15.05-15.06 Manufacture from non-originating materials of any heading.
15.07-15.08 CTSH
15.09-15.10 Manufacture in which all the vegetable materials used are wholly obtained.
15.11-15.15 CTSH
15.16-15.17 CTH
15.18 CTSH
15.20 Manufacture of non-originating materials of any heading.
15.21-15.22 CTSH
SECTION IV PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR;
TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES;
PRODUCTS, WHETHER OR NOT CONTAINING NICOTINE,
INTENDED FOR INHALATION WITHOUT COMBUSTION; OTHER
NICOTINE CONTAINING PRODUCTS INTENDED FOR THE INTAKE
OF NICOTINE INTO THE HUMAN BODY
Chapter 16 Preparations of meat, of fish, of crustaceans, molluscs or other aquatic
invertebrates, or of insects
16.01-16.05 Production in which all the materials of Chapters 1, 2, 3 and 16 used are
wholly obtained.
& /en 4
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
Chapter 17 Sugars and sugar confectionery
17.01 CTH
17.02 CTH, provided that the total weight of non-originating materials of
headings 11.01 to 11.08, 17.01 and 17.03 used does not exceed 20 % of the
weight of the product.
17.03 CTH
17.04 CTH, provided that the total weight of non-originating materials of
headings 17.01 and 17.02 used does not exceed 40 % of the weight of the
product.
Chapter 18 Cocoa and cocoa preparations
18.01-18.05 CTH
18.06 CTH, provided that the total weight of non-originating materials of
headings 17.01 and 17.02 used does not exceed 40 % of the weight of the
product.
Chapter 19 Preparations of cereals, flour, starch or milk; pastrycooks' products
19.01-19.05 CTH, provided that:
- the weight of non-originating materials of Chapters 2, 3 and 16 used does
not exceed 20 % of the weight of the product;
- the total weight of non-originating materials of headings 10.06 and 11.01
to 11.08 used does not exceed 20 % of the weight of the product;
- the total weight of non-originating materials of headings 17.01 and 17.02
used does not exceed 20 % of the weight of the product; and
- the weight of non-originating materials of Chapter 4 used does not
exceed 20 % of the weight of the product.
& /en 5
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
Chapter 20 Preparations of vegetables, fruit, nuts or other parts of plants
20.01 CTH
20.02-20.03 Manufacture in which all the materials of Chapter 7 used are wholly
obtained.
20.04-20.07 CTH, provided that the total weight of non-originating materials of
headings 17.01 and 17.02 used does not exceed 40 % of the weight of the
product.
2008.11-2008.93 CTH, provided that the total weight of non-originating materials of
headings 17.01 and 17.02 used does not exceed 40 % of the weight of the
product.
2008.97 CTH provided that the total weight of non-originating materials of
headings 17.01 and 17.02 used does not exceed 40 % of the weight of the
product; however non-originating pineapple preparations of sub-
heading 2008.20 may be used.
2008.99-2009.90 CTH, provided that the total weight of non-originating materials of
headings 17.01 and 17.02 used does not exceed 40 % of the weight of the
product.
Chapter 21 Miscellaneous edible preparations
21.01-21.02 CTH, provided that:
- the weight of non-originating materials of Chapter 4 used does not
exceed 20 % of the weight of the product; and
- the total weight of non-originating materials of headings 17.01 and 17.02
used does not exceed 20 % of the weight of the product
2103.10 CTH; however, non-originating mustard flour or meal or prepared mustard
may be used.
2103.20
2103.90
& /en 6
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
2103.30 Manufacture from non-originating materials of any heading.
21.04-21.06 CTH, provided that:
- the weight of non-originating materials of Chapter 4 used does not
exceed 20 % of the weight of the product; and
- the total weight of non-originating materials of headings 17.01 and 17.02
used does not exceed 20 % of the weight of the product.
Chapter 22 Beverages, spirits and vinegar
22.01-22.06 CTH, except that of headings 22.07 and 22.08, provided that:
- all the materials of subheadings 0806.10, 2009.61, 2009.69 used are wholly
obtained;
- the weight of non-originating materials of Chapter 4 used does not
exceed 20 % of the weight of the product; and
- the total weight of non-originating materials of headings 17.01 and 17.02
used does not exceed 20 % of the weight of the product.
22.07 CTH except from headings 22.07 and 22.08, provided that all the materials
of Chapter 10, subheadings 0806.10, 2009.61 and 2009.69 used are wholly
obtained.
22.08-22.09 CTH except from headings 22.07 and 22.08, provided that all the materials
of subheadings 0806.10, 2009.61 and 2009.69 used are wholly obtained.
Chapter 23 Residues and waste from the food industries; prepared animal fodder
23.01 CTH
23.02-2303.10 CTH, provided that the weight of non-originating materials of Chapter 10
used does not exceed 20 % of the weight of the product.
& /en 7
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
2303.20-23.08 CTH
23.09 CTH, provided that:
- all the materials of Chapters 2 and 3 used are wholly obtained;
- the weight of non-originating materials of Chapter 4 used does not
exceed 20 % of the weight of the product;
- the total weight of non-originating materials of Chapters 10 and 11 and
headings 23.02 and 23.03 used does not exceed 20 % of the weight of the
product; and
- the total weight of non-originating materials of headings 17.01 and 17.02
used does not exceed 20 % of the weight of the product.
Chapter 24 Tobacco and manufactured tobacco substitutes; products, whether or not
containing nicotine, intended for inhalation without combustion; other
nicotine containing products intended for the intake of nicotine into the
human body
24.01 Manufacture in which all materials of heading 24.01 are wholly obtained.
2402.10 Manufacture from non-originating materials of any heading, provided that
the weight of non-originating materials of heading 24.01 used does not
exceed 40 % of the weight of materials of Chapter 24 used.
2402.20 Manufacture from non-originating materials of any heading, except that of
the product and of smoking tobacco of subheading 2403.19, and in which at
least 10 % by weight of all materials of heading 24.01 used is wholly
obtained.
& /en 8
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
2402.90 Manufacture from non-originating materials of any heading, provided that
the weight of non-originating materials of heading 24.01 used does not
exceed 40 % of the weight of materials of Chapter 24 used.
2403.11-2404.19 CTH, in which at least 10 % by weight of all materials of heading 24.01
used is wholly obtained.
2404.91-2404.99 CTH
SECTION V MINERAL PRODUCTS
Section note: For definitions of horizontal processing rules within this
Section, see Note 5 of Annex 3-A.
Chapter 25 Salt; sulphur; earths and stone; plastering materials, lime and cement
25.01-25.30 CTH;
or
MaxNOM 70 % (EXW).
Chapter 26 Ores, slag and ash
26.01-26.21 CTH
Chapter 27 Mineral fuels, mineral oils and products of their distillation; bituminous
substances; mineral waxes
27.01-27.09 Manufacture from non-originating materials of any heading.
27.10 CTH except from biodiesel of subheading 3824.99 or 3826.00; or
Distillation or a chemical reaction is undergone, provided that biodiesel
(including hydrotreated vegetable oil) of heading 27.10 and
subheadings 3824.99 and 3826.00 used is obtained by esterification,
transesterification or hydrotreatment.
& /en 9
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
27.11-27.15 Manufacture from non-originating materials of any heading.
SECTION VI PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES
Section note: For definitions of horizontal processing rules within this
Section, see Note 5 of Annex 3-A.
Chapter 28 Inorganic chemicals; organic or inorganic compounds of precious metals, of
rare-earth metals, of radioactive elements or of isotopes
28.01-28.53 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
Chapter 29 Organic chemicals
2901.10-2905.42 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
2905.43-2905.44 CTH except from heading subheading 3824.60;
or
MaxNOM 40 % (EXW).
& /en 10
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
2905.45 CTSH; however, materials of the same sub-heading as the product may be
used, provided that their total value does not exceed 20 % of the ex-works
price of the product;
or
MaxNOM 50 % (EXW).
2905.49-2942 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
Chapter 30 Pharmaceutical products
30.01-30.06 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
Chapter 31 Fertilisers
31.01-31.04 CTH, however, non-originating materials of the same heading as the product
may be used, provided that their total value does not exceed 20 % of the
EXW of the product;
or
MaxNOM 40 % (EXW).
& /en 11
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
31.05
-Sodium nitrate CTH, however, non-originating materials of the same heading as the product
may be used, provided that their total value does not exceed 20 % of the
-Calcium cyanamide
EXW of the product; or
-Potassium sulphate
MaxNOM 40 % (EXW).
-Magnesium
potassium sulphate
-Others CTH, however, non-originating materials of the same heading as the product
may be used, provided that their total value does not exceed 20 % of the
EXW of the product, and in which the value of non-originating materials
used does not exceed 50 % of the EXW of the product;
or
MaxNOM 40 % (EXW).
Chapter 32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and
other colouring matter; paints and varnishes; putty and other mastics; inks
32.01-3215.90 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
& /en 12
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
Chapter 33 Essential oils and resinoids; perfumery, cosmetic or toilet preparations
3301.12-3301.90 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
3302.10 CTH, however, non-originating materials of subheading 3302.10 may be
used, provided that their total value does not exceed 20 % of the EXW of the
product;
or
MaxNOM 50 % (EXW).
3302.90 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
33.03 Manufactures from non-originating materials of any heading.
& /en 13
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
3304-33.07 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
Chapter 34 Soap, organic surface-active agents, washing preparations, lubricating
preparations, artificial waxes, prepared waxes, polishing or scouring
preparations, candles and similar articles, modelling pastes, "dental waxes"
and dental preparations with a basis of plaster
34.01-34.07 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
Chapter 35 Albuminoidal substances; modified starches; glues; enzymes
35.01 CTH
3502.11-3502.19 CTH except from headings 04.07 and 04.08.
3502.20-3504.00 CTH
35.05 CTH except from heading 11.08.
& /en 14
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
35.06-35.07 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
Chapter 36 Explosives; pyrotechnic products; matches; pyrophoric alloys; certain
combustible preparations
36.01-36.06 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
Chapter 37 Photographic or cinematographic goods
37.01-37.07 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
& /en 15
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
Chapter 38 Miscellaneous chemical products
38.01-38.08 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
3809.10 CTH except from headings 11.08 and 35.05.
3809.91-3822.90 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
38.23 Manufacture from non-originating material of any heading;
or
MaxNOM 50 % (EXW).
3824.10-3824.50 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
& /en 16
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Product-specific rule of origin
including specific
description
3824.60 CTH except from subheadings 2905.43 and 2905.44.
3824.81-3825 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
38.26 Manufacture in which biodiesel is obtained through transesterification,
esterification or hydro-treatment.
38.27 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation, or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
SECTION VII PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLES
THEREOF
Section note: For definitions of horizontal processing rules within this
Section, see Note 5 of Annex 3-A.
& /en 17
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including specific
description
Chapter 39 Plastics and articles thereof
39.01-39.15 CTSH;
A chemical reaction, purification, mixing and blending, production of
standard materials, a change in particle size, isomer separation or
biotechnological processing is undergone;
or
MaxNOM 50 % (EXW).
39.16-39.26 CTH; or
MaxNOM 50 % (EXW).
Chapter 40 Rubber and articles thereof
40.01-40.11 CTH; or
MaxNOM 50 % (EXW).
4012.11-4012.19 CTSH; or
Retreading of used tyres.
4012.20-4017.00 CTH; or
MaxNOM 50 % (EXW).
SECTION VIII RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLES
THEREOF; SADDLERY AND HARNESS; TRAVEL GOODS,
HANDBAGS AND SIMILAR CONTAINERS; ARTICLE OF ANIMAL
GUT(OTHER THAN SILK-WORM GUT)
Chapter 41 Raw hides and skins (other than furskins) and leather
& /en 18
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Product-specific rule of origin
including specific
description
41.01-4104.19 CTH
4104.41-4104.49 CTSH except from subheadings 4104.41 to 4104.49.
4105.10 CTH
4105.30 CTSH
4106.21 CTH
4106.22 CTSH
4106.31 CTH
4106.32-4106.40 CTSH
4106.91 CTH
4106.92 CTSH
41.07-41.13 CTH except subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32
and 4106.92. However, non-originating materials of subheadings 4104.41,
4104.49, 4105.30, 4106.22, 4106.32 or 4106.92 may be used provided that
they undergo a retanning operation.
4114.10 CTH
4114.20 CTH except subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32,
4106.92 and 4107. However, non-originating materials of subheadings
4104.41, 4104.49, 4105.30, 4106.22, 4106.32, 4106.92 and 4107 may be
used provided that they undergo a retanning operation.
41.15 CTH
& /en 19
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Product-specific rule of origin
including specific
description
Chapter 42 Articles of leather; saddlery and harness; travel goods, handbags and similar
containers; articles of animal gut (other than silk-worm gut)
42.01-42.06 CTH; or
MaxNOM 50 % (EXW).
Chapter 43 Furskins and artificial fur; manufactures thereof
43.01-4302.20 CTH; or
MaxNOM 50 % (EXW).
4302.30 CTSH
43.03-43.04 CTH; or
MaxNOM 50 % (EXW).
SECTION IX WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL; CORK AND
ARTICLES OF CORK; MANUFACTURES OF STRAW, OF ESPARTO
OR OF OTHER PLAITING MATERIALS; BASKETWARE AND
WICKERWORK
Chapter 44 Wood and articles of wood; wood charcoal
44.01-44.21 CTH; or
MaxNOM 50 % (EXW).
Chapter 45 Cork and articles of cork
45.01-45.04 CTH
Chapter 46 Manufactures of straw, of esparto or of other plaiting materials; basketware
and wickerwork
& /en 20
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classification (2022)
Product-specific rule of origin
including specific
description
46.01-46.02 CTH; or
MaxNOM 50 % (EXW).
SECTION X PULP OF WOOD OR OF OTHER FIBROUS CELLULOSIC MATERIAL;
RECOVERED (WASTE AND SCRAP) PAPER OR PAPERBOARD;
PAPER AND PAPERBOARD AND ARTICLES THEREOF
Chapter 47 Pulp of wood or of other fibrous cellulosic material; recovered (waste and
scrap) paper or paperboard
47.01-47.07 CTH; or
MaxNOM 50 % (EXW).
Chapter 48 Paper and paperboard; articles of paper pulp, of paper or of paperboard
48.01-48.23 CTH; or
MaxNOM 50 % (EXW).
Chapter 49 Printed books, newspapers, pictures and other products of the printing
industry; manuscripts, typescripts and plans
49.01-49.11 CTH; or
MaxNOM 50 % (EXW).
SECTION XI TEXTILES AND TEXTILE ARTICLES
Section note: For definitions of horizontal processing rules within this
Section, see Notes 6,7 and 8 of Annex 3-A.
Chapter 50 Silk
50.01-50.02 CTH
& /en 21
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Product-specific rule of origin
including specific
description
50.03
- Carded or combed: Carding or combing of silk waste.
- Others: CTH
50.04-50.05 Spinning of natural fibres;
Extrusion of man-made continuous filament combined with spinning;
Extrusion of man-made continuous filament combined with twisting; or
Twisting combined with any mechanical operation.
50.06
- Silk yarn and yarn Spinning of natural fibres;
spun from silk Extrusion of man-made continuous filament combined with spinning;
waste:
Extrusion of man-made continuous filament combined with twisting; or
Twisting combined with any mechanical operation.
- Silk-worm gut: CTH
50.07 Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).
& /en 22
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Product-specific rule of origin
including specific
description
Chapter 51 Wool, fine or coarse animal hair; horsehair yarn and woven fabric
51.01-51.05 CTH
51.06-51.10 Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.
51.11-51.13 Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving combined with dyeing;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).
Chapter 52 Cotton
52.01-52.03 CTH
52.04-52.07 Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.
& /en 23
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Product-specific rule of origin
including specific
description
52.08-52.12 Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).
Chapter 53 Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn
53.01-53.05 CTH
53.06-53.08 Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.
53.09-53.11 Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving combined with dyeing or with coating or with laminating:
Yarn dyeing combined with weaving:
Weaving combined with printing; or
Printing (as standalone operation).
& /en 24
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Product-specific rule of origin
including specific
description
Chapter 54 Man-made filaments; strip and the like of man-made textile materials
54.01-54.06 Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.
54.07-54.08 Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Yarn dyeing combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
Twisting or any mechanical operation combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).
Chapter 55 Man-made staple fibres
55.01-55.07 Extrusion of man-made fibres.
55.08-55.11 Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.
& /en 25
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classification (2022)
Product-specific rule of origin
including specific
description
55.12-55.16 Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Twisting or any mechanical operation combined with weaving;
Weaving combined with dyeing or with coating or with laminating;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).
Chapter 56 Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and
cables and articles thereof
56.01 Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning;
Wadding formation;
Flocking combined with dyeing or with printing; or
Bonding, coating, flocking, laminating, or metalizing combined with at least
two other main preparatory or finishing operations (such as calendering,
shrink-resistance processes, heat setting, permanent finishing), provided that
the value of non-originating materials used does not exceed 50 % of the
EXW of the product.
56.02
& /en 26
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classification (2022)
Product-specific rule of origin
including specific
description
- Needleloom Felt: Extrusion of man-made fibres combined with fabric formation; however:
– non-originating polypropylene filament of heading 54.02;
– non-originating polypropylene fibres of heading 55.03 or 55.06; or
– non-originating polypropylene filament tow of heading 55.01;
of which the denomination in all cases of a single filament or fibre is less
than 9 decitex, may be used, provided that their total value does not
exceed 40 % of the EXW of the product; or
Non-woven fabric formation alone in the case of felt made from natural
fibres.
- Others: Extrusion of man-made fibres combined with fabric formation; or
Non-woven fabric formation alone in the case of other felt made from
natural fibres.
5603.11-5603.14 Manufacturefrom
- directionally or randomly oriented filaments; or
- substances or polymers of natural or man-made origin;
followed in both cases by bonding into a nonwoven.
5603.91-5603.94 Manufacture from
- directionally or randomly oriented staple fibres; or
- chopped yarns, of natural or man-made origin;
followed in both cases by bonding into a nonwoven.
5604.10 Manufacture from rubber thread or cord, not textile covered.
& /en 27
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classification (2022)
Product-specific rule of origin
including specific
description
5604.90 Spinning of natural fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.
56.05 Spinning of natural or man-made staple fibres;
Extrusion of man-made fibres combined with spinning; or
Twisting combined with any mechanical operation.
56.06 Extrusion of man-made fibres combined with spinning;
Twisting combined with gimping;
Spinning of natural or man-made staple fibres; or
Flocking combined with dyeing.
56.07-56.09 Spinning of natural fibres; or
Extrusion of man-made fibres combined with spinning.
Chapter 57 Carpets and other textile floor coverings
Chapter note: For products of this Chapter non-originating jute fabric may
be used as a backing.
& /en 28
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classification (2022)
Product-specific rule of origin
including specific
description
57.01-57.05 Spinning of natural or man-made staple fibres combined with weaving or
with tufting;
Extrusion of man-made filament yarn combined with weaving or with
tufting;
Manufacture from coir yarn or sisal yarn or jute yarn or classical ring spun
viscose yarn;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Extrusion of man-made fibres combined with nonwoven techniques
including needle punching; or
Tufting or weaving of man-made filament yarn combined with coating or
with laminating
Chapter 58 Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings;
embroidery
58.01-58.04 Spinning of natural or man-made staple fibres combined with weaving or
with tufting;
Extrusion of man-made filament yarn combined with weaving or with
tufting;
Weaving combined with dyeing or with flocking or with coating or with
laminating or with metalizing;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).
& /en 29
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classification (2022)
Product-specific rule of origin
including specific
description
58.05 CTH
58.06-58.09 Spinning of natural or man-made staple fibres combined with weaving or
with tufting;
Extrusion of man-made filament yarn combined with weaving or with
tufting;
Weaving combined with dyeing or with flocking or with coating or with
laminating or with metalizing;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).
58.10 Embroidering in which the value of non-originating materials of any
heading, except that of the product, used does not exceed 50 % of the EXW
of the product.
58.11 Spinning of natural or man-made staple fibres combined with weaving or
with tufting;
Extrusion of man-made filament yarn combined with weaving or with
tufting;
Weaving combined with dyeing or with flocking or with coating or with
laminating or with metalizing;
Tufting combined with dyeing or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with weaving;
Weaving combined with printing; or
Printing (as standalone operation).
& /en 30
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classification (2022)
Product-specific rule of origin
including specific
description
Chapter 59 Impregnated, coated, covered or laminated textile fabrics; textile articles of a
kind suitable for industrial use
59.01 Weaving combined with dyeing or with flocking or with coating or with
laminating or with metalising; or
Flocking combined with dyeing or with printing.
59.02
- Containing not Weaving.
more than 90 % by
weight of textile
materials:
- Others: Extrusion of man-made fibres combined with weaving.
59.03 Weaving combined with impregnating or with coating or with covering or
with laminating or with metalising;
Weaving combined with printing; or
Printing (as standalone operation).
59.04 Calendaring combined with dyeing, coating, laminating or metalizing.
Non-originating jute fabric may be used as a backing.
or
Weaving combined with dyeing or with coating or with laminating or with
metalising. Non-originating jute fabric may be used as a backing.
& /en 31
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classification (2022)
Product-specific rule of origin
including specific
description
59.05
- Impregnated, Weaving, knitting or non-woven fabric formation combined with
coated, covered or impregnating or with coating or with covering or with laminating or with
laminated with metalising.
rubber, plastics or
other materials:
- Others: Spinning of natural or man-made staple fibres combined with weaving;
Extrusion of man-made filament yarn combined with weaving;
Weaving, knitting or nonwoven fabric formation combined with dyeing or
with coating or with laminating;
Weaving combined with printing; or
Printing (as standalone operation).
59.06
- Knitted or Spinning of natural or man-made staple fibres combined with knitting or
crocheted fabrics: with crocheting;
Extrusion of man-made filament yarn combined with knitting or with
crocheting;
Knitting or crocheting combined with rubberising; or
Rubberising combined with at least two other main preparatory or finishing
operations (such as calendering, shrink-resistance processes, heat setting,
permanent finishing) provided that the value of non-originating materials
used does not exceed 50 % of the EXW of the product.
& /en 32
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classification (2022)
Product-specific rule of origin
including specific
description
- Other fabrics made Extrusion of man-made fibres combined with weaving.
of synthetic filament
yarn, containing
more than 90 % by
weight of textile
materials:
- Others: Weaving, knitting or nonwoven process combined with dyeing or with
coating or with rubberising;
Yarn dyeing combined with weaving, knitting or nonwoven process; or
Rubberising combined with at least two other main preparatory or finishing
operations (such as calendering, shrink-resistance processes, heat setting,
permanent finishing) provided that the value of non-originating materials
used does not exceed 50 % of the EXW of the product.
59.07 Weaving, knitting or nonwoven fabric formation combined with dyeing or
with printing or with coating or with impregnating or with covering;
Flocking combined with dyeing or with printing; or
Printing (as standalone operation).
59.08
- Incandescent gas Manufacture from tubular knitted or crocheted gas-mantle fabric.
mantles,
impregnated:
- Others: CTH
& /en 33
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classification (2022)
Product-specific rule of origin
including specific
description
59.09-59.11 Spinning of natural or of man-made staple fibres combined with weaving;
Extrusion of man-made fibres combined with weaving;
Weaving combined with dyeing or with coating or with laminating; or
Coating, flocking, laminating or metalizing combined with at least two other
main preparatory or finishing operations (such as calendering,
shrink-resistance processes, heat setting, permanent finishing) provided that
the value of non-originating materials used does not exceed 50 % of the
EXW of the product.
Chapter 60 Knitted or crocheted fabrics
60.01-60.06 Spinning of natural or man-made staple fibres combined with knitting or
with crocheting;
Extrusion of man-made filament yarn combined with knitting or with
crocheting;
Knitting or crocheting combined with dyeing or with flocking or with
coating or with laminating or with printing;
Flocking combined with dyeing or with printing;
Yarn dyeing combined with knitting or with crocheting; or
Twisting or texturing combined with knitting or with crocheting provided
that the value of non-originating non-twisted or non-textured yarns used
does not exceed 50 % of the EXW of the product.
& /en 34
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classification (2022)
Product-specific rule of origin
including specific
description
Chapter 61 Articles of apparel and clothing accessories, knitted or crocheted
61.01-61.17
- Obtained by Knitting or crocheting combined with making-up including cutting of fabric.
sewing together or
otherwise
assembling, two or
more pieces of
knitted or crocheted
fabric which have
been either cut to
form or obtained
directly to form:
- Others: Spinning of natural or man-made staple fibres combined with knitting or
with crocheting;
Extrusion of man-made filament yarn combined with knitting or with
crocheting; or
Knitting and making-up in one operation.
Chapter 62 Articles of apparel and clothing accessories, not knitted or crocheted
62.01 Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
& /en 35
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classification (2022)
Product-specific rule of origin
including specific
description
62.02
- Embroidered: Weaving combined with making-up including cutting of fabric; or
Manufacture from unembroidered fabric, provided that the value of
non-originating unembroidered fabric used does not exceed 40 % of the
EXW of the product.
- Others: Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.03 Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.04
- Embroidered: Weaving combined with making-up including cutting of fabric; or
Manufacture from unembroidered fabric, provided that the value of
non-originating unembroidered fabric used does not exceed 40 % of the
EXW of the product.
- Others: Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.05 Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
& /en 36
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classification (2022)
Product-specific rule of origin
including specific
description
62.06
- Embroidered: Weaving combined with making-up including cutting of fabric; or
Manufacture from unembroidered fabric, provided that the value of
non-originating unembroidered fabric used does not exceed 40 % of the
EXW of the product.
- Others: Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.07-62.08 Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.09
- Embroidered: Weaving combined with making-up including cutting of fabric; or
Manufacture from unembroidered fabric, provided that the value of
non-originating unembroidered fabric used does not exceed 40 % of the
EXW of the product.
- Others: Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.10
& /en 37
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classification (2022)
Product-specific rule of origin
including specific
description
- Fire-resistant Weaving combined with making-up including cutting of fabric; or
equipment of fabric Coating or laminating combined with making-up including cutting of fabric,
covered with foil of provided that the value of non-originating uncoated or unlaminated fabric
aluminised used does not exceed 40 % of the EXW of the product.
polyester:
- Others: Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.11
- Women's, or girls' Weaving combined with making-up including cutting of fabric; or
garments, Manufacture from unembroidered fabric, provided that the value of
embroidered: non-originating unembroidered fabric used does not exceed 40 % of the
EXW of the product.
- Others: Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.12
- Knitted or Knitting combined with making-up including cutting of fabric; or
crocheted obtained Making-up including cutting of fabric preceded by printing (as standalone
by sewing together operation).
or otherwise
assembling, two or
more pieces of
knitted or crocheted
fabric which have
been either cut to
form or obtained
directly to form:
& /en 38
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
- Others: Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.13-62.14
- Embroidered: Weaving combined with making-up including cutting of fabric;
Manufacture from unembroidered fabric, provided that the value of
non-originating unembroidered fabric used does not exceed 40 % of the
EXW of the product; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
- Others: Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.15 Weaving combined with making-up including cutting of fabric; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.16
- Fire-resistant Weaving combined with making-up including cutting of fabric; or
equipment of fabric Coating or laminating combined with making-up including cutting of fabric,
covered with foil of provided that the value of non-originating uncoated or unlaminated fabric
aluminised used does not exceed 40 % of the EXW of the product.
polyester:
& /en 39
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
- Others: Weaving combined with making-up including cutting of fabric: or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
62.17
- Embroidered: Weaving combined with making-up including cutting of fabric;
Manufacture from unembroidered fabric, provided that the value of
non-originating unembroidered fabric used does not exceed 40 % of the
EXW of the product; or
Making-up including cutting of fabric preceded by printing (as standalone
operation).
- Fire-resistant Weaving combined with making-up including cutting of fabric; or
equipment of fabric Coating or laminating combined with making-up including cutting of fabric,
covered with foil of provided that the value of non-originating uncoated or unlaminated fabric
aluminised
used does not exceed 40 % of the EXW of the product.
polyester:
- Interlinings for CTH, provided that the value of all the non-originating materials used does
collars and cuffs, cut not exceed 40 % of the EXW of the product.
out:
- Others: Weaving combined with making-up including cutting of fabric.
Chapter 63 Other made up textile articles; sets; worn clothing and worn textile articles;
rags
63.01-63.04
& /en 40
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
- Of felt, of Nonwoven Fabric formation combined with making-up including cutting of
nonwovens: fabric.
- Others:
-- Embroidered: Weaving or knitting or crocheting combined with making-up including
cutting of fabric; or
Manufacture from unembroidered fabric (other than knitted or crocheted),
provided that the value of non-originating unembroidered fabric used does
not exceed 40 % of the EXW of the product.
-- Others: Weaving, knitting or crocheting combined with making-up including cutting
of fabric.
63.05 Extrusion of man-made fibres or spinning of natural or man-made staple
fibres, combined with weaving or with knitting and making-up including
cutting of fabric.
63.06
- Of nonwovens: Nonwoven fabric formation combined with making-up including cutting of
fabric.
- Others: Weaving combined with making-up including cutting of fabric.
63.07 MaxNOM 40 % (EXW).
63.08 Each item in the set must satisfy the rule which would apply to it if it were
not included in the set; however, non-originating articles may be
incorporated, provided that their total value does not exceed 15 % of the
EXW of the set.
63.09-63.10 CTH
& /en 41
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Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
SECTION XII FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS,
WALKING-STICKS, SEAT-STICKS, WHIPS, RIDING-CROPS AND
PARTS THEREOF; PREPARED FEATHERS AND ARTICLES MADE
THEREWITH; ARTIFICIAL FLOWERS; ARTICLE OF HUMAN HAIR
Chapter 64 Footwear, gaiters and the like; parts of such articles
64.01-64.05 Manufacture from non-originating materials of any heading, except from
assemblies of uppers affixed to inner soles or to other sole components of
heading 64.06.
64.06 CTH
Chapter 65 Headgear and Parts Thereof
65.01-65.07 CTH
Chapter 66 Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops
and parts thereof
66.01-66.03 CTH; or
MaxNOM 50 % (EXW).
Chapter 67 Prepared feathers and down and articles made of feathers or of down;
artificial flowers; articles of human hair
67.01-67.04 CTH
SECTION XIII ARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR
SIMILAR MATERIALS; CERAMIC PRODUCTS; GLASS AND
GLASSWARE
Chapter 68 Articles of stone, plaster, cement, asbestos, mica or similar materials
& /en 42
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
68.01-68.15 CTH; or
MaxNOM 70 % (EXW).
Chapter 69 Ceramic products
69.01-69.14 CTH
Chapter 70 Glass and glassware
70.01-70.09 CTH; or
MaxNOM 50 % (EXW).
70.10 CTH
70.11 CTH; or
MaxNOM 50 % (EXW).
70.13 CTH except from heading 70.10
70.14-70.20 CTH; or
MaxNOM 50 % (EXW).
SECTION XIV NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI-PRECIOUS
STONES, PRECIOUS METALS, METALS CLAD WITH PRECIOUS
METAL, AND ARTICLES THEREOF; IMITATION JEWELLERY; COIN
Chapter 71 Natural or cultured pearls, precious or semi-precious stones, precious metals,
metals clad with precious metal, and articles thereof; imitation jewellery;
coin
71.01-71.05 Manufacture from non-originating materials of any heading.
& /en 43
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
71.06
- Unwrought: CTH except from headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of non-originating precious
metals of headings 71.06, 71.08 and 71.10; or
Fusion or alloying of non-originating precious metals of headings 71.06,
71.08 and 71.10 with each other or with base metals or purification.
- Semi- Manufacture from non-originating unwrought precious metals.
manufactured or in
powder form:
71.07 Manufacture from non-originating materials of any heading.
71.08
- Unwrought: CTH except from headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of non-originating precious
metals of headings 71.06, 71.08 and 71.10; or
Fusion or alloying of non-originating precious metals of headings 71.06,
71.08 and 71.10 with each other or with base metals or purification.
- Semi- Manufacture from non-originating unwrought precious metals
manufactured or in
powder form:
71.09 Manufacture from non-originating materials of any heading.
& /en 44
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
71.10
- Unwrought: CTH except from headings 71.06, 71.08 and 71.10;
Electrolytic, thermal or chemical separation of non-originating precious
metals of headings 71.06, 71.08 and 71.10; or
Fusion or alloying of non-originating precious metals of headings 71.06,
71.08 and 71.10 with each other or with base metals or purification.
- Semi-manufactured Manufacture from non-originating unwrought precious metals.
or in powder form:
71.11 Manufacture from non-originating materials of any heading.
71.12-71.18 CTH
SECTION XV BASE METALS AND ARTICLES OF BASE METAL
Chapter 72 Iron and Steel
72.01-72.06 CTH
72.07 CTH except from heading 72.06.
72.08-72.17 CTH except from headings 72.08 to 72.17.
72.18 CTH
72.19-72.23 CTH except from headings 72.19 to 72.23.
72.24 CTH
72.25-72.29 CTH except from headings 72.25 to 72.29.
& /en 45
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
Chapter 73 Articles of iron or steel
7301.10 CC except from headings 72.08 to 72.17.
7301.20 CTH
73.02 CC except from headings 72.08 to 72.17.
73.03 CTH
73.04-73.06 Manufacture from non-originating materials of heading 72.06, 72.07, 72.08,
72.09, 72.10, 72.11, 72.12, 72.18, 72.19, 72.20 or 72.24.
73.07
- Tube or pipe CTH except from forged blanks; however, non-originating forged blanks
fittings of stainless may be used provided that their value does not exceed 50 % of the EXW of
steel: the product.
- Others: CTH
73.08 CTH except from subheading 7301.20.
7309.00-7315.19 CTH
7315.20 CTH; or
MaxNOM 50 % (EXW).
7315.81-7326.90 CTH
Chapter 74 Copper and articles thereof
74.01-74.02 CTH
& /en 46
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
74.03 Manufacture from non-originating materials of any heading.
74.04-74.07 CTH
74.08 CTH and MaxNOM 50 % (EXW)
74.09-74.19 CTH
Chapter 75 Nickel and articles thereof
75.01 CTH
75.02 Manufacture from non-originating materials of any heading.
75.03-75.08 CTH
Chapter 76 Aluminium and articles thereof
76.01 CTH and MaxNOM 50 % (EXW);
or
Manufacture by thermal or electrolytic treatment from unalloyed aluminium
or waste and scrap of aluminium.
76.02-76.03 CTH
7604.10-7607.19 CTH and MaxNOM 50 % (EXW).
7607.20 MaxNOM 50 % (EXW).
7608.10-7616.99 CTH and MaxNOM 50 % (EXW).
Chapter 78 Lead and articles thereof
7801.10 Manufacture from non-originating materials of any heading.
7801.91-7806.00 CTH
& /en 47
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
Chapter 79 Zinc and articles thereof
79.01-79.07 CTH
Chapter 80 Tin and articles thereof
80.01-80.07 CTH
Chapter 81 Other base metals; cermets; articles thereof
81.01-81.13 Manufacture from non-originating materials of any heading.
Chapter 82 Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of
base metal
8201.10-8205.70 CTH; or
MaxNOM 50 % (EXW).
8205.90 CTH; however, non-originating tools of heading 82.05 may be incorporated
into the set, provided that their total value does not exceed 15 % of the EXW
of the set.
82.06 CTH except from headings 82.02 to 82.05; however, non-originating tools
of headings 82.02 to 82.05 may be incorporated into the set, provided that
their total value does not exceed 15 % of the EXW of the set.
82.07-82.15 CTH; or
MaxNOM 50 % (EXW).
Chapter 83 Miscellaneous articles of base metal
83.01-83.11 CTH; or
MaxNOM 50 % (EXW).
& /en 48
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Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
SECTION XVI MACHINERY AND MECHANICAL APPLIANCES; ELECTRICAL
EQUIPMENT; PARTS THEREOF; SOUND RECORDERS AND
REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS
AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH
ARTICLES
Chapter 84 Nuclear reactors, boilers, machinery and mechanical appliances; parts
thereof
84.01-84.06 CTH; or
MaxNOM 50 % (EXW).
84.07-84.08 MaxNOM 50 % (EXW).
84.09-84.24 CTH; or
MaxNOM 50 % (EXW).
84.25-84.30 CTH except from heading 84.31; or
MaxNOM 50 % (EXW).
84.31-84.43 CTH; or
MaxNOM 50 % (EXW).
84.44-84.47 CTH except from heading 84.48; or
MaxNOM 50 % (EXW).
84.48-84.55 CTH; or
MaxNOM 50 % (EXW).
& /en 49
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
84.56-84.65 CTH except from heading 84.66; or
MaxNOM 50 % (EXW).
84.66-84.68 CTH; or
MaxNOM 50 % (EXW).
84.70-84.72 CTH except from heading 84.73; or
MaxNOM 50 % (EXW).
84.73-84.87 CTH; or
MaxNOM 50 % (EXW).
Chapter 85 Electrical machinery and equipment and parts thereof; sound recorders and
reproducers, television image and sound recorders and reproducers, and
parts and accessories of such articles
85.01-85.02 CTH except from heading 85.03; or
MaxNOM 50 % (EXW).
85.03-85.18 CTH; or
MaxNOM 50 % (EXW).
85.19-85.21 CTH except from heading 85.22; or
MaxNOM 50 % (EXW).
85.22-85.24 CTH; or
MaxNOM 50 % (EXW).
85.25-85.28 CTH except from heading 85.29; or
MaxNOM 50 % (EXW).
& /en 50
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
85.29-85.34 CTH; or
MaxNOM 50 % (EXW).
85.35-85.37 CTH except from heading 85.38; or
MaxNOM 50 % (EXW).
85.38-85.43 CTH; or
MaxNOM 50 % (EXW).
85.44-85.49 MaxNOM 50 % (EXW).
SECTION XVII VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED TRANSPORT
EQUIPMENT
Chapter 86 Railway or tramway locomotives, rolling-stock and parts thereof; railway or
tramway track fixtures and fittings and parts thereof; mechanical (including
electro-mechanical) traffic signalling equipment of all kinds
86.01-86.09 CTH except from heading 86.07; or
MaxNOM 50 % (EXW).
Chapter 87 Vehicles other than railway or tramway rolling-stock, and parts and
accessories thereof
87.01-87.07 MaxNOM 45 % (EXW).
87.08-87.11 CTH; or
MaxNOM 50 % (EXW).
87.12 MaxNOM 45 % (EXW).
87.13-87.16 CTH; or
MaxNOM 50 % (EXW).
& /en 51
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
Chapter 88 Aircraft, spacecraft, and parts thereof
88.01-88.07 CTH; or
MaxNOM 50 % (EXW).
Chapter 89 Ships, boats and floating structures
89.01-89.08 CC; or
MaxNOM 40 % (EXW).
SECTION XVIII OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING,
CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS
AND APPARATUS; CLOCKS AND WATCHES; MUSICAL
INSTRUMENTS;
Chapter 90 Optical, photographic, cinematographic, measuring, checking, precision,
medical or surgical instruments and apparatus; parts and accessories thereof
9001.10-9001.40 CTH; or
MaxNOM 50 % (EXW).
9001.50 CTH; or
Manufacture in which one of the following operations is made:
- surfacing of the semi-finished lens into a finished ophthalmic lens with
optical corrective power meant to be mounted on a pair of spectacles; or
- coating of the lens through appropriated treatments to improve vision and
ensure protection of the wearer; or
MaxNOM 50 % (EXW).
9001.90-9033.00 CTH; or
MaxNOM 50 % (EXW).
& /en 52
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
Chapter 91 Clocks and watches and parts thereof
91.01-91.14 CTH; or
MaxNOM 50 % (EXW).
Chapter 92 Musical instruments; parts and accessories of such articles
92.01-92.09 MaxNOM 50 % (EXW).
SECTION XIX ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF
Chapter 93 Arms and ammunition; parts and accessories thereof
93.01-93.07 MaxNOM 50 % (EXW).
SECTION XX MISCELLANEOUS MANUFACTURED ARTICLES
Chapter 94 Furniture; bedding, mattresses, mattress supports, cushions and similar
stuffed furnishings; lamps and lighting fittings, not elsewhere specified or
included; illuminated signs, illuminated name-plates and the like;
prefabricated buildings
94.01-94.06 CTH; or
MaxNOM 50 % (EXW).
Chapter 95 Toys, games and sports requisites; parts and accessories thereof
95.03-95.08 CTH; or
MaxNOM 50 % (EXW).
Chapter 96 Miscellaneous manufactured articles
96.01-96.04 CTH; or
MaxNOM 50 % (EXW).
& /en 53
Column 1
Harmonized System Column 2
classification (2022)
Product-specific rule of origin
including specific
description
96.05 Each item in the set must satisfy the rule which would apply to it if it were
not included in the set. However, non-originating articles may be
incorporated, provided that their total value does not exceed 15 % of the
EXW of the set.
96.06-9608.40 CTH; or
MaxNOM 50 % (EXW).
9608.50 Each item in the set must satisfy the rule which would apply to it if it were
not included in the set. However, non-originating articles may be
incorporated, provided that their total value does not exceed 15 % of the
EXW of the set.
9608.60-96.20 CTH; or
MaxNOM 50 % (EXW).
SECTION XXI WORKS OF ART, COLLECTORS' PIECES AND ANTIQUES
Chapter 97 Works of Art, Collectors' Pieces and Antiques
97.01-97.06 CTH
________________
& /en 54
ANNEX 3-C
STATEMENT ON ORIGIN
The statement on origin, the text of which is set out below, shall be drawn up in accordance with the
respective footnotes. The footnotes do not have to be reproduced.
Bulgarian version
(Period: from___________ to __________(1))
Износителят на продуктите, обхванати от този документ (износител №…(2)) декларира, че
освен където ясно е отбелязано друго, тези продукти са с …(3) преференциален произход.
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 1
Croatian version
(Period: from___________ to __________(1))
Izvoznik proizvoda obuhvaćenih ovom ispravom (referentni broj izvoznika: ...............(2)) izjavljuje
da su, osim ako je drukčije izričito navedeno, ovi proizvodi ...........................................(3)
preferencijalnog podrijetla.
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
Czech version
(Period: from___________ to __________(1))
Vývozce výrobků uvedených v tomto dokumentu (referenční číslo vývozce ...(2)) prohlašuje, že
kromě zřetelně označených, mají tyto výrobky preferenční původ v ...(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 2
Danish version
(Period: from___________ to __________(1))
Eksportøren af varer, der er omfattet af nærværende dokument, (eksportørreferencenr. …(2))
erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ...(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
Dutch version
(Period: from___________ to __________(1))
De exporteur van de goederen waarop dit document van toepassing is (referentienr. exporteur …(2))
verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van
preferentiële ... oorsprong zijn(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 3
English version
(Period: from___________ to __________(1))
The exporter of the products covered by this document (Exporter reference No ...(2)) declares that,
except where otherwise clearly indicated, these products are of ... preferential origin(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
Estonian version
(Period: from___________ to __________(1))
Käesoleva dokumendiga hõlmatud toodete eksportija (eksportija viitenumber ...(2)) deklareerib, et
need tooted on ...(3) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 4
Finnish version
(Period: from___________ to __________(1))
Tässä asiakirjassa mainittujen tuotteiden viejä (viejän viitenumero ...(2)) ilmoittaa, että nämä tuotteet
ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja ... alkuperätuotteita(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
French version
(Period: from___________ to __________(1))
L'exportateur des produits couverts par le présent document (nº de référence exportateur …(2))
déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle …(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 5
German version
(Period: from___________ to __________(1))
Der Ausführer (Referenznummer des Ausführers . …(2)) der Waren, auf die sich dieses
Handelspapier bezieht, erklärt, dass diese Waren, soweit nichts anderes angegeben,
präferenzbegünstigte Ursprungswaren ...(3) sind.
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
Greek version
(Period: from___________ to __________(1))
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (αριθ. αναφοράς
εξαγωγέα. ...(2)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι
προτιμησιακής καταγωγής ...(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 6
Hungarian version
(Period: from___________ to __________(1))
A jelen okmányban szereplő áruk exportőre (az exportőr azonosító száma …(2)) kijelentem, hogy
eltérő jelzs hiányában az áruk kedvezményes … származásúak(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
Irish version
(Period: from___________ to __________(1))
The exporter of the products covered by this document (Exporter reference No ...(2)) declares that,
except where otherwise clearly indicated, these products are of ... preferential origin(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 7
Italian version
(Period: from___________ to __________(1))
L'esportatore delle merci contemplate nel presente documento (numero di riferimento
dell'esportatore …(2)) dichiara che, salvo indicazione contraria, le merci sono di origine
preferenziale ...(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
Latvian version
(Period: from___________ to __________(1))
Eksportētājs produktiem, kuri ietverti šajā dokumentā (eksportētāja atsauces numurs …(2)), deklarē,
ka, iznemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no …(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 8
Lithuanian version
(Period: from___________ to __________(1))
Šiame dokumente išvardintų prekių eksportuotojas (Eksportuotojo registracijos Nr …(2)) deklaruoja,
kad, jeigu kitaip nenurodyta, tai yra …(3) preferencinės kilmės prekės.
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
Maltese version
(Period: from___________ to __________(1))
L-esportatur tal-prodotti koperti b’dan id-dokument (Numru ta’ Referenza tal-Esportatur …(2))
jiddikjara li, hlief fejn indikat b’mod car li mhux hekk, dawn il-prodotti huma ta’ origini
preferenzjali …(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 9
Polish version
(Period: from___________ to __________(1))
Eksporter produktów objętych tym dokumentem (nr referencyjny eksportera …(2)) deklaruje, że z
wyjątkiem gdzie jest to wyraźnie określone, produkty te mają …(3) preferencyjne pochodzenie.
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
Portuguese version
(Period: from___________ to __________(1))
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (referência do
exportador n.º ...(2)) declara que, salvo expressamente indicado em contrário, estes produtos são de
origem preferencial ...(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 10
Romanian version
(Period: from___________ to __________(1))
Exportatorul produselor ce fac obiectul acestui document (numărul de referință al
exportatorului …(2)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste
produse sunt de origine preferenţială …(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
Slovak version
(Period: from___________ to __________(1))
Vývozca výrobkov uvedených v tomto dokumente (referenčné číslo vývozcu …(2)) vyhlasuje, že
okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v …(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
& /en 11
Slovenian version
(Period: from___________ to __________(1))
Izvoznik blaga, zajetega s tem dokumentom, (referenčna št. izvoznika ...(2)) izjavlja, da, razen če ni
drugače jasno navedeno, ima to blago preferencialn ...(3) poreklo.
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
Spanish version
(Período: de___________ a __________(1))
El exportador de los productos incluidos en el presente documento (número de referencia del
exportador ...(2)) declara que, salvo clara indicación en sentido contrario, estos productos gozan de
un origen preferencial ...(3).
.........................................................................................................................................................
(Lugar y fecha(4))
.........................................................................................................................................................
(Nombre y firma del exportador(5))
& /en 12
Swedish version
(Period: from___________ to __________(1))
Exportören av de varor som omfattas av detta dokument (exportörens referensnummer . ...(2))
försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ursprung i …(3).
……………………………………………………………..............................................................
(Place and date(4))
……………………………………………………………..............................................................
(Name and signature of the exporter(5))
________________
(1)
If the statement on origin is completed for multiple shipments of identical originating
products within the meaning of subparagraph (b) of Article 3.17(5) of this Agreement,
indicate the period for which the statement on origin is to apply. That period shall not
exceed 12 months. All importations of the product must occur within the period indicated. If a
period is not applicable, the field may be left blank.
(2)
Indicate the reference number by which the exporter is identified. For the European Union
exporter, this will be the number assigned in accordance with the laws and regulations of the
European Union. For the Chilean exporter, this will be the number assigned in accordance
with the laws and regulations applicable within Chile. Where the exporter has not been
assigned a number, this field may be left blank.
(3)
Indicate the origin of the product: Chile or the European Union (EU). If the statement on
origin relates, in whole or in part, to products originating in Ceuta and Melilla within the
meaning of Article 3.29 of this agreement, the exporter must clearly indicate them in the
document on which the declaration is made out by means of the symbol "CM".
(4)
Place and date may be omitted if the information is contained on the document itself.
(5)
In cases where the exporter is not required to sign, the exemption of signature also implies the
exemption of the name of the signatory.
________________
& /en 13
ANNEX 3-D
JOINT DECLARATIONS
JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA
1. Chile shall accept products originating in the Principality of Andorra falling within
Chapters 25 to 97 of the Harmonized System as originating in the European Union within the
meaning of this Agreement.
2. Paragraph 1 applies provided that, by virtue of the customs union established by the
Agreement in the form of an exchange of letters between the European Economic Community and
the Principality of Andorra, done at Luxembourg on 28 June 1990, the Principality of Andorra
applies to products originating in Chile the same preferential tariff treatment as the European Union
applies to such products.
3. Chapter 3 shall apply mutatis mutandis for the purposes of defining the originating status of
products referred to in paragraph 1 of this Joint Declaration.
& /en 1
JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO
1. Chile shall accept products originating in the Republic of San Marino as originating in the
European Union within the meaning of this Agreement.
2. Paragraph 1 applies provided that, by virtue of the Agreement on Cooperation and Customs
Union between the European Community and its Member States, of the one part, and the Republic
of San Marino, of the other part, done at Brussels on 16 December 1991, the Republic of San
Marino applies to products originating in Chile the same preferential tariff treatment as the
European Union applies to such products.
3. Chapter 3 shall apply mutatis mutandis for the purposes of defining the originating status of
products referred to in paragraph 1 of this Joint Declaration.
________________
& /en 2
ANNEX 3-E
EXPLANATORY NOTES
1. When applying Article 3.17 the Parties shall comply with the following guidelines:
(a) when an invoice or other commercial document includes originating and non-originating
products, the products should be identified as such in these documents, and non-originating
products shall be clearly identified separately. There is no set way to identify separately the
non-originating products. However, it could be done by:
(i) indicating in brackets behind every item of goods on the commercial document whether
the products are originating or not;
(ii) using two headings on the invoice, namely originating products and non–originating
products and listing the products under the corresponding heading; or
(iii) attributing a number to each of the products and indicate which of the numbers relate to
originating products and which relate to non–originating products;
(b) a statement on origin made out on the back of the invoice or any other commercial document
is acceptable;
& /en 1
(c) a statement on origin can be made out by typing, printing, handwriting or stamping the text on
the invoice or other commercial document, including a photocopy of the document; the
document should show the name and full address of the exporter and consignee, as well as a
detailed description of the products, to enable their identification, and the date on which the
statement on origin was made out, if different to the date of the invoice or other commercial
document; the tariff classification should preferably be indicated at least at a heading level
(four-digit code) under the Harmonized System on the invoice or other commercial document;
as appropriate, the gross mass (kg) or other unit of measurement, such as liters or m3, of all
the originating products should also be indicated;
(d) a statement on origin can be made out on a separate sheet of paper, with or without a
letterhead; if it is made out on a separate sheet of paper, that sheet shall be made part of the
invoice or other commercial document by including a reference to that sheet in the invoice or
other commercial document;
(e) if the invoice or other commercial document contains several pages, each page should be
numbered and the total number of pages should be mentioned; a separate sheet with the
statement of origin can make reference to that invoice or other commercial document;
(f) the statement on origin may be made out on a label that is permanently affixed to an invoice
or other commercial document provided that there is no doubt that the label has been affixed
by the exporter;
& /en 2
(g) For greater certainty, while the statement on origin shall be made out by the exporter, and the
exporter shall bear the responsibility to provide sufficient detail to identify the originating
product, there is no condition regarding the identity or the place of establishment of the
person completing the invoice or other commercial document, provided that that document
allows to clearly identify the exporter;
(h) If it is not possible for the exporter to make out the statement on origin on the invoice or other
commercial document, an invoice or other commercial document of a third country may be
used, for example where a consignment of originating products is split in a third country
under the conditions of Article 3.14;
(i) other commercial documents can be, for example, an accompanying delivery note, a
pro-forma invoice or a packing list.
2. When applying Article 3.18, the Parties shall not reject a claim for preferential tariff treatment
on the basis of discrepancies between the statement on origin and the documents submitted to the
customs office, or minor errors in the statement on origin, which do not raise doubts concerning the
accuracy of the information contained in the import documentation and which do not affect the
originating status of the products; such discrepancies or minor errors may include:
(a) typing errors in the description of the product, the exporter's or consignee's name or address,
or the commercial document number;
& /en 3
(b) errors in additional information regarding the exporter or consignee, such as the phone
number, postal code or email address;
(c) an incorrect reference to the tariff classification, unless it affects the originating status or
preferential tariff treatment of the product.
3. However, a claim for preferential tariff treatment may be rejected on the basis of the
following errors in the statement on origin:
(a) an incorrect exporter reference number; and
(b) an inaccurate description of the product or tariff classification that affects its originating status
or preferential tariff treatment.
________________
& /en 4
ANNEX 6-A
COMPETENT AUTHORITIES
1. For the European Union, with respect to its competent authorities, control in the area of
sanitary and phytosanitary matters is shared between the relevant authorities of the Member States
and the European Commission. In this respect the following applies:
(a) as regards exports to Chile, the relevant authorities of the Member States are responsible for
control of the circumstances and requirements of production, including statutory inspections,
and for the issuance of health certificates, including animal welfare, attesting the agreed
standards and requirements;
(b) as regards imports from Chile, the relevant authorities of the Member States are responsible
for control of the compliance of imports with the import conditions of the European Union;
and
(c) the European Commission is responsible for the overall coordination, inspection, audits of
inspection systems and the legislative actions necessary to ensure uniform application of
standards and requirements within the internal European Union market.
& /en 1
2. For Chile, the Ministry of Agriculture, through the Servicio Agrícola y Ganadero, is the
competent authority for the administration of all requirements, related to:
(a) sanitary and phytosanitary measures applied to the import and export of terrestrial animals,
terrestrial animal products, plants, plant products and other products covered by sanitary and
phytosanitary measures;
(b) sanitary and phytosanitary measures adopted to reduce the risk of terrestrial animal diseases
and plant pests entering Chile and to control their eradication or spread; and
(c) the issuing of sanitary and phytosanitary export certificates for terrestrial animal and plant
products.
3. The Ministry of Health of Chile is the competent authority for food safety control of all foods,
whether domestically produced or imported, intended to human consumption, as well as for the
food safety certification of elaborated nutritious products for export, except for aquatic products.
4. The Servicio Nacional de Pesca y Acuicultura of the Ministry of Economy of Chile is the
competent authority for the control of food safety of aquatic products for export and for the issuance
of the corresponding official certificates. It is also responsible for the protection of the health of
aquatic animals, the sanitary certification of aquatic animals for export, and the control of imports
of aquatic animals, bait and food used in aquaculture.
________________
& /en 2
ANNEX 6-B
LIST OF ANIMAL DISEASES AND PESTS, SUBJECT TO NOTIFICATION,
FOR WHICH REGIONAL FREEDOM MAY BE RECOGNISED
& /en 1
Appendix 6-B-1
TERRESTRIAL AND AQUATIC ANIMAL DISEASES SUBJECT TO NOTIFICATION,
FOR WHICH THE STATUS OF A PARTY IS RECOGNISED
AND FOR WHICH REGIONALISATION DECISIONS MAY BE TAKEN
All the animal diseases listed in the most recent version of the World Organisation for Animal
Health ("WOAH") list, included in the International Animal Health Code for terrestrial and aquatic
animals.
& /en 2
Appendix 6-B-2
PESTS SUBJECT TO NOTIFICATION,
FOR WHICH THE STATUS OF A PARTY IS RECOGNISED
AND FOR WHICH REGIONALISATION DECISIONS MAY BE TAKEN
1. For the European Union:
(a) pests not known to occur in any part of the European Union and relevant for the entire
European Union, or for part of it, as listed in Part A of Annex II to Commission Implementing
Regulation (EU) 2019/2072;1
(b) pests known to occur in the European Union and relevant for the entire European Union, as
listed in Part B of Annex II to Commission Implementing Regulation (EU) 2019/2072; and
(c) pests known to occur in the European Union and for which pest free areas or protected zones
are established, as listed in Annex III to Commission Implementing Regulation
(EU) 2019/2072.
1 Commission Implementing Regulation (EU) 2019/2072 of 28 November 019 establishing
uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European
Parliament and the Council, as regards protective measures against pests of plants, and
repealing Commission Regulation (EC) No 690/2008 and amending Commission
Implementing Regulation (EU) 2018/2019 (OJ EU L 319, 10.12.2019, p. 1).
& /en 3
2. For Chile:
(a) pests not known to occur in any part of Chile, as listed in Article 20 of Resolution
Nº 3080/2003 of Servicio Agrícola y Ganadero;1
(b) pests known to occur in Chile and under official control, as listed in Article 21 of Resolution
N° 3080/2003 of Servicio Agrícola y Ganadero; and
(c) pest known to occur in Chile, under official control and for which pest free areas are
established, as listed in Articles 6 and 7 of Resolution N° 3080/2003 of Servicio Agrícola y
Ganadero.
________________
1 Resolución N° 3080 Exenta del Servicio Agrícola y Ganadero, que establece criterios de
regionalización en relación a las plagas cuarentenarias para el territorio de Chile (Diario
Oficial 7 de noviembre de 2003) (Resolution Nº 3080 Exempt of Servicio Agrícola y
Ganadero, establishing criteria for regionalisation in relation to the quarantine pests for the
territory of Chile (Official Gazette 7 November 2003)).
& /en 4
ANNEX 6-C
REGIONALISATION AND ZONING
1. Basis for recognition of status and regionalisation decisions with regard to terrestrial and
aquatic animal diseases:
(a) animal diseases:
(i) the basis for recognition of the status of a Party or a region of a Party with regard to an
animal disease shall be the "Recognition of the disease/infection free status of a country
or a zone and epidemiological surveillance systems" of the International Animal Health
Code of the World Organisation for Animal Health ( "WOAH"); and
(ii) the basis for recognition of regionalisation decisions for an animal disease shall be the
"Zoning and regionalisation" of the International Animal Health Code of the WOAH;
and
(b) aquatic animal diseases: the basis for recognition of regionalisation decisions for aquaculture
diseases shall be the International Aquatic Health Code of the WOAH.
& /en 1
2. Criteria for the establishment of a region free from certain pests, pursuant to Article 6.7(2),
shall comply with:
(a) the FAO International Standard for Phytosanitary Measures 4 "Requirements for the
establishment of pest free areas" and the relevant definitions of the FAO International
Standard for Phytosanitary Measures 5 "Glossary of phytosanitary terms"; or
(b) Article 32 of Regulation (EU) 2016/20311.
3. Criteria for the recognition of the special status of a territory or a region of a Party with
respect to a specific animal diseases:
(a) where the importing Party considers that its territory or part of its territory is free from an
animal disease other than those diseases listed in the most recent version of the WOAH list, it
shall present to the exporting Party appropriate supporting documentation setting out, in
particular, the following criteria:
(i) the nature of the disease and the history of its occurrence in its territory;
(ii) the results of surveillance testing based on serological, microbiological, pathological or
epidemiological investigation and on the fact that the disease must be notified to the
competent authorities;
1 Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on
protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU)
No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and
repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC,
2006/91/EC and 2007/33/EC (OJ EU L 317, 23.11.2016, p. 4).
& /en 2
(iii) the period during which the surveillance was carried out;
(iv) where applicable, the period during which vaccination against the disease has been
prohibited and the geographical area concerned; and
(v) the arrangements for verifying the absence of the disease;
(b) if the importing Party requires additional guarantees pursuant to subparagraph (c) of
Article 6.6(1), general or specific, those guarantees shall not exceed the guarantees that the
importing Party implements; and
(c) a Party shall notify the other Party of any change in the criteria specified in subparagraph (a)
of this paragraph which relate to the disease. Any additional guarantees established by the
importing Party in accordance with subparagraph (b) of this paragraph may, following that
notification, be amended or withdrawn.
________________
& /en 3
ANNEX 6-D
CONDITIONS AND PROCEDURE FOR APPROVAL
OF ESTABLISHMENTS FOR IMPORTS OF ANIMALS, ANIMAL PRODUCTS,
PRODUCTS OF ANIMAL ORIGIN AND ANIMAL BY-PRODUCTS
1. The importing Party may require the approval of establishments of the exporting Party for the
importation of animals, animal products, products of animal origin and animal by-products.
2. The importing Party shall approve establishments of the exporting Party on the basis of
appropriate guarantees provided by the exporting Party without prior verification by the importing
Party of the individual establishments.
3. The importing Party shall apply the procedure for the approval to all categories of
establishments of animals, animal products, products of animal origin and animal by-products.
4. The importing Party shall draw up lists of approved establishments and make those lists
publicly available. It shall modify or complete those lists to take account of new applications and
guarantees received.
& /en 1
5. Approval is subject to the following conditions and procedure:
(a) the importing Party has authorised the import of the animal product concerned from the
exporting Party and the relevant import conditions and certification requirements for the
products concerned have been established;
(b) the competent authority of the exporting Party has provided the importing Party with
satisfactory guarantees that the establishments appearing on its list or lists meet the relevant
health requirements of the importing Party, and has officially approved the establishments
appearing on the lists for exportation to the importing Party;
(c) the competent authority of the exporting Party is empowered to suspend activities for
exportation to the importing Party from an establishment for which that authority has
provided guarantees in the event of non-compliance with those guarantees; and
(d) verification by the importing Party, carried out in accordance with Article 6.11, may be part
of the approval procedure and may relate to the following:
(i) the structure and organisation of the competent authority responsible for the approval of
the establishment, as well as the empowerment of that competent authority and the
guarantees it is able to provide regarding the implementation of the rules of the
importing Party;
& /en 2
(ii) on the spot inspection of a representative number of establishments appearing on the list
or lists provided by the exporting Party; or
(iii) in the European Union, that verification may relate to individual Member States.
6. Based on the results of the verification provided for in subparagraph (d) of paragraph 5, the
importing Party may amend the existing list of establishments.
________________
& /en 3
ANNEX 6-E
PROCESS FOR DETERMINATION OF EQUIVALENCE
1. The following principles for determination of equivalence apply:
(a) the Parties can determine equivalence for an individual measure or a group of measures or
systems related to animals, animal products, plants, plant products and other products covered
by sanitary or phytosanitary measures;
(b) The consideration of determination of equivalence shall not be a reason to disrupt or suspend
trade of those animals, animal products, plants, plant products and other products covered by
sanitary or phytosanitary measures;
(c) determination of equivalence of measures is an interactive process between the exporting
Party and the importing Party, consisting of an objective demonstration of equivalence of
individual measures by the exporting Party and the objective assessment of that demonstration
with a view to the possible recognition of equivalence by the importing Party; and
(d) the final recognition of equivalence of the relevant measures of the exporting Party rests
solely with the importing Party.
& /en 1
2. The following preconditions for initiation of the process for determination of equivalence
apply:
(a) the exporting Party shall not initiate a process of determination of equivalence if the
importing Party has not authorised the import of the animals, animal products, plants, plant
products and other products covered by sanitary or phytosanitary measures for which
equivalence is sought; the authorisation depends on the health or pest status, the laws and
regulations and the effectiveness of the inspection and control system related to the animals,
animal products, plants, plant products and other products covered by sanitary or
phytosanitary measures in the exporting Party; the laws and regulations applicable to the
sector concerned shall be taken into account, as well as the structure of the competent
authority of the exporting Party, its chain of command, its powers, its operational procedures
and resources, and the performance of the competent authorities as regards inspection and
control systems, including its level of enforcement related to the animals, animal products,
plants, plant products and other products covered by sanitary or phytosanitary measures and
the regularity and rapidity of information to the importing Party in case of identified hazards;
the process of determination of equivalence may be supported by documentation, verification,
and earlier documented experience;
(b) the Parties shall initiate the process for determination of equivalence in accordance with the
priorities established in Appendix 6-E-1; and
& /en 2
(c) the exporting Party shall only initiate the process if no safeguard measures imposed by the
importing Party apply to the exporting Party as regards the animals, animal products, plants,
plant products and other products covered by sanitary or phytosanitary measures concerned.
3. The following applies for the process for determination of equivalence:
(a) the exporting Party shall submit to the importing Party a request for recognition of
equivalence of an individual measure or a group of measures or systems applicable to
animals, animal products, plants, plant products and other products covered by sanitary or
phytosanitary measures;
(b) the request of the exporting Party shall:
(i) explain the importance for trade of the animals, animal products, plants, plant products
and other products covered by sanitary or phytosanitary measures in relation to which
recognition of equivalence is requested;
(ii) identify all of those measures from the import conditions applicable to the animals,
animal products, plants, plant products and other products covered by sanitary or
phytosanitary measures of the importing Party, with which the exporting Party can
comply; and
& /en 3
(iii) identify all of those measures from the import conditions applicable to the animals,
animal products, plants, plant products and other products covered by sanitary or
phytosanitary measures of the importing Party, for which the exporting Party seeks
equivalence;
(c) the exporting Party shall objectively demonstrate to the importing Party, in accordance with
paragraph 4, that the measure it has identified is equivalent to the import conditions for that
commodity;
(d) the importing Party shall objectively assess, in accordance with paragraph 4, the
demonstration of equivalence by the exporting Party;
(e) the importing Party shall determine whether equivalence is achieved or not; and
(f) the importing Party shall provide the exporting Party with a full explanation and supporting
data for its determination and decision on request of the exporting Party.
4. The following applies for the demonstration of equivalence by the exporting Party and the
assessment therefore by the importing Party:
(a) the exporting Party shall objectively demonstrate equivalence for the measure of the
importing Party identified pursuant to subparagraph (b)(ii) of paragraph 3; if appropriate,
equivalence shall be objectively demonstrated for any plan or programme required by the
importing Party as a condition to allow import, for example, a residue plan; and
& /en 4
(b) the Parties shall, to the extent possible, base the objective demonstration and assessment on:
(i) internationally recognised standards;
(ii) standards based on proper scientific evidence;
(iii) risk assessment;
(iv) objective earlier documented experience;
(v) legal status or level of administrative status of the measures; or
(vi) level of implementation and enforcement which shall be based on, in particular:
(A) results of surveillance and monitoring programmes;
(B) results of verification by the exporting Party;
(C) results of analysis with recognised analysis methods;
(D) results of verification and import checks carried out by the importing Party;
(E) the performance of the competent authorities of the exporting Party; and
(F) earlier experiences.
& /en 5
5. If, following the assessment of the demonstration of equivalence, the importing Party
determines that equivalence is not achieved, it shall provide the exporting Party with an
explanation.
& /en 6
Appendix 6-E-1
PRIORITY SECTORS OR SUB-SECTORS
FOR WHICH EQUIVALENCE MAY BE RECOGNISED
The Sub-Committee referred to in Article 6.16 may recommend to the Trade Council to amend this
Appendix pursuant to Article 6.8(5).
________________
& /en 7
ANNEX 6-F
GUIDELINES FOR CONDUCTING VERIFICATIONS
1. For the purposes of this Annex:
(a) "auditee" means the Party subject to the verification; and
(b) "auditor" means the Party that carries out the verification.
2. The following general principles apply to verifications:
(a) a Party may carry out verifications on the basis of audits or on the spot checks;
(b) verifications shall be made in cooperation between the auditor and the auditee in accordance
with this Annex;
(c) the auditor shall design the verifications to check the effectiveness of the controls of the
auditee rather than to reject individual animals, groups of animals, consignments of food
establishments or individual lots of plants or plant products;
(d) where a verification reveals a serious risk to human, animal or plant health, the auditee shall
take immediate corrective action;
& /en 1
(e) the verification may include study of the relevant regulations, method of implementation,
assessment of the result, level of compliance and subsequent corrective actions;
(f) a Party shall base the frequency of verifications on performance; a low level of performance
shall result in an increased frequency of verifications; unsatisfactory performance shall be
corrected by the auditee to the auditor's satisfaction; and
(g) a Party shall carry out verifications, and the decisions based on them, in a transparent and
consistent manner.
3. The auditor shall prepare a plan, preferably in accordance with recognised international
standards, that covers the following elements:
(a) the subject and scope of the verification;
(b) the date and place of the verification, accompanied by a timetable up to and including the
issuing of the final report;
(c) the language or languages in which the verification will be conducted and the report will be
written;
(d) the identity of the auditor or auditors, including the leader, if a team approach is used;
specialised professional skills of auditors may be required to carry out verification of
specialised systems and programmes;
& /en 2
(e) a schedule of meetings with officials and visits to establishments or facilities, as appropriate;
it is not necessary for the auditor to state in advance the identity of establishments or facilities
to be visited;
(f) the auditor shall respect commercial confidentiality, subject to provisions on freedom of
information, and avoid any conflict of interest; and
(g) the auditor shall respect the rules governing occupational health and safety and the rights of
the operator; the auditor shall give the representatives of the auditee the opportunity to review
the plan in advance.
4. The following principles apply to actions taken by the auditee, in order to facilitate
verification:
(a) the auditee shall fully cooperate with the auditor and shall nominate personnel responsible for
that cooperation; cooperation may include, inter alia, facilitating:
(i) access to all relevant regulations and standards, compliance programmes, and
appropriate records and documents;
(ii) access to audit and inspection reports;
(iii) access to documentation concerning corrective actions and sanctions; and
& /en 3
(iv) entry to establishments; and
(b) the auditee shall operate a documented programme to demonstrate to the auditor that
standards are being met on a consistent and uniform basis.
5. The following procedures and principles apply to verifications:
(a) the representatives of the Parties shall hold an opening meeting, at which the auditor shall
review the verification plan and confirm that adequate resources, documentation, and any
other necessary facilities are available for conducting the verification;
(b) a document review may consist of a review of:
(i) the documents and records referred to in subparagraph (a);
(ii) the structure and powers of the auditee;
(iii) any relevant changes to the inspection and certification systems made after the entry
into force of this Agreement or after the previous verification;
(iv) implementation of the system of inspection and certification for animals, animal
products, plants or plant products; and
& /en 4
(v) relevant inspection and certification records and documents;
(c) the following principles apply to on the spot checks:
(i) a decision to include on the spot checks shall be based on a risk assessment, taking into
account factors such as the animals, animal products, plants or plant products
concerned, the history of conformity with requirements by the industry sector or
exporting country, the production volume and import or export production, changes in
infrastructure and the national inspection and certification systems; and
(ii) on the spot checks may include visits to production and manufacturing facilities,
food-handling or storage areas and control laboratories to check the compliance with the
information contained in the documentation referred to in subparagraph (a); and
(d) if a follow-up verification is carried out in order to verify the correction of deficiencies, it may
be sufficient to verify only those points which have been found to require correction.
6. The Parties shall, to the largest possible extent, standardise forms for reporting audit findings
and conclusions in order to achieve a more uniform, transparent and efficient verification. The
working documents may include a checklist of elements to verify, which may cover:
(a) legislation;
& /en 5
(b) structure and operations of inspection and certification services;
(c) establishment details and working procedures, health statistics, sampling plans and results;
(d) compliance action and procedures;
(e) reporting and complaint procedures; and
(f) training programmes.
7. The representatives of the Parties, including, where appropriate, officials responsible for
national inspection and certification programs, shall hold a closing meeting. At that meeting, the
auditor shall present the findings of the verification in a clear and concise manner, so that the
conclusions of the audit are clearly understood by the auditee. The auditee shall draw up an action
plan for correction of any deficiencies noted, preferably with target dates for completion.
8. A draft report of verification shall, within 20 working days, be forwarded to the auditee, who
shall have 25 working days to comment on the draft report. Comments made by the auditee shall be
attached to and, where appropriate, included in the final report. However, where a significant
human, animal or plant health risk has been identified during the verification, the auditee shall be
informed as quickly as possible, and in any case within 10 working days of the end of the
verification.
________________
& /en 6
ANNEX 6-G
IMPORT CHECKS AND INSPECTION FEES
1. The following principles for import checks apply:
(a) import checks consist of documentary checks, identity checks and physical checks;
(b) as regards animals and animal products, the physical checks and their frequency rate applied
shall be based on the risk associated with such imports;
(c) in carrying out the checks for plant health purposes, the importing Party shall ensure that the
plants, plant products and other goods and their packaging shall be meticulously inspected on
an official basis, either in their entirety or by a representative sample, and that, if necessary,
the vehicles transporting them shall be inspected meticulously on an official basis in order to
make sure that they, as far as can be determined, are not contaminated by pests; and
(d) in the event that the checks reveal non-conformity with the relevant standards or
requirements, the importing Party shall take official measures proportionate to the risk
identified; whenever possible, the importer or its representative shall be given access to the
consignment and the opportunity to contribute any relevant information to assist the importing
Party in taking a final decision concerning the consignment; such decision shall be
proportionate to the risk involved.
& /en 1
2. The following frequency rates for physical checks apply:
(a) for animals and animal products:
(i) for imports into the European Union:
Type of frontier check Frequency rate
1. Documentary checks 100 %
2. Identity checks 100 %
3. Physical checks
Live animals 100 %
Category I products 20 %
– Fresh meat including offal, and products of the bovine,
ovine, caprine, porcine and equine species defined in
European Parliament and Council Regulation (EC)
No 853/20041
– Fish products in hermetically sealed containers intended to
render them stable at ambient temperatures, fresh and frozen
fish and dry and/or salted fisheries products
– Whole eggs
– Lard and rendered fats
– Animal casings
– Hatching eggs
1 Regulation (EC) No 853/2004 of the European Parliament and of the Council
of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ EU L 139,
30.04.2004, p. 55).
& /en 2
Type of frontier check Frequency rate
Category II products 50 %
– Poultry meat and poultry meat products
– Rabbit meat, game meat (wild/farmed) and products thereof
– Milk and milk products for human consumption
– Egg products
– Processed animal protein for human consumption
– Other fisheries products than those mentioned under 20 %
– Bivalve molluscs
– Honey
Category III products minimum of 1 %
maximum of 10 %
– Semen
– Embryos
– Manure
– Milk and milk products (not for human consumption)
– Gelatin
– Frog's legs and snails
– Bones and bone products
– Hides and skins
– Bristles, wool, hair and feathers
– Horns, horn products, hooves and hoof products
– Apiculture products
– Game trophies
– Processed petfood
– Raw material for the manufacture of petfood
– Raw material, blood, blood products, glands and organs for
pharmaceutical or technical use
– Hay and straw
– Pathogens
– Processed animal protein (packaged)
& /en 3
Type of frontier check Frequency rate
Processed animal protein not for human consumption (bulked) 100 % for the first six
consignments
(Commission Regulation
(EU) No 142/2011)1,
then 20 %
(ii) for imports into Chile:
Type of frontier check Frequency rate
1. Documentary checks 100 %
2. Identity checks 100 %
3. Physical checks
4. Live animals 100 %
Category 1 products 50 %
– Bovine fresh meat
(Post physical check with finding = next 10 shipments). 100 %
Category 2 products 20 %
– Fresh meats of poultry, sheep, goats, swine, equine and wild
species
– Reptile and amphibian meat
– Processed meat (bovine, pork, poultry)
– Milk and dairy products
– Honey
– Whole eggs
1 Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation
(EC) No 1069/2009 of the European Parliament and of the Council laying down health rules
as regards animal by-products and derived products not intended for human consumption and
implementing Council Directive 97/78/EC as regards certain samples and items exempt from
veterinary checks at the border under that Directive (OJ EU L 54, 26.2.2011, p. 1).
& /en 4
Type of frontier check Frequency rate
– Guts
– Offal
– Tendons, cartilages, bovine diaphragm pillars
– Semen and embryos
– Feather meal, shell meal, meat and bone meal
– Oils and baits
– Blood products
– Extract of meat, extract of glands
(Post physical check with finding = next 10 shipments). 50 %
Category 3 products Minimum 1 %
– Kangaroo meat Maximum10 %
– Reptile meat
– Canned meat and canned meat products
– Sea bird guano
– Feathers, hair, bristles and manes
– Collagen, gelatin
– Blood, serum, plasma in vitro use
– Ready meals
– Bile and culture media
– Beeswax
– Leathers various species
– Royal jelly and propolis
– Meat extract
– Wool, except industrialised wool
& /en 5
Type of frontier check Frequency rate
– Bacon, fats, edible pork skin
– Animal blood, serum and plasma for in vitro use
– Tendons and cartilage
– Animal fat (bacon, edible leather)
– Jerky
– Trophies and stuffed animals
– Tanned, semi-tanned, wet blue and pickled leathers
– Industrialized, dyed and tops wool
– Balanced petfood
(Post physical check with finding = next 10 shipments). 20 %
(b) for plants and plant products:
(i) for imports into the European Union, for plants, plant products and other goods listed in
Annex XI of Commission Implementing Regulation (EU) 2019/20721:
Type of frontier check Frequency rate
1. Documentary checks 100 %
2. Identity checks 100 %
3. Physical checks Plants, plant products and other goods, and their packaging,
shall be meticulously inspected on an official basis, either in
their entirety or by representative sample; if necessary, the
vehicles transporting them shall be inspected meticulously on
an official basis in order to make sure that they, as far as can
be determined, are not contaminated by pests.
1 Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing
uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European
Parliament and the Council, as regards protective measures against pests of plants, and
repealing Commission Regulation (EC) No 690/2008 and amending Commission
Implementing Regulation (EU) 2018/2019 (OJ EU L 319, 10.12.2019, p. 1).
& /en 6
(ii) for imports into Chile:
(A) documentary checks concern inspection of all documents relating to consignment
to determine compliance with phytosanitary certification;
(B) physical checks:
(B.1) physical verification concerns inspection of consignments to determine the
degree of industrialisation or transformation, for instance, to verify if a
product is frozen, dried or toasted;
(B.2) phytosanitary inspection is an official visual examination of plants, plant
products or other regulated articles to determine if pests are present or to
determine compliance with phytosanitary regulations.
(C) reception concerns international conveyances for the determination of the
phytosanitary status.
& /en 7
Type of frontier check Frequency rate
1. Documentary checks 100 %
2. Identity checks 100 %
3. Physical checks: Plants, plant products and other regulated goods,
and their packaging shall be meticulously
– physical verification
inspected on an official basis, either in their
– phytosanitary inspection entirety or by representative sample; if
necessary, the vehicles transporting them shall
be inspected meticulously on an official basis in
order to make sure that they, as far as can be
determined, are not contaminated by pests.
Plants, plants products and other Type of frontier checks
regulated articles that represent a
phytosanitary risk
Seeds, plants and parts of plants for Documentary checks
propagation, reproduction or planting. Identity checks
Phytosanitary inspection
Organism and microorganism used in Documentary checks
biological control, pollinizers, producers Identity checks
of certain substances or investigation.
Phytosanitary inspection
Plants products:
Plant material submitted to one or more Documentary checks
processes of industrialisation or Identity checks
transformation, that implies a
transformation of the original Physical verification
characteristics, which consequently
cannot be affected directly by pest, but
which can transport pest or suffer
infestation as a result of the storage
conditions.
& /en 8
Type of frontier check Frequency rate
Plant material that despite being Documentary checks
submitted to a process of Identity checks
industrialisation, can be affected by pest
or harbour pest. Phytosanitary inspection
Fresh plants products for consumption, Documentary checks
by direct use or following transformation, Identity checks
which can be affected by pest or harbour
pest. Phytosanitary inspection
Other regulated articles that represent a
phytosanitary risk
Growing medias Documentary checks
Identity checks
Phytosanitary inspection
Bio-fertilizers Documentary checks
Identity checks
Phytosanitary inspection
Conveyances Reception
Wood packaging materials Phytosanitary inspection
Containers Phytosanitary inspection
Used machinery and vehicles which have Documentary checks
been operated for agricultural or forestry Identity checks
purposes Phytosanitary inspection
________________
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ANNEX 6-H
CERTIFICATION
1. The following principles of certification apply:
(a) with respect to certification of plants and plant products and other goods, the competent
authorities shall implement Articles 100 and 101 of Regulation (EU) 2016/2031 of the
European Parliament of the Council1 and the principles laid down in the FAO International
Standards for Phytosanitary Measures 7 "Export Certification System" and in the FAO
International Standards for Phytosanitary Measures 12 "Guidelines for Phytosanitary
Certificates"; and
(b) with respect to the certification of animals and animal products:
(i) the competent authorities of each Party shall ensure that certifying officers have a
satisfactory knowledge of the veterinary legislation with regard to the animals or animal
products to be certified and, in general, are informed of the rules to be followed for
drawing up and issuing the certificates and, if necessary, regarding the nature and extent
of the enquiries, tests or examinations which are to be carried out before certification;
1 Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on
protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU)
No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and
repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC,
2006/91/EC and 2007/33/EC (OJ EU L 317, 23.11.2016, p. 4).
& /en 1
(ii) certifying officers shall not certify data of which they have no personal knowledge, or
which cannot be ascertained by them;
(iii) certifying officers shall not sign blank or incomplete certificates, or certificates relating
to animals or animal products, which they have not inspected, or which have passed out
of control of the certifying officers; where a certificate is signed on the basis of another
certificate or attestation, the certifying officer shall be in possession of that certificate or
attestation before signing;
(iv) a certifying officer may certify data which have been:
(A) ascertained on the basis of subparagraphs (b)(i), (b)(ii) and (b)(iii) by another
person so authorised by the competent authority and acting under the control of
that authority, provided that the certifying authority can verify the accuracy of the
data to be certified; or
(B) obtained, within the context of monitoring programmes, by reference to officially
recognised quality assurance schemes or by means of an epidemiological
surveillance system, that are authorised under veterinary legislation;
& /en 2
(v) the competent authorities of each Party shall take all necessary steps to ensure the
integrity of the certification; in particular, they shall ensure that certifying officers
designated by them:
(A) have a status which ensures their impartiality and have no direct commercial
interest in the animals or products being certified or in the holdings or
establishments in which they originate; and
(B) are fully aware of the significance of the contents of each certificate which they
sign;
(vi) certificates shall be drawn up as to ensure a link between the certificate and the
consignment, at least in a language understood by the certifying officer and at least in
one of the official languages of the importing Party as set out in paragraph 3;
(vii) each competent authority shall be able to link certificates to the relevant certifying
officer and ensure that a copy of all certificates issued is available for a period to be
determined by that competent authority;
(viii) each Party shall introduce the necessary checks and take the control measures necessary
to prevent the issuing of false or misleading certification and the fraudulent production
or use of certificates purportedly issued for the purposes of veterinary legislation; and
& /en 3
(ix) without prejudice to legal proceedings or penalties, the competent authorities shall carry
out investigations or checks and take appropriate measures to impose sanctions for any
false or misleading certification brought to their attention; such measures may include
the temporary suspension of the certifying officers from their duties until the
investigation is over; in particular:
(A) if, in the course of the checks, a certifying officer is found to have intentionally
issued a fraudulent certificate, the competent authority shall take all necessary
measures to ensure, as far as possible, that the officer concerned will not be able
to repeat the offence; and
(B) if, in the course of the checks, an individual or an undertaking is found to have
made fraudulent use of, or to have altered an official certificate, the competent
authority shall take all necessary measures to ensure, as far as possible, that the
individual or undertaking will not be able to repeat the offence; such measures
may include a refusal to issue an official certificate to the individual or
undertaking concerned.
2. With regards to the certificate referred to in Article 6.9(5), the health attestation in the
certificate shall reflect the status of equivalence of the product concerned. The health attestation
shall state compliance with the production standards of the exporting Party recognised as equivalent
by the importing Party.
& /en 4
3. The following official languages for certification apply:
(a) for import into the European Union:
(i) for plants, plant products and other goods, the certificate shall be drawn up in at least
one of the official languages of the European Union and preferably in one of the official
languages of the Member State of destination;
(ii) for animals and animal products, the health certificate shall be drawn up in at least one
of the official languages of the Member State of destination and in one of the official
languages of the Member State in which the import checks provided for in Article 6.12
are carried out; and
(b) for import into Chile, the health certificate shall be drawn up in Spanish, or in another
language, in which case a translation into Spanish shall be provided.
________________
& /en 5
ANNEX 8-A
LISTS OF ENERGY GOODS, RAW MATERIALS AND HYDROCARBONS
1. List of energy goods by HS code:
(a) solid fuels (HS code 27.01, 27.02 and 27.04);
(b) crude oil (HS code 27.09);
(c) oil products (HS code 27.10 and 27.13-27.15);
(d) natural gas, including liquefied natural gas and liquefied petroleum gas (HS code 27.11); and
(e) electrical energy (HS code 27.16).
2. List of raw materials by HS code:
Chapter Heading
25 Salt; sulphur; earths and stone; plastering materials, lime and cement
26 Ores, slag and ash
27 Mineral fuels, mineral oils and products of their distillation; bituminous substances;
mineral waxes
28 Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth
metals, of radioactive elements or of isotopes
& /en 1
Chapter Heading
29 Organic chemicals
71 Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad
with precious metal, and articles thereof – however excluding natural or cultured pearls,
precious or some-precious stones
72 Iron and steel
74 Copper and articles thereof
75 Nickel and articles thereof
76 Aluminium and articles thereof
78 Lead and articles thereof
79 Zinc and articles thereof
80 Tin and articles thereof
81 Other base metals; cermets; articles thereof
3. List of hydrocarbons by HS code:
(a) crude oil (HS code 27.09); and
(b) natural gas (HS code 27.11).
________________
& /en 2
ANNEX 8-B
EXPORT PRICING CONDITIONS REFERRED TO IN ARTICLE 8.5(2)
1. A measure that Chile introduces or maintains pursuant to Article 8.5(2) shall meet all of the
following conditions:
(a) it shall not result in an export restriction for exports to the European Union pursuant to
Article 2.11;
(b) it shall not adversely affect the capacity of the European Union to source raw materials from
Chile;
(c) if the raw material is supplied at a preferential price to any economic operator in any third
country, that shall be accorded immediately and unconditionally to economic operators in like
situations in the European Union; and
(d) it shall not result in a preferential price that is below the lowest price for exports of the same
good realised during the preceding 12 months.
2. In accordance with the laws and regulations of Chile, the measure referred to in paragraph 1
and the way it is implemented shall be made publicly available and upon request of the European
Union, Chile shall share with the European Union detailed and reliable information on the product
scope, the production volume that is covered by the measure, whether domestic sales at preferential
prices have taken place, and the domestic price that has resulted from the measure.
________________
& /en 1
ANNEX 9-A
INTERNATIONAL STANDARDISATION ORGANISATIONS
RECOGNISED BY THE PARTIES
1. Bureau International des Poids et Mesures (BIPM);
2. Codex Alimentarius Commission;
3. International Civil Aviation Organization (ICAO);
4. International Council on Harmonisation of Technical Requirements for Pharmaceuticals for
Human Use (ICH);
5. International Electrotechnical Commission (IEC);
6. International Labour Organization (ILO);
7. International Maritime Organization (IMO);
8. International Olive Council (IOC);
& /en 1
9. International Organisation of Vine and Wine (OIV);
10. International Organization for Standardization (ISO);
11. International Organization of Legal Metrology (OIML);
12. International Telecommunication Union (ITU);
13. United Nations Sub-Committee of Experts on the Globally Harmonized System of
Classification and Labelling of Chemicals (UN/SCEGHS);
14. Universal Postal Union (UPU);
15. World Forum for Harmonization of Vehicle Regulations (WP.29) within the framework of the
United Nations Economic Commission for Europe (UNECE); and
16. World Organisation for Animal Health (WOAH).
________________
& /en 2
ANNEX 9-B
CONFORMITY ASSESSMENT – FIELDS AND SPECIFICITIES
1. List of fields1:
(a) safety aspects of electrical and electronic equipment as defined in paragraph 2;
(b) safety aspects of machinery as defined in paragraph 2;
(c) electromagnetic compatibility of equipment as defined in paragraph 2;
(d) energy efficiency including eco-design requirements;
(e) restriction of the use of certain hazardous substances in electrical and electronic equipment;
and
(f) sanitary appliances.
1 For greater certainty, this Annex does not cover whole aircraft, vessels, railways, motor
vehicles as well as specialised maritime, railway, aviation or vehicle equipment.
& /en 1
2. For the purposes of this Annex:
(a) "electromagnetic compatibility of equipment" means the electromagnetic compatibility
(disturbance and immunity) of equipment which is dependent on electric currents or
electromagnetic fields in order to work properly and equipment for the generation, transfer
and measurement of such currents, with the exception of:
(i) equipment for use in an explosive atmosphere;
(ii) equipment for use for radiology or medical purposes;
(iii) electrical parts for goods and passenger lifts;
(iv) radio equipment used by radio amateurs;
(v) measuring instruments;
(vi) non-automatic weighing instruments;
(vii) inherently benign equipment; and
(viii) custom built evaluation kits destined for professionals to be used solely at research and
development facilities for such purposes;
& /en 2
(b) "energy efficiency" means the ratio of output of performance, service, goods or energy to
input of energy of a product with an impact on energy consumption during use, and in light of
the efficient allocation of resources;
(c) "safety aspects of electrical and electronic equipment" means the safety aspects of equipment,
other than machinery, which is dependent on electric currents in order to work properly and
equipment for the generation, transfer and measurement of such currents and which is
designed for use with a voltage rating between 50 V and 1 000 V for alternating current and
between 75 V and 1 500 V for direct current, as well as equipment which intentionally emits
or receives electromagnetic waves of frequencies lower than 3 000 GHz with the purpose of
radio communication or radiodetermination, with the exception of:
(i) equipment for use in an explosive atmosphere;
(ii) equipment for use for radiology or medical purposes;
(iii) electrical parts for goods and passenger lifts;
(iv) radio equipment used by radio amateurs;
(v) electricity meters;
(vi) plugs and socket outlets for domestic use;
& /en 3
(vii) electric fence controllers;
(viii) toys;
(ix) custom built evaluation kits destined for professionals to be used solely at research and
development facilities for such purposes; or
(x) construction products for permanent incorporation in buildings or civil engineering
works and the performance of which has an effect on the performance of the building or
civil engineering works, such as cables, fire alarms, electric doors;
(d) "safety aspects of machinery" means the safety aspects of an assembly consisting of at least
one moving part, powered by a drive system using one or more sources of energy such as
thermal, electric, pneumatic, hydraulic or mechanical energy, arranged and controlled so that
they function as an integral whole, with the exception of high-risk machinery, as defined by
each Party.
(e) "sanitary appliances" means toilets, whirlpools, kitchen sinks, urinals, baths, shower trays,
bidets or wash basins.
3. Pursuant to Article 9.9(7) of this Agreement, the Trade Council may amend the list of fields
in paragraph 1 of this Annex.
& /en 4
4. Notwithstanding paragraph 1, a Party may introduce requirements for mandatory third-party
testing or certification for the fields specified in this Annex, for products falling within the scope of
this Annex, under the following conditions:
(a) there are compelling reasons related to the protection of human health and safety that justify
the introduction of any such requirements;
(b) introduction of any such requirements is supported by substantiated technical or scientific
information regarding the performance of those products;
(c) any such requirements is not more trade-restrictive than necessary to fulfil the Party's
legitimate objective, taking account of the risks that non-fulfilment would create; and
(d) the Party could not have reasonably foreseen the need for introducing any such requirements
at the time of entry into force of this Agreement.
Before introducing any such requirements, the Party shall notify the other Party and, following
consultations, take the comments of the other Party into account, to the greatest extent possible, in
devising any such requirements.
________________
& /en 5
ANNEX 9-C
ON MOTOR VEHICLES AND EQUIPMENT AND PARTS THEREOF
1. For the purposes of this Annex:
(a) "1958 Agreement" means the Agreement Concerning the Adoption of Uniform Technical
Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used
on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on
the Basis of these Prescriptions, done at Geneva on 20 March 1958;
(b) "HS 2017" means the 2017 edition of Harmonized System Nomenclature issued by the World
Custom Organization;
(c) "UNECE" means the United Nations Economic Commission for Europe; and
(d) "UN Regulations" means Technical Regulations adopted in accordance with the 1958
Agreement.
2. Terms used in this Annex shall have the same meaning as the terms defined in the 1958
Agreement or in Annex 1 of the TBT Agreement.
& /en 1
3. This Annex applies to trade between the Parties in all categories of motor vehicles, equipment
and parts thereof, as defined in paragraph 1.1. of UNECE Consolidated Resolution on the
Construction of Vehicles (R.E.3)1, falling, inter alia, under Chapters 40, 84, 85, 87, 90 and 94 of
the HS 2017 (hereinafter referred to as "products covered").
4. With regard to the products covered, the objectives of this Annex are to:
(a) eliminate and prevent non-tariff barriers to bilateral trade;
(b) facilitate the approval of new motor vehicles based on approval schemes set out, inter alia, in
the 1958 Agreement;
(c) establish competitive market conditions based on principles of openness, non-discrimination
and transparency; and
(d) secure the protection of human health, safety and the environment, recognising the right of
each Party to determine its desired level of protection and regulatory approaches.
5. The Parties recognise that the UN Regulations are relevant international standards for the
products covered.
1 ECE/TRANS/WP.29/78/Rev.6 of 11 July 2017.
& /en 2
6. The importing Party shall accept on its market new motor vehicles or new motor vehicle
equipment or parts thereof provided the manufacturer has certified in accordance with the importing
Party's applicable laws and regulations that the vehicle or equipment or parts thereof comply with
the corresponding safety standards or technical regulations applicable in the importing Party.1
7. The Parties acknowledge that Chile has incorporated in its technical regulations certain
technical regulations of the European Union and UNECE and the acceptance of the corresponding
test reports and type-approval certificates.
8. Chile shall accept type-approval certificates of the European Union and of UNECE issued in
accordance with the technical regulations of the European Union and of UNECE as attesting
compliance of products covered with the technical regulations of Chile, without further testing or
marking requirements to verify or attest compliance with a requirements covered by those
type-approvals of the European Union or of UNECE, unless it would create a risk for human health,
safety or the environment, according to the technical regulations of Chile.
1 For greater certainty, nothing in this paragraph shall be construed as preventing a Party from
accepting on its market new motor vehicles or new motor vehicle equipment and parts
certified according to a third country safety and emission standards or from requiring
certification of compliance with existing motor vehicle safety and emission standards that a
Party maintains on the date of entry into force of this Agreement, subject to paragraph 7.
& /en 3
9. Chile may amend its technical regulations if it considers that the technical regulations of the
European Union or of UNECE no longer represent its desired level of protection, or create a risk for
human health, safety or the environment. Before introducing such amendments, Chile shall inform
the European Union through the contact points designated pursuant to Article 9.13 of this
Agreement, and upon request, provide information on the rationale those amendments.
10. The competent authorities of the importing Party may verify that the products covered comply
with all the relevant technical regulations of the importing Party. The verification shall be carried
out by random sampling in the market and in accordance with the technical regulations of the
importing Party.
11. The importing Party may require the supplier to withdraw a product from its market if the
product concerned does not comply with those technical regulations.
12. Without prejudice to the right of each Party to adopt measures necessary for road safety, the
protection of the environment or public health and the prevention of deceptive practices according
to its desired level of protection, each Party shall refrain from nullifying or impairing the benefits
accruing to the other Party under this Annex through regulatory measures specific to the products
covered.
& /en 4
13. The importing Party shall endeavour to permit the importation and marketing of products
incorporating a new technology or a new feature, which the importing Party has not yet regulated,
unless it has a reasonable doubt about its safety, based on scientific or technical information, to the
effect that this new technology or new feature creates a risk for human health, safety or
environment. The importing Party refusing placement on the market shall notify this decision to the
other Party as soon as possible.
14. The Parties shall cooperate and exchange information on any matter relevant to the
implementation of this Annex in the Sub-Committee on Technical Barriers to Trade.
_______________
& /en 5
ANNEX 9-D
ARRANGEMENT REFERRED TO IN SUBPARAGRAPH (b) OF ARTICLE 9.7(5)
FOR THE REGULAR EXCHANGE OF INFORMATION
IN RELATION TO THE SAFETY OF NON-FOOD PRODUCTS
AND RELATED PREVENTIVE, RESTRICTIVE
AND CORRECTIVE MEASURES
Trade Council may amend this Annex pursuant to Article 9.7(10).
_______________
& /en 1
ANNEX 9-E
ARRANGEMENT REFERRED TO IN ARTICLE 9.7(6)
FOR THE REGULAR EXCHANGE OF INFORMATION
REGARDING MEASURES TAKEN ON NON-COMPLIANT NON-FOOD PRODUCTS,
OTHER THAN THOSE COVERED BY ARTICLE 9.7(5)
Trade Council may amend this Annex pursuant to Article 9.7(10).
________________
& /en 1
ANNEX 10-A
RESERVATIONS FOR EXISTING MEASURES
Headnotes
1. The Schedules of the Parties in Appendices 10-A-1 and 10-A-2, set out pursuant to
Articles 10.11 and 11.8, the reservations taken by the Parties with respect to existing measures that
do not conform with obligations imposed by:
(a) Article 11.6;
(b) Article 10.6 or 11.4;
(c) Article 10.8;
(d) Article 10.10; or
(e) Article 10.9.
2. The reservations of a Party are without prejudice to the rights and obligations of the Parties
under GATS.
& /en 1
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 that reservation;
(d) "type of reservation" specifies the obligation referred to in paragraph 1 of this Annex for
which the reservation is taken;
(e) "level of government" indicates the level of government maintaining the measure for which
the reservation is taken;
(f) "measures" identifies the laws or other measures as qualified, where indicated, by the
"description" element for which the reservation is taken. A "measure" cited in the "measures"
element:
(i) means the measure as amended, continued or renewed as of the date of entry into force
of this Agreement;
& /en 2
(ii) includes any subordinate measure adopted or maintained under the authority of and
consistent with the measure; and
(iii) in respect of the Schedule of the European Union, includes any laws or other measures
which implement a directive at Member State level; and
(g) "description" sets out the non-conforming aspects of the existing measure for which the
reservation is taken.
4. For greater certainty, if a Party adopts a new measure at a level of government different to
that at which the reservation was originally taken, and this new measure effectively replaces, within
the territory to which it applies, the non-conforming aspect of the original measure cited in the
"measures" element, the new measure shall be deemed to constitute a modification or an
amendment to the original measure within the meaning of subparagraph (c) of Article 10.11(1) or
subparagraph (c) of Article 11.8(1).
5. In the interpretation of a reservation, all elements of the reservation shall be considered. A
reservation shall be interpreted in the light of the relevant obligations laid down in the against which
the reservation is taken. The "measures" element shall prevail over all other elements.
& /en 3
6. 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.
7. For the purposes of the Schedules of the Parties, a reservation for a requirement to have a
local presence in the territory of the Parties is taken with respect to Article 11.6, and not with
respect to Article 11.4 or, in Annex 10-C, with respect to Article 11.7. Furthermore, such a
requirement is not taken as a reservation with respect to Article 10.6.
8. A reservation taken at the level of the European Union 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
European Union and its Member States, 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.
& /en 4
9. 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 Article 10.6, 11.4 or 11.6. These 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. While not listed in this Annex, such measures continue to apply.
10. For greater certainty, for the European Union, the obligation to grant national treatment does
not entail the 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.
& /en 5
11. 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 European Union, 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, consistent with Chapter 10, which
may have been imposed on such juridical person when it was established in that other Party, and
which shall continue to apply.
12. The Schedules of the Parties apply only to the territories of the Parties in accordance with
Article 33.8 and are only relevant in the context of trade relations between the European Union and
its Member States with Chile. They do not affect the rights and obligations of the Member States
under European Union law.
13. The following abbreviations are used in the Schedule of the European Union:
EU European Union, including all its Member States
AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
& /en 6
CZ Czechia
DE Germany
DK Denmark
EE Estonia
EL Greece
ES Spain
FI Finland
FR France
HR Croatia
HU Hungary
IE Ireland
IT Italy
& /en 7
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
& /en 8
[Appendix 10-A-1]
SCHEDULE OF THE EUROPEAN UNION
Reservation No. 1 – All sectors
Reservation No. 2 – Professional services (except health-related professions)
Reservation No. 3 – Professional services (health related and retail of pharmaceuticals)
Reservation No. 4 – Research and development services
Reservation No. 5 – Real estate services
Reservation No. 6 – Business services
Reservation No. 7 – Construction Services
Reservation No. 8 – Distribution services
Reservation No. 9 – Education services
Reservation No. 10 – Environmental services
& /en 9
Reservation No. 11 – Health services and social services
Reservation No. 12 – Tourism and travel related services
Reservation No. 13 – Recreational, cultural and sporting services
Reservation No. 14 – Transport services and services auxiliary to transport services
Reservation No. 15 – Energy related activities
Reservation No. 16 – Agriculture, fishing and manufacturing
& /en 10
Reservation No. 1 – All sectors
Sector: All sectors
Type of reservation: National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Chapter/Section: Investment liberalisation and Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
Description:
(a) Type of establishment
With respect to Investment liberalisation – National treatment:
& /en 11
The EU: Treatment granted pursuant to the Treaty on the Functioning of the European Union
to juridical persons formed in accordance with the law of the European Union or of a
Member State and having their registered office, central administration or principal place of
business within the European Union, including those established in the European Union by
investors of Chile, is not accorded to juridical juridical persons established outside the
European Union, nor to branches or representative offices of such juridical persons, including
to branches or representative offices of juridical persons of Chile.
Treatment less favourable may be accorded to juridical persons formed in accordance with the
law of the European Union or of a Member State which have only their registered office in the
European Union, unless it can be shown that they possess an effective and continuous link
with the economy of one of the Member States.
Measures:
EU: Treaty on the Functioning of the European Union.
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors:
This reservation applies only to health, social or education services:
& /en 12
The EU (applies also to the regional level of government): Any Member State, when selling
or disposing of its equity interests in, or the assets of, an existing state enterprise or an
existing governmental entity providing health, social or education services (CPC 93, 92), may
prohibit or impose limitations on the ownership of such interests or assets, and/or restrict the
ability of owners of such interests and assets to control any resulting enterprise, with respect
to investors of Chile or their enterprises. With respect to such a sale or other disposition, any
Member State may adopt or maintain any measure relating to the nationality of senior
management or members of the boards of directors.
For the purposes of this reservation:
(i) any measure maintained or adopted after the date of entry into force of this Agreement
that, at the time of the sale or other disposition, prohibits or imposes limitations on the
ownership of equity interests or assets or imposes nationality requirements as described
in this reservation shall be deemed to be an existing measure; and
(ii) "state enterprise" means an enterprise owned or controlled through ownership interests
by any Member State and includes an enterprise established after the date of entry into
force of this Agreement solely for the purposes of selling or disposing of equity
interests in, or the assets of, an existing state enterprise or governmental entity.
& /en 13
Measures:
EU: As set out in the description element as indicated above.
With respect to Investment liberalisation – National Treatment:
In AT: For the operation of a branch, non-European Economic Area (non-EEA) corporations
must appoint at least one person responsible for its representation who is resident in Austria.
Executives (managing directors, natural persons) responsible for the observance of the
Austrian Trade Act (Gewerbeordnung) must be domiciled in Austria.
In BG: Foreign juridical persons, unless established under the law of a Member State of the
EEA, may conduct business and pursue activities if established in the Republic of Bulgaria in
the form of a company registered in the Commercial Register. Establishment of branches is
subject to authorisation.
Representative offices of foreign enterprises are to be registered with Bulgarian Chamber of
Commerce and Industry and may not engage in economic activity but are only entitled to
advertise their owner and act as representatives or agents.
& /en 14
In EE: If the residence of at least half of the members of the management board of a private
limited company, a public limited company or a branch is not in Estonia, in another
Member State of the EEA or in the Swiss Confederation, the private limited company, the
public limited company or the foreign company shall appoint a point of contact whose
Estonian address can be used for the delivery of the procedural documents of the undertaking
and the declarations of intent addressed to the undertaking (i.e. the branch of a foreign
company).
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors, and Cross-border trade in services – Local presence:
In FI: At least one of the partners in a general partnership or of general partners in a limited
partnership needs to have residency in the EEA or, if the partner is a juridical person, be
domiciled (no branches allowed) in the EEA. Exemptions may be granted by the registration
authority.
To carry on trade as a private entrepreneur, residency in the EEA is required.
If a foreign organisation from a country outside the EEA intends to carry on a business or
trade by establishing a branch in Finland, a trade permit is required.
& /en 15
Residency in the EEA is required for at least one of the ordinary and one of the deputy
members of the board of directors and for the managing director. Company exemptions may
be granted by the registration authority.
In SE: A foreign company, which has not established a legal entity in Sweden or is
conducting its business through a commercial agent, shall conduct its commercial operations
through a branch, registered in Sweden, with independent management and separate accounts.
The managing director and the vice-managing director, if appointed, of the branch, must
reside in the EEA. A natural person not resident in the EEA, who conducts commercial
operations in Sweden, shall appoint and register a resident representative responsible for the
operations in Sweden. Separate accounts shall be kept for the operations in Sweden. The
competent authority may in individual cases grant exemptions from the branch and residency
requirements. Building projects with duration of less than a year, conducted by a company
located or a natural person residing outside the EEA, are exempted from the requirements of
establishing a branch or appointing a resident representative.
For limited liability companies and co-operative economic associations, at least 50 % of the
members of the board of directors, at least 50 % of the deputy board members, the managing
director, the vice-managing director, and at least one of the persons authorised to sign for the
company, if any, must reside within the EEA. The competent authority may grant exemptions
from this requirement. If none of the company's or society's representatives reside in Sweden,
the board must appoint and register a person resident in Sweden, who has been authorised to
receive servings on behalf of the company or society.
& /en 16
Corresponding conditions prevail for establishment of all other types of legal entities.
In SK: A foreign natural person whose name is to be registered in the appropriate register
(Commercial register, Entrepreneurial or other professional register) as a person authorised to
act on behalf of an entrepreneur is required to submit a residence permit for Slovakia.
Measures:
AT: Aktiengesetz, BGBL. Nr. 98/1965, § 254 (2);
GmbH-Gesetz, RGBL. Nr. 58/1906, § 107 (2); and Gewerbeordnung, BGBL. Nr. 194/1994,
§ 39 (2a).
BG: Commercial Law, Article 17a; and
Law for Encouragement of Investments, Article 24.
EE: Äriseadustik (Commercial Code) § 631 (1, 2 and 4).
FI: Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade)
(122/1919), s. 1;
& /en 17
Osuuskuntalaki (Co-Operatives Act) 1488/2001;
Osakeyhtiölaki (Limited Liabilities Company Act) (624/2006); and
Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007).
SE: Lag om utländska filialer m.m (Foreign Branch Offices Act) (1992:160);
Aktiebolagslagen (Companies Act) (2005:551);
The Co-operative Economic Associations Act (2018:672); and Act on European Economic
Interest Groupings (1994:1927).
SK: Act 513/1991 on Commercial Code (Article 21); Act 455/1991 on Trade Licensing; and
Act no 404/2011 on Residence of Aliens (Articles 22 and 32).
With respect to Investment liberalisation –National Treatment and Performance requirements:
& /en 18
In BG: Established enterprises may employ third country nationals only for positions for
which there is no requirement for Bulgarian nationality. The total number of third country
nationals employed by an established enterprise over a period of the preceding 12 months
must not exceed 20 percent (35 percent for small and medium-sized enterprises) of the
average number of Bulgarian nationals, nationals of other Member States, of states parties to
the Agreement on the EEA or of the Swiss Confederation hired on an employment contract.
In addition, the employer must demonstrate that there is no suitable Bulgarian, EU, EEA or
Swiss worker for the respective position by conducting a labour market test before employing
a third country national.
For highly qualified, seasonal and posted workers, as well as for intra-corporate transferees,
researchers and students there is no limitation on the number of third country nationals
working for a single enterprise. For the employment of third country nationals in these
categories, no labour market test is required.
Measures:
BG: Labour Migration and Labour Mobility Act.
& /en 19
With respect to Investment liberalisation – National treatment:
In PL: The scope of operations of a representative office may only encompass advertising and
promotion of the foreign parent company represented by the office. For all sectors except
legal services, establishment by non-European Union investors and their enterprises may only
be in the form of a limited partnership, limited joint-stock partnership, limited liability
company, and joint-stock company, while domestic investors and enterprises have access also
to the forms of non-commercial partnership companies (general partnership and unlimited
liability partnership).
Measures:
PL: Act of 6 March 2018 on rules regarding economic activity of foreign entrepreneurs and
other foreign persons in the territory of the Republic of Poland.
& /en 20
(b) Acquisition of real estate
With respect to Investment liberalisation – National treatment:
In AT (applies to the regional level of government): The acquisition, purchase and rental or
leasing of real estate by non-European Union natural persons and enterprises requires
authorisation by the competent regional authorities (Länder). Authorisation will only be
granted if the acquisition is considered to be in the public (in particular economic, social and
cultural) interest.
In CY: Cypriots or persons of Cypriot origin, as well as nationals of a Member State, are
allowed to acquire any property in Cyprus without restrictions. A foreigner shall not acquire,
otherwise than mortis causa, any immovable property without obtaining a permit from the
Council of Ministers. For foreigners, where the acquisition of immovable property exceeds
the extent necessary for the erection of a premises for a house or professional roof, or
otherwise exceeds the extent of two donums (2 676 square meter), any permit granted by the
Council of Ministers shall be subject to such terms, limitations, conditions and criteria which
are set by Regulations made by the Council of Ministers and approved by the House of
Representatives. A foreigner is any person who is not a citizen of the Republic of Cyprus,
including a foreign controlled company. The term does not include foreigners of Cypriot
origin or non-Cypriot spouses of citizens of the Republic of Cyprus.
& /en 21
In CZ: Specific rules apply to agricultural land under state ownership. State agricultural land
can be acquired only by Czech nationals, nationals of another Member State, or states parties
to the Agreement on the EEA or the Swiss Confederation. Juridical persons can acquire state
agriculture land from the state only if they are agricultural entrepreneurs in the Czech
Republic or persons with similar status in other Member State, or states parties to the
Agreement on the EEA or the Swiss Confederation.
In DK: Natural persons who are not resident in Denmark, and who have not previously been
resident in Denmark for a total period of five years, must in accordance with the Danish
Acquisition Act obtain permission from the Ministry of Justice to acquire title to real property
in Denmark. This also applies for juridical persons that are not registered in Denmark. For
natural persons, acquisition of real property will be permitted if the applicant is going to use
the real property as his or her primary residence.
For juridical persons that are not registered in Denmark, acquisition of real property will in
general be permitted, if the acquisition is a prerequisite for the business activities of the
purchaser. Permission is also required if the applicant is going to use the real property as a
secondary dwelling. Such permission will only be granted if the applicant through an overall
and concrete assessment is regarded to have particular strong ties to Denmark.
& /en 22
Permission under the Acquisition Act is only granted for the acquisition of a specific real
property. The acquisition of agricultural land by natural or juridical persons is in addition
governed by the Danish Agricultural Holdings Act, which imposes restrictions on all persons,
Danish or foreign, when acquiring agricultural property. Accordingly, any natural or juridical
person, who wishes to acquire agricultural real property, must fulfil the requirements in this
Act. This generally means a limited residence requirement on the agricultural holding applies.
The residence requirement is not personal. Legal entities must be of the types listed in §20
and §21 of the Act and must be registered in the Union or EEA.
In EE: A juridical person from an OECD Member State has the right to acquire an immovable
which contains:
(i) less than ten hectares of agricultural land, forest land or agricultural and forest land in
total without restrictions;
(ii) ten hectares or more of agricultural land if the juridical person has been engaged, for
three years immediately preceding the year of making the transaction of acquisition of
the immovable, in production of agricultural products listed in Annex I to the Treaty on
the Functioning of the European Union, except fishery products and cotton
("agricultural product");
& /en 23
(iii) ten hectares or more of forest land if the juridical person has been engaged, for three
years immediately preceding the year of making the transaction of acquisition of the
immovable, in forest management within the meaning of the Forest Act (hereinafter
"forest management") or production of agricultural products;
(iv) less than ten hectares of agricultural land and less than ten hectares of forest land, but
ten hectares or more of agricultural and forest land in total, if the juridical person has
been engaged, for three years immediately preceding the year of making the transaction
of acquisition of the immovable, in production of agricultural products or forest
management.
If a juridical person does not meet the requirements provided for in subparagraphs (ii), (iii)
and (iv), the juridical person may acquire an immovable which contains ten hectares or more
of agricultural land, forest land or agricultural and forest land in total only with the
authorisation of the council of the local government of the location of the immovable to be
acquired.
Restrictions on acquiring immovable property apply in certain geographical areas for
non-EEA nationals.
& /en 24
In EL: Real estate acquisition or tenancy in the border regions is prohibited to natural or
juridical persons whose nationality or base is outside the Member States and the European
Free Trade Association. The ban may be lifted with a discretionary decision taken by a
committee of the appropriate Decentralized Administration (or the Minister of National
Defense in case the properties to be exploited belong to the Fund for the Exploitation of
Private Public Property).
In HR: Foreign companies are only allowed to acquire real estate for the supply of services if
they are established and incorporated in Croatia as juridical persons. Acquisition of real estate
necessary for the supply of services by branches requires the approval of the Ministry of
Justice. Agricultural land cannot be acquired by foreigners.
In MT: Non-nationals of a Member State may not acquire immovable property for
commercial purposes. Companies with 25 % (or more) of non-European Union shareholding
must obtain an authorisation from the competent authority (Minister responsible for Finance)
to buy immovable property for commercial or business purposes. The competent authority
will determine whether the proposed acquisition represents a net benefit to the Maltese
economy.
& /en 25
In PL: The acquisition of real estate, direct and indirect, by foreigners requires a permit. A
permit is issued through an administrative decision by a minister competent in internal affairs,
with the consent of the Minister of National Defence, and in the case of agricultural real
estate, also with the consent of the Minister of Agriculture and Rural Development.
Measures:
AT: Burgenländisches Grundverkehrsgesetz, LGBL. Nr. 25/2007;
Kärntner Grundverkehrsgesetz, LGBL. Nr. 9/2004;
NÖ- Grundverkehrsgesetz, LGBL. 6800;
OÖ- Grundverkehrsgesetz, LGBL. Nr. 88/1994;
Salzburger Grundverkehrsgesetz, LGBL. Nr. 9/2002;
Steiermärkisches Grundverkehrsgesetz, LGBL. Nr. 134/1993;
Tiroler Grundverkehrsgesetz, LGBL. Nr. 61/1996;
Voralberger Grundverkehrsgesetz, LGBL. Nr. 42/2004; and
& /en 26
Wiener Ausländergrundverkehrsgesetz, LGBL. Nr. 11/1998.
CY: Immovable Property Acquisition (Aliens) Law (Chapter 109), as amended.
CZ: Act No. 503/2012, Coll. on State Land Office as amended.
DK: Danish Act on Acquisition of Real Property (Consolidation Act No. 265
of 21 March 2014 on Acquisition of Real Property);
Acquisition Executive Order (Executive Order No. 764 of 18 September 1995); and
The Agricultural Holdings Act (Consolidation Act No. 27 of 4 January 2017).
EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables
Act) Chapter 2 § 4, Chapter 3§ 10, 2017.
EL: Law 1892/1990, as it stands today, in combination, as far as the application is concerned,
with the ministerial decision F.110/3/330340/S.120/7-4-14 of the Minister of National
Defense and the Minister of Citizen Protection.
HR: Ownership and other Proprietary Rights Act (OG 91/96, 68/98, 137/99, 22/00, 73/00,
129/00, 114/01, 79/06, 141/06, 146/08, 38/09, 143/12, 152/14), Articles 354 to 358.b;
Agricultural Land Act (OG 20/18, 115/18, 98/19) Article 2; General Administrative
Procedure Act.
& /en 27
MT: Immovable Property (Acquisition by Non-Residents) Act (Cap. 246); and Protocol No 6
of the EU Accession Treaty on the acquisition of secondary residences in Malta.
PL: Law of 24 March 1920 on the Acquisition of Real Estate by Foreigners (Journal of Laws
of 2016, item 1061 as amended).
With respect to Investment liberalisation – National treatment:
In HU: The purchase of real estate by non-residents is subject to obtaining authorisation from
the appropriate administrative authority responsible for the geographical location of the
property.
Measures:
HU: Government Decree No. 251/2014 (X. 2.) on the Acquisition by Foreign Nationals of
Real Estate other than Land Used for Agricultural or Forestry Purposes; and Act LXXVIII
of 1993 (Paragraph 1/A).
& /en 28
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment:
In LV: Acquisition of urban land by nationals of Chile is permitted through juridical persons
registered in Latvia or other Member States:
(i) if more than 50 % of their equity capital is owned by nationals of Member States, the
Latvian government or a municipality, separately or in total;
(ii) if more than 50 % of their equity capital is owned by natural persons and companies of
third country with whom Latvia has concluded bilateral agreements on promotion and
reciprocal protection of investments and which have been approved by the Latvian
Parliament before 31 December 1996;
(iii) if more than 50 % of their equity capital is possessed by natural persons and companies
of third country with whom Latvia has concluded bilateral agreements on promotion
and reciprocal protection of investments after 31 December 1996, if in those agreements
the rights of Latvian natural persons and companies on acquisition of land in the
respective third country have been determined;
(iv) if more than 50 % of their equity capital is possessed jointly by persons referred to in
points (i) to (iii); or
& /en 29
(v) which are public joint stock companies, if their shares thereof are quoted in the stock
exchange.
Where Chile allows Latvian nationals and enterprises to purchase urban real estate in their
territories, Latvia will allow nationals and enterprises of Chile to purchase urban real estate in
Latvia under the same conditions as Latvian nationals.
Measures:
LV: Law on land reform in the cities of the Republic of Latvia, Section 20 and 21.
With respect to Investment liberalisation – National treatment, Most-favoured-nation
treatment:
In DE: Certain conditions of reciprocity may apply for the acquisition of real estate.
In ES: Foreign investment in activities directly relating to real estate investments for
diplomatic missions by states that are not Member States requires an administrative
authorisation from the Spanish Council of Ministers, unless there is a reciprocal liberalisation
agreement in place.
& /en 30
In RO: Foreign nationals, stateless persons and juridical persons (other than nationals and
juridical persons of a Member State of the EEA) may acquire property rights over lands,
under the conditions regulated by international treaties, based on reciprocity. Foreign
nationals, stateless persons and juridical persons may not acquire the property right over lands
under more favourable conditions than those applicable to natural or juridical persons of the
European Union.
Measures:
DE: Einführungsgesetz zum Bürgerlichen Gesetzbuche (EGBGB; Introductory Law to the
Civil Code).
ES: Royal Decree 664/1999 of 23 April 1999 relating to foreign investment.
RO: Law 17/2014 on some measures regulating the selling-buying agricultural land situated
outside town and amending; and
Law No 268/2001 on the privatization of companies that own land in public ownership and
private management of the state for agricultural and establishing the State Domains Agency,
with subsequent amendments.
& /en 31
Reservation No. 2 – Professional services (except health-related professions)
Sector – sub-sector: Professional services – legal services; patent agent, industrial property
agent, intellectual property attorney; accounting and bookkeeping
services; auditing services, taxation advisory services; architecture and
urban planning services, engineering services and integrated
engineering services
Industry classification: CPC 861, 862, 863, 8671, 8672, 8673, 8674, part of 879
Type of reservation: National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Local presence
Chapter/Section: Investment liberalisation, Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
& /en 32
Description:
(a) Legal services (part of CPC 861)1
For greater certainty, consistent with the Headnotes, in particular paragraph 9 requirements to
register with a Bar may include a requirement to have obtained a law degree in the host
country or its equivalent, or to have completed some training under the supervision of a
licensed lawyer, or to have an office or a postal address within the jurisdiction of a specific
Bar in order to be eligible to apply for membership in that Bar. Some Member States may
impose the requirement of having the right to practise host-jurisdiction law on those natural
persons holding certain positions within a law firm/company/enterprise or for shareholders.
1 For the purposes of this reservation:
(a) "domestic law” means the law of the specific Member State and European Union law;
(b) "public international law" excludes European Union law and includes law established
by international treaties and conventions, as well as international customary law;
(c) "legal advice" includes provision of advice to and consultation with clients in matters,
including transactions, relationships and disputes, involving the application or
interpretation of law; participation with or on behalf of clients in negotiations and other
dealings with third parties in such matters; and preparation of documents governed in
whole or in part by law, and the verification of documents of any kind for purposes of
and in accordance with the requirements of law;
(d) "legal representation" includes preparation of documents intended to be submitted to
administrative agencies, the courts or other duly constituted official tribunals; and
appearance before administrative agencies, the courts or other duly constituted official
tribunals;
(e) "legal arbitration, conciliation and mediation" means the preparation of documents to be
submitted to, the preparation for and appearance before, an arbitrator, conciliator or
mediator in any dispute involving the application and interpretation of law. It does not
include arbitration, conciliation and mediation services in disputes not involving the
application and interpretation of law, which fall under services incidental to
management consulting. It also does not include acting as an arbitrator, conciliator or
mediator. As a sub-category, international legal arbitration, conciliation or mediation
services refers to the same services when the dispute involves parties from two or more
countries.
& /en 33
With respect to Investment liberalisation – National Treatment and Cross-border trade in
services – National treatment, Local presence:
In EU: Legal representation of natural or juridical persons before the European Union
Intellectual Property Office (EUIPO) may only be undertaken by a legal practitioner qualified
in one of the Member States of the EEA and having their place of business within the EEA, to
the extent that they are entitled, within the said Member State, to act as a representative in
trade mark matters or in industrial property matters and by professional representatives whose
names appear on the list maintained for this purpose by the EUIPO. (Part of CPC 861)
In AT: EEA or Swiss nationality as well as residency (commercial presence) is required for
the practice of legal services in respect of domestic (European Union and Member State) law,
including representation before courts. Only lawyers of EEA or Swiss nationality are allowed
to provide legal services through commercial presence. The practice of legal services in
respect of public international law and home country law is only allowed on a cross-border
basis. Equity participation and shares in the operating result of any law firm by foreign
lawyers (who must be fully qualified in their home country) is allowed up to 25 %; the rest
must be held by fully qualified EEA or Swiss lawyers and only the latter may exercise
decisive influence in the decision making of the law firm.
& /en 34
In BE: (with respect also to Most-favoured-nation treatment) Residency is required for full
admission to the Bar, and necessary for the practice of legal services in respect of Belgian
domestic law, including representation before courts. The residency requirement for a foreign
lawyer to obtain full admission to the Bar is at least six years from the date of application for
registration, three years under certain conditions. Requirement to have a certificate issued by
the Belgian Minister of Foreign Affairs under which the national law or international
convention allows reciprocity (reciprocity condition).
Foreign lawyers may practise as legal consultants. Lawyers who are members of foreign (non-
EU) Bars and want to establish in Belgium but do not meet the conditions for registration on
the Tableau of fully qualified lawyers, on the EU-list or on the List of Trainee Lawyers, may
request registration on the "B-List". Only at the Brussels Bar there exists such a "B-List". A
lawyer on the B-List is allowed to give advice. Representation before "the Cour de Cassation"
is subject to nomination on a specific list.
& /en 35
In BG: (with respect also to Most-favoured-nation treatment) Reserved to nationals of a
Member State, of another State which is a party to the Agreement on the EEA, or of the Swiss
Confederation who has been granted authorisation to pursue the profession of lawyer
according to the legislation of any of the aforementioned countries. A foreign national (except
for the above mentioned) who has been authorised to pursue the profession of lawyer in
accordance with the legislation of his or her own country, may appeal before judicial bodies
of the Republic of Bulgaria as defence-counsel or mandatary of a national of his or her own
country, acting on a specific case, together with a Bulgarian attorney-at-law, in cases where
this has been envisaged in an agreement between the Bulgarian and the respective foreign
state, or on the basis of mutuality, making a preliminary request to this effect to the
Chairperson of the Supreme Bar Council. Countries, in respect of which mutuality exists,
shall be designated by the Minister of Justice, upon request of the Chairperson of the Supreme
Bar Council. In order to provide legal mediation, a foreign national must have a permit for
long-term or permanent residence in the Republic of Bulgaria and has been entered in the
Uniform Register of Mediators with the Minister of Justice.
In CY: EEA or Swiss nationality as well as residency (commercial presence) is required. Only
advocates enrolled in the Bar may be partners or shareholders or members of the board of
directors in a law company in Cyprus.
In CZ: Full admission to the Bar is required. For the practice of legal services in respect of
domestic (European Union and Member State) law, including representation before courts,
EEA or Swiss nationality is required. For all legal services, residence (commercial presence)
is required.
& /en 36
In DE: Only lawyers with EEA and Swiss qualification may be admitted to the Bar and are
thus entitled to provide legal services in respect of domestic law. Commercial presence is
required in order to obtain full admission to the Bar. Exemptions may be granted by the
competent bar association. For foreign lawyers (with other than EEA and Swiss qualification)
there may be restrictions for holding shares of a lawyers company which provides legal
services in domestic law. Foreign lawyers can offer legal services in foreign law and in public
international law when they prove expert knowledge, registration is required to provide legal
services in Germany.
In DK: Legal services provided under the title "advokat" (advocate) or any similar title, as
well as representation before the courts, is reserved for advocates with a Danish license to
practice. EU, EEA and Swiss advocates may practice under the title of their country of origin.
Shares of a law firm can only be owned by advocates who actively practice law in the firm, its
parent company or its subsidiary company, other employees in the firm, or another law firm
registered in Denmark. Other employees in the firm may collectively only own less than 10 %
of the shares and of the voting rights, and in order to be shareholders they must pass an exam
on the rules of particular importance for the practice of law.
& /en 37
Only advocates who actively practice law in the firm, its parent company or its subsidiary
company, other shareholders, and representatives of employees, may be members of the
board. The majority of the members of the board must be advocates who actively practice law
in the firm, its parent company or its subsidiary company. Only advocates who actively
practice law in the firm, its parent company or its subsidiary company, and other shareholders
having passed the exam mentioned above, may be a director of the law firm.
In EE: Residency (commercial presence) is required for the practice of legal services in
respect of domestic (European Union and Member State) law, and participation in criminal
proceedings representation before the Supreme Court.
In EL: EEA or Swiss nationality and residency (commercial presence) is required for the
practice of legal services in respect of domestic (European Union and Member State) law,
including representation before courts.
In ES: EEA or Swiss nationality is required for the practice of legal services in respect of
domestic law, including representation before courts. The competent authorities may grant
nationality waivers. Professional address is required in order to provide any legal services.
& /en 38
In FI: EEA or Swiss residency and Bar membership is required for the use of the professional
title of "advocate" (in Finnish "asianajaja" or in Swedish "advokat"). Legal services, including
Finnish domestic law, may also be provided by non-Bar members.
In FR: Residency or establishment in the EEA is required for full admission to the Bar, which
is necessary for the practice of legal services in respect of domestic law, including
representation before courts. Representation before "the Cour de Cassation" and "Conseil
d'Etat" is subject to quotas and reserved for French and EU nationals. Members of a Bar in
Chile may register as foreign legal consultant in France to offer certain legal services in
France on a temporary or permanent basis, in respect of Chilean law and public international
law. A business address within the jurisdiction of the French Bar of registration or
establishment in the EEA is required to practice on a permanent basis.
In HR: European Union nationality is required for the practice of legal services in respect of
domestic (European Union and Member State) law, including representation before courts. In
proceedings involving public international law, parties may be represented before arbitration
courts and ad hoc courts by foreign lawyers who are members of their home country bar
association Only a lawyer who has the Croatian title of lawyer can establish a law firm
(Chilean firms can establish branches, which may not employ Croatian lawyers)
& /en 39
In HU: Full admission to the Bar is subject to EEA or Swiss nationality and residency
(commercial presence) for the practice of legal services in respect of domestic law, including
representation before courts. Foreign lawyers may provide legal advice on home country and
public international law in partnership with a Hungarian attorney or a law firm. A cooperation
contract concluded with a Hungarian attorney (ügyvéd) or law firm (ügyvédi iroda) is
required. A foreign legal adviser cannot be a member of a Hungarian law firm. A foreign
lawyer is not authorized for the preparation of documents to be submitted to, or act as the
client's legal representative before an arbitrator, conciliator or mediator in any dispute.
In LT: (With respect also to Most-favoured-nation treatment) EEA or Swiss nationality and
residency (commercial presence) is required for the practice of legal services in respect of
domestic (European Union and Member State) law, including representation before courts.
Attorneys from foreign countries can practice as advocates in court only in accordance with
international agreements, including specific provisions regarding representation before courts.
In LU (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality and
residency (commercial presence) is required for the practice of legal services in respect of
domestic law, including representation before courts.
& /en 40
The Council of the Order may, on the basis of reciprocity, agree to waive the nationality
requirement for a foreign national.
In LV (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality is
required for the practice of domestic law, including representation before courts. Attorneys
from foreign countries can practice as advocates in court only in accordance with bilateral
agreements on mutual legal assistance.
For European Union or foreign advocates, special requirements exist. For example,
participation in court proceedings in criminal cases is only permitted in association with an
advocate of the Latvian Collegium of Sworn Advocates.
In MT: EEA or Swiss nationality as well as residency (commercial presence) is required for
the practice of legal services in respect of domestic law, including representation before
courts.
In NL: Only locally-licensed lawyers registered in the Dutch registry can use the title
"advocate". Instead of using the full term "advocate", (non-registered) foreign lawyers are
obliged to mention their home country professional organisation for the purposes of their
activities in the Netherlands.
& /en 41
In PT (with respect also to Most-favoured-nation treatment): residency (commercial presence)
is required in order to practice Portuguese domestic law. For representation before courts, full
admission to the Bar is required. Foreigners holding a diploma awarded by any Faculty of
Law in Portugal, may register with the Portuguese Bar (Ordem dos Advogados), under the
same terms as Portuguese nationals, if their respective country grants Portuguese nationals
reciprocal treatment.
Other foreigners holding a Degree in Law which has been acknowledged by a Faculty of Law
in Portugal may register as members of the Bar Association provided they undergo the
required training and pass the final assessment and admission exam. Only law firms where the
shares belong exclusively to lawyers admitted to the Portuguese Bar can practise in Portugal.
Legal consultation is allowed in any area of foreign and public international law by jurists of
recognized merit, masters and doctors in law (even if non-lawyers and non-university
professors), provided they have their professional residence ("domiciliação") in PT, pass an
admission exam and are registered in the Bar.
In RO: A foreign lawyer may not make oral or written conclusions before the courts and other
judicial bodies, except for international arbitration.
& /en 42
In SE: (with respect also to Most-favoured-nation treatment) EEA or Swiss residency is
required for admission to the Bar and use of the title of "advokat". Exemptions may be
granted by the board of the Swedish Bar Association. Admission to the Bar is not necessary
for the practice of Swedish domestic law. A member of the Swedish Bar Association may not
be employed by anyone other than a Bar member or a company conducting the business of a
Bar member. However, a Bar member may be employed by a foreign company conducting
the business of an advocate, provided that the company in question is domiciled in a country
within the European Union, the EEA or Switzerland. Subject to an exemption from the Board
of the Swedish Bar Association, a member of the Swedish Bar Association may also be
employed by a non-European Union law firm.
Bar members conducting their practice in the form of a company or a partnership may not
have any other objective and may not carry out any other business than the practice of an
advocate. Collaboration with other advocate businesses is permitted, however, collaboration
with foreign businesses requires permission by the Board of the Swedish Bar Association.
Only a Bar member may directly or indirectly, or through a company, practice as an advocate,
own shares in the company or be a partner. Only a member may be a member or deputy
member of the Board or deputy managing director, or an authorised signatory or secretary of
the company or the partnership.
& /en 43
In SI: (with respect also to Most-favoured-nation treatment) Representing clients before the
court against payment is conditioned by commercial presence in Republic of Slovenia. A
foreign lawyer who has the right to practice law in a foreign country may perform legal
services or practice law under the conditions laid down in Article 34a of the Attorneys Act,
provided the condition of actual reciprocity is fulfilled.
Commercial presence for appointed attorneys by the Slovene Bar Association is restricted to
sole proprietorship, law firm with limited liability (partnership) or to a law firm with
unlimited liability (partnership) only. The activities of a law firm shall be restricted to the
practice of law. Only attorneys may be partners in a law firm.
In SK: (with respect also to Most-favoured-nation treatment) EEA nationality as well as
residency (commercial presence) in the Slovak Republic is required for the practice of legal
services in respect of domestic law, including representation before courts. For non-EU
lawyers actual reciprocity is required.
Measures:
EU: Article 120 of Regulation (EU) 2017/1001 of the European Parliament and of the
Council1;
1 Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017
on the European Union trade mark (OJ EU L 154, 16.6.2017, p. 1).
& /en 44
Article 78 of Council Regulation (EC) No 6/2002 of 12 December 20011.
AT: Rechtsanwaltsordnung (Lawyers Act) - RAO, RGBl. Nr. 96/1868, Articles 1 and 21c.;
Rechtsanwaltsgesetz - EIRAG, BGBl. Nr. 27/2000 as amended; § 41 EIRAG
BE: Belgian Judicial Code (Articles 428-508); Royal Decree of 24 August 1970.
BG: Attorney Law; Law for Mediation; and Law for the Notaries and Notarial Activity.
CY: Advocates Law (Chapter 2), as amended.
CZ: Act No. 85/1996 Coll., the Legal Profession Act.
DE:
Bundesrechtsanwaltsordnung (BRAO; Federal Lawyers Act);
Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG); and § 10
Rechtsdienstleistungsgesetz (RDG).
1 Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs
(OJ EU L 3, 5.1.2002, p. 1).
& /en 45
DK: Retsplejeloven (Administration of Justice Act) chapters 12 and 13 (Consolidated Act
No. 1284 of 14 November 2018).
EE: Advokatuuriseadus (Bar Association Act);
Tsiviilkohtumenetluse seadustik (Code of Civil Procedure); halduskohtumenetluse seadustik
(Code of Administrative Court Procedure); kriminaalmenetluse seadustik (Code of Criminal
Procedure);
and väärteomenetluse seadustik (Code of Misdemeanour Procedure).
EL: New Lawyers' Code n. 4194/2013.
ES: Estatuto General de la Abogacía Española, aprobado por Real Decreto 658/2001, Article
13.1ª.
FI: Laki asianajajista (Advocates Act) (496/1958), ss. 1 and 3; and Oikeudenkäymiskaari
(4/1734) (Code of Judicial Procedure).
FR: Loi 71-1130 du 31 décembre 1971, Loi 90- 1259 du 31 décembre 1990 and Ordonnance
du 10 septembre 1817 modifiée.
& /en 46
HR: Legal Profession Act (OG 9/94, 117/08, 75/09, 18/11).
HU: Act LXXVIII of 2017 on the professional activities of attorneys-at-law.
LT: Law on the Bar of the Republic of Lithuania of 18 March 2004 No. IX-2066 as last
amended on 12 December 2017 by law No XIII-571.
LU: Loi du 16 décembre 2011 modifiant la loi du 10 août 1991 sur la profession d'avocat.
LV: Criminal Procedure Law, s. 79; and Advocacy Law of the Republic of Latvia, s. 4.
MT: Code of Organisation and Civil Procedure (Cap. 12).
NL: Advocatenwet (Act on Advocates).
PT: Law 145/2015, 9 set., alterada p/ Lei 23/2020, 6 jul. (art.º 194 substituído p/ art.º 201.º; e
art.º 203.º substituído p/ art.º 213.º);
Portuguese Bar Statute (Estatuto da Ordem dos Advogados) and Decree-Law 229/2004,
Articles 5, 7 – 9; Decree-law 88/2003, Articles 77 and 102; Solicitadores Public Professional
Association Statute (Estatuto da Câmara dos Solicitadores), as amended by Law 49/2004, mas
alterada p/ Lei 154/2015, 14 set; by Law 14/2006 and by Decree-Law n.º 226/2008 alterado p/
Lei 41/2013, 26 jun;
& /en 47
Law 78/2001, Articles 31, 4 Alterada p/ Lei 54/2013, 31 jul.; Regulation of family and labour
mediation (Ordinance 282/2010), alterada p/ Portaria 283/2018, 19 out; Law 21/2007 on
criminal mediation, Article 12; Law 22/2013, 26 fev., alterada p/ Lei 17/2017, 16 maio,
alterada pelo Decreto-Lei 52/2019, 17 abril.
RO: Attorney Law; Law for Mediation; and Law for the Notaries and the Notarial Activity.
SE: Rättegångsbalken (The Swedish Code of Judicial Procedure) (1942:740); and Swedish
Bar Association Code of Conduct adopted 29 August 2008.
SI: Zakon o odvetništvu (Neuradno prečiščeno besedilo-ZOdv-NPB8 Državnega Zbora RS z
dne 7 junij 2019 (Attorneys Act) unofficial consolidated text prepared by the Slovenian
parliament from 7 June 2019).
SK: Act 586/2003 on Advocacy, Articles 2 and 12.
With respect to Investment liberalisation – National Treatment:
In PL: Foreign lawyers may establish only in the form of a registered partnership, a limited
partnership or a limited joint-stock partnership.
& /en 48
Measures:
PL: Act of 5 July 2002 on the provision by foreign lawyers of legal assistance in the Republic
of Poland, Article 19; The Law on Tax Advisory
With respect to Cross-Border Trade in Services – Local presence:
In IE, IT: Residency (commercial presence) is required for the practice of legal services in
respect of domestic (European Union and Member State) law, including representation before
courts.
Measures:
IE: Solicitors Acts 1954-2011.
IT: Royal Decree 1578/1933, Article 17 law on the legal profession.
& /en 49
(b) Patent agents, industrial property agents, intellectual property attorneys (part of
CPC 879, 861, 8613)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – Local presence:
In AT: EEA or Swiss nationality is required for the practice of patent agency services,
residency there is required.
In BG, and CY: EEA or Swiss nationality is required for the practice of patent agency
services. In CY, residency is required.
In DE: Only patent lawyers having EEA and Swiss qualifications may be admitted to the Bar
and are thus entitled to provide patent agent services in Germany in domestic law.
Commercial presence is required in order to obtain full admission to the Bar. Exemptions may
be granted by the bar association. Foreign patent lawyers can offer legal services in foreign
law when they prove expert knowledge, registration is required for legal services in Germany.
Foreign (other than EEA and Swiss qualification) patent lawyers may not establish a firm
together with national patent lawyers.
Foreign (other than EEA and Swiss) patent lawyers may have their commercial presence only
in the form of a Patentanwalts-GmbH or Patentanwalt-AG by acquiring a minority share.
& /en 50
In EE: Estonian or EU nationality as well as permanent residency is required for the practice
of patent agency services.
In ES and PT: EEA nationality is required for the practice of industrial property agent
services.
In FR: To be registered on the industrial property agent services list, establishment or
residency in the EEA is required. EEA nationality is required for natural persons. To represent
a client in front of the national intellectual property office, establishment in the EEA is
required. More than half of shares and voting rights must be held by EEA professionals. Law
firms may be entitled to provide industrial property agent services (see reservation for legal
services).
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In LV: EU nationality required for patent attorneys.
Measure:
LV: The Law on Industrial Property Institutions and Procedures Chapter XVIII
(Articles 119-136).
& /en 51
With respect to Cross-border trade in services – Local presence:
In FI and HU: EEA residency is required for the practice of patent agency services.
In SI: Residency in Slovenia is required for a holder/applicant of registered rights (patents,
trademarks, design protection). Alternatively, a patent agent or a trademark and design agent
registered in Slovenia is required for the main purpose of services of process, notification, etc.
Measures:
AT: Patent Attorney Act, BGBl. 214/1967 as amended, §§ 2 and 16a
BG: Chapter 8b of the Act on Patents and Registration of Utility Models.
CY: Advocates Law (Chapter 2), as amended.
DE: Patentanwaltsordnung (PAO), Gesetz über die Tätigkeit europäischer Patentanwälte in
Deutschland (EuPAG) and § 10 Rechtsdienstleistungsgesetz (RDG).
EE: Patendivoliniku seadus (Patent Agents Act) § 2, § 14.
ES: Ley 11/1986, de 20 de marzo, de Patentes de Invención y Modelos de utilidad,
Articles 155-157.
& /en 52
FI: Tavaramerkkilaki (Trademarks Act) (7/1964);
Laki auktorisoiduista teollisoikeusasiamiehistä (Act on Authorised Industrial Property
Attorneys) (22/2014); and
Laki kasvinjalostajanoikeudesta (Plant Breeder's Right Act) 1279/2009; and Mallioikeuslaki
(Registered Designs Act) 221/1971.
FR: Code de la propriété intellectuelle.
HU: Act XXXII of 1995 on Patent Attorneys.
PT: Decree-Law 15/95, as modified by Law 17/2010, by Portaria 1200/2010, Article 5, and
by Portaria 239/2013; and Law 9/2009.
SI: Zakon o industrijski lastnini (Industrial Property Act), Uradni list RS, št. 51/06 – uradno
prečiščeno besedilo in 100/13 and 23/20 (Official Gazette of the Republic of Slovenia,
No. 51/06 – official consolidated text 100/13 and 23/20).
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National Treatment, Local presence:
& /en 53
In IE: For establishment, at least one of the directors, partners, managers or employees of a
company to be registered as a patent or intellectual property attorney in Ireland. Cross-border
basis requires EEA nationality and commercial presence, principal place of business in an
EEA Member State, qualification under the law of an EEA Member State.
Measures:
IE: Section 85 and 86 of the Trade Marks Act 1996, as amended;
Rule 51, Rule 51A and Rule 51B of the Trade Marks Rules 1996, as amended; Section 106
and 107 of the Patent Act 1992, as amended; and Register of Patent Agent Rules S.I. 580
of 2015.
(c) Accounting and bookkeeping services (CPC 8621 other than auditing services, 86213, 86219,
86220)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – Local presence:
In AT: The capital interests and voting rights of foreign accountants, bookkeepers, qualified
according to the law of their home country, in an Austrian enterprise may not exceed 25 %.
The service supplier must have an office or professional seat in the EEA (CPC 862).
& /en 54
In FR: Establishment or residency is required.
In IT: Residence or business domicile is required for enrolment in the professional register,
which is necessary for the provision of accounting and bookkeeping services (CPC 86213,
86219, 86220).
In PT: (with respect also to Most-favoured-nation treatment): Residence or business domicile
is required for enrolment in the professional register by the Chamber of Certified Accountants
(Ordem dos Contabilistas Certificados), which is necessary for the provision of accounting
services, provided that there is reciprocal treatment for Portuguese nationals.
Measures:
AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act,
BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4; and
Bilanzbuchhaltungsgesetz (BibuG), BGBL. I Nr. 191/2013, §§ 7, 11, 28.
FR: Ordonnance 45-2138 du 19 septembre 1945.
IT: Legislative Decree 139/2005; and Law 248/2006.
PT: Decree-Law n.º 452/99, changed by Law n.º 139/2015, september 7th.
& /en 55
With respect to Cross-border trade in services – Local presence:
In SI: Establishment in the European Union is required in order to provide accounting and
bookkeeping services (CPC 86213, 86219, 86220).
Measures:
SI: Act on services in the internal market, Official Gazette RS No 21/10.
(d) Auditing services (CPC – 86211, 86212 other than accounting and bookkeeping services)
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment and Cross-border trade in services – National treatment, Most-favoured nation
treatment:
In EU: Supply of statutory auditing services requires approval by the competent authorities of
a Member State that may recognise the equivalence of the qualifications of an auditor who is
a national of Chile or of any third country subject to reciprocity (CPC 8621).
& /en 56
Measures:
EU: Directive 2013/34/EU of the European Parliament and of the Council1; and
Directive 2006/43/EC of the European Parliament and of the Council2.
Measures:
BG: Independent Financial Audit Act.
With respect to Investment liberalisation – National treatment, and Cross-border trade in
services – Local presence:
In AT: The capital interests and voting rights of foreign auditors, qualified according to the
law of their home country, in an Austrian enterprise may not exceed 25 %. The service
supplier must have an office or professional seat in the EEA.
1 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the
annual financial statements, consolidated financial statements and related reports of certain
types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the
Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ EU L 182,
29.6.2013, p. 19).
2 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on
statutory audits of annual accounts and consolidated accounts, amending Council Directives
78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ EU L 157,
9.6.2006, p. 87).
& /en 57
Measures:
AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act,
BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.
With respect to Cross-border trade in services – Local presence:
In DK: Provision of statutory auditing services requires Danish approval as an auditor.
Approval requires residency in a Member State of the EEA. Voting rights in approved audit
firms of auditors and audit firms not approved in accordance with regulation implementing
the Directive 2006/43/EC based on Article 54(3)(g) of the Treaty on statutory audit must not
exceed 10 % of the voting rights.
In FR: (with respect also to Most-favoured-nation treatment) For statutory audits:
establishment or residency is required. Chilean nationals may provide statutory auditing
services in France, subject to reciprocity.
In PL: Establishment in the European Union is required in order to provide auditing services.
Measures:
DK: Revisorloven (The Danish Act on Approved Auditors and Audit Firms), Act No. 1287
of 20 November 2018.
& /en 58
FR: Code de commerce
PL: Act of 11 May 2017 on statutory auditors, audit firms and public oversight – Journal of
Laws of 2017, item 1089.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In CY: Authorisation is required, subject to an economic needs test. Main criteria: the
employment situation in the sub-sector. Professional associations (partnerships) between
natural persons are permitted.
In SK: Only an enterprise in which at least 60 % of capital interests or voting rights are
reserved to Slovak nationals or nationals of a Member State may be authorised to carry out
audits in the Slovak Republic.
Measures:
CY: Auditors Law of 2017 (Law 53(I)/2017).
SK: Act No. 423/2015 on Statutory audit.
& /en 59
With respect to Cross-border trade in services – National treatment, Local presence:
In DE: Auditors from third countries registered in accordance with Article 134 WPO may
carry out the statutory audit of annual fiscal statements or provide the consolidated financial
statements of a company with its headquarters outside the European Union, whose
transferable securities are offered for trading in a regulated market.
Measures:
DE: Handelsgesetzbuch (HGB; Code of Commercial Law);
Gesetz über eine Berufsordnung der Wirtschaftsprüfer (Wirtschaftsprüferordnung - WPO;
Public Accountant Act).
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In ES: statutory auditors must be a national of a Member State. This reservation does not
apply to the auditing of non-European Union companies listed in a Spanish regulated market.
Measures:
ES: Ley 22/2015, de 20 de julio, de Auditoría de Cuentas (new Auditing Law: Law 22/2015
on Auditing services).
& /en 60
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment and Cross-border trade in services – Local presence:
In SI Commercial presence is required. A third country audit entity may hold shares or form
partnerships in Slovenian audit company provided that, under the law of the country in which
the third-country audit entity is incorporated, Slovenian audit companies may hold shares or
form partnership in an audit entity in that country (reciprocity requirement).
Measures:
SI: Auditing Act (ZRev-2), Official Gazette RS No 65/2008 (as last amended No 84/18); and
Companies Act (ZGD-1), Official Gazette RS No 42/2006 (as last amended No 22/19 -
ZPosS).
With respect to Investment liberalisation – National treatment
In EE: The majority of the votes represented by the shares of an audit firm shall belong to
sworn auditors subject to supervision of a competent authority of a EEA Member State, who
have acquired their qualification in an EEA Member State, or to audit firms. At least
three-fourths of the persons representing an audit firm on the basis of law shall have acquired
their qualifications in an EEA Member State.
& /en 61
Measures:
EE: Auditors Activities Act (Audiitortegevuse seadus) § 76-77
With respect to Cross-border trade in services – Local presence:
In BE: An establishment in Belgium is required where the professional activity will take place
and where acts, documents and correspondence relating to it will be maintained, and to have
at least one administrator or manager of the establishment approved as auditor.
In FI: EEA residency required for at least one of the auditors of a Finnish Limited Liability
company and of companies which are under the obligation to carry out an audit. An auditor
must be a locally-licensed auditor or a locally-licensed audit firm.
In HR: Auditing services may be provided only by juridical persons established in Croatia or
by natural persons resident in Croatia.
In IT: Residency is required for the provision of auditing services by natural persons.
In LT: Establishment in the EEA is required for the provision of auditing services.
& /en 62
In SE: Only auditors approved in Sweden and auditing firms registered in Sweden may
perform statutory auditing services. EEA residency is required. The titles of "approved
auditor" and "authorised auditor" may only be used by auditors approved or authorised in
Sweden. Auditors of co-operative economic associations and certain other enterprises who are
not certified or approved accountants must be resident within the EEA, unless the
Government, or a Government authority appointed by the Government, in a particular case
allows otherwise.
Measures:
BE: Law of July 22nd, 1953 creating an Institute of the Auditors of Firms and organising the
public supervision of the occupation of auditor of firms, coordinated on April 30th, 2007.
(Public Accountant Act).
FI: Tilintarkastuslaki (Auditing Act) (459/2007), Sectoral laws requiring the use of locally
licensed auditors.
HR: Audit Act (OG 146/05, 139/08, 144/12), Article 3.
IT: Legislative Decree 58/1998, Articles 155, 158 and 161;
Decree of the President of the Republic 99/1998; and Legislative Decree 39/2010, Article 2.
LT: Law on Audit of 15 June 1999 No. VIII -1227 (a new version of 3 July 2008 No. X1676).
& /en 63
SE: Revisorslagen (Auditors Act) (2001:883);
Revisionslag (Auditing Act) (1999:1079);
Aktiebolagslagen (Companies Act) (2005:551);
Lag om ekonomiska föreningar (The Co-operative Economic Associations Act) (2018:672);
and
Others, regulating the requirements to make use of approved auditors.
(e) Taxation advisory services (CPC 863, not including legal advice and legal representation on
tax matters, which are to be found under legal services)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – Local presence:
In AT: The capital interests and voting rights of foreign tax advisors, qualified according to
the law of their home country, in an Austrian enterprise may not exceed 25 %. The service
supplier must have an office or professional seat in the EEA.
& /en 64
Measures:
AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act,
BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.
With respect to Cross-border trade in services – Local presence:
In FR: Establishment or residency is required.
Measures:
FR: Ordonnance 45-2138 du 19 septembre 1945.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In BG: Nationality of a Member State is required for tax advisors.
Measures:
BG: Accountancy Act;
Independent Financial Audit Act; Income Taxes on Natural Persons Act; and Corporate
Income Tax Act.
& /en 65
With respect to Cross-border trade in services – Local presence:
In HU: EEA residency is required for the supply of taxation advisory services, insofar as they
are being supplied by a natural person present in the territory of Hungary.
In IT: Residency is required.
Measures:
HU: Act XCII of 2003 on the Rules of Taxation; and
Decree of the Ministry of Finance no. 26/2008 on the licensing and registration of taxation
advisory activities.
IT: Legislative Decree 139/2005; and Law 248/2006.
(f) Architecture and urban planning services, engineering and integrated engineering services
(CPC 8671, 8672, 8673, 8674)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
& /en 66
In BG: Residency in the EEA or the Swiss Confederation is required for architecture, urban
planning and engineering services provided by natural persons. For architectural and
engineering projects of national or regional significance, foreign investors must act in
partnership with, or as subcontractors to, local investors (CPC 8671, 8672, 8673).
Measures:
BG: Spatial Development Act;
Chamber of Builders Act; and
Chambers of Architects and Engineers in Project Development Design Act.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In HR: A design or project created by a foreign architect, engineer or urban planner must be
validated by an authorised natural or juridical person in Croatia with regard to its compliance
with Croatian Law (CPC 8671, 8672, 8673, 8674).
Measures:
HR: Act on Physical Planning and Building Activities (OG 118/18, 110/19)
& /en 67
Physical Planning Act (OG 153/13, 39/19).
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
In CY: Nationality and residency condition applies for the provision of architecture and urban
planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673,
8674).
Measures:
CY: Law 41/1962 as amended; Law 224/1990 as amended; and Law 29(I)2001 as amended.
With respect to Cross-border trade in services – Local presence:
In CZ: Residency in the EEA is required.
In HU: EEA residency is required for the supply of the following services, insofar as they are
being supplied by a natural person present in the territory of Hungary: architectural services,
engineering services (only applicable to graduate trainees), integrated Engineering services
and landscape architectural services (CPC 8671, 8672, 8673, 8674).
& /en 68
In IT: residency or professional domicile/business address in Italy is required for enrolment in
the professional register, which is necessary for the exercise of architectural and engineering
services (CPC 8671, 8672, 8673, 8674).
In SK: Residency in the EEA is required for registration in the professional chamber, which is
necessary for the exercise of architectural and engineering services (CPC 8671, 8672, 8673,
8674).
Measures:
CZ: Act no. 360/1992 Coll. on practice of profession of authorised architects and authorised
engineers and technicians working in the field of building constructions.
HU: Act LVIII of 1996 on the Professional Chambers of Architects and Engineers.
IT: Royal Decree 2537/1925 regulation on the profession of architect and engineer;
Law 1395/1923; and
Decree of the President of the Republic (D.P.R.) 328/2001.
SK: Act 138/1992 on Architects and Engineers, Articles 3, 15, 15a, 17a and 18a.
& /en 69
With respect to Cross-border trade in services – National treatment:
In BE: the provision of architectural services includes control over the execution of the works
(CPC 8671, 8674). Foreign architects authorised in their host countries and wishing to
practice their profession on an occasional basis in Belgium are required to obtain prior
authorisation from the Council of Order in the geographical area where they intend to practice
their activity.
Measures:
BE: Law of February 20, 1939 on the protection of the title of the architect's profession; and
Law of 26th June 1963, which creates the Order of Architects Regulations of December 16th,
1983 of ethics established by national Council in the Order of Architects (Approved by
Article 1st of A.R. of April 18th, 1985, M.B., May 8th, 1985).
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Reservation No. 3 – Professional services (health related and retail of pharmaceuticals)
Sector – sub-sector: Professional services – medical (including psychologists) and dental
services; midwives, nurses, physiotherapists and paramedical
personnel; veterinary services; retail sales of pharmaceutical, medical
and orthopaedic goods and other services provided by pharmacists
Industry classification: CPC 9312, 93191, 932, 63211
Type of reservation: National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Local presence
Chapter/Section: Investment Liberalisation and Cross-Border Trade in Services
& /en 71
Description:
(a) Medical, dental, midwives, nurses, physiotherapists and para-medical services
(CPC 9312, 93191)
With respect to Investment liberalisation – National treatment, Most favoured nation
treatment and Cross-border trade in services – National treatment, Most favoured nation
treatment:
In IT: European Union nationality is required for the services provided by psychologists,
foreign professionals may be allowed to practice based on reciprocity (part of CPC 9312).
Measures:
IT: Law 56/1989 on the psychologist profession.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
In CY: Cypriot nationality and residency condition applies for the provision of medical
(including psychologists), dental, midwives, nurses, physiotherapists and para-medical
services.
& /en 72
Measures:
CY: Registration of Doctors Law (Chapter 250) as amended;
Registration of Dentists Law (Chapter 249) as amended;
Law 75(I)/2013 – Podologists;
Law 33(I)/2008 as amended – Medical Physics;
Law 34(I)/2006 as amended – Occupational Therapists;
Law 9(I)/1996 as amended – Dental Technicians;
Law 68(I)/1995 as amended – Psychologists;
Law 16(I)/1992 as amended – Opticians;
Law 23(I)/2011 as amended – Radiologists/Radiotherapists;
Law 31(I)/1996 as amended – Dieticians/Nutritionists;
& /en 73
Law 140/1989 as amended – Physiotherapists; and
Law 214/1988 as amended – Nurses.
With respect to Cross-border trade in services – Local presence:
In DE [:] Doctors (including psychologists, psychotherapists, and dentists) need to register
with the regional associations of statutory health insurance physicians or dentists
(kassenärztliche or kassenzahnärztliche Vereinigungen), if they wish to treat patients insured
by the statutory sickness funds.
For midwives services, access is restricted to natural persons only. For medical and dental
services, access is possible for natural persons, licensed medical care centres and mandated
bodies. Establishment requirements may apply.
Measures:
DE: Bundesärzteordnung (BÄO; Federal Medical Regulation);
Gesetz über die Ausübung der Zahnheilkunde (ZHG);
Gesetz über den Beruf der Psychotherapeutin und des Psychotherapeuten (PsychThG; Act on
the Provision of Psychotherapy Services);
& /en 74
Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung
(Heilpraktikergesetz);
Gesetz über das Studium und den Beruf von Hebammen(HebG); Bundes-Apothekerordnung;
Additional legislation with regard to midwives can exist on regional level.
Gesetz über die Pflegeberufe (PflBG);
Sozialgesetzbuch Fünftes Buch (SGB V; Social Code, Book Five) – Statutory Health
Insurance.
Regional level:
Heilberufekammergesetz des Landes Baden-Württemberg;
Gesetz über die Berufsausübung, die Berufsvertretungen und die Berufsgerichtsbarkeit der
Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der
Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz – HKaG) in Bayern;
Berliner Heilberufekammergesetz (BlnHKG);
Hamburgisches Kammergesetz für die Heilberufe (HmbKGH); Gesetz über die
Berufsgerichtsbarkeit der Heilberufe; Hamburgisches Gesetz über die Ausübung des Berufs
der Hebamme und des Entbindungspflegers (Hamburgisches Hebammengesetz);
& /en 75
Heilberufsgesetz Brandenburg (HeilBerG);
Bremisches Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die
Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker
(Heilberufsgesetz - HeilBerG);
Niedersächsisches Kammergesetz für die Heilberufe (Heilkammergesetz – HKG);
Niedersächsisches Gesetz über die Ausübung des Hebammenberufs (NHebG)
Heilberufsgesetz Mecklenburg-Vorpommern (Heilberufsgesetz M-V – HeilBerG);
Heilberufsgesetz (HeilBG NRW);
Heilberufsgesetz (HeilBG Rheinland-Pfalz);
Gesetz über die öffentliche Berufsvertretung, die Berufspflichten, die Weiterbildung und die
Berufsgerichtsbarkeit der Ärzte/ Ärztinnen, Zahnärzte/ Zahnärztinnen, psychologischen
Psychotherapeuten/ Psychotherapeutinnen und Kinder- und
Jugendlichenpsychotherapeuten/psychotherapeutinnen, Tierärzte/Tierärztinnen und
Apotheker/Apothekerinnen im Saarland (Saarländisches Heilberufekammergesetz – SHKG);
& /en 76
Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der Ärzte,
Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der
Kinder- und Jugendlichenpsychotherapeuten im Freistaat Sachsen (Sächsisches
Heilberufekammergesetz – SächsHKaG)and Thüringer Heilberufegesetz.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – Local presence:
In FR: While other types of legal form are also available for Union investors, foreign
investors only have access to the legal forms of "société d'exercise liberal"(SEL) and "société
civile professionnelle" (SCP). For medical, dental and midwives services, French nationality
is required. However, access by foreigners is possible within annually established quotas. For
medical, dental and midwives services and services by nurses, provision through SEL à forme
anonyme, à responsabilité limitée par actions simplifiée ou en commandite par actions SCP,
société coopérative (for independent general and specialised practitioners only) or société
interprofessionnelle de soins ambulatoires (SISA) for multidisciplinary health home (MSP)
only.
& /en 77
Measures:
FR: Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, Loi
n°2011-940 du 10 août 2011 modifiant certaines dispositions de la loi n°2009-879 dite HPST,
Loi n°47-1775 portant statut de la coopération; and Code de la santé publique.
(b) Veterinary services (CPC 932)
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment and Cross-border trade in services – National treatment, Most-favoured nation
treatment:
In AT: Only nationals of a Member State of the EEA may provide veterinary services. The
nationality requirement is waived for nationals of a non-Member State of the EEA where
there is a Union agreement with that non-Member State of the EEA providing for national
treatment with respect to investment and cross-border trade of veterinary services.
In ES: Membership in the professional association is required for the practice of the
profession and requires European Union nationality, which may be waived through a bilateral
professional agreement.
& /en 78
In FR: EEA nationality is required for the supply of veterinary services, but the nationality
requirement may be waived subject to reciprocity. The legal forms available to a company
providing veterinary services are limited to SCP (Société civile professionnelle) and SEL
(Société d'exercise liberal). Non-discriminatory legal forms apply, however other legal forms
of company provided for by French domestic law or the law of another Member State of the
EEA and having their registered office, central administration or principal place of business
therein may be authorised, under certain conditions.
Measures:
AT: Tierärztegesetz (Veterinary Act), BGBl. Nr. 16/1975, §3 (2) (3).
ES: Real Decreto 126/2013, de 22 de febrero, por el que se aprueban los Estatutos Generales
de la Organización Colegial Veterinaria Española; Articles 62 and 64.
FR: Code rural et de la pêche maritime.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
In CY: Nationality and residency condition applies for the provision of veterinary services.
& /en 79
In EL: EEA or Swiss nationality is required for the supply of veterinary services.
In HR: Only legal and natural persons established in a Member State for the purpose of
conducting veterinary activities can supply cross border veterinary services in the Republic of
Croatia. Only Union nationals can establish a veterinary practice in the Republic of Croatia.
In HU: EEA nationality is required for membership of the Hungarian Veterinary Chamber,
necessary for supplying veterinary services.
Measures:
CY: Law 169/1990 as amended.
EL: Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010 (Gov.
Gazette 2157/B).
HR: Veterinary Act (OG 83/13, 148/13, 115/18), Articles 3 (67), Articles 105 and 121.
HU: Act CXXVII of 2012 on the Hungarian Veterinary Chamber and on the conditions how
to supply Veterinary services.
With respect to Cross-border trade in services – Local presence:
In CZ: Physical presence in the territory is required for the supply of veterinary services.
& /en 80
In IT and PT: Residency is required for the supply of veterinary services.
In PL: Physical presence in the territory is required for the supply of veterinary services to
pursue the profession of veterinary surgeon present in the territory of Poland, non- European
Union nationals have to pass an exam in Polish language organized by the Polish Chambers
of Veterinary Surgeons.
In SI: Only legal and natural persons established in a Member State for the purpose of
conducting veterinary activities can supply cross border veterinary services into the Republic
of Slovenia.
In SK: Residency in the EEA is required for registration in the professional chamber, which is
necessary for the exercise of the profession.
Measures:
CZ: Act No. 166/1999 Coll. (Veterinary Act), §58-63, 39; and
Act No. 381/1991 Coll. (on the Chamber of Veterinary Surgeons of the Czech Republic),
paragraph 4.
IT: Legislative Decree C.P.S. 233/1946, Articles 7-9; and
& /en 81
Decree of the President of the Republic (DPR) 221/1950, paragraph 7.
PL: Law of 21st December 1990 on the Profession of Veterinary Surgeon and Chambers of
Veterinary Surgeons.
PT: Decree-Law 368/91 (Statute of the Veterinary Professional Association) alterado p/
Lei 125/2015, 3 set.
SI: Pravilnik o priznavanju poklicnih kvalifikacij veterinarjev (Rules on recognition of
professional qualifications for veterinarians), Uradni list RS, št. (Official Gazette No)
71/2008, 7/2011, 59/2014 in 21/2016, Act on services in the internal market, Official Gazette
RS No 21/2010.
SK: Act 442/2004 on Private Veterinary Doctors and the Chamber of Veterinary Doctors,
Article 2.
& /en 82
(c) Retail sales of pharmaceuticals, medical and orthopaedic goods and other services provided
by pharmacists (CPC 63211)
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors:
In AT: The retail of pharmaceuticals and specific medical goods to the public may only be
carried out through a pharmacy. Nationality of a Member State of the EEA or the Swiss
Confederation is required in order to operate a pharmacy. Nationality of a Member State of
the EEA or the Swiss Confederation is required for leaseholders and persons in charge of
managing a pharmacy.
Measures:
AT: Apothekengesetz (Pharmacy Law), RGBl. Nr. 5/1907 as amended, §§ 3, 4, 12;
Arzneimittelgesetz (Medication Act), BGBl. Nr. 185/1983 as amended, §§ 57, 59, 59a; and
Medizinproduktegesetz (Medical Products Law), BGBl. Nr. 657/1996 as amended, § 99.
& /en 83
With respect to Investment liberalisation – National Treatment:
In DE: Only natural persons (pharmacists) are permitted to operate a pharmacy. Nationals of
other countries or persons who have not passed the German pharmacy exam may only obtain
a licence to take over a pharmacy which has already existed during the preceding three years.
In FR: EEA or Swiss nationality is required in order to operate a pharmacy.
Foreign pharmacists may be permitted to establish within annually established quotas.
Pharmacy opening must be authorised and commercial presence including sale at a distance of
medicinal products to the public by means of information society services, must take one of
the legal forms which are allowed under national law on a non-discriminatory basis: société
d'exercice libéral (SEL) anonyme, par actions simplifiée, à responsabilité limitée
unipersonnelle or pluripersonnelle, en commandite par actions, société en noms collectifs
(SNC) or société à responsabilité limitée (SARL) unipersonnelle or pluripersonnelle only.
Measures:
DE: Gesetz über das Apothekenwesen (ApoG; German Pharmacy Act); Bundes-
Apothekerordnung;
& /en 84
Gesetz über den Verkehr mit Arzneimitteln (AMG);
Gesetz über Medizinprodukte (MPG);
Verordnung zur Regelung der Abgabe von Medizinprodukten (MPAV)
FR: Code de la santé publique; and
Loi 90-1258 du 31 décembre 1990 relative à l'exercice sous forme de société des professions
libéralesand Loi 2015-990 du 6 août 2015.
With respect to Investment liberalisation – National Treatment:
In EL: European Union nationality is required in order to operate a pharmacy.
In HU: EEA nationality is required in order to operate a pharmacy.
In LV: In order to commence independent practice in a pharmacy, a foreign pharmacist or
pharmacist's assistant, educated in a state which is not a Member State or a Member State of
the EEA, must work for at least one year in a pharmacy in a Member State of the EEA under
the supervision of a pharmacist.
& /en 85
Measures:
EL: Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011.
HU: Act XCVIII of 2006 on the General Provisions Relating to the Reliable and
Economically Feasible Supply of Medicinal Products and Medical Aids and on the
Distribution of Medicinal Products.
LV: Pharmaceutical Law, s. 38.
With respect to Investment liberalisation – National treatment, Most-Favoured Nation
treatment and Cross-border trade in services – National treatment:
In IT: The practice of the profession is possible only for natural persons enrolled in the
register, as well as for juridical persons in the form of partnerships, where every partner of the
company must be an enrolled pharmacist. Enrolment in the pharmacist professional register
requires nationality of a Member State or residency and the practice of the profession in Italy.
Foreign nationals having the necessary qualifications may enrol if they are citizens of a
country with whom Italy has a special agreement, authorising the exercise of the profession,
under condition of reciprocity (D. Lgsl. CPS 233/1946 Articles 7-9 and D.P.R. 221/1950
paragraphs 3 and 7). New or vacant pharmacies are authorised following a public competition.
Only nationals of a Member State enrolled in the Register of pharmacists ("albo") are able to
participate in a public competition.
& /en 86
Measures:
IT: Law 362/1991, Articles 1, 4, 7 and 9;
Legislative Decree CPS 233/1946, Articles 7-9; and
Decree of the President of the Republic (D.P.R. 221/1950, paragraphs 3 and 7).
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In CY: Nationality requirement applies for the provision of retail sales of pharmaceuticals,
medical and orthopaedic goods and other services provided by pharmacists (CPC 63211).
Measures:
CY: Pharmacy and Poisons Law (Chapter 254) as amended.
With respect to Investment liberalisation – National treatment and Cross-border services –
Local presence:
In BG: Permanent residency is required for pharmacists.
& /en 87
Measures:
BG: Law on Medicinal Products in Human Medicine, arts. 146, 161, 195, 222, 228.
With respect to Cross-border trade in services – Local presence:
In DE, SK: Residency is required in order to obtain a licence as a pharmacist or to open a
pharmacy for the retail of pharmaceuticals and certain medical goods to the public.
Measures:
DE: Gesetz über das Apothekenwesen (ApoG; German Pharmacy Act);
Gesetz über den Verkehr mit Arzneimitteln (AMG);
Gesetz über Medizinprodukte (MPG);
Verordnung zur Regelung der Abgabe von Medizinprodukten (MPAV).
SK: Act 362/2011 on pharmaceuticals and medical devices, Article 6; and
Act 578/2004 on healthcare providers, medical employees, professional organisation in
healthcare.
& /en 88
Reservation No. 4 – Research and development services
Sector – sub-sector: Research and development (R&D) services
Industry classification: CPC 851, 853
Type of reservation: National treatment
Chapter: Investment liberalisation and Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
Description:
The EU: For publicly funded research and development (R&D) services benefitting from funding
provided by the European Union at the European Union level, exclusive rights or authorisations
may only be granted to nationals of the Member States and to juridical persons of the European
Union having their registered office, central administration or principal place of business in the
Union (CPC 851, 853).
& /en 89
For publicly funded R&D services benefitting from funding provided by a Member State exclusive
rights or authorisations may only be granted to nationals of the Member State concerned and to
juridical persons of the Member State concerned having their headquarters in that Member State
(CPC 851, 853).
This reservation is without prejudice to this Agreement and to the exclusion of procurement by a
Party or subsidies, in subparagraphs (e) and (f) of Article 11.1(2) of this Agreement.
Measures:
EU: All currently existing and all future European Union research or innovation framework
programmes, including the Horizon 2020 Rules for Participation and regulations pertaining to Joint
Technology Initiatives (JTIs), and the European Institute for Innovation and Technology (EIT), as
well as existing and future national, regional or local research programmes.
& /en 90
Reservation No. 5 – Real estate services
Sector – sub-sector: Real estate services
Industry classification: CPC 821, 822
Type of reservation: National treatment
Most-favoured nation treatment
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
Description:
With respect to Investment liberalisation – National treatment and Cross-border trade in services –
National treatment, Local presence:
In CY: For the supply of real estate services, nationality and residency condition applies.
& /en 91
Measures:
CY: The Real Estate Agents Law 71(1)/2010 as amended.
With respect to Cross-border trade in services – Local presence:
In CZ: Residency for natural persons and establishment for juridical persons in the Czech Republic
are required to obtain the licence necessary for the provision of real estate services.
In HR: Commercial presence in EEA is required to supply real estate services.
In PT: EEA residency is required for natural persons. EEA incorporation is required for juridical
persons.
Measures:
CZ: Trade Licensing Act.
HR: Real Estate Brokerage Act (OG 107/07 and 144/12), Article 2.
PT: Decree-Law 211/2004 (Articles 3 and 25), as amended and republished by
Decree-Law 69/2011.
& /en 92
With respect to Investment liberalisation – National treatment and Cross-border trade in services –
Local presence:
In DK: For the supply of real estate services by a natural person present in the territory of Denmark,
only authorised real estate agent who are natural persons that have been admitted to the Danish
Business Authority's real estate agent register may use the title of "real estate agent". The act
requires that the applicant be a Danish resident or a resident of the European Union, EEA or the
Swiss Confederation.
The Act on the sale of real estate is only applicable when providing real estate services to
consumers. The Act on the sale of real estate does not apply to the leasing of real estate (CPC 822).
Measures:
DK: Lov om formidling af fast ejendom m.v. lov. nr. 526 af 28.05.2014 (The Act on the sale of real
estate).
With respect to Cross-border trade in services – National treatment, Most-favoured-nation
treatment:
& /en 93
In SI: In so far as Chile allows Slovenian nationals and enterprises to supply real estate agent
services, Slovenia will allow nationals of Chile and enterprises to supply real estate agent services
under the same conditions, in addition to the fulfilment of the following requirements: entitlement
to act as a real estate agent in the country of origin, submission of the relevant document on
impunity in criminal procedures, and inscription into the registry of real estate agents at the
competent (Slovenian) ministry.
Measures:
SI: Real Estate Agencies Act.
& /en 94
Reservation No. 6 – Business services
Sector – sub-sector: Business services – rental or leasing services without operators;
services related to management consulting; technical testing and
analyses; related scientific and technical consulting services; services
incidental to agriculture; security services; placement services;
translation and interpretation services and other business services
Industry classification: ISIC Rev. 3.1 37, part of CPC 612, part of 621, part of 625, 831, part
of 85990, 86602, 8675, 8676, 87201, 87202, 87203, 87204, 87205,
87206, 87209, 87901, 87902, 87909, 88, part of 893
Type of reservation: National treatment
Most-favoured nation treatment
Senior management and boards of directors
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
& /en 95
Description:
(a) Rental or leasing services without operators (CPC 83103, CPC 831)
With respect to Investment liberalisation – National treatment:
In SE: To fly the Swedish flag, proof of dominating Swedish operating influence must be
shown in case of foreign ownership interests in ships. Dominating Swedish operating
influence means that the operation of the ship is located in Sweden and that the ship also has a
more than half of the shares of either Swedish ownership or ownership of persons in another
EEA country. Other foreign ships may under certain conditions be granted an exemption from
this rule where they are rented or leased by Swedish juridical persons through bareboat
charter contracts (CPC 83103).
Measures:
SE: Sjölagen (Maritime Law) (1994:1009), Chapter 1, § 1.
& /en 96
With respect to Cross-border trade in services – Local presence:
In SE: Suppliers of rental or leasing services of cars and certain off-road vehicles
(terrängmotorfordon) without a driver, rented or leased for a period of less than one year, are
obliged to appoint someone to be responsible for ensuring, among other things, that the
business is conducted in accordance with applicable rules and regulations and that the road
traffic safety rules are followed. The responsible person must reside in the EEA (CPC 831).
Measures:
SE: Lag (1998: 492) om biluthyrning (Act on renting and leasing cars).
& /en 97
(b) Rental or leasing services and other business services related to aviation (CPC 83104)
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment, and Cross-border trade in services – National treatment, Most-favoured-nation
treatment:
The EU: For rental or leasing of aircraft without crew (dry lease), aircraft used by an air
carrier of the European Union are subject to applicable aircraft registration requirements. A
dry lease agreement to which a European Union carrier is a party shall be subject to
requirements in the European Union or national law on aviation safety, such as prior approval
and other conditions applicable to the use of third countries' registered aircraft. To be
registered, aircraft may be required to be owned either by natural persons meeting specific
nationality criteria or by enterprises meeting specific criteria regarding ownership of capital
and control (CPC 83104).
& /en 98
With respect to computer reservation system (CRS) services, where European Union air
carriers are not accorded, by CRS services suppliers operating outside the European Union,
equivalent (meaning non-discriminatory) treatment to the treatment provided by European
Union CRS service suppliers to air carriers of a third country in the European Union, or where
European Union CRS services suppliers are not accorded, by non-European Union air
carriers, equivalent treatment to the treatment provided by air carriers in the European Union
to CRS service suppliers of a third country, measures may be taken to accord the equivalent
discriminatory treatment, respectively, to the non-European Union air carriers by the CRS
services suppliers operating in the European Union, or to the non-European Union CRS
services suppliers by European Union air carriers.
Measures:
EU: Regulation (EC) No 1008/2008 of the European Parliament and of the Council1; and
Regulation (EC) No 80/2009 of the European Parliament and of the Council2.
1 Regulation (EC) No 1008/2008 of the European Parliament and of the Council
of 24 September 2008 on common rules for the operation of air services in the Community
(OJ EU L 293, 31.10.2008, p. 3).
2 Regulation (EC) No 80/2009 of the European Parliament and of the Council
of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing
Council Regulation (EEC) No 2299/89 (OJ EU L 35, 4.2.2009, p. 47).
& /en 99
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment
In BE: Private (civil) aircraft belonging to natural persons who are not nationals of a Member
State of the EEA may only be registered if they are domiciled or resident in Belgium without
interruption for at least one year. Private (civil) aircraft belonging to foreign legal entities not
formed in accordance with the law of a member state of the EEA may only be registered if
they have a seat of operations, an agency or an office in Belgium without interruption for at
least one year (CPC 83104).
Measures:
BE: Arrêté Royal du 15 mars 1954 réglementant la navigation aérienne.
(c) Services related to management consulting – arbitration and conciliation services
(CPC 86602)
With respect to Cross-border trade in services – National treatment, Local presence:
In BG: For mediation, permanent or long-term residency in the Republic of Bulgaria is
required for citizens of countries other than a member state of the EEA or the Swiss
Confederation.
& /en 100
In HU: An authorisation, by means of admission into the register, by the minister in charge of
the juridical system is required for the pursuit of mediation (such as arbitration and
conciliation) activities which may only be granted to legal or natural persons that are
established in or resident in Hungary.
Measures:
BG: Mediation Act, Art. 8.
HU: Act LV of 2002 on Mediation.
(d) Technical testing and analysis services (CPC 8676)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In CY: The provision of services by chemists and biologists requires nationality of a
Member State.
In FR: The professions of biologist are reserved for natural persons, EEA nationality required.
& /en 101
Measures:
CY: Registration of Chemists Law of 1988 (Law 157/1988), as amended.
FR: Code de la Santé Publique.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – Local presence:
In BG: Establishment in Bulgaria according to the Bulgarian Commercial Act and registration
in the Commercial register is required for provision of technical testing and analysis services.
For the periodical inspection for proof of technical condition of road transport vehicles, the
person should be registered in accordance with the Bulgarian Commercial Act or the Non-
Profit Legal Persons Act, or else be registered in another Member State of the EEA.
The testing and analysis of the composition and purity of air and water may be conducted
only by the Ministry of Environment and Water of Bulgaria, or its agencies in co-operation
with the Bulgarian Academy of Sciences.
Measures:
BG: Technical Requirements towards Products Act;
& /en 102
Measurement Act;
Clean Ambient Air Act; and
Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of
road transport vehicles.
With respect to Investment liberalisation – National treatment, Most-favoured-nation
treatment and Cross-border trade in services – National treatment, Most-favoured-nation
treatment, Local presence:
In IT: For biologists, chemical analysts, agronomists and "periti agrari", residency and
enrolment in the professional register are required. Third country nationals can enrol under
condition of reciprocity.
Measures:
IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal
Decree 842/1928 on the profession of chemical analysts.
& /en 103
(e) Related scientific and technical consulting services (CPC 8675)
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment and Cross-border trade in services – National treatment, Most-favoured-nation
treatment, Local presence:
In IT: Residency or professional domicile in Italy is required for enrolment in the geologists'
register, which is necessary for the practice of the professions of surveyor or geologist in
order to provide services relating to the exploration and the operation of mines, etc.
Nationality of a Member State is required; however, foreigners may enrol under condition of
reciprocity.
Measures:
IT: Geologists: Law 112/1963, Articles 2 and 5; D.P.R. 1403/1965, Article 1.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
In BG: For natural persons, nationality and residency of a Member State of the EEA or the
Swiss Confederation is required in order to execute functions pertinent to geodesy,
cartography and cadastral surveying. For legal entities, trade registration under the legislation
of a Member State of the EEA or the Swiss Confederation is required.
& /en 104
Measures:
BG: Cadastre and Property Register Act; and Geodesy and Cartography Act.
With respect to Investment liberalisation – National Treatment and Cross-border trade in
services – National treatment:
In CY: Nationality requirement applies for the provision of relevant services.
Measures:
CY: Law 224/1990 as amended.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
In FR: For exploration and prospecting services establishment is required. This requirement
may be waived for scientific researchers, by decision of the Minister of scientific research, in
agreement with the Minister of Foreign affairs.
Measures:
FR: Loi 46-942 du 7 mai 1946 and décret n°71-360 du 6 mai 1971.
& /en 105
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
In HR: Services of basic geological, geodetic and mining consulting as well as related
environmental protection consulting services in the territory of Croatia can be carried out only
jointly with or through domestic juridical persons.
Measures:
HR: Ordinance on requirements for issuing approvals to juridical persons for performing
professional environmental protection activities (OG No.57/10), Arts. 32-35.
(f) Services incidental to agriculture (part of CPC 88)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Most-favoured-nation treatment, Local presence:
In IT: For biologists, chemical analysts, agronomists and "periti agrari", residency and
enrolment in the professional register are required. Third country nationals can enrol under
condition of reciprocity.
Measures:
IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal
Decree 842/1928 on the profession of chemical analysts.
& /en 106
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border
trade in services – Most-favoured-nation treatment:
In PT: The professions of biologist, chemical analyst and agronomist are reserved for natural
persons. For third-country nationals, reciprocity regime applies in the case of engineers and
technical engineers (and not a citizenship requirement). For biologists, there is not a
citizenship requirement nor a reciprocity requirement.
Measures:
PT: Decree Law 119/92 alterado p/ Lei 123/2015, 2 set. (Ordem Engenheiros);
Law 47/2011 alterado p/ Lei 157/2015, 17 set. (Ordem dos Engenheiros Técnicos); and
Decree Law 183/98 alterado p/ Lei 159/2015, 18 set. (Ordem dos Biólogos).
(g) Security Services (CPC 87302, 87303, 87304, 87305, 87309)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
In IT: Nationality of a Member State and residency is required in order to obtain the necessary
authorisation to supply security guard services and the transport of valuables.
& /en 107
In PT: The provision of security services by a foreign supplier on a cross-border basis is not
allowed.
A nationality requirement exists for specialised personnel.
Measures:
IT: Law on public security (TULPS) 773/1931, Articles 133-141; Royal Decree 635/1940,
Article 257.
PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio; and Ordinance 273/2013 alterada p/
Portaria 106/2015, 13 abril.
With respect to Investment liberalisation – National treatment, Most-Favoured Nation
treatment and Cross-border trade in services – Local presence:
In DK: Residence requirement for individuals applying for an authorisation to provide
security services.
Residence is also required for managers and the majority of members of the board of a legal
entity applying for an authorisation to conduct security services. However, residence for
management and boards of directors is not required to the extent it follows from international
agreements or orders issued by the Minister for Justice.
& /en 108
Measures:
DK: Lovbekendtgørelse 2016-01-11 nr. 112 om vagtvirksomhed.
With respect to Cross-border trade in services – Local presence:
In EE: Residency is required for security guards.
Measures:
EE: Turvaseadus (Security Act) § 21, § 22.
(h) Placement Services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment (applies to the regional level of government):
In BE: In all Regions in Belgium, a company having its head office outside the EEA has to
demonstrate that it supplies placement services in its country of origin. In the Walloon
Region, a specific type of legal entity (régulièrement constituée sous la forme d'une personne
morale ayant une forme commerciale, soit au sens du droit belge, soit en vertu du droit d'un
Etat membre ou régie par celui-ci, quelle que soit sa forme juridique) is required to supply
placement services. A company having its head office outside the EEA has to demonstrate
that it fulfils the conditions as set out in the Decree (for instance on the type of legal entity).
In the German-speaking community, a company having its head office outside the EEA has to
fulfil the admission criteria established by the mentioned Decree (CPC 87202).
& /en 109
Measures:
BE: Flemish Region: Article 8, § 3, Besluit van de Vlaamse Regering van 10 december 2010
tot uitvoering van het decreet betreffende de private arbeidsbemiddeling.
Walloon Region: Décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences
de placement (Decree of 3 April 2009 on registration of placement agencies), Article 7; and
Arrêté du Gouvernement wallon du 10 décembre 2009 portant exécution du décret
du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences de placement (Decision
of the Walloon Government of 10 December 2009 implementing the Decree of 3 April 2009
on registration of placement agencies), Article 4.
German-speaking community: Dekret über die Zulassung der Leiharbeitsvermittler und die
Überwachung der privaten Arbeitsvermittler / Décret du 11 mai 2009 relatif à l'agrément des
agences de travail intérimaire et à la surveillance des agences de placement privées, Article 6.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
& /en 110
In DE: Nationality of a Member State of the EEA or a commercial presence in the European
Union is required in order to obtain a licence to operate as a temporary employment agency
(pursuant to s. 3 paragraphs 3 to 5 of this Act on temporary agency work
(Arbeitnehmerüberlassungsgesetz). The Federal Ministry of Labour and Social Affairs may
issue a regulation concerning the placement and recruitment of non-EEA personnel for
specified professions e.g. for health and care related professions. The licence or its extension
shall be refused if establishments, parts of establishments or ancillary establishments which
are not located in the EEA are intended to execute the temporary employment (pursuant to
Sec. 3 paragraph 2 of the Act on temporary agency work (Arbeitnehmerüberlassungsgesetz).
In ES: Prior to the start of the activity, placement agencies are required to submit a sworn
statement certifying the fulfilment of the requirements stated by the current legislation
(CPC 87201, 87202).
Measures:
DE: Gesetz zur Regelung der Arbeitnehmerüberlassung (AÜG);
Sozialgesetzbuch Drittes Buch (SGB III; Social Code, Book Three) – Employment
Promotion;
Verordnung über die Beschäftigung von Ausländerinnen und Ausländern (BeschV; Ordinance
on the Employment of Foreigners).
& /en 111
ES: Real Decreto-ley 8/2014, de 4 de julio, de aprobación de medidas urgentes para el
crecimiento, la competitividad y la eficiencia (tramitado como Ley 18/2014, de 15 de
octubre).
(i) Translation and interpretation services (CPC 87905)
With respect to Investment liberalisation – National treatment:
In BG: To carry out official translation activities foreign natural persons are required to hold a
permit for long-term, prolonged or permanent residency in the Republic of Bulgaria.
Measures:
BG: Regulation for the legalisation, certification and translation of documents.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In CY: Registration to the Register of Sworn Translators of the Council of Registration of
Sworn Translators is necessary for the provision of official translation and certification
services. Nationality requirement applies.
In HR: EEA nationality is required for certified translators.
& /en 112
Measures:
CY: The Registration and Regulation of Certified Translator Services Law of 2019
(45(I)/2019) as amended.
HR: Ordinance on permanent court interpreters (OG 88/2008), Article 2.
With respect to Cross-border trade in services – Local presence:
In FI: Residency in the EEA is required for certified translators.
Measures:
FI: Laki auktorisoiduista kääntäjistä (Act on Authorised Translators) (1231/2007), s. 2(1)).
(j) Other business services (part of CPC 612, part of 621, part of 625, 87901, 87902, 88493, part
of 893, part of 85990, 87909, ISIC 37)
With respect to Cross-border trade in services – Local presence:
In SE: Establishment is required for Pawn-shops (part of CPC 87909).
& /en 113
Measures:
SE: Pawn shop act (1995:1000).
With respect to Investment liberalisation – National Treatment:
In PT: Nationality of a Member State is required for the provision of collection agency
services and credit reporting services (CPC 87901, 87902).
Measures:
PT: Law 49/2004.
With respect to Investment liberalisation – National Treatment and Cross-border trade in
services – Local presence:
In CZ: Auction services are subject to licence. To obtain a licence (for the supply of voluntary
public auctions), a company must be incorporated in the Czech Republic and a natural person
is required to obtain a residency permit, and the company, or natural person must be
registered in the Commercial Register of the Czech Republic (part of CPC 612, part of 621,
part of 625, part of 85990).
& /en 114
Measures:
CZ: Act no.455/1991 Coll.;
Trade Licence Act; and
Act no. 26/2000 Coll., on public auctions.
With respect to Cross-border trade in services – Local presence:
In CZ: Only an authorised package company is allowed to supply services relating to
packaging take-back and recovery and must be established as juridical person (CPC 88493,
ISIC 37).
Measures:
CZ: Act. 477/2001 Coll. (Packaging Act) paragraph 16.
& /en 115
Reservation No. 7 – Construction Services
Sector – sub-sector: Construction and related engineering services
Industry classification: CPC 51
Type of reservation: National treatment
Chapter: Investment liberalisation; Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
Description:
In CY: Nationality requirement.
Measure:
CY: The Registration and Control of Contractors of Building and Technical Works Law of 2001
(29 (I) / 2001), Articles 15 and 52.
& /en 116
Reservation No. 8 – Distribution services
Sector – sub-sector: Distribution services – general, distribution of tobacco
Industry classification: CPC 3546, part of 621, 6222, 631, part of 632
Type of reservation: National treatment
Local presence
Chapter: Investment liberalisation; Cross-Border trade in services
Level of government: EU/Member State (unless otherwise specified)
Description:
(a) Distribution services (CPC 3546, 631, 632 except 63211, 63297, 62276, part of 621)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In CY: Nationality requirement exists for distribution services provided by pharmaceutical
representatives (CPC 62117).
& /en 117
Measures:
CY: Law 74(I) 2020 as amended.
With respect to Cross-border trade in services – Local presence:
In LT: The distribution of pyrotechnics is subject to licensing. Only juridical persons of the
European Union may obtain a licence (CPC 3546).
Measures:
LT: Law on Supervision of Civil Pyrotechnics Circulation (23 March 2004. No. IX-2074).
(b) Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In ES: Establishment is subject to a Member State nationality requirement. Only natural
persons may operate as a tobacconist. Each tobacconist cannot obtain more than one license
(CPC 63108).
In FR: Nationality requirement for tobacconists (buraliste) (part of CPC 6222, part of 6310).
& /en 118
Measures:
ES: Law 14/2013 of 27 September 2014.
FR: Code général des impôts.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In AT: Authorisations are given with priority to nationals of a Member State of the EEA
(CPC 63108).
Measures:
AT: Tobacco Monopoly Act 1996, § 5 and § 27.
With respect to Inve Cross-border trade in services – National treatment:
In IT: In order to distribute and sell tobacco, a licence is needed. The licence is granted
through public procedures. The granting of licences is subject to an economic needs test.
Main criteria: population and geographical density of existing selling points (part of
CPC 6222, part of 6310).
& /en 119
Measures:
IT: Legislative Decree 184/2003;
Law 165/1962;
Law 3/2003;
Law 1293/1957;
Law 907/1942; and
Decree of the President of the Republic (D.P.R.) 1074/1958.
& /en 120
Reservation No. 9 – Education services
Sector – sub-sector: Education services (privately funded)
Industry classification: CPC 921, 922, 923, 924
Type of reservation: National treatment
Senior management and boards of directors
Local presence
Chapter: Investment liberalisation; Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
Description:
With respect to Investment liberalisation – National treatment, Senior management and boards of
directors:
In CY: Nationality of a Member State is required for owners and majority shareholders in a
privately funded school. Nationals of Chile may obtain authorisation from the Minister of Education
in accordance with the specified form and conditions.
& /en 121
Measures:
CY: Private Schools Law of 2019 (N. 147(I)/2019), as amended; The Institutions of Tertiary
Education Law 1996 (N. 67(I)/1996) as amended; and the Private Universities (Establishment,
Operation and Control) Law 2005 (N. 109(I)/2005) as amended.
With respect to Investment liberalisation – National treatment and Cross-border trade in services –
National treatment, Local presence:
In BG: Privately funded primary and secondary education services may only be supplied by
authorised Bulgarian enterprises (commercial presence is required). Bulgarian kindergartens and
schools having foreign participation may be established or transformed at the request of
associations, or corporations, or enterprises of Bulgarian and foreign natural or legal entities, duly
registered in Bulgaria, by decision of the Council of Ministers on a motion by the Minister of
Education and Science. Foreign owned kindergartens and schools may be established or
transformed at the request of foreign legal entities in accordance with international agreements and
conventions and under the provisions above. Foreign higher education institutions cannot establish
subsidiaries in the territory of Bulgaria. Foreign higher education institutions may open faculties,
departments, institutes and colleges in Bulgaria only within the structure of Bulgarian high schools
and in cooperation with them (CPC 921, 922).
& /en 122
Measures:
BG: Pre-school and School Education Act; and
Law for the Higher Education, paragraph 4 of the additional provisions.
With respect to Investment liberalisation – National treatment, Local presence:
In SI: Privately funded elementary schools may be founded by Slovenian natural or juridical
persons only. The service supplier must establish a registered office or branch office (CPC 921).
Measures:
SI: Organisation and Financing of Education Act (Official Gazette of Republic of Slovenia,
no. 12/1996) and its revisions, Article 40.
With respect to Cross-border trade in services – Local presence:
In CZ and SK: Establishment in a Member State is required to apply for state approval to operate as
a privately funded higher education institution. This reservation does not apply to post-secondary
technical and vocational education services (CPC 92310).
& /en 123
Measures:
CZ: Act No. 111/1998, Coll. (Higher Education Act), § 39; and
Act No. 561/2004 Coll. on Pre-school, Basic, Secondary, Tertiary Professional and Other Education
(the Education Act).
SK: Law No. 131 of 21 February 2002 on Universities.
With respect to Investment liberalisation – National treatment, Senior management and boards of
directors and Cross-border trade in services – Local presence:
In EL: Nationality of a Member State is required for owners and a majority of the members of the
board of directors in privately funded primary and secondary schools, and for teachers in privately
funded primary and secondary education (CPC 921, 922). Education at university level shall be
provided exclusively by institutions which are fully self-governed public law juridical persons.
However, Law 3696/2008 permits the establishment by European Union residents (natural or
juridical persons) of private tertiary education institutions granting certificates which are not
recognised as being equivalent to university degrees (CPC 923).
Measures:
EL: Laws 682/1977, 284/1968, 2545/1940, Presidential Degree 211/1994 as amended by
Presidential Degree 394/1997, Constitution of Hellas, Article 16, paragraph 5 and Law 3549/2007.
& /en 124
With respect to Investment liberalisation – National treatment, Most-favoured nation treatment and
Cross-border trade in services – National treatment:
In FR: Nationality of a Member State is required in order to teach in a privately funded educational
institution (CPC 921, 922, 923). However, nationals of Chile may obtain an authorisation from the
relevant competent authorities in order to teach in primary, secondary and higher level educational
institutions. Nationals of Chile may also obtain an authorisation from the relevant competent
authorities in order to establish and operate or manage primary, secondary or higher level
educational institutions. Such authorisation is granted on a discretionary basis.
Measures:
FR: Code de l'éducation.
With respect to Investment – National treatment and Cross-border trade in services – National
treatment:
In MT: Service suppliers seeking to provide privately funded higher or adult education services
must obtain a licence from the Ministry of Education and Employment. The decision on whether to
issue a licence may be discretionary (CPC 923, 924).
Measures:
MT: Legal Notice 296 of 2012.
& /en 125
Reservation No. 10 – Environmental services
Sector – sub-sector: Environmental services – processing and recycling of used batteries
and accumulators, old cars and waste from electrical and electronic
equipment; protection of ambient air and climate cleaning services of
exhaust gases
Industry classification: Part of CPC 9402, 9404
Type of reservation: Local presence
Chapter: Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
Description:
In SE: Only entities established in Sweden or having their principal seat in Sweden are eligible for
accreditation to perform control services of exhaust gas (CPC 9404).
In SK: For processing and recycling of used batteries and accumulators, waste oils, old cars and
waste from electrical and electronic equipment, incorporation in the EEA is required (residency
requirement) (part of CPC 9402).
& /en 126
Measures:
SE: The Vehicles Act (2002:574).
SK: Act 79/2015 on Waste.
& /en 127
Reservation No. 11 – Health services and social services
Sector – sub-sector: Health services and social services
Industry classification: CPC 931, 933
Type of reservation: National treatment
Chapter: Investment liberalisation and Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
Description:
With respect to Investment liberalisation – National treatment:
In FR: For hospital and ambulance services, residential health facilities (other than hospital
services) and social services, an authorisation is necessary in order to exercise management
functions. The authorisation process takes into account the availability of local managers.
Measures:
FR: Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, Loi
n°2011-940 du 10 août 2011 modifiant certaines dipositions de la loi n°2009-879 dite HPST, Loi
n°47-1775 portant statut de la coopération; and Code de la santé publique.
& /en 128
Reservation No. 12 – Tourism and travel related services
Sector – sub-sector: Tourism and travel related services – hotels, restaurants and catering;
travel agencies and tour operators services (including tour managers);
tourist guides services
Industry classification: CPC 641, 642, 643, 7471, 7472
Type of reservation: National treatment
Senior management and boards of directors
Local presence
Chapter: Investment liberalisation; Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
Description:
With respect to Investment liberalisation – National treatment, Senior management and boards of
directors and Cross-border trade in services –National treatment:
& /en 129
In BG: Tour operation or travel agency services may be provided by a person established in the
EEA if, upon establishment in the territory of Bulgaria, the said person presents a copy of a
document certifying the right thereof to practice that activity and a certificate or another document
issued by a credit institution or an insurer containing data of the existence of insurance covering the
liability of the said person for damage which may ensue as a result of a culpable non-fulfilment of
professional duties. The number of foreign managers may not exceed the number of managers who
are Bulgarian nationals, in cases where the public (state or municipal) share in the equity capital of
a Bulgarian company exceeds 50 %. EEA nationality requirement for tourist guides (CPC 641, 642,
643, 7471, 7472).
Measures:
BG: Law for Tourism, Articles 61, 113 and 146.
With respect to Investment liberalisation – National treatment and Cross-border trade in services –
National treatment, Local presence:
In CY: A licence to establish and operate a tourism and travel company or agency, as well as the
renewal of an operating licence of an existing company or agency, shall be granted only to
European Union natural or juridical persons. No non-resident company except those established in
another Member State, can provide in the Republic of Cyprus, on an organised or permanent basis,
the activities referred to under Article 3 of the abovementioned Law, unless represented by a
resident company. The provision of tourist guide services and travel agencies and tour operators
services requires nationality of a Member State (CPC 7471, 7472).
& /en 130
Measures:
CY: The Tourism and Travel Offices and Tourist Guides Law 1995 (Law 41(I)/1995) as amended).
With respect to Investment liberalisation –National treatment, Most-favoured nation treatment and
Cross-border trade in services –National treatment, Most-favoured nation treatment:
In EL: Third-country nationals have to obtain a diploma from the Tourist Guide Schools of the
Greek Ministry of Tourism, in order to be entitled to the right of practicing the profession. By
exception, the right of practicing the profession can be temporarily (up to one year) accorded to
third-country nationals under certain explicitly defined conditions, by way of derogation of the
above mentioned provisions, in the event of the confirmed absence of a tourist guide for a specific
language.
Measures:
EL: Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B),
Article 50 of the law 4403/2016, Article 47 of the law 4582/2018 (Gov. Gazette 208/A).
With respect to Investment liberalisation – National treatment and Cross-border trade in services –
National treatment:
In ES (for ES applies also to the regional level of government): Nationality of a Member State is
required for the provision of tourist guide services (CPC 7472).
& /en 131
In HR: EEA nationality is required for hospitality and catering services in households and rural
homesteads (CPC 641, 642, 643, 7471, 7472).
Measures:
ES: Andalucía: Decreto 8/2015, de 20 de enero, Regulador de guías de turismo de Andalucía;
Aragón: Decreto 21/2015, de 24 de febrero, Reglamento de Guías de turismo de Aragón;
Cantabria: Decreto 51/2001, de 24 de julio, Article 4, por el que se modifica el Decreto 32/1997,
de 25 de abril, por el que se aprueba el reglamento para el ejercicio de actividades
turísticoinformativas privadas;
Castilla y León: Decreto 25/2000, de 10 de febrero, por el que se modifica el Decreto 101/1995,
de 25 de mayo, por el que se regula la profesión de guía de turismo de la Comunidad Autónoma de
Castilla y León;
Castilla la Mancha: Decreto 86/2006, de 17 de julio, de Ordenación de las Profesiones Turísticas;
Cataluña: Decreto Legislativo 3/2010, de 5 de octubre, para la adecuación de normas con rango de
ley a la Directiva 2006/123/CE, del Parlamento y del Consejo, de 12 de diciembre de 2006, relativa
a los servicios en el mercado interior, Article 88;
& /en 132
Comunidad de Madrid: Decreto 84/2006, de 26 de octubre del Consejo de Gobierno, por el que se
modifica el Decreto 47/1996, de 28 de marzo;
Comunidad Valenciana: Decreto 90/2010, de 21 de mayo, del Consell, por el que se modifica el
reglamento regulador de la profesión de guía de turismo en el ámbito territorial de la Comunitat
Valenciana, aprobado por el Decreto 62/1996, de 25 de marzo, del Consell;
Extremadura: Decreto 37/2015, de 17 de marzo;
Galicia: Decreto 42/2001, de 1 de febrero, de Refundición en materia de agencias de viajes, guias
de turismo y turismo activo;
Illes Balears: Decreto 136/2000, de 22 de septiembre, por el cual se modifica el Decreto 112/1996,
de 21 de junio, por el que se regula la habilitación de guía turístico en las Islas Baleares; Islas
Canarias: Decreto 13/2010, de 11 de febrero, por el que se regula el acceso y ejercicio de la
profesión de guía de turismo en la Comunidad Autónoma de Canarias, Article 5;
La Rioja: Decreto 14/2001, de 4 de marzo, Reglamento de desarrollo de la Ley de Turismo de La
Rioja;
Navarra: Decreto Foral 288/2004, de 23 de agosto. Reglamento para actividad de empresas de
turismo activo y cultural de Navarra.
& /en 133
Principado de Asturias: Decreto 59/2007, de 24 de mayo, por el que se aprueba el Reglamento
regulador de la profesión de Guía de Turismo en el Principado de Asturias; and
Región de Murcia: Decreto n.º 37/2011, de 8 de abril, por el que se modifican diversos decretos en
materia de turismo para su adaptación a la ley 11/1997, de 12 de diciembre, de turismo de la Región
de Murcia tras su modificación por la ley 12/2009, de 11 de diciembre, por la que se modifican
diversas leyes para su adaptación a la directiva 2006/123/CE, del Parlamento Europeo y del
Consejo de 12 de diciembre de 2006, relativa a los servicios en el mercado interior.
HR: Hospitality and Catering Industry Act (OG 138/06, 152/08, 43/09, 88/10 i 50/12); and Act on
Provision of Tourism Services (OG No. 68/07 and 88/10).
With respect to Investment liberalisation – National treatment and Cross-border trade in services –
National treatment:
In HU: The supply of travel agent and tour operator services, and tourist guide services on a
cross-border basis is subject to a licence issued by the Hungarian Trade Licensing Office. Licences
are reserved to EEA nationals and juridical persons having their seats in the EEA
(CPC 7471, 7472).
& /en 134
In IT (applies also to the regional level of government): tourist guides from non-European Union
countries need to obtain a specific licence from the region in order to act as a professional tourist
guide. Tourist guides from Member States can work freely without the requirement for such a
licence. The licence is granted to tourist guides demonstrating adequate competence and knowledge
(CPC 7472).
Measures:
HU: Act CLXIV of 2005 on Trade, Government Decree No. 213/1996 (XII.23.) on Travel
Organisation and Agency Activities.
IT: Law 135/2001 Articles 7.5 and 6; and Law 40/2007 (DL 7/2007).
& /en 135
Reservation No. 13 – Recreational, cultural and sporting services
Sector – sub-sector: Recreational services; other sporting services
Industry classification: CPC 962, part of 96419
Type of reservation: National treatment
Senior management and boards of directors
Chapter: Investment liberalisation; Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
Description:
(a) News and press agencies (CPC 962)
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors]:
In CY: Establishment and operation of press agencies/sub-agencies in Cyprus is granted only
to citizens of Cyprus or EU citizens or to legal entities governed by citizens of Cyprus or EU
citizens.
& /en 136
Measures:
CY: Press Law (N.145/89) as amended
(b) Other sporting services (CPC 96419)
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors and Cross-border trade in services – National treatment:
In AT (applies to the regional level of government): The operation of ski schools and
mountain guide services is governed by the laws of the Bundesländer. The provision of these
services may require nationality of a Member State of the EEA. Enterprises may be required
to appoint a managing director who is a national of a Member State of the EEA.
Measures:
AT: Kärntner Schischulgesetz, LGBL. Nr. 53/97;
Kärntner Berg- und Schiführergesetz, LGBL. Nr. 25/98;
NÖ- Sportgesetz, LGBL. Nr. 5710;
OÖ- Sportgesetz, LGBl. Nr. 93/1997;
& /en 137
Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr. 83/89;
Salzburger Bergführergesetz, LGBL. Nr. 76/81;
Steiermärkisches Schischulgesetz, LGBL. Nr. 58/97;
Steiermärkisches Berg- und Schiführergesetz, LGBL. Nr. 53/76;
Tiroler Schischulgesetz. LGBL. Nr. 15/95;
Tiroler Bergsportführergesetz, LGBL. Nr. 7/98;
Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 §4 (2)a;
Vorarlberger Bergführergesetz, LGBL. Nr. 54/02; and
Wien: Gesetz über die Unterweisung in Wintersportarten, LGBL. Nr. 37/02.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In CY: Nationality requirement for the establishment of a dance school and nationality
requirement for physical instructors.
& /en 138
Measures:
CY: Law 65(I)/1997 as amended; and
Law 17(I) /1995 as amended.
& /en 139
Reservation No. 14 – Transport services and services auxiliary to transport services
Sector – sub-sector: Transport services – fishing and water transportation – any other
commercial activity undertaken from a ship; water transportation and
auxiliary services for water transport; rail transport and auxiliary
services to rail transport; road transport and services auxiliary to road
transport; services auxiliary to air transport services
Industry classification: ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 711, 712, 721, 741, 742,
743, 744, 745, 748, 749, 7461, 7469, 83103, 86751, 86754, 8730, 882
Type of reservation: National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Local presence
Chapter: Investment liberalisation; Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
& /en 140
Description:
(a) Maritime transport and auxiliary services for maritime transport. Any commercial activity
undertaken from a ship (ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 721, Part of 742, 745,
74540, 74520, 74590, 882)
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors; Cross-border trade in services – National treatment:
In BG: The carriage and any activities related to hydraulic-engineering and underwater
technical works, prospecting and extraction of mineral and other inorganic resources,
pilotage, bunkering, receipt of waste, water-and-oil mixtures and other such, performed by
vessels in the internal waters, and the territorial sea of Bulgaria, may only be performed by
vessels flying the Bulgarian flag or vessels flying the flag of another Member State.
Nationality requirement for supporting services. The master and the chief engineer of the
vessel shall mandatorily be nationals of a Member State of the EEA, or of the Swiss
Confederation. (ISIC Rev. 3.1 0501, 0502, CPC 5133, 5223, 721, 74520, 74540, 74590, 882).
& /en 141
Measures:
BG: Merchant Shipping Code; Law For the Sea Water, Inland Waterways and Ports of the
Republic of Bulgaria; Ordinance for the condition and order for selection of Bulgarian carriers
for carriage of passengers and cargoes under international treaties; and Ordinance 3 for
servicing of unmanned vessels.
With respect to Cross-border trade in services – Local presence:
In DK: Pilotage-providers may only conduct pilotage service in Denmark, if they are
domiciled in the EEA and registered and approved by the Danish Authorities in accordance
with the Danish Act on Pilotage (CPC 74520).
Measures:
DK: Danish Pilotage Act, §18.
& /en 142
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment and Cross-border trade in services – National treatment, Most-favoured-nation
treatment:
In DE (applies also to the regional level of government): A vessel that does not belong to a
national of a Member State may only be used for activities other than transport and auxiliary
services in the German federal waterways after specific authorisation. Waivers for non-
European Union vessels may only be granted if no European Union vessels are available or if
they are available under very unfavourable conditions, or on the basis of reciprocity. Waivers
for vessels flying under Chilean flag may be granted on the basis of reciprocity (§ 2
paragraph 3 KüSchVO). All activities falling within the scope of the pilot law are regulated
and accreditation is restricted to nationals of the EEA or the Swiss Confederation. Provision
and Operation of facilities for pilotage is restricted to public authorities or companies, which
are designated by them.
For rental or leasing of seagoing vessels with or without operators, and for rental or leasing
without operator of non-seagoing vessels, the conclusion of contracts for freight transport by
ships flying a foreign flag or the chartering of such vessels may be restricted, depending on
the availability of ships flying under the German flag or the flag of another Member State.
& /en 143
Transactions between residents and non-residents concerning within the economic area may
be restricted (Water transport, Supporting services for water transport, Rental of ships,
Leasing services of ships without operators (CPC 721, 745, 83103, 86751, 86754, 8730)), if
they concern:
(i) rental of inland waterway transport vessels, which are not registered in the economic
area;
(ii) transport of freight with such inland waterway transport vessels; or
(iii) towing services by such inland waterway transport vessels.
Measures:
DE: Gesetz über das Flaggenrecht der Seeschiffe und die Flaggenführung der Binnenschiffe
(Flaggenrechtsgesetz; Flag Protection Act);
Verordnung über die Küstenschifffahrt (KüSchV);
Gesetz über die Aufgaben des Bundes auf dem Gebiet der Binnenschiffahrt
(Binnenschiffahrtsaufgabengesetz – BinSchAufgG);
& /en 144
Verordnung über Befähigungszeugnisse in der Binnenschiffahrt
(Binnenschifferpatentverordnung – BinSchPatentV);
Gesetz über das Seelotswesen (Seelotsgesetz – SeeLG);
Gesetz über die Aufgaben des Bundes auf dem Gebiet der Seeschiffahrt (Seeaufgabengesetz –
SeeAufgG); and
Verordnung zur Eigensicherung von Seeschiffen zur Abwehr äußerer Gefahren (See-
Eigensicherungsverordnung – SeeEigensichV).
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In FI: Supporting services for maritime transport when provided in Finnish maritime waters
are reserved to fleets operating under the national, European Union or Norwegian flag
(CPC 745).
Measures:
FI: Merilaki (Maritime Act) (674/1994); and
Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919),
s. 4.
& /en 145
(b) Rail transport and auxiliary services to rail transport (CPC 711, 743)
With respect to Investment liberalisation – National treatment, and Cross-border trade in
services – National treatment, Local presence:
In BG: Only nationals of a Member State may provide rail transport or supporting services for
rail transport in Bulgaria. A licence to carry out passenger or freight transportation by rail is
issued by the Minister of Transport to railway operators registered as traders (CPC 711, 743).
Measures:
BG: Law for Railway Transport, Articles. 37, 48.
(c) Road transport and services auxiliary to road transport (CPC 712, 7121, 7122, 71222, 7123)
With respect to Investment liberalisation – National treatment, Most-favoured-nation
treatment, and Cross-border trade in services – National treatment, Local presence:
In AT (with respect also to Most-favoured-nation treatment): For passenger and freight
transportation, exclusive rights or authorisations may only be granted to nationals of the
Contracting Parties of the EEA and to juridical persons of the European Union having their
headquarters in Austria. Licences are granted on non–discriminatory terms, under condition of
reciprocity (CPC 712).
& /en 146
Measures:
AT: Güterbeförderungsgesetz (Goods Transportation Act), BGBl. Nr. 593/1995; § 5;
Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGBl. Nr. 112/1996; § 6; and
Kraftfahrliniengesetz (Law on Scheduled Transport), BGBl. I Nr. 203/1999 as amended, §§ 7
and 8.
With respect to Investment liberalisation – National treatment, Most-favoured-nation
treatment:
In EL: For operators of road freight transport services. In order to engage in the occupation of
road freight transport operator a Hellenic licence is needed. Licences are granted on non–
discriminatory terms, under condition of reciprocity (CPC 7123).
Measures:
EL: Licensing of road freight transport operators: Greek law 3887/2010 (Government Gazette
A' 174), as amended by Article 5 of law 4038/2012 (Government Gazette A' 14).
With respect to Cross-border trade in services – Local presence:
In CZ: Establishment in the Czech Republic is required.
& /en 147
Measures:
CZ: Act no. 111/1994. Coll. on Road Transport.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Most-favoured-nation treatment:
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).
Criteria for receiving a licence for other road transport operators require that the company be
established in the European Union, have an establishment situated in Sweden and have
appointed a natural person to act as the transport manager, who must be resident in the
European Union.
Measures:
SE: Yrkestrafiklag (2012:210) (Act on professional traffic);
Yrkestrafikförordning (2012:237) (Government regulation on professional traffic);
& /en 148
Taxitrafiklag (2012:211) (Act on Taxis); and
Taxitrafikförordning (2012:238) (Government regulation on taxis).
With respect to Cross-border trade in services – Local presence:
In SK: A taxi service concession and a permit for the operation of taxi dispatching can be
granted to a person who has a residence or place of establishment in the territory of the Slovak
Republic or in another EEA Member State.
Measures:
SK: Act 56/2012 Coll. on Road Transport
(d) Services auxiliary to air transport services
With respect to Investment liberalisation – National treatment, Most-favoured-nation
treatment and Cross-border trade in services – National treatment, Most-favoured-nation
treatment:
In EU: For groundhandling services, establishment within the European Union territory may
be required. Reciprocity is required.
& /en 149
Measures:
EU: Council Directive 96/67/EC of 15 October 19961.
In BE (applies also to the regional level of government): For groundhandling services,
reciprocity is required.
Measures:
BE: Arrêté Royal du 6 novembre 2010 réglementant l'accès au marché de l'assistance en
escale à l'aéroport de Bruxelles-National (Article 18);
Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de
Vlaamse regionale luchthavens (Article 14); and
Arrêté du Gouvernement wallon réglementant l'accès au marché de l'assistance en escale aux
aéroports relevant de la Région wallonne (Article14).
1 Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at
Community airports (OJ EU L 272, 25.10.1996, p. 36).
& /en 150
(e) Supporting services for all modes of transport (part of CPC 748)
With respect to Cross-border trade in services – Local presence:
The EU (applies also to the regional level of government): Customs clearance services may
only be provided by European Union residents or juridical persons established in the
European Union.
Measures:
EU: Regulation (EU) No 952/2013 of the European Parliament and of the Council1
1 Regulation (EU) No 952/2013 of the European Parliament and of the Council
of 9 October 2013 laying down the Union Customs Code (OJ EU L 269, 10.10.2013, p. 1).
& /en 151
(f) Provision of combined transport services
With respect to Cross-border trade in services – Local presence:
The EU (applies also to the regional level of government): With the exception of FI: only
hauliers established in a Member State who meet the conditions of access to the occupation
and access to the market for transport of goods between Member States may, in the context of
a combined transport operation between Member States, carry out initial or final road haulage
legs which form an integral part of the combined transport operation and which may or may
not include the crossing of a frontier. Limitations affecting any given modes of transport
apply.
Necessary measures can be taken to ensure that the motor vehicle taxes applicable to road
vehicles routed in combined transport are reduced or reimbursed.
Measures:
EU: Council Directive 1992/106/EEC1.
1 Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for
certain types of combined transport of goods between Member States (OJ EU L 368,
17.12.1992, p. 38).
& /en 152
Reservation No. 15 – Mining and Energy related activities
Sector – sub-sector: Mining and quarrying – energy producing materials; mining and
quarrying – metal ores and other mining; Energy related activities –
production, transmission and distribution on own account of
electricity, gas, steam and hot water; pipeline transportation of fuels;
storage and warehouse of fuels transported through pipelines; and
services incidental to energy distribution
Industry classification: ISIC Rev. 3.1 10, 11, 12, 13, 14, 40, CPC 5115, 63297, 713, part
of 742, 8675, 883, 887
Type of reservation: National treatment
Senior management and boards of directors
Local presence
Chapter: Investment liberalisation; Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
& /en 153
Description:
(a) Mining and quarrying (ISIC Rev. 3.1 10, 11, 12: CPC 5115, 7131, 8675, 883)
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment:
In BG: The activities of prospecting or exploration of underground natural resources on the
territory of the Republic of Bulgaria, in the continental shelf and in the exclusive economic
zone in the Black Sea are subject to permission, while the activities of extraction and
exploitation are subject to concession granted under the Underground Natural Resources Act.
It is forbidden for companies registered in preferential tax treatment jurisdictions (that is,
offshore zones) or related, directly or indirectly, to such companies to participate in open
procedures for granting permits or concessions for prospecting, exploration or extraction of
natural resources, including uranium and thorium ores, as well as to operate an existing permit
or concession which has been granted, as such operations are precluded, including the
possibility to register the geological or commercial discovery of a deposit as a result of
exploration.
The mining of uranium ore is closed by Decree of the Council of Ministers No. 163
of 20 August 1992.
& /en 154
With regard to exploration and mining of thorium ore, the general regime of permits and
concessions applies. Decisions to allow the exploration or mining of thorium ore are taken on
a non-discriminatory individual case-by-case basis.
According to Decision of the National Assembly of the Republic of Bulgaria
of 18 January 2012 (ch. 14 June 2012) any usage of hydraulic fracturing technology that is,
fracking, for activities of prospecting, exploration or extraction of oil and gas is forbidden.
Exploration and extraction of shale gas is forbidden (ISIC 10, 11, 12, 13, 14).
Measures:
BG: Underground Natural Resources Act;
Concessions Act;
Law on Privatisation and Post-Privatisation Control;
Safe Use of Nuclear Energy Act; Decision of the National Assembly of the Republic of
Bulgaria of 18 January 2012; Economic and Financial Relations with Companies Registered
in Preferential Tax Treatment Jurisdictions, the Persons Controlled Thereby and Their
Beneficial Owners Act; and Subsurface Resources Act.
& /en 155
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment:
In CY: The Council of Ministers may refuse to allow the activities of prospection, exploration
and exploitation of hydrocarbons to be carried out by any entity which is effectively
controlled by Chile or by nationals of Chile. After the granting of an authorisation, no entity
may come under the direct or indirect control of Chile or a national of Chile without the prior
approval of the Council of Ministers. The Council of Ministers may refuse to grant an
authorisation to an entity which is effectively controlled by Chile or by a national of Chile, if
Chile does not grant entities of the Republic of Cyprus or entities of Member States as regards
access to and exercise of the activities of prospecting, exploring for and exploiting
hydrocarbons, treatment comparable to that which the Republic of Cyprus or Member State
grants entities from Chile (ISIC Rev 3.1 1110).
Measures:
CY: The Hydrocarbons (Prospection, Exploration and Exploitation Law) of 2007,
(Law 4(I)/2007) as amended.
& /en 156
With respect to Investment liberalisation – National treatment and Cross-border services –
Local presence:
In SK: For mining, activities related to mining and geological activity, incorporation in the
EEA is required (no branching). Mining and prospecting activities covered by Act of the
Slovak Republic 44/1988 on protection and exploitation of natural resources are regulated on
a non-discriminatory basis, including through public policy measures seeking to ensure the
conservation and protection of natural resources and the environment such as the
authorisation or prohibition of certain mining technologies. For greater certainty, such
measures include the prohibition of the use of cyanide leaching in the treatment or refining of
minerals, the requirement of a specific authorisation in the case of fracking for activities of
prospecting, exploration or extraction of oil and gas, as well as prior approval by local
referendum in the case of nuclear/radioactive mineral resources. This does not increase the
non-conforming aspects of the existing measure for which the reservation is taken.
(ISIC 10, 1112, 13, 14, CPC 5115, 7131, 8675 and 883).
Measures
SK: Act 51/1988 on Mining, Explosives and State Mining Administration; and Act 569/2007
on Geological Activity, Act 44/1988 on protection and exploitation of natural resources.
& /en 157
With respect to Cross-border trade in services – Local presence:
In FI: The exploration for and exploitation of mineral resources are subject to a licensing
requirement, which is granted by the Government in relation to the mining of nuclear
material. A permit of redemption for a mining area is required from the Government.
Permission may be granted to a natural person resident in the EEA or a juridical person
established in the EEA. (ISIC Rev. 3.1 120, CPC 5115, 883, 8675).
In IE: Exploration and mining companies operating in Ireland are required to have a presence
there. In the case of minerals exploration, there is a requirement that companies (Irish and
foreign) employ either the services of an agent or a resident exploration manager in Ireland
while work is being undertaken. In the case of mining, it is a requirement that a State Mining
Lease or License be held by a company incorporated in Ireland. There are no restrictions as to
ownership of such a company (ISIC Rev. 3.1 10, 3.1 13, 3.1 14, CPC 883).
In LT: All subsurface mineral resources (energy, metals, industrial and construction minerals)
in Lithuania are of exclusive state-ownership. Licenses of geological exploration or
exploitation of mineral resources may be granted to a natural person resident in the EU and in
the EEA or a juridical person established in the EU and in the EEA.
Measures
FI: Kaivoslaki (Mining Act) (621/2011); and
& /en 158
Ydinenergialaki (Nuclear Energy Act) (990/1987).
IE: Minerals Development Acts 1940 – 2017; and Planning Acts and Environmental
Regulations.
LT: The Constitution of the Republic of Lithuania, 1992. Last amendment 21 of March 2019
No. XIII-2004, The Underground Law No. I-1034, 1995, new redaction from 10 of April
2001 No. IX-243, last amendment 14 of April 2016 No XII-2308.
With respect only to Investment – National treatment and Cross-border trade in services –
Local presence:
In SI: The exploration for and exploitation of mineral resources, including regulated mining
services, are subject to establishment in or citizenship of the EEA, the Swiss Confederation or
an OECD Member(ISIC Rev. 3.1 10, ISIC Rev. 3.1 11, ISIC Rev. 3.1 12, ISIC Rev. 3.1 13,
ISIC Rev. 3.1 14, CPC 883, CPC 8675).
Measures
SI: Mining Act 2014.
& /en 159
(b) Production, transmission and distribution on own account of electricity, gas, steam and hot
water; pipeline transportation of fuels; storage and warehouse of fuels transported through
pipelines; services incidental to energy distribution (ISIC Rev. 3.1 40, 401, CPC 63297, 713,
part of 742, 74220, 887)
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors and Cross-border trade in services – National treatment, Local presence:
In AT: With regard to the transportation of gas authorisation is only granted to nationals of a
Member State of the EEA domiciled in the EEA. Enterprises and partnerships must have their
seat in the EEA. The operator of the network must appoint a Managing Director and a
Technical Director who is responsible for the technical control of the operation of the
network, both of whom must be nationals of a member state of the EEA. With regard to the
activity performed by a balance responsible party au-thorisation is only granted to Austrian
citizens or citizens of another Member State of the EU or the EEA.
The competent authority may waive the nationality and domiciliation requirements where the
operation of the network is considered to be in the public interest.
For the transportation of goods other than gas and water, the following applies:
(i) with regard to natural persons, authorisation is only granted to EEA-nationals who must
have a seat in Austria; and
& /en 160
(ii) enterprises and partnerships must have their seat in Austria. An Economic Needs Test
or interest test is applied. Cross border pipelines must not jeopardise Austria's security
interests and its status as a neutral country. Enterprises and partnerships have to appoint
a managing director who must be a national of a member state of the EEA. The
competent authority may waive the nationality and seat requirements if the operation of
the pipeline is considered to be in the national economic interest (CPC 713).
Measures:
AT: Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr. 411/1975 as amended, §§ 5,
15;
Gaswirtschaftsgesetz 2011 (Gas Act), BGBl. I Nr. 107/2011 as amended, §§ 43, 44, 90, 93.
With respect to Investment liberalisation – National treatment, Senior management and
boards of director and Cross-border trade in services – (applies only to the regional level of
government) National treatment, Local presence:
In AT: With regard to transmission and distribution of electricity, authorisation is only
granted to nationals of a Member State of the EEA domiciled in the EEA. If the operator
appoints a managing director or a leaseholder, the domicile requirement is waived.
Juridical persons (enterprises) and partnerships must have their seat in the EEA. They must
appoint a managing director or a leaseholder, both of whom must be nationals of a Member
State of the EEA domiciled in the EEA.
& /en 161
The competent authority may waive the domicile and nationality requirements where the
operation of the network is considered to be in the public interest (ISIC Rev. 3.1 40,
CPC 887).
Measures:
AT: Burgenländisches Elektrizitätswesengesetz 2006, LGBl. Nr. 59/2006 as amended;
Niederösterreichisches Elektrizitätswesengesetz, LGBl. Nr. 7800/2005 as amended;
Oberösterreichisches Elektrizitätswirtschafts- und – organisationsgesetz 2006), LGBl.
Nr. 1/2006 as amended;
Salzburger Landeselektrizitätsgesetz 1999 (LEG),LGBl. Nr. 75/1999 as amended;
Tiroler Elektrizitätsgesetz 2012 – TEG 2012, LGBl. Nr. 134/2011 as amended;
Vorarlberger Elektrizitätswirtschaftsgesetz, LGBl. Nr. 59/2003 as amended;
Wiener Elektrizitätswirtschaftsgesetz 2005 – WElWG 2005, LGBl. Nr. 46/2005 as amended;
Steiermärkisches Elektrizitätswirtschafts- und Organisationsgesetz(ELWOG), LGBl.
Nr. 70/2005 as amended;
& /en 162
Kärntner Elektrizitätswirtschafts-und Organisationsgesetz(ELWOG), LGBl. Nr. 24/2006 as
amended.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – Local presence:
In CZ: For electricity generation, transmission, distribution, trading, and other electricity
market operator activities, as well as gas generation, transmission, distribution, storage and
trading, as well as heat generation and distribution, authorisation is required. Such
authorisation may only be granted to a natural person with a residence permit or a juridical
person established in the European Union. (ISIC Rev. 3.1 40, CPC 7131, 63297, 742, 887).
In LT: The licences for transmission, distribution, public supply and organizing of trade of
electricity may only be issued to juridical persons established in the Republic of Lithuania or
branches of foreign juridical persons or other organisations of another Member State
established in the Republic of Lithuania. The permits to generate electricity, develop
electricity generation capacities and build a direct line may be issued to individuals with
residency in the Republic of Lithuania or to juridical persons established in the Republic of
Lithuania, or to branches of juridical persons or other organizations of another Member State
established in the Republic of Lithuania. This reservation does not apply to consultancy
services related to the transmission and distribution on a fee or contract basis of electricity
(ISIC Rev. 3.1 401, CPC 887).
& /en 163
In the case of fuels, establishment is required. Licences for transmission and distribution,
storage of fuels and liquefaction of natural gas may only be issued to juridical persons
established in the Republic of Lithuania or branches of juridical persons or other organisations
(subsidiaries) of another Member State established in the Republic of Lithuania.
This reservation does not apply to consultancy services related to the transmission and
distribution on a fee or contract basis of fuels (CPC 713, CPC 887).
In PL: the following activities are subject to licensing under the Energy Law Act:
(i) generation of fuels or energy, except for: generation of solid or gaseous fuels;
generation of electricity using electricity sources of the total capacity of not more
than 50 MW other than renewable energy sources; cogeneration of electricity and heat
using sources of the total capacity of not more than 5 MW other than renewable energy
sources; generation of heat using the sources of the total capacity of not more
than 5 MW;
(ii) storage of gaseous fuels in storage installations, liquefaction of natural gas and
regasification of liquefied natural gas at LNG installations, as well as the storage of
liquid fuels, except for: the local storage of liquid gas at installations of the capacity of
less than 1 MJ/s capacity and the storage of liquid fuels in retail trade;
& /en 164
(iii) transmission or distribution of fuels or energy, except for: the distribution of gaseous
fuels in grids of less than 1 MJ/s capacity and the transmission or distribution of heat if
the total capacity ordered by customers does not exceed 5 MW;
(iv) trade in fuels or energy, except for: the trade in solid fuels; the trade in electricity using
installations of voltage lower than 1 kV owned by the customer; the trade in gaseous
fuels if their annual turnover value does not exceed the equivalent of EUR 100 000; the
trade in liquid gas, if the annual turnover value does not exceed EUR 10 000; and the
trade in gaseous fuels and electricity performed on commodity exchanges by brokerage
houses which conduct the brokerage activity on the exchange commodities on the basis
of the Act of 26 October 2000 on commodity exchanges, as well as the trade in heat if
the capacity ordered by the customers does not exceed 5 MW. The limits on turnover do
not apply to wholesale trade services in gaseous fuels or liquid gas or to retail services
of bottled gas.
A licence may only be granted by the competent authority to an applicant that has registered
their principal place of business or residence in the territory of a Member State of the EEA or
the Swiss Confederation (ISIC Rev. 3.1 040, CPC 63297, 74220, CPC 887).
Measures:
CZ: Act No. 458/2000 Coll on Business conditions and public administration in the energy
sectors (The Energy Act).
& /en 165
LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973, new
redaction from 1 August 2011 No XI-1564, last amendment 25 June 2020 No. XIII-3140;
Law on Electricity of the Republic of Lithuania of 20 July 2000 No VIII-1881, new redaction
from 7 February 2012, last amendment 20 of October 2020 No. XIII-3336; Law on Necessary
measures to protect against non-safe nuclear electrical threats from third countries
of 20 April 2017 No XIII-306, last amendment on 19 December 2019 No. XIII-2705; Law on
Renewable energy sources of the Republic of Lithuania of 12 May 2011 No. XI-1375.
PL: Energy Law Act of 10 April 1997, Articles 32 and 33.
With respect to Cross-border trade in services – Local presence:
In SI: The production, trading, supply to final customers, transmission and distribution of
electricity and natural gas is subject to establishment in the European Union
(ISIC Rev. 3.1 4010, 4020, CPC 7131, CPC 887).
Measures:
SI: Energetski zakon (Energy Act) 2014, Official Gazette RS, nr. 17/2014; and Mining Act
2014.
& /en 166
Reservation No. 16 – Agriculture, fishing and manufacturing
Sector – sub-sector: Agriculture, hunting, forestry; animal and reindeer husbandry, fishing
and aquaculture; publishing, printing and reproduction of recorded
media
Industry classification: ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, 050, 0501, 0502, 221,
222, 323, 324, CPC 881, 882, 88442
Type of reservation: National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Local presence
Chapter: Investment liberalisation; Cross-border trade in services
Level of government: EU/Member State (unless otherwise specified)
& /en 167
Description:
(a) Agriculture, hunting and forestry (ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, CPC 881)
With respect to Investment liberalisation – National treatment:
In IE: Establishment by foreign residents in flour milling activities is subject to authorisation
(ISIC Rev. 3.1 1531).
Measures:
IE: Agriculture Produce (Cereals) Act, 1933.
With respect to Investment liberalisation – National treatment:
In FI: Only nationals of a Member State of the EEA resident in the reindeer herding area may
own reindeer and practice reindeer husbandry. Exclusive rights may be granted.
In FR: Prior authorisation is required in order to become a member or act as a director of an
agricultural cooperative (ISIC Rev. 3.1 011, 012, 013, 014, 015).
In SE: Only Sami people may own and practice reindeer husbandry.
& /en 168
Measures:
FI: Poronhoitolaki (Reindeer Husbandry Act) (848/1990), Chapter 1, s. 4, Protocol 3 to the
Accession Treaty of Finland.
FR: Code rural et de la pêche maritime.
SE: Reindeer Husbandry Act (1971:437), section 1.
(b) Fishing and aquaculture (ISIC Rev. 3.1 050, 0501, 0502, CPC 882)
With respect to Investment liberalisation – National treatment:
In FR: A French vessel flying the French flag may be issued a fishing authorisation or may be
allowed to fish on the basis of national quotas only when a real economic link on the territory
of France is established and the vessel is directed and controlled from a permanent
establishment located on the territory of France (ISIC Rev. 3.1 050, CPC 882).
Measures:
FR: Code rural et de la pêche maritime.
& /en 169
(c) Manufacturing - Publishing, printing and reproduction of recorded media (ISIC Rev. 3.1 221,
222, 323, 324, CPC 88442)
With respect to Investment liberalisation – National treatment and Cross-border services:
National treatment, Local presence:
In LV: Only juridical persons incorporated in Latvia, and natural persons of Latvia have the
right to found and publish mass media. Branches are not allowed (CPC 88442).
Measures:
LV: Law on the Press and Other Mass Media, s. 8.
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment and Cross-border trade in services – Local presence, Most-favoured nation
treatment:
In DE: Each publicly distributed or printed newspaper, journal, or periodical must clearly
indicate a "responsible editor" (the full name and address of a natural person). The responsible
editor may be required to be a permanent resident of Germany, the European Union or an
EEA Member State. Exceptions may be allowed by the competent authority of the regional
level of government (ISIC Rev. 3.1 22).
& /en 170
Measures:
DE:
Regional level:
Gesetz über die Presse Baden-Württemberg (LPG BW);
Bayerisches Pressegesetz (BayPrG);
Berliner Pressegesetz (BlnPrG);
Brandenburgisches Landespressegesetz (BbgPG);
Gesetz über die Presse Bremen (BrPrG);
Hamburgisches Pressegesetz;
Hessisches Pressegesetz (HPresseG);
Landespressegesetz für das Land Mecklenburg-Vorpommern (LPrG M-V);
Niedersächsisches Pressegesetz (NPresseG);
& /en 171
Pressegesetz für das Land Nordrhein-Westfalen (Landespressegesetz NRW);
Landesmediengesetz (LMG) Rheinland-Pfalz;
Saarländisches Mediengesetz (SMG);
Sächsisches Gesetz über die Presse (SächsPresseG);
Pressegesetz für das Land Sachsen-Anhalt (Landespressegesetz);
Gesetz über die Presse Schleswig-Holstein (PressG SH);
Thüringer Pressegesetz (TPG).
With respect to Investment liberalisation – National Treatment, Most-favoured nation
treatment:
In IT: In so far as Chile allows Italian nationals and enterprises to conduct these activities,
Italy will allow nationals and enterprises of Chile to conduct these activities under the same
conditions. In so far as Chile allow Italian investors to own more than 49 % of the capital and
voting rights in a publishing company of Chile, then Italy will allow investors of Chile to own
more than 49 % of the capital and voting rights in an Italian publishing company under the
same conditions (ISIC Rev. 3.1 221, 222).
& /en 172
Measures:
IT: Law 416/1981, Article 1 (and subsequent amendments).
With respect to Investment liberalisation – Senior management and boards of directors:
In PL: Nationality is required for the editor-in-chief of newspapers and journals
(ISIC Rev. 3.1 221, 222).
Measures:
PL: Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item 24, with subsequent
amendments.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
In SE: Natural persons who are owners of periodicals that are printed and published in
Sweden must reside in Sweden or be nationals of a Member State of the EEA. Owners of such
periodicals who are juridical persons must be established in the EEA. Periodicals that are
printed and published in Sweden and technical recordings must have a responsible editor, who
must be domiciled in Sweden (ISIC Rev. 3.1 22, CPC 88442).
& /en 173
Measures:
SE: Freedom of the press act (1949:105);
Fundamental law on Freedom of Expression (1991:1469); and
Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of
Expression (1991:1559).
& /en 174
Appendix 10-A-2
SCHEDULE OF CHILE
1. "Description" provides a general non-binding description of the measure for which the entry
is made.
2. In accordance with Articles 10.11 and 11.8, the Articles of this Agreement specified in the
Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law,
regulation or other measure identified in the Measures element of that entry.
& /en 175
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Investment)
Level of Government: Central
Measures: Decree Law 1.939, Official Gazette, 10 November 1977, Rules for
acquisition, administration and disposal of State owned assets, Title I
(Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977, Normas
sobre adquisición, administración y disposición de bienes del Estado,
Título I)
Decree with Force of Law (D.F.L.) 4 of the Ministry of Foreign
Affairs, Official Gazette, 10 November 1967 (Decreto con Fuerza de
Ley (D.F.L.) 4 del Ministerio de Relaciones Exteriores, Diario Oficial,
noviembre 10, 1967)
& /en 176
Description: Investment
Chile may only dispose of the ownership or other rights over "State
land" to Chilean natural or juridical persons, unless the applicable
legal exceptions, such as in Decree Law 1.939 (Decreto Ley 1.939),
apply. "State land" for these purposes refers to State owned land up to
a distance of 10 kilometres from the border and up to a distance of
five kilometres from the coastline, measured from the high-tide line.
Immovable property situated in areas declared "the borderland zone"
by virtue of D.F.L. 4 of the Ministry of Foreign Affairs, 1967
(D.F.L. 4 del Ministerio de Relaciones Exteriores, 1967) may not be
acquired, either as property or in any other title, by (1) natural persons
with nationality of a neighbouring country; (2) juridical persons with
their principal seat in a neighbouring country; (3) juridical persons
with 40 % or more of capital owned by natural persons with
nationality of a neighbouring country; or (4) juridical persons
effectively controlled by such natural persons. Notwithstanding the
foregoing, this limitation may not apply if an exemption is granted by
a Supreme Decree (Decreto Supremo) based on considerations of
national interest.
& /en 177
Sector: All
Sub-Sector:
Obligations Concerned: Performance Requirements (Investment)
Level of Government: Central
Measures: Decree with Force of Law (D.F.L.) 1 of the Ministry of Labour and
Social Welfare, Official Gazette, 24 January 1994, Labour Code,
Preliminary Title, Book I, Chapter III (D.F.L. 1 del Ministerio del
Trabajo y Previsión Social, Diario Oficial, enero 24, 1994, Código del
Trabajo, Título Preliminar, Libro I, Capítulo III)
& /en 178
Description: Investment
A minimum of 85 % of employees who work for the same employer
shall be Chilean natural persons or foreigners with more than five
years of residence in Chile. This rule applies to employers with more
than 25 employees under a contract of employment (contrato de
trabajo1). Expert technical personnel shall not be subject to this
provision, as determined by the Directorate of Labour (Dirección del
Trabajo).
An employee shall be understood to mean any natural person who
supplies intellectual or material services, under dependency or
subordination, pursuant to a contract of employment.
1 For greater certainty, a contract of employment (contrato de trabajo) is not mandatory for the
supply of cross-border trade in services.
& /en 179
Sector: Communications
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)
Level of Government: Central
Measures: Law 18.838, Official Gazette, 30 September 1989, National
Television Council, Titles I, II and III (Ley 18.838, Diario Oficial,
septiembre 30, 1989, Consejo Nacional de Televisión, Títulos I, II
y III)
& /en 180
Law 18.168, Official Gazette, 2 October 1982, General
Telecommunications Law, Titles I, II and III (Ley 18.168, Diario
Oficial, octubre 2, 1982, Ley General de Telecomunicaciones,
Títulos I, II y III)
Law 19.733, Official Gazette, 4 June 2001, Law on Liberties of
Opinion and Information and the Exercise of Journalism, Titles I
and III (Ley 19.733, Diario Oficial, junio 4, 2001, Ley sobre las
Libertades de Opinión e Información y Ejercicio del Periodismo,
Títulos I y III)
Description: Investment and Cross-Border Trade in Services
The owner of a social communication medium, such as those that
transmit on a regular basis sounds, texts or images, or a national news
agency shall, in the case of a natural person, have a duly established
domicile in Chile, and in the case of a juridical person, shall be
constituted with domicile in Chile or have an agency authorised to
operate within the territory of Chile.
Only Chilean nationals may be presidents, administrators or legal
representatives of such a juridical person.
& /en 181
The owner of a concession to supply (a) public telecommunication
services; (b) intermediate telecommunication services supplied to
telecommunications services through facilities and networks
established for that purpose; and (c) sound broadcasting, shall be a
juridical person constituted and domiciled in Chile.
Only Chilean nationals may be presidents, managers, administrators or
legal representatives of such a juridical person.
In the case of public radio broadcasting services, the board of directors
may include foreigners, only if they do not represent the majority.
In the case of a social communication medium, the legally responsible
director and the person who subrogates him or her must be Chilean,
with domicile and residence in Chile, unless the social communication
medium uses a language other than Spanish.
& /en 182
Requests for public radio broadcasting concessions submitted by
juridical persons in which foreigners hold an interest exceeding 10 %
of the capital shall be granted only if proof is previously provided
verifying that similar rights and obligations as those that the applicants
will enjoy in Chile are granted to Chilean nationals in their country of
origin.
The National Television Council (Consejo Nacional de Televisión)
may establish, as a general requirement that, programs broadcasted
through public (open) television channels include up to 40 % of
Chilean production.
& /en 183
Sector: Energy
Sub-Sector:
Obligations Concerned: National Treatment (Investment)
Performance Requirements (Investment)
Level of Government: Central
Measures: Political Constitution of the Republic of Chile, Chapter III
(Constitución Política de la República de Chile, Capítulo III)
Law 18.097, Official Gazette, 21 January 1982, Constitutional
Organic Law on Mining Concessions, Titles I, II and III (Ley 18.097,
Diario Oficial, enero 21, 1982, Orgánica Constitucional sobre
Concesiones Mineras, Títulos I, II y III)
Law 18.248, Official Gazette, 14 October 1983, Mining Code, Titles I
and II (Ley 18.248, Diario Oficial, octubre 14, 1983, Código de
Minería, Títulos I y II)
& /en 184
Law 16.319, Official Gazette, 23 October 1965, Creates the Chilean
Nuclear Energy Commission, Titles I, II and III (Ley 16.319, Diario
Oficial, octubre 23, 1965, Crea la Comisión Chilena de Energía
Nuclear, Títulos I, II y III)
Description: Investment
The exploration, exploitation, and treatment (beneficio) of liquid or
gaseous hydrocarbons, deposits of any kind existing in sea waters
subject to national jurisdiction, and deposits of any kind wholly or
partially located in areas classified as important to national security
with mining effects, which qualification shall be made by law only,
can be the object of administrative concessions or special operating
contracts, subject to the requirements and the conditions to be
determined in each case by a Supreme Decree. For greater certainty, it
is understood that the term "treatment" (beneficio) shall not include
the storage, transportation or refining of the energy material referred
to in this paragraph.
The production of nuclear energy for peaceful purposes may only be
carried out by the Chilean Nuclear Energy Commission (Comisión
Chilena de Energía Nuclear) or, with its authorisation, jointly with
third persons. Should the Commission grant such an authorisation, it
may determine the terms and conditions thereof.
& /en 185
Sector: Mining
Sub-Sector:
Obligations Concerned: National Treatment (Investment)
Performance Requirements (Investment)
Level of Government: Central
Measures: Political Constitution of the Republic of Chile, Chapter III
(Constitución Política de la República de Chile, Capítulo III)
Law 18.097, Official Gazette, 21 January 1982, Constitutional
Organic Law on Mining Concessions, Titles I, II and III (Ley 18.097,
Diario Oficial, enero 21, 1982, Orgánica Constitucional sobre
Concesiones Mineras, Títulos I, II y III)
Law 18.248, Official Gazette, 14 October 1983, Mining Code, Titles I
and III (Ley 18.248, Diario Oficial, octubre 14, 1983, Código de
Minería, Títulos I y III)
& /en 186
Law 16.319, Official Gazette, 23 October 1965, Creates the Chilean
Nuclear Energy Commission, Titles I, II and III (Ley 16.319, Diario
Oficial, octubre 23, 1965, Crea la Comisión Chilena de Energía
Nuclear, Títulos I, II y III)
Description: Investment
The exploration, exploitation, and treatment (beneficio) of lithium,
deposits of any kind existing in sea waters subject to national
jurisdiction, and deposits of any kind wholly or partially located in
areas classified as important to national security with mining effects,
which qualification shall be made by law only, can be the object of
administrative concessions or special operating contracts, subject to
the requirements and the conditions to be determined, in each case by
a Supreme Decree.
Chile has the right of first offer at market prices and terms for the
purchase of mineral products when thorium and uranium are
contained in significant quantities.
For greater certainty, Chile may require that producers separate from
mining products the portion of:
(a) liquid or gaseous hydrocarbons;
& /en 187
(b) lithium;
(c) deposits of any kind existing in sea waters subject to national
jurisdiction; and
(d) deposits of any kind wholly or partially located in areas
classified as important to national security with mining effects,
which qualification shall be made by law only, that exists, in
significant amounts, in such mining products and that can be
economically and technically separated, for delivery to or for
sale on behalf of the State. For these purposes, "economically
and technically separated" means that the costs incurred to
recover the four types of substances referred to in
subparagraphs (a), (b) and (c) above through a sound technical
procedure and to commercialise and deliver those substances
shall be lower than their commercial value.
For greater certainty, the procedures for the granting of administrative
concessions or special operation contracts do not, as applicable,
per se, establish discriminatory treatment towards foreign investors.
However, if Chile decides to exploit any of the above-mentioned
mining resources by means of a competitive process granting to
investors a concession or a special operating contract, the decision
will be based solely on the terms of the tender in a transparent process
of competitive non-discriminatory bidding.
& /en 188
Unless the conditions of the contract or concession stated otherwise, a
subsequent transfer or disposal of whole or part of any right conferred
under the contract or concession, shall not be conditioned upon the
nationality of the acquirer.
Furthermore, only the Chilean Nuclear Energy Commission
(Comisión Chilena de Energía Nuclear), or parties authorised by the
Commission, may execute or enter into juridical acts regarding
extracted natural atomic materials and lithium, as well as their
concentrates, derivatives and compounds.
& /en 189
Sector: Fisheries
Sub-Sector: Aquaculture
Obligations Concerned: National Treatment (Investment)
Level of Government: Central
Measures: Decree 430, consolidated, coordinated and systematized text of
Law 18.892 from 1989 and its modifications, General Law on
Fisheries and Aquaculture, Official Gazette, 21 January 1992 Titles I
and VI (Decreto 430 fija el texto refundido, coordinado y
sistematizado de la ley N° 18.892, de 1989 y sus modificaciones, Ley
General de Pesca y Acuicultura Ley 18.892, Diario Oficial, enero 21,
1992, Títulos I y VI)
Description: Investment
Only Chilean natural or juridical persons constituted in accordance
with Chilean law and foreigners with permanent residency may hold
an authorisation or concession to carry out aquaculture activities.
& /en 190
Sector: Fisheries and Fishing Related Activities
Sub-Sector:
Obligations Concerned: National Treatment (Investment and CBTS)
Most-Favoured-Nation Treatment (Investment and CBTS)
Senior Management and Boards of Directors (Investment)
Local Presence (CBTS)
Level of Government: Central
Measures: Decree 430, consolidated, coordinated and systematized text of
Law 18.892 from 1989 and its modifications, General Law on
Fisheries and Aquaculture, Official Gazette, 21 January 1992
Titles I, III, IV and IX (Decreto 430 fija el texto refundido,
coordinado y sistematizado de la ley N° 18.892, de 1989 y sus
modificaciones, Ley General de Pesca y Acuicultura, diario oficial,
enero 21, 1992, Títulos I, III, IV y IX)
& /en 191
Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law,
Titles I and II (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley
de Navegación, Títulos I y II)
Description: Investment and Cross-Border Trade in Services
Only Chilean natural persons or juridical persons constituted in
accordance with Chilean law and foreigners with permanent residency
may hold permits to harvest and catch hydrobiological species.
Only Chilean vessels are permitted to fish in internal waters, in the
territorial sea and in the exclusive economic zone of Chile. "Chilean
vessels" are those defined in the Navigation Law (Ley de
Navegación). Access to industrial extractive fishing activities shall be
subject to prior registration of the vessel in Chile.
Only a Chilean natural or juridical person may register a vessel in
Chile. Such juridical person must be constituted in Chile with
principal domicile and real and effective seat in Chile. The president,
manager and the majority of the directors or administrators must be
Chilean natural persons. In addition, more than 50 % of its equity
capital must be held by Chilean natural or juridical persons. For these
purposes, a juridical person with ownership participation in another
juridical person that owns a vessel has to comply with all the
requirements mentioned above.
& /en 192
A joint ownership (comunidad) may register a vessel if (1) the
majority of the joint ownership is Chilean with domicile and residency
in Chile; (2) the administrators are Chilean natural persons; and (3)
the majority of the rights of the joint ownership (comunidad) belong
to a Chilean natural or juridical person. For these purposes, a juridical
person with ownership participation in a joint ownership (comunidad)
that owns a vessel has to comply with all the requirements mentioned
above.
An owner (natural or juridical person) of a fishing vessel registered in
Chile prior to 30 June 1991 shall not be subject to the nationality
requirement mentioned above.
In cases of reciprocity granted to Chilean vessels by any other
country, fishing vessels specifically authorised by the maritime
authorities pursuant to powers conferred by law may be exempted
from the requirements mentioned above on equivalent terms provided
to Chilean vessels by that country.
Access to artisanal fishing (pesca artesanal) activities shall be subject
to registration in the Registry for Artisanal Fishing (Registro de Pesca
Artesanal). Registration for artisanal fishing (pesca artesanal) is only
granted to Chilean natural persons and foreign natural persons with
permanent residency, or a Chilean juridical person constituted by
those persons.
& /en 193
Sector: Specialised Services
Sub-Sector: Customs agents (agentes de aduana) and brokers (despachadores de
aduana)
Obligations Concerned: National Treatment (CBTS)
Local Presence (CBTS)
Level of Government: Central
Measures: Decree with Force of Law (D.F.L.) 30 of the Ministry of Finance,
Official Gazette, 13 April 1983, Book IV (D.F.L. 30 del Ministerio de
Hacienda, Diario Oficial, abril 13, 1983, Libro IV)
Decree with Force of Law (D.F.L.) 2 of the Ministry of Finance, 1998
(D.F.L. 2 del Ministerio de Hacienda, 1998)
Description: Cross-Border Trade in Services
Only Chilean natural persons with residency in Chile may act as
customs brokers (despachadores de aduana) or agents (agentes de
aduana) in the territory of Chile.
& /en 194
Sector: Investigation and Security Services
Sub-Sector: Guard services
Obligations Concerned: National Treatment (CBTS)
Level of Government: Central
Measures: Decree 1.773 of the Ministry of Interior, Official Gazette,
14 November 1994 (Decreto 1.773 del Ministerio del Interior, Diario
Oficial, noviembre 14, 1994)
Description: Cross-Border Trade in Services
Only Chilean nationals and permanent residents may provide services
as private security guards.
& /en 195
Sector: Business Services
Sub-Sector: Research services
Obligations Concerned: National Treatment (CBTS)
Level of Government: Central
Measures: Supreme Decree 711 of the Ministry of National Defence, Official
Gazette, 15 October 1975 (Decreto Supremo 711 del Ministerio de
Defensa Nacional, Diario Oficial, octubre 15, 1975)
Description: Cross-Border Trade in Services
Foreign natural and juridical persons intending to conduct research in
the Chilean 200-mile maritime zone shall be required to submit a
request six months in advance to the Chilean Army Hydrographic
Institute (Instituto Hidrográfico de la Armada de Chile) and shall
comply with the requirements established in the corresponding
regulation. Chilean natural and juridical persons shall be required to
submit a request three months in advance to the Chilean Army
Hydrographic Institute (Instituto Hidrográfico de la Armada de Chile)
and shall comply with the requirements established in the
corresponding regulation.
& /en 196
Sector: Business Services
Sub-Sector: Research services
Obligations Concerned: National Treatment (CBTS)
Level of Government: Central
Measures: Decree with Force of Law (D.F.L.) 11 of the Ministry of Economic
Affairs, Development and Reconstruction, Official Gazette,
5 December 1968 (D.F.L. 11 del Ministerio de Economía, Fomento y
Reconstrucción, Diario Oficial, diciembre 5, 1968)
Decree 559 of the Ministry of Foreign Affairs, Official Gazette,
24 January 1968 (Decreto 559 del Ministerio de Relaciones
Exteriores, Diario Oficial, enero 24, 1968)
D.F.L. 83 of the Ministry of Foreign Affairs, Official Gazette,
27 March 1979 (D.F.L. 83 del Ministerio de Relaciones Exteriores,
Diario Oficial, marzo 27, 1979)
Supreme Decree 1166 of the Ministry of Foreign Affairs, Official
Gazette, 20 July 1999 (Decreto Supremo 1166 del Ministerio de
Relaciones Exteriores, Diario Oficial, julio 20, 1999)
& /en 197
Description: Cross-Border Trade in Services
Natural persons representing foreign juridical persons, or natural
persons residing abroad, intending to perform explorations for work of
a scientific or technical nature, or mountain climbing, in areas that are
adjacent to Chilean borders shall apply for the appropriate
authorisation through a Chilean consul in the country of domicile of
those natural persons. The Chilean consul shall then send such
application directly to the National Directorate of Borders and
Frontiers of the State (Dirección Nacional de Fronteras y Límites del
Estado). The Directorate may order that one or more Chilean natural
persons working in the appropriate related activities shall join the
explorations in order to become acquainted with the studies to be
undertaken.
The Operations Department of the National Directorate of Borders
and Frontiers of the State (Departamento de Operaciones de la
Dirección Nacional de Fronteras y Límites del Estado) shall decide
and announce whether it authorises or rejects geographic or scientific
explorations to be carried out by foreign juridical or natural persons in
Chile. The National Directorate of Borders and Frontiers of the State
(Dirección Nacional de Fronteras y Límites del Estado) shall authorise
and supervise all explorations involving work of a scientific or
technical nature, or mountain climbing, that foreign juridical persons
or natural persons residing abroad intend to carry out in areas adjacent
to Chilean borders.
& /en 198
Sector: Business Services
Sub-Sector: Research in social sciences
Obligations Concerned: National Treatment (CBTS)
Level of Government: Central
Measures: Law 17.288, Official Gazette, 4 February 1970, Title V (Ley 17.288,
Diario Oficial, febrero 4, 1970, Título V)
Supreme Decree 484 of the Ministry of Education, Official Gazette,
2 April 1991 (Decreto Supremo 484 del Ministerio de Educación,
Diario Oficial, abril 2, 1991)
Description: Cross-Border Trade in Services
Foreign juridical or foreign natural persons intending to perform
excavations, surveys, probing or collect anthropological,
archaeological or paleontological material must apply for a permit
from the National Monuments Council (Consejo de Monumentos
Nacionales). In order to obtain the permit, the person in charge of the
research must be engaged by a reliable foreign scientific institution
and must be working in collaboration with a Chilean governmental
scientific institution or a Chilean university.
& /en 199
That permit can be granted to (1) Chilean researchers having the
pertinent scientific background in archaeology, anthropology or
palaeontology, duly certified as appropriate, and also having a
research project and due institutional sponsorship; and (2) foreign
researchers, provided that they are engaged by a reliable scientific
institution and that they work in collaboration with a Chilean
governmental scientific institution or a Chilean university. Museum
directors or curators recognised by the National Monuments Council
(Consejo de Monumentos Nacionales), professional archaeologists,
anthropologists or palaeontologists, as appropriate, and the members
of the Chilean Society of Archeology (Sociedad Chilena de
Arqueología) shall be authorised to perform salvage-related works.
Salvage-related works involve the urgent recovery of data or
archaeological, anthropological or paleontological artefacts or species
threatened by imminent loss.
& /en 200
Sector: Business Services
Sub-Sector: Printing, publishing and other related industries
Obligations Concerned: National Treatment (Investment)
Most-Favoured-Nation Treatment (Investment)
Senior Management and Boards of Directors (Investment)
Level of Government: Central
Measures: Law 19.733, Official Gazette, 4 June 2001, Law on Liberties of
Opinion and Information and the Exercise of Journalism, Titles I
and III (Ley 19.733, Diario Oficial, junio 4, 2001, Ley sobre las
Libertades de Opinión e Información y Ejercicio del Periodismo,
Títulos I y III)
& /en 201
Description: Investment
The owner of a social communication medium such as newspapers,
magazines or regularly published texts whose publishing address is
located in Chile, or a national news agency, shall, in the case of a
natural person, have a duly established domicile in Chile and, in the
case of a juridical person, shall be constituted with domicile in Chile
or have an agency authorised to operate within the territory of Chile.
Only Chilean nationals may be president, administrators or legal
representatives of the juridical person operating in Chile, as described
above.
The director legally responsible and the person who replaces him or
her must be Chilean with domicile and residence in Chile. Chilean
nationality will not be required in case a social communication
medium uses a language different from Spanish.
& /en 202
Sector: Professional Services
Sub-Sector: Accounting, auditing, book-keeping and taxation services
Obligations Concerned: National Treatment (CBTS)
Local Presence (CBTS)
Level of Government: Central
Measures: Law 18.046, Official Gazette, 22 October 1981, Corporations Law,
Title V (Ley 18.046, Diario Oficial, octubre 22, 1981, Ley de
Sociedades Anónimas, Título V)
Supreme Decree 702 of the Ministry of Finance, Official Gazette,
6 July 2012, Corporations Act (Decreto Supremo 702 del Ministerio
de Hacienda, Diario Oficial, julio 6, 2012, Reglamento de Sociedades
Anónimas)
Decree Law 1.097, Official Gazette, 25 July 1975, Titles I, II, III
and IV (Decreto Ley 1.097, Diario Oficial, julio 25, 1975,
Títulos I, II, III y IV)
& /en 203
Decree Law 3.538, Official Gazette, 23 December 1980,
Titles I, II, III and IV (Decreto Ley 3.538, Diario Oficial,
diciembre 23, 1980, Títulos I, II, III y IV)
Circular 2.714, 6 October 1992; Circular 1, 17 January 1989;
Chapter 19 Updated Collection, Superintendence of Banks and
Financial Institutions Norms on External Auditors (Circular 2.714,
octubre 6,1992; Circular 1, enero 17, 1989; Capítulo 19 de la
Recopilación Actualizada de Normas de la Superintendencia de
Bancos e Instituciones Financieras sobre Auditores Externos)
Circular 327, 29 June 1983 and Circular 350, 21 October 1983,
Superintendence of Securities and Insurance (Circular 327, junio 29,
1983 y Circular 350, octubre 21, 1983, de la Superintendencia de
Valores y Seguros)
Description: Cross-Border Trade in Services
External auditors of financial institutions must be registered in the
Registry of External Auditors kept by the Financial Market
Commission (Comisión para el Mercado Financiero). Only Chilean
juridical persons legally incorporated as partnerships (sociedades de
personas) or associations (asociaciones) and whose main line of
business is auditing services may be inscribed in the Registry.
& /en 204
Sector: Professional Services
Sub-Sector: Legal services
Obligations Concerned: National Treatment (CBTS)
Local Presence (CBTS)
Level of Government: Central
Measures: Tribunals Organic Code, Title XV, Official Gazette, 9 July 1943
(Código Orgánico de Tribunales, Título XV, Diario Oficial, julio 9,
1943)
Decree 110 of the Ministry of Justice, Official Gazette,
20 March 1979 (Decreto 110 del Ministerio de Justicia, Diario Oficial,
marzo 20, 1979)
Law 18.120, Official Gazette, 18 May 1982 (Ley 18.120, Diario
Oficial, mayo 18, 1982)
& /en 205
Description: Cross-Border Trade in Services
Only Chilean and foreign nationals with residence in Chile, who have
completed the totality of their legal studies in the country, shall be
authorised to practice as lawyers (abogados).
Only lawyers (abogados) duly qualified to practise law shall be
authorised to plead a case in Chilean courts and to file the first legal
action or claim of each party.
None of these measures apply to foreign legal consultants who
practise or advise on international law or on the law of the other Party.
& /en 206
Sector: Professional, Technical and Specialised Services
Sub-Sector: Auxiliary services in the administration of justice
Obligations Concerned: National Treatment (CBTS)
Local Presence (CBTS)
Level of Government: Central
Measures: Tribunals Organic Code, Titles XI and XII, Official Gazette,
9 July 1943, (Código Orgánico de Tribunales, Títulos XI y XII, Diario
Oficial, julio 9, 1943)
Real State Custodian Registry Act, Titles I, II and III, Official
Gazette, 24 June 1857 (Reglamento del Registro Conservador de
Bienes Raíces, Títulos I, II y III, Diario Oficial, junio 24, 1857)
Law 18.118, Official Gazette, 22 May 1982, Title I (Ley 18.118,
Diario Oficial, mayo 22, 1982, Título I)
Decree 197 of the Ministry of Economic Affairs, Development and
Reconstruction, Official Gazette, 8 August 1985 (Decreto 197 del
Ministerio de Economía, Fomento y Reconstrucción, Diario Oficial,
agosto 8, 1985)
& /en 207
Law 18.175, Official Gazette, 28 October 1982, Title III (Ley 18.175,
Diario Oficial, octubre 28, 1982, Título III)
Description: Cross-Border Trade in Services
Justice ancillaries (auxiliares de la administración de justicia) must
have their residence in the same city or place where the court house
for which they render services is domiciled.
Public defenders (defensores públicos), public notaries (notarios
públicos), and custodians (conservadores) shall be Chilean natural
persons and fulfil the same requirements needed to become a judge.
Archivists (archiveros), public defenders (defensores públicos) and
arbitrators at law (árbitros de derecho) must be lawyers (abogados)
and, therefore, must be Chilean or foreign nationals with residence in
Chile who have completed the totality of their legal studies in Chile.
Lawyers of the other Party may assist in arbitration when dealing with
the law of that the other Party and international law and when the
private parties request it.
& /en 208
Only Chilean natural persons with the right to vote, and foreign
natural persons with permanent residence in Chile and the right to
vote, can act as process servers (receptores judiciales) and superior
court attorneys (procuradores del número).
Only Chilean natural persons, foreign natural persons with permanent
residence in Chile or Chilean juridical persons may be auctioneers
(martilleros públicos).
Receivers in bankruptcy (síndicos de quiebra) must have a
professional or technical degree granted by a university or a
professional or technical institute recognised by Chile. Receivers in
bankruptcy must have at least three years of experience in the
commercial, economic or juridical field.
& /en 209
Sector: Transportation
Sub-Sector: Water transport services and shipping
Obligations Concerned: Most-Favoured-Nation Treatment (Investment and CBTS)
Level of Government: Central
Measures: Decree Law 3.059, Official Gazette, 22 December 1979, Merchant
Fleet Promotion Law, Titles I and II (Decreto Ley 3.059, Diario
Oficial, 22 de diciembre de 1979, Ley de Fomento a la Marina
Mercante, Títulos I y II)
Supreme Decree 237, Official Gazette, 25 July 2001, Act of Decree
Law 3.059, Titles I and II (Decreto Supremo 237, Diario Oficial,
julio 25, 2001, Reglamento del Decreto Ley 3.059, Títulos I y II)
Code of Commerce, Book III, Titles I, IV and V (Código de
Comercio, Libro III, Títulos I, IV y V)
& /en 210
Description: Investment and Cross-Border Trade in Services
Feeder services are reserved for national vessels when the cargo is
moved between two Chilean ports.
International maritime transport of cargo to or from Chile is subject to
the principle of reciprocity.
In the event that Chile should adopt, for reasons of reciprocity, a cargo
reservation measure applicable to international cargo transportation
between Chile and a third country, the reserved cargo shall be
transported in vessels flying the Chilean flag or in vessels considered
as Chilean vessels.
& /en 211
Sector: Transportation
Sub-Sector: Water transport services and shipping
Obligations Concerned: National Treatment (Investment and CBTS)
Most-Favoured-Nation Treatment (Investment and CBTS)
Senior Management and Boards of Directors (Investment)
Local Presence (CBTS)
Level of Government: Central
Measures: Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law,
Titles I, II, III, IV and V (Decreto Ley 2.222, Diario Oficial, mayo 31,
1978, Ley de Navegación, Títulos I, II, III, IV y V)
Code of Commerce, Book III, Titles I, IV and V (Código de
Comercio, Libro III, Títulos I, IV y V)
& /en 212
Description: Investment and Cross-Border Trade in Services
Only a Chilean natural or juridical person may register a vessel in
Chile. Such juridical person must be constituted with principal
domicile and real and effective seat in Chile. In addition, more
than 50 % of its capital must be held by Chilean natural or juridical
persons. For these purposes, a juridical person with ownership
participation in another juridical person that owns a vessel has to
comply with all the aforementioned requisites. The president, manager
and majority of the directors or administrators must be Chilean natural
persons.
A joint ownership (comunidad) may register a vessel if (1) the
majority of the joint ownership is Chilean with domicile and residency
in Chile; (2) the administrators are Chileans; and (3) the majority of
the rights of the joint ownership belong to a Chilean natural or
juridical person. For these purposes, a juridical person with ownership
participation in a joint ownership (comunidad) that owns a vessel has
to comply with all the aforementioned requisites to be considered
Chilean.
& /en 213
Special vessels owned by foreign natural or juridical persons may be
registered in Chile, if those persons meet the following conditions: (1)
domicile in Chile; (2) principal head office in Chile; or (3)
undertaking a profession or commercial activity in a permanent way in
Chile.
"Special vessels" are those used in services, operations or for specific
purposes, with special features for the functions they perform, such as
tugboats, dredgers, scientific or recreational vessels, among others.
For the purposes of this paragraph, a special vessel does not include a
fishing vessel.
The maritime authority may provide better treatment based on the
principle of reciprocity.
& /en 214
Sector: Transportation
Sub-Sector: Water transport services and shipping
Obligations Concerned: National Treatment (CBTS)
Most-Favoured-Nation Treatment (CBTS)
Local Presence (CBTS)
Level of Government: Central
Measures: Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law,
Titles I, II, III, IV and V (Decreto Ley 2.222, Diario Oficial, 31 mayo
de 1978, Ley de Navegación, Títulos I, II, III, IV y V)
Supreme Decree 153, Official Gazette, 11 March 1966, Approves the
Sea People, Fluvial and Lacustrine Personnel Registration General
Act (Decreto Supremo 153, Diario Oficial, 11 marzo de 1966,
Aprueba el Reglamento General de Matrícula del Personal de Gente
de Mar, Fluvial y Lacustre)
Code of Commerce, Book III, Titles I, IV and V (Código de
Comercio, Libro III, Títulos I, IV y V)
& /en 215
Description: Cross-Border Trade in Services
Foreign vessels shall be required to use pilotage, anchoring and
harbour pilotage services when the maritime authorities so require. In
tugging activities or other manoeuvres performed in Chilean ports,
only tugboats flying the Chilean flag shall be used.
Captains shall be required to be Chilean nationals and to be
acknowledged as such by the pertinent authorities. Officers on Chilean
vessels must be Chilean natural persons registered in the Officers'
Registry (Registro de oficiales). Crewmembers of a Chilean vessel
must be Chilean, have the permit granted by the Maritime Authority
(Autoridad Marítima) and be registered in the respective Registry.
Professional titles and licences granted by a foreign country may be
considered valid for the discharge of officers' duties on Chilean
vessels pursuant to a substantiated resolution (resolución fundada)
issued by the Director of the Maritime Authority.
Ship captains (patrón de nave) shall be Chilean nationals. A ship
captain is a natural person who, pursuant to the corresponding title
awarded by the Director of the Maritime Authority, is empowered to
exercise command on smaller vessels and on certain special larger
vessels.
& /en 216
Fishing boat captains (patrones de pesca), machinists
(mecánicos-motoristas), machine operators (motoristas), sea-faring
fishermen (marineros pescadores), small-scale fishermen
(pescadores), industrial or maritime trade technical employees or
workers, and industrial and general ship service crews on fishing
factories or fishing boats shall be required to be Chilean nationals.
Foreigners with domicile in Chile shall also be authorised to perform
those activities when so requested by ship operators (armadores) for
being indispensable to initiate those activities.
In order to fly the Chilean flag, the ship captain (patrón de nave),
officers and crew must be Chilean nationals. Nevertheless, if
indispensable, the General Directorate for the Maritime Territory and
Merchant Fleet (Dirección General del Territorio Marítimo y de
Marina Mercante), on the basis of a substantiated resolution
(resolución fundada) and on a temporary basis, may authorise the
hiring of foreign personnel, with the exception of the captain, who
must always be a Chilean national.
Only Chilean natural or juridical persons shall be authorised to act in
Chile as multimodal operators.
& /en 217
Sector: Transportation
Sub-Sector: Water transport services and shipping
Obligations Concerned: National Treatment (Investment and CBTS)
Senior Management and Boards of Directors (Investment)
Local Presence (CBTS)
Level of Government: Central
Measures: Code of Commerce, Book III, Titles I, IV and V (Código de
Comercio, Libro III, Títulos I, IV y V)
Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law,
Titles I, II and IV (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978,
Ley de Navegación, Títulos I, II y IV)
Decree 90 of the Ministry of Labour and Social Welfare, Official
Gazette, 21 January 2000 (Decreto 90 del Ministerio de Trabajo y
Previsión Social, Diario Oficial, enero 21, 2000)
& /en 218
Decree 49 of the Ministry of Labour and Social Welfare, 16 July 1999
(Decreto 49 del Ministerio de Trabajo y Previsión Social, Diario
Oficial, julio 16, 1999)
Labour Code, Book I, Title II, Chapter III, paragraph 2 (Código del
Trabajo, Libro I, Título II, Capítulo III, párrafo 2)
Description: Investment and Cross-Border Trade in Services
Shipping agents or representatives of ship operators, owners or
captains, whether they are natural or juridical persons, shall be
required to be Chilean.
Work of stowage and dockage performed by natural persons is
reserved to Chileans who are duly accredited by the corresponding
authority to carry out such work and have an office established in
Chile. Whenever these activities are carried out by juridical persons,
they must be legally constituted in Chile and have their principal
domicile in Chile. The chairman, administrators, managers or
directors must be Chilean. More than 50 % of the corporate capital
must be held by Chilean natural or juridical persons. Such enterprises
shall designate one or more empowered agents, who will act in their
representation and who shall be Chilean nationals.
Anyone unloading, transshipping and, generally, using continental or
insular Chilean ports, particularly for landing fish catches or
processing fish catches on board, shall also be required to be a Chilean
natural or juridical person.
& /en 219
Sector: Transportation
Sub-Sector: Land transportation
Obligations Concerned: National Treatment (CBTS)
Most-Favoured-Nation Treatment (CBTS)
Local Presence (CBTS)
Level of Government: Central
Measures: Supreme Decree 212 of the Ministry of Transport and
Telecommunications, Official Gazette, 21 November 1992 (Decreto
Supremo 212 del Ministerio de Transportes y Telecomunicaciones,
Diario Oficial, noviembre 21, 1992)
Decree 163 of the Ministry of Transport and Telecommunications,
Official Gazette, 4 January 1985 (Decreto 163 del Ministerio de
Transportes y Telecomunicaciones, Diario Oficial, enero 4, 1985)
Supreme Decree 257 of the Ministry of Foreign Affairs, Official
Gazette, 17 October 1991 (Decreto Supremo 257 del Ministerio de
Relaciones Exteriores, Diario Oficial, octubre 17, 1991)
& /en 220
Description: Cross-Border Trade in Services
Foreign natural and juridical persons qualified to supply international
transportation services in the territory of Chile cannot supply local
transportation services or participate in any manner whatsoever in
those activities in the territory of Chile.
Only companies with actual and effective domicile in Chile and
organised under the laws of Chile, Argentina, Bolivia, Brazil, Peru,
Uruguay or Paraguay shall be authorised to supply international land
transportation services between Chile and Argentina, Bolivia, Brazil,
Peru, Uruguay or Paraguay.
Furthermore, to obtain an international land transport permit, in the
case of foreign juridical persons, more than 50 % of its corporate
capital and effective control shall be held by nationals of Chile,
Argentina, Bolivia, Brazil, Peru, Uruguay or Paraguay.
& /en 221
Sector: Transportation
Sub-Sector: Land transportation
Obligations Concerned: Most-Favoured-Nation Treatment (CBTS)
Level of Government: Central
Measures: Law 18.290, Official Gazette, 7 February 1984, Title IV (Ley 18.290,
Diario Oficial, febrero 7, 1984, Título IV)
Supreme Decree 485 of the Ministry of Foreign Affairs, Official
Gazette, 7 September 1960, Geneva Convention (Decreto
Supremo 485 del Ministerio de Relaciones Exteriores, Diario Oficial,
septiembre 7, 1960, Convención de Ginebra)
Description: Cross-Border Trade in Services
Motor vehicles bearing foreign licence plates that enter Chile on a
temporary basis, pursuant to provisions set out in Convention on Road
Traffic, done at Geneva on 19 September 1949 (Geneva Convention),
shall circulate freely throughout the territory of Chile for the period
established therein, provided that they comply with the requirements
established by Chilean law.
& /en 222
Holders of valid international driving licences or certificates issued in
a foreign country in accordance with the Geneva Convention may
drive anywhere within the territory of Chile. The driver of a vehicle
bearing foreign licence plates who holds an international driver's
licence shall present, upon request by the authorities, the documents
certifying both the roadworthiness of the vehicle and the use and
validity of his or her personal documents.
& /en 223
EUROPEAN
COMMISSION
Brussels, 5.7.2023
COM(2023) 434 final
ANNEX 3 – PART 1/2
ANNEX
to the
Proposal for a Council Decision
on the signing, on behalf of the European Union, of the Interim Agreement on Trade
between the European Union and the Republic of Chile
EN EN
ANNEX 10-B
RESERVATIONS FOR FUTURE MEASURES
Headnotes
1. The Schedules of the Parties in Appendices 10-B-1 and 10-B-2 set out, pursuant to
Articles 10.11 and 11.8, the reservations taken by the Parties with respect to existing or more
restrictive or new measures that do not conform with obligations imposed by:
(a) Article 11.6;
(b) Article 10.6 or 11.4;
(c) Article 10.8 or 11.5;
(d) Article 10.10; or
(e) Article 10.9.
2. The reservations of a Party are without prejudice to the rights and obligations of the Parties
under GATS.
& /en 1
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; and
& /en 2
6. For the purposes of the Schedules of the Parties, a reservation for a requirement to have a
local presence in the territory of the Parties is taken with respect to Article 11.6 and not with respect
to Article 10.6 or 11.4 or, in Annex 10-C, with respect to Article 11.7.
7. A reservation taken at the level of the European Union 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 European Union and its
Member States, 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 Article 10.6, 11.4. These 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. While not listed in this Annex, such measures continue to apply.
& /en 3
9. For greater certainty, for the European Union, the obligation to grant national treatment does
not entail the 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 European Union, 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, consistent with Chapter 10, 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 33.8 and are only relevant in the context of trade relations between the European Union and
its Member States with Chile. They do not affect the rights and obligations of the Member States
under European Union law.
& /en 4
12. The following abbreviations are used in the Schedule of the European Union:
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
& /en 5
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
& /en 6
Appendix 10-B-1
SCHEDULE OF THE EUROPEAN UNION
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
& /en 7
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
& /en 8
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 board of directors (Investment)
Local presence (CBTS)
Chapter/Section: Investment liberalisation and Cross-border trade in services
& /en 9
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 for natural persons, who do not enjoy regional citizenship in
Åland, and for 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), s. 2; and
Ahvenanmaan itsehallintolaki (Act on the Autonomy of Åland) (1144/1991), s. 11.
With respect to Investment liberalisation – National treatment, Performance requirements,
Senior management and boards of directors:
& /en 10
In FR: Pursuant to Articles L151-1 and 153-1 sec 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.
& /en 11
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 European Union in Annex 10-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 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
& /en 12
(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.
& /en 13
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 2012defining 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.
& /en 14
(b) Acquisition of real estate
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors:
In HU: The acquisition of state-owned properties.
With respect to Investment liberalisation – National treatment:
In HU: The acquisition of arable land by foreign juridical persons and non-resident natural
persons.
Existing measures:
HU: Act CXXII of 2013 on the circulation of agricultural and forestry land (Chapter II
(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.
& /en 15
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.
& /en 16
With respect to Investment liberalisation – National treatment; Cross-border trade in
services – Local presence:
In BG: Foreign natural and juridical persons cannot acquire land. Juridical persons of BG with
foreign participation cannot acquire agricultural land. Foreign juridical 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 juridical 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.
Existing measures:
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 juridical persons that are not from the EEA or from members of the
Organisation for Economic Co-operation and Development ("OECD") can acquire an
immovable asset which contains agricultural 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.
& /en 17
Existing measures:
EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables
Act) Chapters 2 and 3.
With respect to Investment liberalisation – 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 LT 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
OECD and North Atlantic Treaty Organization conducting economic activities in LT, which
are specified by the constitutional law in compliance with the criteria of European Union and
other integration which LT 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.
& /en 18
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 XIII-3165; Law on acquisition of agricultural land of 28 January 2003 No IX-1314, new
redaction from 1 January 2018 No XIII-801, last amendment 14 May 2020 No XIII-2935; and
Forest Law of 22 November 1994 No I-671, new redaction 10 April 2001 No IX-240, last
amendment 25 June 2020 No XIII-3115.
(c) Recognition
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In EU: The European Union directives on mutual recognition of diplomas and other
professional qualification only apply to the citizens of the European Union. The right to
practise a regulated professional service in one Member State does not grant the right to
practise in another Member State.
& /en 19
(d) Most-favoured-nation treatment
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border
trade in services – Most-favoured-nation treatment:
In EU: According differential treatment to a third country pursuant to any international
investment treaty or other trade agreement in force or signed prior to the date of entry into
force of this Agreement.
In EU: According differential treatment to a third country pursuant to any existing or future
bilateral or multilateral agreement which:
(i) creates an internal market in services and investment;
(ii) grants the right of establishment; or
(iii) requires the approximation of legislation in one or more economic sectors;
"internal market in services and investment" means an area without internal frontiers in which
the free movement of services, capital and persons is ensured;
& /en 20
"right of establishment" means an obligation to abolish in substance all barriers to
establishment among the parties to the bilateral or multilateral agreement by the entry into
force of that agreement. The right of establishment shall include the right of nationals of the
parties to the bilateral or multilateral agreement to set up and operate enterprises under the
same conditions provided for nationals under the law of the party where such establishment
takes place;
"approximation of legislation" means:
(i) the alignment of the legislation of one or more of the parties to the bilateral or
multilateral agreement with the legislation of the other Party or parties to that
agreement; or
(ii) the incorporation of common legislation into the law of the parties to the bilateral or
multilateral agreement.
Such alignment or incorporation shall take place, and shall be deemed to have taken place,
only at such time that it has been enacted in the law of the party or parties to the bilateral or
multilateral agreement.
& /en 21
Existing measures:
EU: Agreement on the European Economic Area1; Stabilisation Agreements; EU-Swiss
Confederation bilateral agreements; and Deep and Comprehensive Free Trade Agreements.
In EU: According differential treatment relating to the right of establishment to nationals or
enterprises through existing or future bilateral agreements between the following Member
States: BE, DE, DK, EL, ES, FR, IE, IT, LU, NL, PT and any of the following countries or
principalities: Andorra, Monaco, San Marino and the Vatican City State.
In DK, FI, SE: Measures taken by DK, SE and FI aimed at promoting Nordic cooperation,
such as:
(i) financial support to research and development (R&D) projects (the Nordic Industrial
Fund);
(ii) funding of feasibility studies for international projects (the Nordic Fund for Project
Exports); and
(iii) financial assistance to companies utilizing environmental technology (the Nordic
Environment Finance Corporation); the purpose of the Nordic Environment Finance
Corporation (NEFCO) is to promote investments of Nordic environmental interest, with
a focus on Eastern Europe.
1 OJ EC L 1, 3.1.1994, p. 3.
& /en 22
This reservation is without prejudice to the exclusion of procurement by a Party or subsidies
in subparagraphs (e) and (f) of Article 11.1(2) of this Agreement.
In PL: Preferential conditions for establishment or the cross-border supply of services, which
may include the elimination or amendment of certain restrictions embodied in the list of
reservations applicable in PL, may be extended through commerce and navigation treaties.
In PT: Waiving nationality requirements for the exercise of certain activities and professions
by natural persons supplying services for countries in which Portuguese is the official
language (Angola, Brazil, Cape Verde, Guinea-Bissau, Equatorial Guinea, Mozambique, São
Tomé & Principe, and East Timor).
(e) Arms, munition and war material
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment, Senior management and boards of directors, Performance requirements and Cross-
border trade in services – National treatment, Most-favoured-nation treatment, Local
presence:
In EU: Production or distribution of, or trade in, arms, munitions and war material. War
material is limited to any product which is solely intended and made for military use in
connection with the conduct of war or defence activities.
& /en 23
Reservation No. 2 – Professional services – other than health related services
Sector: Professional services – legal services: services of notaries and by
bailiffs; accounting and bookkeeping services; auditing services,
taxation advisory services; architecture and urban planning services,
engineering services, and integrated engineering services
Industry classification: Part of CPC 861, part of CPC 87902, 862, 863, 8671, 8672, 8673,
8674, and part of CPC 879
Type of reservation: National treatment
Most-favoured-nation treatment
Senior management and board of directors
Chapter: Investment liberalisation and Cross-border trade in services
& /en 24
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Legal services
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors and Cross-border trade in services – National treatment:
In EU, with the exception of SE: The supply of legal advisory and legal authorisation,
documentation, and certification services provided by legal professionals entrusted with
public functions, such as notaries, "huissiers de justice" or other "officiers publics et
ministériels", and with respect to services provided by bailiffs who are appointed by an
official act of government (part of CPC 861, part of CPC 87902).
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border
trade in services – Most-favoured-nation treatment:
In BG: Full national treatment on the establishment and operation of companies, as well as on
the supply of services, may be extended only to companies established in, and citizens of, the
countries with whom preferential arrangements have been or will be concluded (part of
CPC 861).
& /en 25
In LT: Attorneys from foreign countries can participate as advocates in court only in
accordance with international agreements (part of CPC 861), including specific provisions
regarding legal representation before courts.
(b) Auditing services (CPC – 86211, 86212 other than accounting and bookkeeping services)
With respect to Cross-border trade in services – National treatment:
In BG: An independent financial audit shall be implemented by registered auditors who are
members of the Institute of the Certified Public Accountants. Subject to reciprocity, the
Institute of the Certified Public Accountants shall register an audit entity of Chile or of a third
country upon the latter furnishing proof that:
(i) three-fourths of the members of the management bodies and the registered auditors
carrying out audit on behalf of the entity meet requirements equivalent to those for
Bulgarian auditors and have passed successfully the examinations for it;
(ii) the audit entity carries out independent financial audit in accordance with the
requirements for independence and objectivity; and
(iii) the audit entity publishes on its website an annual transparency report or performs other
equivalent requirements for disclosure in case it audits public-interest entities.
& /en 26
Existing Measures:
BG: Independent Financial Audit Act.
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors:
In CZ: Only a juridical person in which at least 60 % of capital interests or voting rights are
reserved to nationals of Czechia or of the Member States is authorised to carry out audits in
Czechia.
Existing Measures:
CZ: Law of 14 April 2009 no. 93/2009 Coll., on Auditors, as amended.
(c) Architecture and urban planning services (CPC 8674)
With respect to Cross-border trade in services – National treatment:
In HR: The cross-border supply of urban planning.
& /en 27
Reservation No. 3 – Professional services – health related and retail of pharmaceuticals
Sector: Health related professional services and retail sales of pharmaceutical,
medical and orthopaedic goods, other services provided by
pharmacists
Industry classification: CPC 63211, 85201, 9312, 9319, 93121, 932
Type of reservation: National treatment
Senior management and board of directors
Performance requirements
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
& /en 28
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Medical and dental services; services provided by midwives, nurses, physiotherapists,
psychologists and paramedical personnel (CPC 63211, 85201, 9312, 9319, 932)
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors and Cross-border trade in services – National treatment:
In FI: The supply of all health-related professional services, whether publicly or privately
funded, including medical and dental services, services provided by midwives,
physiotherapists and paramedical personnel and services provided by psychologists,
excluding services provided by nurses (CPC 9312, 93191).
Existing measures:
FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990).
In BG: The supply of all health-related professional services, whether publicly or privately
funded, including medical and dental services, services provided by nurses, midwives,
physiotherapists and paramedical personnel and services provided by psychologists
(CPC 9312, part of 9319).
& /en 29
Existing Measures:
BG: Law for Medical Establishment, Professional Organisation of Medical Nurses, Midwives
and Associated Medical Specialists Guild Act.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In CZ, MT: The supply of all health-related professional services, whether publicly or
privately funded, including the services provided by professionals such as medical doctors,
dentists, midwives, nurses, physiotherapists, paramedics, psychologists, as well as other
related services (CPC 9312, part of 9319).
Existing Measures:
CZ: Act No 296/2008 Coll., on Safeguarding the Quality and Safety of Human Tissues and
Cells Intended for Use in Man ("Act on Human Tissues and Cells"); Act No 378/2007 Coll.,
on Pharmaceuticals and on Amendments to Some Related Acts (Act on Pharmaceuticals); Act
No. 268/2014 Coll. on medical devices and amending Act No 634/2004 Coll. on
administrative fees, as subsequently amended; Act No. 285/2002 Coll., on the Donating,
Taking and Transplanting of Tissues and Organs and on Amendment to Certain Acts
(Transplantation Act); Act No. 372/2011 Coll., on health services and on conditions of their
provision; and Act No. 373/2011 Coll., on specific health services.
& /en 30
With respect to Cross-border trade in services – National treatment, Local presence:
In EU, with the exception of NL and SE: The supply of all health-related professional
services, whether publicly or privately funded, including the services provided by
professionals such as medical doctors, dentists, midwives, nurses, physiotherapists,
paramedics, and psychologists, requires residency. These services may only be provided by
natural persons physically present in the territory of the European Union (CPC 9312, part
of 93191).
In BE: The cross-border supply whether publicly or privately funded of all health-related
professional services, including medical, dental and midwives services and services provided
by nurses, physiotherapists, psychologists and paramedical personnel (part of CPC 85201,
9312, part of 93191).
With respect to Cross-border trade in services – National treatment, Most-favoured nation
treatment:
In PT: Concerning the professions of physiotherapists, paramedical personnel and podiatrists,
foreign professionals may be allowed to practice based on reciprocity.
& /en 31
(b) Veterinary services (CPC 932)
With respect to Investment liberalisation – National treatment and Cross-border trade in
services –National treatment, Local presence:
In BG: A veterinary medical establishment may be established by a natural or a juridical
person.
The practice of veterinary medicine is only allowed for nationals of the EEA and for
permanent residents (physical presence is required for permanent residents).
With respect to Cross-border trade in services – National treatment:
In BE, LV: Cross-border supply of veterinary services.
(c) Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by
pharmacists (CPC 63211)
With respect to Cross-border trade in services – Local presence:
In EU, with the exception of BE, BG, EE, ES, IE and IT: Mail order is only possible from
Member States of the EEA, thus establishment in any of those countries is required for the
retail of pharmaceuticals and specific medical goods to the general public in the European
Union.
& /en 32
In CZ: Retail sales are only possible from Member States.
In BE: The retail sales of pharmaceuticals and specific medical goods are only possible from a
pharmacy established in BE.
In BG, EE, ES, IT and LT: Cross-border retail sales of pharmaceuticals.
In IE and LT: Cross-border retail of pharmaceuticals requiring a prescription.
In PL: Intermediaries in the trade of medicinal products must be registered and have a place
of residence or registered office in the territory of PL.
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors, Performance requirements and Cross-border trade in services – National
treatment:
In FI: Retail sales of pharmaceutical products and of medical and orthopaedic goods.
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors and Cross-border trade in services – National treatment:
In SE: Retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the
general public.
& /en 33
Existing measures:
AT: Arzneimittelgesetz (Medication Act), BGBl. Nr. 185/1983, §§ 57, 59, 59a; and
Medizinproduktegesetz (Medical Products Law), BGBl. Nr. 657/1996 as amended, § 99.
BE: Arrêté royal du 21 janvier 2009 portant instructions pour les pharmaciens; and Arrêté
royal du 10 novembre 1967 relatif à l'exercice des professions des soins de santé.
CZ: Act No. 378/2007 Coll., on Pharmaceuticals, as amended; and Act No. 372/2011 Coll.,
on Health services, as amended.
FI: Lääkelaki (Medicine Act) (395/1987).
PL: Pharmaceutical Law, Art. 73a (Journal of Laws of 2020, item 944, 1493).
SE: Law on trade with pharmaceuticals (2009:336); Regulation on trade with pharmaceuticals
(2009:659); and the Swedish Medical Products Agency has adopted further regulations, the
details can be found at (LVFS 2009:9).
& /en 34
Reservation No. 4 – Business services – research and development services
Sector: Research and development services
Industry classification: CPC 851, 852, 853
Type of reservation: National treatment
Chapter: Cross-border trade in services
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In RO: Cross-border supply of research and development services.
Existing measures:
RO: Governmental Ordinance no. 6 / 2011; Order of Minister of Education and Research
no. 3548 / 2006; and Governmental Decision no. 134 / 2011.
& /en 35
Reservation No. 5 – Business services – real estate services
Sector: Real estate services
Industry classification: CPC 821, 822
Type of reservation: National treatment
Chapter: Cross-border trade in services
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In CZ and HU: Cross-border supply of real estate services.
& /en 36
Reservation No. 6 – Business services – rental or leasing services
Sector: Rental or leasing services without operators
Industry classification: CPC 832
Type of reservation: National treatment
Chapter: Cross-border trade in services
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In BE and FR: Cross-border supply of leasing or rental services without operator concerning
personal and household goods.
& /en 37
Reservation No. 7 – Business services – collection agency services and credit reporting services
Sector: Collection agency services, credit reporting services
Industry classification: CPC 87901, 87902
Type of reservation: National treatment
Local presence
Chapter: Cross-border trade in services
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In EU, with the exception of ES, LV and SE: with regard to the supply of collection agency services
and credit reporting services.
& /en 38
Reservation No. 8 – Business services – placement services
Sector – sub-sector: Business Services – placement services
Industry classification: CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209
Type of reservation: National treatment
Senior management and boards of directors
Local presence
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:
With respect to Investment liberalisation – National treatment, Senior management and boards of
directors and Cross-border trade in services – National treatment, Local presence:
In EU, with the exception of HU and SE: Supply services of domestic help personnel, other
commercial or industrial workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).
& /en 39
In BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK: Executive search services
(CPC 87201).
In AT, BG, CY, CZ, EE, FI, LT, LV MT, PL, PT, RO, SI and SK: The establishment of placement
services of office support personnel and other workers (CPC 87202).
In AT, BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK: Supply services of office
support personnel (CPC 87203).
With respect to Cross-border trade in services – National treatment, Local presence:
In EU with the exception of BE, HU and SE: The cross-border supply of placement services of
office support personnel and other workers (CPC 87202).
In IE: The cross-border supply of executive search services (CPC 87201).
In FR, IE, IT and NL: The cross-border supply of services of office personnel (CPC 87203).
With respect to Investment liberalisation –National treatment:
In DE: The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the
placement and recruitment of non-European Union and non-EEA personnel for specified
professions (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209).
& /en 40
Existing measures:
AT: §§97 and 135 of the Austrian Trade Act (Gewerbeordnung), Federal Law Gazette Nr. 194/1994
as amended; and Temporary Employment Act (Arbeitskräfteüberlassungsgesetz/AÜG), Federal
Law Gazette Nr. 196/1988 as amended.
BG: Employment Promotion Act, Articles 26, 27, 27a and 28.
CY: Private Employment Agency Law N. 126(I)/2012 as amended; and Law N.174(I)/2012 as
amended.
CZ: Act on Employment (435/2004).
DE: Gesetz zur Regelung der Arbeitnehmerüberlassung (AÜG); Sozialgesetzbuch Drittes Buch
(SGB III; Social Code, Book Three) – Employment Promotion; and Verordnung über die
Beschäftigung von Ausländerinnen und Ausländern (BeschV; Ordinance on the Employment of
Foreigners).
DK: §§ 8a – 8f in law decree no. 73 of 17 January 2014 and specified in decree no. 228
of 7 March 2013 (employment of seafarers); and Employment Permits Act 2006. S1(2) and (3).
EL: Law 4052/2012 (Official Government Gazette 41 Α) as amended to some of its provision by
the Law Ν.4093/2012 (Official Government Gazette 222 Α).
& /en 41
FI: Laki julkisesta työvoima-ja yrityspalvelusta (Act on Public Employment and Enterprise Service)
(916/2012).
HR: Labour Market Act (OG 118/18, 32/20); Labour Act (OG 93/14, 127/17, 98/19); and Aliens
Act (OG 130/11m 74/13, 67/17, 46/18, 53/20).
IE: Employment Permits Act 2006. S1(2) and (3).
IT: Legislative Decree 276/2003 Articles 4, 5.
LT: Lithuanian Labour Code of the Republic of Lithuania approved by Law No XII-2603
of 14 September 2016 of the Republic of Lithuania, last amendment 15 October 2020
No XIII-3334; and the Law on the Legal Status of Aliens of the Republic of Lithuania
of 29 April 2004 No. IX-2206, last amendment 10 November 2020 No XIII-3412.
LU: Loi du 18 janvier 2012 portant création de l'Agence pour le développement de l'emploi (Law
of 18 January 2012 concerning the creation of an agency for employment development – ADEM).
MT: Employment and Training Services Act, (Cap 343) (Articles 23 to 25); and Employment
Agencies Regulations (S.L. 343.24).
PL: Article 18 of the Act of 20 April 2004 on the promotion of employment and labour market
institutions (Dz. U. of 2015, Item. 149, as amended).
& /en 42
PT: Decree-Law No 260/2009 of 25 September, as amended by Law No. 5/2014 of 12 February;
Law No. 28/2016 of the 23 August 2016, and Law No. 146/2015 of 9 September 2015 (access and
provision of services by placement agencies).
RO: Law no. 156/2000 on the protection of Romanian citizens working abroad, republished, and
Government Decision no. 384/2001 for approving the methodological norms for applying the Law
no. 156/2000, with subsequent amendments; Ordinance of the Government no. 277/2002, as
modified by Government Ordinance No. 790/2004 and Government Ordinance No. 1122/2010; and
Law no.53/2003 – Labour Code, republished, with subsequent amendments and supplement and the
Government Decision no 1256/2011 on the operating conditions and authorization procedure for
temporary work agency.
SI: Labour market regulation act (Official Gazette of RS, No. 80/2010, 21/2013, 63/2013, 55/2017);
and Employment, Self-employment and Work of Aliens Act – ZZSDT (Official Gazette of RS,
No. 47/2015), ZZSDT-UPB2 (Official Gazette of RS, No. 1 /2018).
SK: Act No 5/2004 on Employment Services; and Act No 455/1991on Trade Licensing.
& /en 43
Reservation No. 9 – Business services –security and investigation services
Sector– sub-sector: Business services – security and investigation services
Industry classification: CPC 87301, 87302, 87303, 87304, 87305, 87309
Type of reservation: National treatment
Senior management and boards of directors
Performance requirements
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
& /en 44
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Security services (CPC 87302, 87303, 87304, 87305, 87309)
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors, Performance requirements and Cross-border trade in services – National
treatment, Local Presence:
In BG, CY, CZ, EE, LT, LV, MT, PL, RO, SI and SK: The supply of security services.
In DK, HR and HU: The supply of the following subsectors: guard services (87305) in HR
and HU, security consultation services (87302) in HR, airport guard services (part of 87305)
in DK and armoured car services (87304) in HU.
With respect to Investment liberalisation –National treatment, Senior management and boards
of directors and Cross-border trade in services –National treatment, Local presence:
In BE: Nationality of a Member State is required for boards of directors of enterprises
supplying guard and security services (87305) as well as consultancy and training relating to
security services (87302). The senior management of companies providing guard and security
consultancy services required to be resident nationals of a Member State.
& /en 45
In FI: Licences to supply security services may be granted only to natural persons resident in
the EEA or juridical persons established in the EEA.
In ES: The cross-border supply of security services. Nationality requirements exist for private
security personnel.
With respect to Cross-border trade in services – National treatment, Local presence:
In BE, FI, FR and PT: The supply of security services by a foreign provider on a cross-border
basis is not allowed. Nationality requirements exist for specialised personnel in PT and for
managing directors and directors in FR.
Existing measures:
BE: Loi réglementant la sécurité privée et particulière, 2 Octobre 2017.
BG: Private Security Business Act.
CZ: Trade Licensing Act.
DK: Regulation on aviation security.
FI: Laki yksityisistä turvallisuuspalveluista 282/2002 (Private Security Services Act).
& /en 46
LT: Law on security of Persons and Assets 8 July 2004 No. IX-2327.
LV: Security Guard Activities Law (Sections 6, 7, 14).
PL: Act of 22 August 1997 on the protection of persons and property (Journal of Laws
of 2016, item 1432 as amended).
PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio 2019; and Ordinance 273/2013 alterada
p/ Portaria 106/2015, 13 abril 2015.
SI: Zakon o zasebnem varovanju (Law on private security).
(b) Investigation services (CPC 87301)
With respect to Investment liberalisation –National treatment, Senior management and boards
of directors, Performance requirements and Cross-border trade in services – National
treatment, Local presence:
In EU, with the exception of AT and SE: The supply of investigation services.
& /en 47
Reservation No. 10 – Business services – other business services
Sector– sub-sector: Business services – other business services (translation and
interpretation services, duplicating services, services incidental to
energy distribution and services incidental to manufacturing)
Industry classification: CPC 86764, 86769, 87905, 87904, 884, 8868, 887
Type of reservation: National treatment
Most-favoured-nation treatment
Senior management and board of directors
Performance requirements
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
& /en 48
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Translation and interpretation services (CPC 87905)
With respect to Cross-border trade in services – Local presence:
In HR: Cross-border supply of translation and interpretation of official documents.
(b) Duplicating services (CPC 87904)
With respect to Cross-border trade in services – National treatment, Local presence:
In HU: Cross-border supply of duplicating services.
& /en 49
(c) Services incidental to energy distribution and services incidental to manufacturing (Part of
CPC 884, 887 other than advisory and consulting services)
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors and Cross-border trade in services – National treatment, Local presence:
In HU: Services incidental to energy distribution, and cross-border supply of services
incidental to manufacturing, with the exception of advisory and consulting services relating to
these sectors.
(d) Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof (part
of CPC 86764, 86769, 8868)
With respect to Cross-border trade in services – National treatment, Local presence:
In EU, with the exception of DE, EE and HU: The cross-border supply of maintenance and
repair services of rail transport equipment.
In EU, with the exception of CZ, EE, HU, LU and SK: Cross-border supply of maintenance
and repair services of inland waterway transport vessels.
In EU, with the exception of EE, HU and LV: The cross-border supply of maintenance and
repair services of maritime vessels.
& /en 50
In EU, with the exception of AT, EE, HU, LV, and PL: The cross-border supply of
maintenance and repair services of aircraft and parts thereof (part of CPC 86764, 86769,
8868).
In EU: The cross-border supply of services of statutory surveys and certification of ships.
Existing measures:
EU: Regulation (EC) No 391/2009 of the European Parliament and the Council1.
(e) Other business services related to aviation
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border
trade in services – Most-favoured-nation treatment:
1 Regulation (EC) No 391/2009 of the European Parliament and the Council of 23 April 2009
on common rules and standards for ship inspection and survey organisations (OJ EC L 131,
28.5.2009, p. 11).
& /en 51
In EU: According differential treatment to a third country pursuant to existing or future
bilateral agreements relating to the following services:
(i) selling and marketing of air transport services;
(ii) computer reservation system (CRS) services;
(iii) maintenance and repair of aircraft and parts;
(iv) rental or leasing of aircraft without crew.
& /en 52
Reservation No. 11 – Telecommunication
Sector: Satellite broadcast transmission services
Type of reservation: National treatment
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:
In BE: Satellite broadcast transmission services.
& /en 53
Reservation No. 12 – Construction
Sector: Construction services
Industry classification: CPC 51
Type of reservation: National treatment
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:
In LT: The right to prepare design documentation for construction works of exceptional
significance is only given to a design enterprise registered in Lithuania or a foreign design
enterprise which has been approved by an institution authorised by the government for those
activities. The right to perform technical activities in the main areas of construction may be granted
to a non-Lithuanian person who has been approved by an institution authorised by the government
of Lithuania.
& /en 54
Reservation No. 13 – Distribution services
Sector: Distribution services
Industry classification: CPC 621, 62117, 62251, 62228, 62251, 62271, 8929, part of 62112,
62226, part of 62272, 62276, part of 631, 63108, part of 6329
Type of reservation: National treatment
Senior management and boards of directors
Performance requirements
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) Distribution of pharmaceuticals
With respect to Cross-border trade in services – Local presence:
In BG: Cross-border wholesale distribution of pharmaceuticals (CPC 62251).
& /en 55
With respect to Investment liberalisation – National treatment, Performance requirements,
Senior management and boards of director, and Cross-border trade in services – National
treatment:
In FI: Distribution of pharmaceutical products (CPC 62117, 62251, 8929).
Existing measures:
BG: Law on Medicinal Products in Human Medicine; and Law on Medical Devices.
FI: Lääkelaki (Medicine Act) (395/1987).
(b) Distribution of alcoholic beverages
In FI: Distribution of alcoholic beverages (part of CPC 62112, 62226, 63107, 8929).
Existing measures:
FI: Alkoholilaki (Alcohol Act) (1102/2017).
& /en 56
(c) Other distribution (part of CPC 621, 62228, 62251, 62271, part of 62272, 62276, 63108, part
of 6329)
With respect to Cross-border trade in services – National treatment, Local presence:
In BG: Wholesale distribution of chemical products, precious metals and stones, medical
substances and products and objects for medical use; tobacco and tobacco products and
alcoholic beverages.
BG reserves the right to adopt or maintain any measure with respect to the services provided
by commodity brokers.
Existing measures:
In BG: Law on Medicinal Products in Human Medicine; Law on Medical Devices; Law of
Veterinary Activity; Law for Prohibition of Chemical Weapons and for Control over Toxic
Chemical Substances and Their Precursors; Law for Tobacco and Tobacco Products; Law on
excise duties and tax warehouses; and Law on wine and spirits.
& /en 57
Reservation No. 14 – Education services
Sector: Education services
Industry classification: CPC 92
Type of reservation: National treatment
Senior management and boards of directors
Performance requirements
Local presence
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:
With respect to Investment liberalisation – National treatment, Performance requirements, Senior
management and boards of director, and Cross-border trade in services –National treatment, Local
presence:
& /en 58
In EU: Educational services which receive public funding or State support in any form. Where the
supply of privately funded education services by a foreign provider is permitted, participation of
private operators in the education system may be subject to concession allocated on a non-
discriminatory basis.
In EU, with the exception of CZ, NL, SE and SK: With respect to the supply of privately funded
other education services, which means other than those classified as being primary, secondary,
higher and adult education services (CPC 929).
In CY, FI, MT and RO: The supply of privately funded primary, secondary, and adult education
services (CPC 921, 922, 924).
In AT, BG, CY, FI, MT and RO: The supply of privately funded higher education services
(CPC 923).
In CZ and SK: The majority of the members of the board of directors of an establishment providing
privately funded education services must be nationals of that country (CPC 921, 922, 923 for SK
other than 92310, 924).
& /en 59
In SI: Privately funded elementary schools may be founded by Slovenian natural or juridical
persons only. The service supplier must establish a registered office or a branch. The majority of the
members of the board of directors of an establishment providing privately funded secondary or
higher education services must be Slovenian nationals (CPC 922, 923).
In SE: Educational services suppliers that are approved by public authorities to provide education.
This reservation applies to privately funded educational services suppliers with some form of State
support, inter alia educational service suppliers recognised by the State, educational services
suppliers under State supervision or education which entitles to study support (CPC 92).
In SK: EEA residency is required for suppliers of all privately funded education services other than
post-secondary technical and vocational education services. (CPC 921, 922, 923 other than 92310,
924).
With respect to Cross-border trade in services – National treatment, Local presence:
In BG, IT and SI: To restrict the cross-border supply of privately funded primary education services
(CPC 921).
In BG and IT: To restrict the cross-border supply of privately funded secondary education services
(CPC 922).
& /en 60
In AT: To restrict the cross-border supply of privately funded adult education services by means of
radio or television broadcasting (CPC 924).
Existing measures:
BG: Public Education Act, Article 12; Law for the Higher Education, paragraph 4 of the additional
provisions; and Vocational Education and Training Act, Article 22.
FI: Perusopetuslaki (Basic Education Act) (628/1998); Lukiolaki (General Upper Secondary
Schools Act) (629/1998); Laki ammatillisesta koulutuksesta (Vocational Training and Education
Act) (630/1998); Laki ammatillisesta aikuiskoulutuksesta (Vocational Adult Education Act)
(631/1998); Ammattikorkeakoululaki (Polytechnics Act) (351/2003); and Yliopistolaki
(Universities Act) (558/2009).
IT: Royal Decree 1592/1933 (Law on secondary education); Law 243/1991 (Occasional public
contribution for private universities); Resolution 20/2003 of CNVSU (Comitato nazionale per la
valutazione del sistema universitario); and Decree of the President of the Republic (DPR) 25/1998.
SK: Act 245/2008 on education; Act 131/2002 on Universities; and Act 596/2003 on State
Administration in Education and School Self- Administration.
& /en 61
Reservation No. 15 – Environmental services
Sector– sub-sector: Environmental services – waste and soil management
Industry classification: CPC 9401, 9402, 9403, 94060
Type of reservation: Local presence
Chapter: Cross-border trade in services
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In DE: The supply of waste management services other than advisory services, and with respect to
services relating to the protection of soil and the management of contaminated soils, other than
advisory services.
& /en 62
Reservation No. 16 – Health services and social services
Sector: Health services and social services
Industry classification: CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193,
93199
Type of reservation: National treatment
Most-favoured-nation treatment
Senior management and board of directors
Performance requirements
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
& /en 63
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Health services – hospital, ambulance, residential health services (CPC 93, 931, other
than 9312, part of 93191, 9311, 93192, 93193, 93199)
With respect to Investment liberalisation – National treatment, Performance requirements,
Senior management and boards of directors:
In EU: For the supply of all health services which receive public funding or State support in
any form.
In EU: For all privately funded health services, other than privately funded hospital,
ambulance, and residential health facilities services other than hospital services.
This reservation does not relate to the supply of all health-related professional services,
including the services supplied by professionals such as medical doctors, dentists, midwives,
nurses, physiotherapists, paramedics, and psychologists, which are covered by other
reservations (CPC 931 other than 9312, part of 93191).
In AT, PL and SI: The supply of privately funded ambulance services (CPC 93192).
& /en 64
In BE: the establishment of privately funded ambulance and residential health facilities
services other than hospital services (CPC 93192, 93193).
In BG, CY, CZ, FI, MT and SK: The supply of privately-funded hospital, ambulance, and
residential health services other than hospital services (CPC 9311, 93192, 93193).
In FI: Supply of other human health services (CPC 93199).
Existing measures:
CZ: Act No. 372/2011 Coll. on Health Care Services and Conditions of Their Provision.
FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990).
With respect to Investment liberalisation –National treatment, Most-favoured nation
treatment, Senior management and boards of directors, Performance requirements:
In DE: The supply of the Social Security System of Germany, where services may be
provided by different companies or entities involving competitive elements which are thus not
"services carried out exclusively in the exercise of governmental authority". To accord better
treatment in the context of a bilateral trade agreement with regard to the supply of health and
social services (CPC 93).
& /en 65
With respect to Investment liberalisation – National treatment:
In DE: The ownership of privately funded hospitals run by the German Forces.
The nationalisation of other key privately funded hospitals (CPC 93110).
In FR: To the supply of privately funded laboratory analysis and testing services.
With respect to Cross-border trade in services – National treatment:
In FR: The supply of privately funded laboratory analysis and testing services (part of
CPC 9311).
Existing measures:
FR: Code de la Santé Publique.
& /en 66
(b) Health and social services, including pension insurance
With respect to Cross-border trade in services – National treatment, Local presence:
In EU, with the exception of HU: The cross-border supply of health services, social services
and activities or services forming part of a public retirement plan or statutory system of social
security. This reservation does not relate to the supply of all health-related professional
services, including the services provided by professionals such as medical doctors, dentists,
midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by
other reservations (CPC 931 other than 9312, part of 93191).
In HU: The cross-border supply of all hospital, ambulance, and residential health services
other than hospital services, which receive public funding (CPC 9311, 93192, 93193).
(c) Social services, including pension insurance
With respect to Investment liberalisation –National treatment, Senior management and boards
of directors, Performance requirements:
In EU: The supply of all social services which receive public funding or State support in any
form and activities or services forming part of a public retirement plan or statutory system of
social security.
& /en 67
In BE, CY, DE, DK, EL, ES, FR, IE, IT and PT: The supply of privately funded social
services other than services relating to convalescent and rest houses and old people's homes.
In CZ, FI, HU, MT, PL, RO, SK, and SI: The supply of privately funded social services.
In DE: The Social Security System of Germany, where services are provided by different
companies or entities involving competitive elements and might therefore not fall under the
definition of the "services carried out exclusively in the exercise of governmental authority".
Existing measures:
FI: Laki yksityisistä sosiaalipalveluista (Private Social Services Act) (922/2011).
IE: Health Act 2004 (S. 39); and Health Act 1970 (as amended –S.61A).
IT: Law 833/1978 Institution of the public health system; Legislative Decree 502/1992
Organisation and discipline of the health field; and Law 328/2000 Reform of social services.
& /en 68
Reservation No. 17 – Tourism and travel related services
Sector: Tourist guides services, health and social services
Industry classification: CPC 7472
Type of reservation: National treatment
Most-favoured-nation treatment
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:
With respect to Investment liberalisation –National treatment and Cross-border trade in services –
National treatment:
In FR: To require nationality of a Member State for the supply of tourist guide services.
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade
in services – Most-favoured-nation treatment:
In LT: In so far as Chile allows nationals of LT to provide tourist guide services, LT will allow
nationals of Chile to provide tourist guide services under the same conditions.
& /en 69
Reservation No. 18 – Recreational, cultural and sporting services
Sector: Recreational, cultural and sporting services
Industry classification: CPC 962, 963, 9619, 964
Type of reservation: National treatment
Senior management and board of directors
Performance requirements
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
& /en 70
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Libraries, archives, museums and other cultural services (CPC 963)
With respect to Investment liberalisation – National treatment, Performance requirements,
Senior management and boards of director, and Cross-border trade in services – National
treatment, Local presence:
In EU, with the exception of AT and, for investment liberalisation, in LT: The supply of
library, archive, museum and other cultural services.
In AT and LT: A licence or concession may be required for establishment.
(b) Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other
than 96492)
With respect to Cross-border trade in services – National treatment:
In EU, with the exception of AT and SE: The cross-border supply of entertainment services,
including theatre, live bands, circus and discotheque services.
& /en 71
With respect to Investment liberalisation – National treatment, Performance requirements,
Senior management and boards of director, and Cross-border trade in services – National
treatment, Local presence:
In CY, CZ, FI, MT, PL, RO, SI and SK: With respect to the supply of entertainment services,
including theatre, live bands, circus and discotheque services.
In BG: The supply of the following entertainment services: circus, amusement park and
similar attraction services, ballroom, discotheque and dance instructor services, and other
entertainment services.
In EE: The supply of other entertainment services except for cinema theatre services.
In LT and LV: The supply of all entertainment services other than cinema theatre operation
services.
In CY, CZ, LV, PL, RO and SK: The cross-border supply of sporting and other recreational
services.
& /en 72
(c) News and press agencies (CPC 962)
With respect to Investment liberalisation – National treatment, Most-favoured-nation
treatment:
In FR: Foreign participation in existing companies publishing publications in the French
language may not exceed 20 % of the capital or of voting rights in the company. The
establishment of press agencies of Chile is subject to conditions set out in domestic
regulation. The establishment of press agencies by foreign investors is subject to reciprocity.
Existing measures:
FR: Ordonnance n° 45-2646 du 2 novembre 1945 portant règlementation provisoire des
agences de presse; and Loi n° 86-897 du 1 août 1986 portant réforme du régime juridique de
la presse.
& /en 73
(d) Gambling and betting services (CPC 96492)
With respect to Investment liberalisation – National treatment, Performance requirements,
Senior management and boards of director, and Cross-border trade in services – National
treatment, Local presence:
In EU: The supply of gambling activities, which involve wagering a stake with pecuniary
value in games of chance, including in particular lotteries, scratch cards, gambling services
offered in casinos, gambling arcades or licensed premises, betting services, bingo services and
gambling services operated by and for the benefit of charities or non-profit-making
organisations.
& /en 74
Reservation No. 19 – Transport services and auxiliary transport services
Sector: Transport services
Type of reservation: National treatment
Most-favoured-nation treatment
Senior management and board of directors
Performance requirements
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
& /en 75
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Maritime transport – any other commercial activity undertaken from a ship
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors, Performance requirements and Cross-border trade in services – National
treatment:
In EU: The nationality of the crew on a seagoing or non-seagoing vessel.
With respect to Investment liberalisation –National treatment, Most-favoured nation
treatment, Senior management and boards of directors:
In EU, except LV and MT: Only EU natural or juridical persons may register a vessel and
operate a fleet under the national flag of the state of establishment (applies to all commercial
marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services
incidental to fishing; international passenger and freight transportation (CPC 721); and
services auxiliary to maritime transport).
In EU: For feeder services, and for repositioning owned or leased containers on a non-revenue
basis by European Union shipping companies, for the part of these services which does not
fall under the exclusion of national maritime cabotage.
& /en 76
With respect to Cross-border trade in services – National treatment, Local presence:
In SK: Foreign investors must have their principal office in the SK in order to apply for a
licence enabling them to provide a service (CPC 722).
(b) Auxiliary services to maritime transport
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors and Cross-border trade in services – National treatment, Local presence:
In EU: The supply of pilotage and berthing services. For greater certainty, regardless of the
criteria which may apply to the registration of ships in a Member State, the European Union
reserves the right to require that only ships registered on the national registers of Member
States may provide pilotage and berthing services (CPC 7452).
In EU, with the exception of LT and LV: Only vessels carrying the flag of a Member State
may provide pushing and towing services (CPC 7214).
With respect to Cross-border trade in services –National treatment, Local presence:
In LT: Only juridical persons of LT or juridical persons of a Member State with branches in
LT that have a Certificate issued by the Lithuanian Maritime Safety Administration may
provide pilotage and berthing, pushing and towing services (CPC 7214, 7452).
& /en 77
With respect to Cross-border trade in services – National treatment, Local presence:
In BE: Cargo handling services can only be operated by accredited workers, eligible to work
in port areas designated by royal decree (CPC 741).
Existing measures:
BE: Loi du 8 juin 1972 organisant le travail portuaire; Arrêté royal du 12 janvier 1973
instituant une Commission paritaire des ports et fixant sa dénomination et sa compétence;
Arrêté royal du 4 septembre 1985 portant agrément d'une organisation d'employeur (Anvers);
Arrêté royal du 29 janvier 1986 portant agrément d'une organisation d'employeur (Gand);
Arrêté royal du 10 juillet 1986 portant agrément d'une organisation d'employeur (Zeebrugge);
Arrêté royal du 1er mars 1989 portant agrément d'une organisation d'employeur (Ostende);
and Arrêté royal du 5 juillet 2004 relatif à la reconnaissance des ouvriers portuaires dans les
zones portuaires tombant dans le champ d'application de la loi du 8 juin 1972 organisant le
travail portuaire, tel que modifié.
(c) Inland waterways transport and auxiliary services to inland waterways transport
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment, Senior management and boards of directors, Performance requirements and
Cross-border trade in services – National treatment, Local presence, Most-favoured-nation
treatment:
In EU: Inland waterways passenger and freight transportation (CPC 722); and services
auxiliary to inland waterways transportation.
& /en 78
(d) Rail transport and auxiliary services to rail transport
With respect to Investment liberalisation – National treatment, Most-favoured nation
treatment and Cross-border trade in services – National treatment, Most-favoured-nation
treatment, Local presence:
In EU: Railway passenger transportation (CPC 7111).
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border
trade in services – Most-favoured-nation treatment, Local presence:
In EU: Railway freight transportation (CPC 7112). Subject to conditions of reciprocity.
In LT: Maintenance and repair services of rail transport equipment are subject to a state
monopoly (CPC 86764, 86769, part of 8868).
Existing measures:
EU: Directive 2012/34/EU of the European Parliament and of the Council1.
1 Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012
establishing a single European railway area (OJ EU L 343 14.12.2012, p. 32).
& /en 79
(e) Road transport (passenger transportation, freight transportation, international truck transport
services) and services auxiliary to road transport
With respect to Investment liberalisation –National treatment, Senior management and boards
of directors and Cross-border trade in services – National treatment:
In EU:
(i) to require establishment and to limit the cross-border supply of road transport services
(CPC 712); and
(ii) to limit the supply of cabotage within a Member State by foreign investors established
in another Member State (CPC 712).
With respect to Investment liberalisation –National treatment, and Cross-border trade in
services – Local presence
In BG: For passenger and freight transportation, exclusive rights or authorisations may only
be granted to nationals of a Member State and to juridical persons of the European Union
having their headquarters in the European Union. Incorporation is required (CPC 712).
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
& /en 80
In FI: Authorisation is required to provide road transport services, which is not extended to
foreign registered vehicles (CPC 712).
With respect to Investment liberalisation – National treatment:
In FR: The supply of intercity bussing services (CPC 712).
With respect to Cross-border trade in services –Local presence:
In BG: To require establishment for supporting services to road transport (CPC 744).
Existing measures:
EU: Regulation (EC) No 1071/2009 of the European Parliament and of the Council1;
Regulation (EC) No 1072/2009 of the European Parliament and of the Council2; and
Regulation (EC) No 1073/2009 of the European Parliament and of the Council3.
FI: Laki kaupallisista tavarankuljetuksista tiellä (Act on Commercial Road
Transport) 693/2006; Laki liikenteen palveluista (Act on Transport Services) 320/2017; and
Ajoneuvolaki (Vehicles Act) 1090/2002.
1
Regulation (EC) No 1071/2009 of the European Parliament and of the Council
of 21 October 2009 establishing common rules concerning the conditions to be complied with
to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC
(OJ EC L 300, 14.11.2009, p. 51).
2
Regulation (EC) No 1072/2009 of the European Parliament and of the Council
of 21 October 2009 on common rules for access to the international road haulage market
(OJ EC L 300, 14.11.2009, p. 72).
3
Regulation (EC) No 1073/2009 of the European Parliament and of the Council
of 21 October 2009 on common rules for access to the international market for coach and bus
services, and amending Regulation (EC) No 561/2006 (OJ EC L 300 14.11.2009, p. 88).
& /en 81
(f) Space transport and rental of space craft
With respect to Investment liberalisation – National treatment, Performance requirements,
Senior management and boards of directors and Cross-border trade in services – National
treatment, Local presence:
In EU: The supply of space transport services and the supply of rental of space craft services
(CPC 733, part of 734).
(g) Most-favoured-nation exemptions
With respect to Investment liberalisation – Most-favoured-nation treatment, and Cross-border
trade in services – Most-favoured-nation treatment:
– Transport (cabotage) other than maritime transport
In FI: According differential treatment to a country pursuant to existing or future
bilateral agreements exempting vessels registered under the foreign flag of a specified
other country or foreign registered vehicles from the general prohibition from providing
cabotage transport (including combined transport, road and rail) in FI on the basis of
reciprocity (part of CPC 711, part of 712, part of 722).
& /en 82
– Supporting services for maritime transport
In BG: Insofar as Chile allows service suppliers from BG to supply cargo-handling
services and storage and warehouse services in sea and river harbours, including
services relating to containers and goods in containers, BG will allow service suppliers
from Chile to supply cargo-handling services and storage and warehouse services in sea
and river harbours, including services relating to containers and goods in containers
under the same conditions (part of CPC 741, part of 742).
– Rental or leasing of vessels
In DE: Chartering-in of foreign ships by consumers resident in DE may be subject to a
condition of reciprocity (CPC 7213, 7223, 83103).
& /en 83
– Road and rail transport
In EU: To accord differential treatment to a third country pursuant to existing or future
bilateral agreements relating to international road haulage (including combined
transport – road or rail) and passenger transport, concluded between the European
Union or the Member States and a third country (CPC 7111, 7112, 7121, 7122, 7123).
That treatment may:
(i) reserve or limit the supply of the relevant transport services between the
contracting parties or across the territory of the contracting parties to vehicles
registered in each contracting party1; or
(ii) provide for tax exemptions for such vehicles.
– Road transport
In BG: Measures taken under existing or future agreements, which reserve or restrict the
supply of these kinds of transportation services and specify the terms and conditions of
this supply, including transit permits or preferential road taxes, in the territory of
Bulgaria or across the borders of Bulgaria (CPC 7121, 7122, 7123).
1 With regard to Austria the part of the most-favoured-nation treatment exemption regarding
traffic rights covers all countries with whom bilateral agreements on road transport or other
arrangements relating to road transport exist or may be considered in future.
& /en 84
In CZ: Measures that are taken under existing or future agreements, and which reserve
or limit the supply of transport services and specify operating conditions, including
transit permits or preferential road taxes of a transport services into, in, across and out
of CZ to the contracting parties concerned (CPC 7121, 7122, 7123).
In ES: Authorisation for the establishment of a commercial presence in ES may be
refused to service suppliers whose country of origin does not accord effective market
access to service suppliers of ES (CPC 7123). Ley 16/1987, de 30 de julio, de
Ordenación de los Transportes Terrestres.
In HR: Measures applied under existing or future agreements on international road
transport and which reserve or limit the supply of transport services and specify
operating conditions, including transit permits or preferential road taxes of transport
services into, in, across and out of Croatia to the parties concerned (CPC 7121, 7122,
7123).
In LT: Measures that are taken under bilateral agreements and which set the provisions
for transport services and specify operating conditions, including bilateral transit and
other transport permits for transport services into, through and out of the territory of
Lithuania to the contracting parties concerned, and road taxes and levies (CPC 7121,
7122, 7123).
& /en 85
In SK: Measures that are taken under existing or future agreements, and which reserve
or limit the supply of transport services and specify operating conditions, including
transit permits or preferential road taxes of a transport services into, in, across and out
of Slovakia to the contracting parties concerned (CPC 7121, 7122, 7123).
– Rail transport
In BG, CZ and SK: For existing or future agreements, and which regulate traffic rights
and operating conditions, and the supply of transport services in the territory of
Bulgaria, Czechia and Slovakia and between the countries concerned (CPC 7111,
7112).
– Air transport – Services auxiliary to air transport
In EU: According differential treatment to a third country pursuant to existing or future
bilateral agreements relating to ground-handling services.
– Road and rail transport
In EE: when according differential treatment to a country pursuant to existing or future
bilateral agreements on international road transport (including combined transport-road
or rail), reserving or limiting the supply of a transport services into, in, across and out of
Estonia to the contracting parties to vehicles registered in each contracting party, and
providing for tax exemption for such vehicles (part of CPC 711, part of 712, part
of 721).
& /en 86
– All passenger and freight transport services other than maritime and air transport
In PL: Insofar as Chile allows the supply of transport services into and across the
territory of Chile by passenger and freight transport suppliers of Poland, Poland will
allow the supply of transport services by passenger and freight transport suppliers of
Chile into and across the territory of Poland under the same conditions.
& /en 87
Reservation No. 20 – Agriculture, fishing and water
Sector: Agriculture, hunting, forestry; fishing, aquaculture, services incidental
to fishing; collection, purification and distribution of water
Industry classification: ISIC Rev. 3.1 011, 012, 013, 014, 015, CPC 8811, 8812, 8813 other
than advisory and consultancy services; 0501, 0502, CPC 882
Type of reservation: National treatment
Most-favoured-nation treatment
Senior management and board of directors
Performance requirements
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
& /en 88
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Agriculture, hunting and forestry
With respect to Investment liberalisation – National treatment:
In HR: Agricultural and hunting activities.
In HU: Agricultural activities (ISIC Rev. 3.1 011, 012, 013, 014, 015, CPC 8811, 8812, 8813
other than advisory and consultancy services).
Existing measures:
HR: Agricultural Land Act (OG 20/18, 115/18, 98/19).
& /en 89
(b) Fishing, aquaculture and services incidental to fishing (ISIC Rev. 3.1 0501, 0502, CPC 882)
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors, Performance requirements, Most-favoured-nation treatment and Cross-
border trade in services – National treatment, Most-favoured-nation treatment, Local
presence:
In EU:
1. In particular within the framework of the Common Fisheries Policy, and of fishing
agreements with a third country, access to and use of the biological resources and
fishing grounds situated in maritime waters coming under the sovereignty or the
jurisdiction of Member States, or entitlements for fishing under a Member State fishing
licence, including:
(a) regulating the landing of catches by vessels flying the flag of the Chile or a third
country with respect to the quotas allocated to them or, only with respect to
vessels flying the flag of a Member State, requiring that a proportion of the total
catch is landed in European Union ports;
(b) determining a minimum size for a company in order to preserve both artisanal and
coastal fishing vessels;
& /en 90
(c) according differential treatment pursuant to existing or future bilateral agreements
relating to fisheries; and
(d) requiring the crew of a vessel flying the flag of a Member State to be nationals of
Member States.
2. A fishing vessel’s entitlement to fly the flag of a Member State only if:
(a) it is wholly owned by:
(i) companies incorporated in the European Union; or
(ii) nationals of Member States;
(b) its day-to-day operations are directed and controlled from within the European
Union; and
(c) any charterer, manager or operator of the vessel is a company incorporated in the
European Union or a national of a Member State.
3. A commercial fishing licence granting the right to fish in the territorial waters of a
Member State may only be granted to vessels flying the flag of a Member State.
& /en 91
4. The establishment of marine or inland aquaculture facilities.
5. Points (a), (b), (c) (other than with respect to most-favoured-nation treatment) and (d) of
paragraph 1, point (a)(i), points (b) and (c) of paragraph 2, and paragraph 3 only apply
to measures which are applicable to vessels or to enterprises irrespective of the
nationality of their beneficial owners.
The nationality of the crew of a fishing vessel flying the flag of a Member State.
The establishment of marine or inland aquaculture facilities.
With respect to Investment liberalisation – National treatment, Most-favoured-nation
treatment and Cross-border trade in services – National treatment:
In BG: The taking of marine and river-living resources, performed by vessels in the internal
marine waters, and the territorial sea of BG, shall be performed by vessels flying the flag of
BG. A foreign ship may not engage in commercial fishing in the exclusive economic zone
save on the basis of an agreement between BG and the flag State. While passing through the
exclusive economic zone, foreign fishing ships may not maintain their fishing gear in
operational mode.
& /en 92
(c) Collection, purification and distribution of water
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
In EU: 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.
& /en 93
Reservation No. 21 – Mining and Energy related activities
Sector: Mining and quarrying – energy producing materials; mining and
quarrying – metal ores and other mining; Energy related activities –
production, transmission and distribution on own account of
electricity, gas, steam and hot water; pipeline transportation of fuels;
storage and warehouse of fuels transported through pipelines; and
services incidental to energy distribution
Industry classification: ISIC Rev. 3.1 10, 1110, 12, 120, 1200, 13, 14, 232, 233, 2330, 40,
401, 4010, 402, 4020, part of 4030, CPC 613, 62271, 63297, 7131,
71310, 742, 7422, part of 88, 887.
Type of reservation: National treatment
Senior management and board of directors
Performance requirements
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
& /en 94
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Mining and Energy activities – general (ISIC Rev. 3.1 10, 1110, 13, 14, 232, 40, 401, 402,
part of 403, 41; CPC 613, 62271, 63297, 7131, 742, 7422, 887 (other than advisory and
consulting services))
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors, Performance requirements and Cross-border trade in services – National
treatment, Local presence:
In EU: Where a Member State permits foreign ownership of a gas or electricity transmission
system, or an oil and gas pipeline transport system, with respect to enterprises of Chile
controlled by natural or juridical persons of a third country which accounts for more than 5 %
of the European Union's oil, natural gas or electricity imports, in order to guarantee the
security of the energy supply of the European Union as a whole, or of an individual Member
State. This reservation does not apply to advisory and consultancy services provided as
services incidental to energy distribution.
This reservation does not apply to HR, HU and LT (for LT, only CPC 7131) with regard to
the pipeline transport of fuels, nor to LV with regard to services incidental to energy
distribution, nor to SI with regard to services incidental to the distribution of gas
(ISIC Rev. 3.1 401, 402, CPC 7131, 887 other than advisory and consultancy services).
& /en 95
In CY: For the manufacture of refined petroleum products insofar as the investor is controlled
by a natural or juridical person of a third country which accounts for more than 5 % of the
European Union's oil or natural gas imports, as well as to the manufacture of gas, distribution
of gaseous fuels through mains on own account, the production, transmission and distribution
of electricity, the pipeline transportation of fuels, services incidental to electricity and natural
gas distribution other than advisory and consulting services, wholesale services of electricity,
retailing services of motor fuel, electricity and non-bottled gas. Nationality and residency
conditions applies for electricity related services. (ISIC Rev. 3.1 232, 4010, 4020, CPC 613,
62271, 63297, 7131, and 887 other than advisory and consulting services).
In FI: The transmission and distribution networks and systems of energy and of steam and hot
water.
In FI: The quantitative restrictions in the form of monopolies or exclusive rights for the
importation of natural gas, and for the production and distribution of steam and hot water.
Currently, natural monopolies and exclusive rights exist (ISIC Rev. 3.1 40, CPC 7131, 887
other than advisory and consultancy services).
In FR: The electricity and gas transmission systems and oil and gas pipeline transport
(CPC 7131).
& /en 96
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors and Cross-border trade in services – National treatment, Local presence:
In BE: The energy distribution services, and services incidental to energy distribution
(CPC 887 other than consultancy services).
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment, Local presence:
In BE: 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.
Establishment is required within the European Union (ISIC Rev. 3.1 4010, CPC 71310).
In BG: For services incidental to energy distribution (part of CPC 88).
In PT: For the production, transmission and distribution of electricity, the manufacturing of
gas, the pipeline transportation of fuels, wholesale services of electricity, retailing services of
electricity and non-bottled gas, and services incidental to electricity and natural gas
distribution. Concessions for electricity and gas sectors are assigned only to limited
companies with their headquarters and effective management in PT (ISIC Rev. 3.1 232, 4010,
4020, CPC 7131, 7422, 887 other than advisory and consulting services).
& /en 97
In SK: An authorisation is required for the production, transmission and distribution of
electricity, manufacture of gas and distribution of gaseous fuels, production and distribution
of steam and hot water, pipeline transportation of fuels, wholesale and retail of electricity,
steam and hot water, and services incidental to energy distribution, including services in the
area of energy efficiency, energy savings and energy audit. For all those activities, an
authorisation may only be granted to a natural person with permanent residency in the EEA or
a juridical person of the EEA.
With respect to Investment liberalisation – National treatment, Local presence:
In BE: With the exception of the mining of metal ores and other mining and quarrying,
enterprises controlled by natural or juridical persons of a third country which accounts for
more than 5 % of the European Union's oil or natural gas or electricity imports may be
prohibited from obtaining control of the activity. Incorporation is required (no branching)
(ISIC Rev. 3.1 10, 1110, 13, 14, 232, part of 4010, part of 4020, part of 4030).
Existing measures:
EU: Directive (EU) 2019/944 of the European Parliament and of the Council1; and
Directive 2009/73/EC of the European Parliament and of the Council2.
1 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on
common rules for the internal market for electricity and amending Directive 2012/27/EU
(OJ EU L 158, 14.6.2019, p. 125).
2 Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009
concerning common rules for the internal market in natural gas and repealing
Directive 2003/55/EC (OJ EU L 211, 14.8.2009, p. 94).
& /en 98
BG: Energy Act.
CY: The Regulation of the Electricity Market Law of 2003 Law, as amended or replaced; the
Regulating of the Gas Market Laws of 2004, as amended or replaced; the Petroleum
(Pipelines) Law, Chapter 273; the Petroleum Law L.64(I)/1975, as amended or replaced; and
the Petroleum and Fuel Specifications Laws of 2003, as amended or replaced.
FI: Sähkömarkkinalaki (Electricity Market Act) (386/1995); and Maakaasumarkkinalaki
(Natural Gas Market Act) (587/2017).
FR: Code de l'énergie.
PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October 2012 – Natural Gas;
Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October 2012 – Electricity; and
Decree-Law 31/2006, 15 February 2006 – Crude oil/Petroleum products.
SK: Act 51/1988 on Mining, Explosives and State Mining Administration; Act 569/2007 on
Geological Works; Act 251/2012 on Energy; and Act 657/2004 on Thermal Energy.
& /en 99
(b) Electricity (ISIC Rev. 3.1 40, 401; CPC 62271, 887 (other than advisory and consulting
services))
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors, Performance requirements and Cross-border trade in services – National
treatment:
In FI: The importation of electricity. With respect to cross-border trade, the wholesale and
retail of electricity.
In FR: Only companies where 100 % of the capital is held by the French State, by another
public sector organisation or by Electricité de France (EDF), may own and operate electricity
transmission or distribution systems.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In BG: For the production of electricity and the production of heat.
In LT: Wholesale and retail services and trading of electricity that originates from non-safe
nuclear sources.
In PT: The activities of electricity transmission and distribution are carried out through
exclusive concessions of public service.
& /en 100
With respect to Investment liberalisation – National treatment, Most-favoured-nation
treatment and Cross-border trade in services – Local presence:
In BE: An individual authorisation for the production of electricity of a capacity of 25 MW or
above requires establishment in the European Union, or in another State which has a regime
similar to that enforced by Directive 2009/72/EC of the European Parliament and of the
Council1 in place, and where the company has an effective and continuous link with the
economy.
The production of electricity within the offshore territory of BE is subject to concession and a
joint venture obligation with a juridical person of the European Union, or with a juridical
person of a country having a regime similar to that of Directive 2009/72/EC of the European
Parliament and of the Council2, particularly with regard to conditions relating to the
authorisation and selection.
1 Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009
concerning common rules for the internal market in electricity and repealing
Directive 2003/54/EC (OJ EU L 211, 14.8.2009, p. 55).
2 Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009
concerning common rules for the internal market in electricity and repealing
Directive 2003/54/EC (OJ EU L 211, 14.8.2009, p. 55).
& /en 101
Additionally, the juridical person should have its central administration or its head office in a
Member State or a country meeting the above criteria, where it has an effective and
continuous link with the economy.
The construction of electrical power lines which link offshore production to the transmission
network of Elia requires authorisation and the company must meet the previously specified
conditions, except for the joint venture requirement.
With respect to Cross-border trade in services – National treatment, Local presence:
In BE: An authorisation is necessary for the supply of electricity by an intermediary having
customers established in BE who are connected to the national grid system or to a direct line
whose nominal voltage is higher than 70,000 volts. That authorisation may only be granted to
a natural or juridical person of the EEA.
& /en 102
Existing measures:
BE: Arrêté Royal du 11 octobre 2000 fixant les critères et la procédure d'octroi des
autorisations individuelles préalables à la construction de lignes directes; Arrêté Royal
du 20 décembre 2000 relatif aux conditions et à la procédure d'octroi des concessions
domaniales pour la construction et l'exploitation d'installations de production d'électricité à
partir de l'eau, des courants ou des vents, dans les espaces marins sur lesquels la Belgique
peut exercer sa juridiction conformément au droit international de la mer; and Arrêté Royal
du 12 mars 2002 relatif aux modalités de pose de câbles d'énergie électrique qui pénètrent
dans la mer territoriale ou dans le territoire national ou qui sont installés ou utilisés dans le
cadre de l'exploration du plateau continental, de l'exploitation des ressources minérales et
autres ressources non vivantes ou de l'exploitation d'îles artificielles, d'installations ou
d'ouvrages relevant de la juridiction belge; Arrêté royal relatif aux autorisations de fourniture
d'électricité par des intermédiaires et aux règles de conduite applicables à ceux-ci; and Arrêté
royal du 12 juin 2001 relatif aux conditions générales de fourniture de gaz naturel et aux
conditions d'octroi des autorisations de fourniture de gaz naturel.
FI: Sähkömarkkinalak (Electricity Market Act) 588/2013; and Maakaasumarkkinalaki
(Natural Gas Market Act) (587/2017)
LT: Law on Necessary measures to protect against non-safe nuclear electrical threats from
third countries of 20 April 2017 No XIII-306 (last amendment 19 December 2019,
No XIII-2705).
& /en 103
PT: Decree-Law 215-A/2012; and Decree-Law 215-B/2012, 8 October 2012 – Electricity.
(c) Fuels, gas, crude oil or petroleum products (ISIC Rev. 3.1 232, 40, 402; CPC 613, 62271,
63297, 7131, 71310, 742, 7422, part of 88, 887 (other than advisory and consulting services))
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors, Performance requirements and Cross-border trade in services – National
treatment:
In FI: To prevent control or ownership of a liquefied natural gas (LNG) terminal (including
those parts of the LNG terminal used for storage or re-gasification of LNG) by foreign natural
or juridical persons for energy security reasons.
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.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – Local presence:
In BE: For bulk storage services of gas, regarding the types of legal entities and the treatment
of public or private operators to whom BE has conferred exclusive rights. Establishment is
required within the European Union for bulk storage services of gas (part of CPC 742).
& /en 104
In BG: For pipeline transportation, storage and warehousing of petroleum and natural gas,
including transit transmission (CPC 71310, part of 742).
In PT: For the cross-border supply of storage and warehousing services of fuels transported
through pipelines (natural gas). Also, concessions relating to the transmission, distribution
and underground storage of natural gas and the reception, storage and regasification terminal
of LNG are awarded through contracts concession, following public calls for tenders
(CPC 7131, 7422).
With respect to Cross-border trade in services – Local presence:
In BE: The pipeline transport of natural gas and other fuels is subject to an authorisation
requirement. An authorisation may only be granted to a natural or juridical person established
in a Member State (in accordance with Article 3 of the AR of 14 May 2002).
Where the authorisation is requested by a company:
(i) the company must be established in accordance with Belgian law, or the law of another
Member State, or the law of a third country, which has undertaken commitments to
maintain a regulatory framework similar to the common requirements specified in
Directive 2009/73/EC of the European Parliament and of the Council1; and
1 Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009
concerning common rules for the internal market in natural gas and repealing
Directive 2003/55/EC (OJ EU L 211, 14.8.2009, p. 94).
& /en 105
(ii) the company must hold its administrative seat, its principal establishment or its head
office within a Member State, or a third country, which has undertaken commitments to
maintain a regulatory framework similar to the common requirements specified in
Directive 2009/73/EC of the European Parliament and of the Council, provided that the
activity of this establishment or head office represents an effective and continuous link
with the economy of the country concerned (CPC 7131).
In BE: In general the supply of natural gas to customers (customers being both distribution
companies and consumers whose overall combined consumption of gas arising from all points
of supply attains a minimum level of one million cubic metres per year) established in BE is
subject to an individual authorisation provided by the minister, except where the supplier is a
distribution company using its own distribution network. Such an authorisation may only be
granted to natural or juridical persons of the European Union.
With respect to Cross-border trade in services – Local presence:
In CY: For the cross-border supply of storage and warehousing services of fuels transported
through pipelines, and the retail sales of fuel oil and bottled gas other than by mail order
(CPC 613, 62271, 63297, 7131, 742).
& /en 106
Existing measures:
BE: Arrêté Royal du 14 mai 2002 relatif à l'autorisation de transport de produits gazeux et
autres par canalisations; and Loi du 12 avril 1965 relative au transport de produits gazeux et
autres par canalisations Article 8.2).
BG: Energy Act.
CY: The Regulation of the Electricity Market Law of 2003, Law 122(I)/2003 as amended; the
Regulating of the Gas Market Laws of 2004, Law 183(I)/2004 as amended; the Petroleum
(Pipelines) Law, Chapter 273; the Petroleum Law Chapter 272 as amended; and the
Petroleum and Fuel Specifications Laws of 2003, Law 148(I)/2003 as amended.
FI: Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017).
FR: Code de l'énergie.
HU: Act XVI of 1991 about Concessions.
LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973.
PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October 2012 – Natural Gas;
Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October 2012 – Electricity; and
Decree-Law 31/2006, 15 February 2006 – Crude oil/Petroleum products.
& /en 107
(d) Nuclear (ISIC Rev. 3.1 12, 23, 120, 1200, 233, 2330, 40, part of 4010, CPC 887))
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors and Cross-border trade in services – National treatment:
In DE: For the production, processing or transportation of nuclear material and generation or
distribution of nuclear-based energy.
With respect to Investment liberalisation – National treatment and Cross-border trade in
services – National treatment:
In AT and FI: for the production, processing distribution or transportation of nuclear material
and generation or distribution of nuclear-based energy.
In BE: For the production, processing or transportation of nuclear material and generation or
distribution of nuclear-based energy.
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors, Performance requirements:
In HU and SE: For the processing of nuclear fuel and nuclear-based electricity generation.
& /en 108
With respect to Investment liberalisation – 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 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 liberalisation – 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 für ein atomfreies Österreich (Constitutional Act for a
Non-nuclear Austria) BGBl. I Nr. 149/1999.
& /en 109
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).
& /en 110
Reservation No. 22 – Other services not included elsewhere
Sector: Other services not included elsewhere
Industry classification: CPC 9703, part of 612, part of 621, part of 625, part of 85990
Type of reservation: National treatment
Senior management and board of directors
Performance requirements
Local presence
Chapter: Investment liberalisation and Cross-border trade in services
& /en 111
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 liberalisation – 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 liberalisation – National treatment, Senior management and
boards of directors and Cross-border trade in services – National treatment, Local presence:
In DE: Only juridical 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.
& /en 112
Existing measures:
FI: Hautaustoimilaki (Act on Burial Service) (457/2003).
PT: Decree-Law 10/2015, of 16 January alterado p/ Lei 15/2018, 27 março.
SE: Begravningslag (1990:1144) (Act of Burials); and Begravningsförordningen (1990:1147)
(Ordinance of Burials).
(b) New services
With respect to Investment liberalisation – National treatment, Senior management and
boards of directors, Performance requirements and Cross-border trade in services – National
treatment, Local presence:
In EU: For the provision of new services other than those classified in the CPC.
& /en 113
Appendix 10-B-2
SCHEDULE OF CHILE
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Investment)
Most-Favoured-Nation Treatment (Investment)
Description: 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 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.
& /en 114
Existing Measures: Decree Law 1.939, Official Gazette, 10 November 1977, Rules for
acquisition, administration and disposal of State owned assets, Title I
(Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977, Normas
sobre adquisición, administración y disposición de bienes del Estado,
Título I)
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Investment)
Senior Management and Boards of Directors (Investment)
Description: 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 that 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.
& /en 115
A "State company"1 means any company owned or controlled by
Chile by means of an interest share in the ownership thereof, and
includes 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 company or
governmental entity.
Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Investment and CBTS)
Description: 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.
1 A list of existing state companies in Chile can be found on the following website:
http://www.dipres.gob.cl.
& /en 116
Chile reserves the right to adopt or maintain any measure that accords
differential treatment to countries under any international agreement
in force on, or signed after, the date of entry into force of this
Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Existing Measures:
Sector: Communications
Sub-Sector: Satellite broadcasting of digital telecommunication services
Obligations Concerned: Local Presence (CBTS)
Description: 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.
& /en 117
Existing Measures: Law 18.168, Official Gazette, 2 October 1982, General
Telecommunications Law, Titles I, II, III, V and VI (Ley 18.168,
Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones,
Títulos I, II, III, V y VI)
Sector: Communications
Sub-Sector: Satellite broadcasting of digital telecommunication services
Obligations Concerned: National Treatment (Investment)
Most-Favoured-Nation Treatment (Investment)
Performance Requirements (Investment)
Senior Management and Boards of Directors (Investment)
Description: Investment
Chile reserves the right to adopt or maintain any measure related to
the investors of the other Party or to their investments in one-way
satellite broadcasting of digital telecommunication services.
& /en 118
Existing Measures: Law 18.168, Official Gazette, 2 October 1982, General
Telecommunications Law, Titles I, II, III, V and VI (Ley 18.168,
Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones,
Títulos I, II, III, V y VI)
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.
& /en 119
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:
& /en 120
Sector: Education
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 relating to:
(a) investors and an investment of an investor of the other Party in
education; and
(b) natural persons who supply educational services in Chile.
& /en 121
Subparagraph (b) includes teachers and auxiliary personnel supplying
educational services in pre-school, kindergarten, special education,
elementary, secondary or higher education, professional, technical or
university education, and all other persons that supply services related
to education, including sponsors of educational institutions of any
kind, schools, lyceums, academies, training centres, professional and
technical institutes or universities.
This reservation does not apply to investors and an investment of an
investor of the other Party in kindergarten, pre-school, elementary or
secondary private education institutions, that do not receive public
resources, or to the supply of services related to second-language
training, corporate, business, and industrial training and skill
upgrading, which include consulting services relating to technical
support, advice, curriculum, and programme development in
education.
Existing Measures:
Sector: Government Finances
Sub-Sector:
& /en 122
Obligations Concerned: National Treatment (Investment)
Description: Investment
Chile reserves the right to adopt or maintain any measure related to
the acquisition, sale or disposal by the other Party’s nationals of
bonds, treasury securities or any other type of debt instruments issued
by the Central Bank of Chile (Banco Central de Chile) or the
Government of Chile. This entry is not intended to affect the rights of
the other Party’s financial institutions (banks) established in Chile to
acquire, sell or dispose of such instruments when required for the
purposes of regulatory capital.
Existing Measures:
Sector: Fisheries
Sub-Sector: Fishing related activities
Obligations Concerned: National Treatment (Investment and CBTS)
Most-Favoured-Nation Treatment (Investment and CBTS)
& /en 123
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to control the activities of foreign fishing,
including fish landing, first landing of fish processed at sea and access
to Chilean ports (port privileges).
Chile reserves the right to control the use of beaches, land adjacent to
beaches (terrenos de playas), water-columns (porciones de agua) and
sea-bed lots (fondos marinos) for the issuance of maritime
concessions. For greater certainty, "maritime concessions" do not
cover aquaculture.
Existing Measures: Decree Law 2.222, Official Gazette, 31 May 1978, Navigation Law,
Titles I, II, III, IV and V (Decreto Ley 2.222, Diario Oficial,
mayo 31, 1978, Ley de Navegación Títulos I, II, III, IV y V)
D.F.L. 340, Official Gazette, 6 April 1960, about Maritime
Concessions (D.F.L. 340, Diario Oficial, abril 6, 1960, sobre
Concesiones Marítimas)
& /en 124
Supreme Decree 660, Official Gazette, 28 November 1988, Maritime
Concession Act (Decreto Supremo 660, Diario Oficial,
noviembre 28, 1988, Reglamento de Concesiones Marítimas)
Supreme Decree 123 of the Ministry of Economic Affairs,
Development and Reconstruction, Vice-Ministry of Fishing, Official
Gazette, 23 August 2004, On Use of Ports (Decreto Supremo 123 del
Ministerio de Economía, Fomento y Reconstrucción, Subsecretaría de
Pesca, Diario Oficial, agosto 23, 2004, Sobre Uso de Puertos)
Sector: Arts industries and Cultural Industries
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Investment and CBTS)
Description: 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 existing or future bilateral
or multilateral international agreement, with respect to arts and
cultural industries, such as audio-visual cooperation agreements.
& /en 125
For greater certainty, government-supported subsidy programmes for
the promotion of cultural activities are not subject to the limitations or
obligations of this Agreement.
For the purposes of this entry, "arts and cultural industries" includes:
(a) books, magazines, periodical publications, or printed or
electronic newspapers, excluding the printing and typesetting of
any of the foregoing;
(b) recordings of movies or videos;
(c) music recordings in audio or video format;
(d) printed music scores or scores readable by machines;
(e) visual arts, artistic photography and new media;
(f) performing arts, including theatre, dance and circus arts; and
(g) media services or multimedia.
& /en 126
Existing Measures:
Sector: Entertainment and Broadcasting Services
Sub-Sector:
Obligations Concerned: National Treatment (Investment and CBTS)
Most-Favoured-Nation Treatment (Investment and CBTS)
Performance Requirements (Investment)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure relating to:
(a) the organisation and presentation in Chile of concerts and
musical performances; or
& /en 127
(b) radio broadcasts aimed at the public in general, as well as all
radio, television and cable television-related activities, satellite
programming services and broadcasting networks.
Notwithstanding the above, Chile shall extend to the persons and
investors of the other Party, and their investments, treatment no less
favourable than that Party accords persons and investors of Chile, and
their investments.
Existing Measures:
Sector: Social Services
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)
& /en 128
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure with respect
to the supply of public law enforcement and correctional services, and
the following services to the extent that they are social services
established or maintained for reasons of public interest: income
security or insurance, social security or insurance, social welfare,
education, public training, health care and child care.
Existing Measures:
Sector: Environmental Services
Sub-Sector:
Obligations Concerned: National Treatment (CBTS)
Most-Favoured-Nation Treatment (CBTS)
Local Presence (CBTS)
& /en 129
Description: Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure imposing
the requirement that the production and distribution of drinking water,
the collection and disposal of waste water and sanitation services,
such as sewage systems, waste disposal and waste water treatment,
shall only be supplied by juridical persons incorporated under Chilean
law or created in accordance with the requirements established by
Chilean law.
This entry does not apply to consultancy services retained by such
juridical persons.
Existing Measures:
Sector: Construction Services
Sub-Sector:
Obligations Concerned: National Treatment (CBTS)
Local Presence (CBTS)
& /en 130
Description: Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure with respect
to the supply of construction services by foreign juridical persons or
legal entities.
Such measures may include requirements such as residency,
registration or any other form of local presence.
Existing Measures:
Sector: Transportation
Sub-Sector: International road transportation
Obligations Concerned: National Treatment (Investment and CBTS)
Most-Favoured-Nation Treatment (Investment and CBTS)
Local Presence (CBTS)
& /en 131
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure relating to
the international land transportation of cargo or passengers in border
areas.
Additionally, Chile reserves the right to adopt or maintain the
following limitations for the supply of international land
transportation from Chile:
(a) the service supplier must be a Chilean natural or juridical
person;
(b) the service supplier must have a real and effective domicile in
Chile; and
(c) in the case of juridical persons, the service supplier must be
legally constituted in Chile and more than 50 % of its capital
stock must be owned by Chilean nationals and its effective
control must be by Chilean nationals.
& /en 132
Existing Measures:
Sector: Transportation Services
Sub-Sector: Road transportation services
Obligations Concerned: National Treatment (CBTS)
Description: Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure that
authorises only Chilean natural or juridical persons to supply land
transportation of persons or merchandise inside the territory of Chile
(cabotage). For this, the enterprises shall use vehicles registered in
Chile.
________________
& /en 133
ANNEX 10-C
MARKET ACCESS COMMITMENTS
Headnotes
1. The Schedules of the Parties in Appendices 10-C-1 and 10-C-2 set out the market access
commitments which Party undertakes pursuant to Article 10.5 or 11.7 and the reservations taken by
that Party with respect to existing or more restrictive or new measures that do not conform with
obligations imposed by such provisions, under Article 10.11 or 11.8.
2. For the purposes of this Annex, "ISIC" 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.
3. The economic activities in sectors or subsectors covered by Chapters 10 and 11 and not
inscribed in the Schedules are not covered by the market access commitments referred to in
paragraph 1.
4. The Schedule of a Party is without prejudice to the rights and obligations of the Parties under
GATS.
& /en 1
5. Each entry in the Schedules sets out the following elements:
(a) "sector" refers to the general sector in which the entry is made;
(b) "subsector" refers to the specific sector or activity in which commitments are undertaken
according, if applicable, to CPC or ISIC; and
(c) "limitations on market access" specifies the applicable limitations, including the possibility to
maintain existing measures if so specified, or to adopt new or more restrictive measures if
market access is unbound, that do not conform to the obligations set out in Article 10.5
or 11.7.
6. A reservation taken at the level of the European Union 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 commitment or 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
European Union and its Member States, 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.
& /en 2
7. The Schedules of the Parties only contain limitations on market access which are non-
discriminatory. Discriminatory measures and requirements are set out in Annexes 10-A and 10-B.
8. For greater certainty, non-discriminatory measures do not constitute a market access
limitation within the meaning of Articles 10.5 or 11.7 for any measure:
(a) requiring the separation of the ownership of infrastructure from the ownership of the goods or
services provided through that infrastructure to ensure fair competition, for example in the
fields of energy, transportation and telecommunications;
(b) restricting the concentration of ownership to ensure fair competition;
(c) seeking to ensure the conservation and protection of natural resources and the environment,
including a limitation on the availability, number and scope of concessions granted, and the
imposition of a moratorium or ban;
(d) limiting the number of authorisations granted because of technical or physical constraints, for
example telecommunications spectra and frequencies; or
(e) requiring that a certain percentage of the shareholders, owners, partners, or directors of an
enterprise be qualified or practice a certain profession such as lawyers or accountants.
& /en 3
9. The list of reservations below does 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 Article 10.5 or 11.7. These 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. While not listed in this Annex, such measures continue to apply.
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 European Union, 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, consistent with Chapter 10, 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 33.8 and are only relevant in the context of trade relations between the European Union and
its Member States with Chile. They do not affect the rights and obligations of the Member States
under European Union law.
& /en 4
12. The following abbreviations are used in the Schedule of the European Union:
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
& /en 5
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
& /en 6
Appendix 10-C-1
SCHEDULE OF THE EUROPEAN UNION
Sector or Subsector Limitations on Market Access
III-EU-1 All sectors
(a) Commercial
presence
With respect to Investment:
In the EU: Services considered as public utilities at national or local level
may be subject to public monopolies or to exclusive rights granted to
private operators.
Public utilities exist in sectors such as related scientific and technical
consulting services, research and development (R&D) services on
social sciences and humanities, technical testing and analysis services,
environmental services, health services, transport services and services
auxiliary to all modes of transport. Exclusive rights on those services are
often granted to private operators, for instance operators with concessions
from public authorities, subject to specific service obligations. Given that
public utilities often also exist at the sub-central level, detailed and
exhaustive sector-specific scheduling is not practical. This reservation
does not apply to telecommunications and to computer and related
services.
In HU: Establishment should take a form of limited liability company,
joint-stock company or representative office. Initial entry as a branch is
not permitted except for financial services.
In IT: Unbound for the acquisition of equity stakes of companies
operating in the fields of defence and national security. The acquisition of
strategic assets in the fields of transport services, telecommunications and
energy may be subject to the approval of the Presidency of the Council of
Ministers' Office.
In LT: Unbound for enterprises, sectors, zones, assets and facilities of
strategic importance to national security.
& /en 7
Sector or Subsector Limitations on Market Access
(b) Acquisition of real With respect to Investment:
estate In the EU, with the exception of HU: None.
In HU: Unbound for the acquisition of State-owned properties.
(c) Arms, munition With respect to Investment and Cross-Border Trade in Services:
and war material In the EU: Unbound for the production or distribution of, or trade in,
arms, munitions and war material. War material is limited to any product
which is solely intended and made for military use in connection with the
conduct of war or defence activities.
& /en 8
Sector or Subsector Limitations on Market Access
III-EU-2 – Professional
services (all
professions except
health-related)
(a) Legal services With respect to Investment and Cross-Border Trade in Services:
(part of CPC 861), In the EU, with the exception of SE: Unbound for the supply of legal
including patent advisory and legal authorisation, documentation, and certification
agent services services provided by legal professionals entrusted with public functions,
For greater certainty, such as notaries, "huissiers de justice" or other "officiers publics et
consistent with the ministériels", and with respect to services provided by bailiffs who are
Headnotes, in appointed by an official act of government (part of CPC 861, part
particular headnote 9, of 87902).
requirements to register In SE: None.
with a Bar may include
a requirement to have In the EU: Specific non-discriminatory legal form requirements apply in
obtained a law degree each Member State (some examples are listed below for transparency
in the host country or purposes).
its equivalent, or to In BE: Quotas apply for representation before the "Cour de cassation" in
have completed some non-criminal cases.
training under the
supervision of a In FR: Representation before the "Cour de Cassation" and "Conseil
licensed lawyer, or to d’Etat" is subject to quotas. For fully admitted lawyers, company must
have an office or a take one of the following legal form authorised under French law on a
postal address within non-discriminatory basis: SCP (société civile professionnelle), SEL
the jurisdiction of a (société d’exercice libéral), SEP (société en participation), SARL (société
specific Bar in order to à responsabilité limitée), SAS (société par actions simplifiée), SA
be eligible to apply for (société anonyme), SPE (société pluriprofessionnelle d'exercice) and
membership in that "association", under certain conditions.
Bar.
& /en 9
Sector or Subsector Limitations on Market Access
Some Member States In a law firm providing services in respect of French or European Union
may impose the law, shareholding and voting rights may be subject to quantitative
requirement of having restrictions related to the professional activity of the partners.
the right to practise In SI: Commercial presence for appointed attorneys by the Slovene Bar
host-jurisdiction law on Association is restricted to sole proprietorship, law firm with limited
those natural persons liability (partnership) or law firm with unlimited liability (partnership)
holding certain only. The activities of a law firm shall be restricted to the practice of law.
positions within a law Only attorneys may be partners in a law firm.
firm, company or
enterprise or for
shareholders.
(b) Patent agents, With respect to Investment:
industrial property
In the EU, with the exception of FR: None.
agents, intellectual
property attorneys In FR: Provision only through SCP (société civile professionnelle), SEL
(part of CPC 879, (société d'exercice libéral) or any other legal form, under certain
861, 8613) conditions.
& /en 10
Sector or Subsector Limitations on Market Access
(c) Accounting and With respect to Investment and Cross-Border Trade in Services:
book-keeping In the EU, with the exception of FR and HU: None.
services
(CPC 8621 other
than auditing
services, 86213,
86219, 86220)
With respect to Investment:
In FR: Provision through any company form except SNC (Société en
nom collectif) and SCS (Société en commandite simple). Specific
conditions apply to SEL (sociétés d'exercice libéral), AGC (Association
de gestion et comptabilité) and SPE (Société pluri-professionnelle
d'exercice). (CPC 86213, 86219, 86220).
With respect to Cross-Border Trade in Services:
In HU: Unbound for cross-border activities for accounting and
bookkeeping.
& /en 11
Sector or Subsector Limitations on Market Access
(d) Auditing services With respect to Investment and Cross-Border Trade in Services:
(CPC – 86211, In the EU, with the exception of DE, EE, BG, FR, HU, PL and PT:
86212 other than None.
accounting
services) In EE: Non-discriminatory legal form requirements apply.
With respect to Investment:
In BG: Non-discriminatory legal form requirements apply.
In FR: Provision through any company form except those in which
partners are considered to be traders ("commerçants"), such as SNC
(Société en nom collectif) and SCS (Société en commandite simple).
In PL: Legal form requirements apply.
With respect to Cross-Border Trade in Services:
In DE: Auditing companies ("Wirtschaftsprüfungsgesellschaften") may
only adopt legal forms admissible within the EEA. General partnerships
and limited commercial partnerships may be recognised as
"Wirtschaftsprüfungsgesellschaften" if they are listed as trading
partnerships in the commercial register on the basis of their fiduciary
activities.
In HU and PT: Unbound for cross-border supply of auditing services.
& /en 12
Sector or Subsector Limitations on Market Access
(e) Taxation services With respect to Investment and Cross-Border Trade in Services:
(CPC 863, not In the EU, with the exception of DE, FR and PL: None.
including legal
advisory and legal In DE, PL: Legal form requirements apply.
representational
services on tax
matters, which are
to be found under
legal services)
With respect to Investment:
In FR: Provision through any company form except SNC (Société en
nom collectif) and SCS (Société en commandite simple). Specific
conditions apply to SEL (sociétés d'exercice libéral), AGC (Association
de gestion et comptabilité) and SPE (Société pluri-professionnelle
d'exercice).
(f) Architecture and With respect to Investment and Cross-Border Trade in Services:
urban planning In the EU, with the exception of FR and HR: None.
services,
engineering and With respect to Investment:
integrated In FR: An architect may only establish in FR in order to provide
engineering architectural services using one of the following legal forms (on a non-
services discriminatory basis): SA et SARL (sociétés anonymes, à responsabilité
(CPC 8671, 8672, limitée), EURL (Entreprise unipersonnelle à responsabilité limitée), SCP
8673, 8674) (en commandite par actions), SCOP (Société coopérative et
participative), SELARL (société d'exercice libéral à responsabilité
limitée), SELAFA (société d'exercice libéral à forme anonyme), SELAS
(société d'exercice libéral) or SAS (Société par actions simplifiée), or as
individual or as a partner in an architectural firm (CPC 8671).
With respect to Cross-Border Trade in Services:
In HR: Unbound for the cross-border supply of urban planning.
& /en 13
Sector or Subsector Limitations on Market Access
III-EU-3 – Professional
services – health-
related and retail of
pharmaceuticals
(a) Medical and dental With respect to Investment and Cross-Border Trade in Services:
services; and In the EU, with the exception of AT, BE, BG, CZ, DE, FI and MT: None.
services provided
by midwives, In CZ and MT: Unbound for the supply of all health-related professional
nurses, services, whether publicly or privately funded, including the services
physiotherapists, provided by professionals such as medical doctors, dentists, midwives,
psychologists and nurses, physiotherapists, paramedics, psychologists, as well as other
paramedical related services (CPC 9312, part of 9319).
personnel In FI: Unbound for the supply of all health-related professional services,
(CPC 85201, 9312, whether publicly or privately funded, including medical and dental
9319) services, services provided by midwives, physiotherapists and
paramedical personnel, and services provided by psychologists,
excluding services provided by nurses (CPC 9312, 93191).
In BG: Unbound for the supply of all health-related professional services,
whether publicly or privately funded, including medical and dental
services, services provided by nurses, midwives, physiotherapists and
paramedical personnel, and services provided by psychologists
(CPC 9312, part of 9319).
& /en 14
Sector or Subsector Limitations on Market Access
With respect to Investment:
In AT: Specific non-discriminatory legal form requirements may apply
(CPC 9312, part of 9319). Cooperation of physicians for the purpose of
ambulatory public healthcare, so-called group practices, can take place
only under the legal form of Offene Gesellschaft/OG or Gesellschaft mit
beschränkter Haftung/GmbH. Only physicians may act as associates of
such a group practice. They must be entitled to independent medical
practice, registered with the Austrian Medical Chamber and actively
pursue the medical profession in the practice. Other natural or juridical
persons may not act as associates of the group practice and may not take
share in its revenues or profits (part of CPC 9312).
In DE: Geographical restrictions may be imposed on professional
registration, which apply to nationals and non-nationals alike.
Non-discriminatory restrictions on the legal form to provide these
services may exist (§ 95 SGB V). For doctors (including psychologists,
and psychotherapists) registration can be subject to quantitative
restrictions based on the regional distribution of doctors. Registration is
necessary only for doctors participating in the public health scheme.
With respect to Cross-Border Trade in Services:
In BE: Unbound for the cross-border supply, whether publicly or
privately funded, of all health-related professional services, including
medical, dental and midwives services and services provided by nurses,
physiotherapists, psychologists and paramedical personnel (part of
CPC 85201, 9312, part of 93191).
& /en 15
Sector or Subsector Limitations on Market Access
(b) Veterinary services With respect to Investment and Cross-Border Trade in Services:
(CPC 932) In the EU, with the exception of BE, BG, DE, DK, ES, FR, IE, HU, LV,
NL and SK: None.
In DE: Telemedicine may only be provided in the context of a primary
treatment involving the prior physical presence of a veterinary.
In DE, DK, ES, LV, NL and SK: The supply of veterinary services is
restricted to natural persons.
In IE: The supply of veterinary services is restricted to natural persons or
partnerships.
In HU: Authorisation is subject to an economic needs test. Main criteria:
labour market conditions in the sector.
With respect to Investment:
In FR: The legal forms available to a company providing veterinary
services are limited to SEP (société en participation), SCP (société civile
professionnelle) and SEL (société d'exercice liberal).
With respect to Cross-Border Trade in Services:
In BE, BG and LV: Unbound for cross-border supply of veterinary
services.
& /en 16
Sector or Subsector Limitations on Market Access
(c) Retail sales of With respect to Investment and Cross-Border Trade in Services:
pharmaceutical, In the EU, with the exception of BG, LT: The retail of pharmaceuticals
medical and and specific medical goods to the public may only be carried out through
orthopaedic goods, a pharmacy. The mail order of pharmaceuticals is prohibited, with the
other services exception of non-prescription medicines.
provided by
pharmacists In EE: The retail of pharmaceuticals and specific medical goods to the
(CPC 63211) public may only be carried out through a pharmacy. Mail order of
medicinal products as well as delivery by post or express service of
medicinal products ordered through the Internet is prohibited.
Establishment authorisation is subject to an economic needs test. Main
criteria: density conditions in the area.
In EL: Only natural persons, who are licenced pharmacists, and
companies founded by licenced pharmacists, are permitted to provide
retail services of pharmaceuticals and specific medical goods to the
public.
In ES: Only natural persons, who are licenced pharmacists, are permitted
to provide retail services of pharmaceuticals and specific medical goods
to the public. Each pharmacist cannot obtain more than one licence. Mail
order of pharmaceuticals is prohibited
In FI: Unbound for retail sales of pharmaceutical products and of medical
and orthopaedic goods.
& /en 17
Sector or Subsector Limitations on Market Access
In IE: The mail order of pharmaceuticals is prohibited, with the exception
of non-prescription medicines.
In IT: The practice of the profession is possible only for natural persons
enrolled in the register, as well as for juridical persons in the form of
partnerships, where every partner of the company must be an enrolled
pharmacist. Establishment authorisation is subject to an economic needs
test. Main criteria: population and density conditions in the area.
In LU: Only natural persons are permitted to provide retail services of
pharmaceuticals and specific medical goods to the public.
In NL: Unbound for mail order of medicine.
In PL: The practice of the profession is possible only for natural persons
enrolled in the register, as well as for juridical persons in the form of
partnerships, where every partner of the company must be an enrolled
pharmacist.
In SE: Unbound for retail sales of pharmaceutical goods and the supply
of pharmaceutical goods to the general public.
& /en 18
Sector or Subsector Limitations on Market Access
With respect to Investment:
In the EU, with the exception of EL, IE, LU, LT and NL: For restricting
the number of suppliers entitled to provide a particular service in a
specific local zone or area on a non-discriminatory basis. An economic
needs test may therefore be applied, taking into account such factors as
the number of and impact on existing establishments, transport
infrastructure, population density or geographic spread.
In BG: Managers of pharmacies must be qualified pharmacists and may
only manage one pharmacy in which they themselves work. A quota (not
more than four 4) exists for the number of pharmacies which may be
owned per person in BG.
In DE: Only natural persons (pharmacists) are permitted to operate a
pharmacy. The total number of pharmacies per person is restricted to one
pharmacy and up to three branch pharmacies.
In DK: Only natural persons, who have been granted a pharmacist licence
from the Danish Health and Medicines Authority, are permitted to
provide retail services of pharmaceuticals and specific medical goods to
the public.
In FR: Pharmacy opening must be authorised and commercial presence,
including sale at a distance of medicinal products to the public by means
of information society services, must take one of the legal forms which
are allowed under national law on a non-discriminatory basis: société
d'exercice libéral (SEL) anonyme, par actions simplifiée, à responsabilité
limitée unipersonnelle or pluripersonnelle, en commandite par actions,
société en noms collectifs (SNC) or société à responsabilité limitée
(SARL) unipersonnelle or pluripersonnelle only.
& /en 19
Sector or Subsector Limitations on Market Access
In ES, HR, HU, and PT: Establishment authorisation is subject to an
economic needs test. Main criteria: population and density conditions in
the area.
In MT: Issuance of pharmacy licences under specific restrictions. A
person shall not have more than one licence in their name in any town or
village (Regulation 5(1) of the Pharmacy Licence Regulations
(LN279/07)), except in the case where there are no further applications
for that town or village (Regulation 5(2) of the Pharmacy Licence
Regulations (LN279/07)).
In PT: In commercial companies where the capital is represented by
shares, these shall be nominative. A person shall not hold or exercise, at
the same time, directly or indirectly, ownership, operation or
management of more than four pharmacies.
In SI: The network of pharmacies in SI consists of public pharmacy
institutions, owned by municipalities, and of private pharmacists with
concession where the majority owner must be a pharmacist by profession.
Mail order of pharmaceuticals requiring a prescription is prohibited. Mail
order of non-prescription medicines requires special State permission.
& /en 20
Sector or Subsector Limitations on Market Access
III-EU-4 – Business
services – research and
development services
(CPC 851, 852, 853)
With respect to Investment and Cross-Border Trade in Services:
In the EU, with the exception of RO: None.
With respect only to Cross-Border Trade in Services:
In RO: Unbound for the cross-border supply of research and development
services.
III-EU-5 – Business
services – real estate
services (CPC 821,
822)
With respect to Investment and Cross-Border Trade in Services:
In the EU, with the exception of CZ and HU: None.
With respect to Cross-Border Trade in Services:
In CZ and HU: Unbound for the cross-border supply of real estate
services.
III-EU-6 – Business
services – rental or
leasing services
(a) Rental or leasing With respect to Investment and Cross-Border Trade in Services:
services without In the EU: Unbound for rental or leasing of aircraft without crew (dry
operators lease). Aircraft used by an air carrier of the European Union are subject
(CPC 831) to applicable aircraft registration requirements. A dry lease agreement to
which a European Union carrier is a party shall be subject to
requirements in the European Union or national law on aviation safety,
such as prior approval and other conditions applicable to the use of third
countries' registered aircraft (CPC 83104).
& /en 21
Sector or Subsector Limitations on Market Access
(b) Rental or leasing With respect to Investment and Cross-Border Trade in Services:
services without In the EU, with the exception of BE and FR: None.
operators concerning
personal and household With respect to Cross-Border Trade in Services:
goods (CPC 832) In BE and FR: Unbound for cross-border supply of leasing or rental
services without operator concerning personal and household goods.
III-EU-7 – Business
services
(a) Computer and None.
related services
(CPC 84)1
(b) Market research None.
and public opinion
polling services
(CPC 864)
(c) Management None.
consulting services
(CPC 865) and
services related to
management
consulting
(CPC 866).
1 The EU subscribes to the "Understanding on the scope of coverage of computer services-
CPC 84".
& /en 22
Sector or Subsector Limitations on Market Access
(d) Related scientific With respect to Investment and Cross-Border Trade in Services:
and technical In the EU, with the exception of FR: None.
consulting services
(CPC 8675) With respect to Investment:
In FR: For surveying, access through SEL (anonyme, à responsabilité
limitée ou en commandite par actions), SCP (Société civile
professionnelle), SA and SARL (sociétés anonymes, à responsabilité
limitée) only.
(e) Technical testing With respect to Investment and Cross-Border Trade in Services:
and analysis In the EU, with the exception of FR and PT: None.
services
(CPC 8676) With respect to Investment and Cross-Border Trade in Services:
In FR: The profession of biologist is reserved for natural persons.
In PT: The professions of biologist, chemical analyst and agronomist are
reserved for natural persons.
(f) Advertising With respect to Investment and Cross-Border Trade in Services:
services (CPC 871) In the EU: None.
& /en 23
Sector or Subsector Limitations on Market Access
(g) Placement services With respect to Investment and Cross-Border Trade in Services:
(CPC 87201, In the EU, with the exception of HU and SE: Unbound for the supply
87202, services of domestic help personnel, other commercial or industrial
87203, 87204, workers, nursing and other personnel. In HU and SE: None (CPC 87204,
87205, 87206, 87205, 87206, 87209).
87209)
In the EU for executive search services (CPC 87201): None, except for
BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK where:
Unbound.
In the EU for the establishment of placement services of office support
personnel and other workers (CPC 87202): None, except for AT, BG,
CY, CZ, EE, FI, LT, LV MT, PL, PT, RO, SI and SK where: Unbound.
In the EU for supply services of office support personnel (CPC 87203):
None, except for AT, BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT,
RO, SI and SK where: Unbound.
In DE: Restrictions on the number of suppliers of placement services.
In ES: Restrictions the number of suppliers of executive search services
and placement services (CPC 87201, 87202).
In FR: These services can be subject to a State monopoly (CPC 87202).
In IT: Restrictions on the number of suppliers of supply services of office
personnel (CPC 87203).
With respect to Cross-Border Trade in Services:
In the EU, with the exception of BE, HU and SE: Unbound for the cross-
border supply of placement services of office support personnel and other
workers (CPC 87202).
In BE: None.
In IE: Unbound for the cross-border supply of executive search services
(CPC 87201).
In FR, IE, IT and NL: Unbound for the cross-border supply of services of
office personnel (CPC 87203).
& /en 24
Sector or Subsector Limitations on Market Access
(h) Security services With respect to Investment and Cross-Border Trade in Services:
(CPC 87302, In the EU, with the exception of BG, CY, CZ, DK, EE, ES, FI, HR, HU,
87303, 87304, LT, LV, MT, PL, RO, SI and SK: None.
87305, 87309)
In BG, CY, CZ, EE, ES, LT, LV, MT, PL, RO, SI and SK: Unbound.
In DK, HR and HU: Unbound for the supply of the following subsectors:
guard services (87305) in HR and HU, security consultation services
(87302) in HR, airport guard services (part of 87305) in DK and
armoured car services (87304) in HU.
With respect to Investment:
In FI: Unbound for licences to supply security services.
(i) Investigation With respect to Investment and Cross-Border Trade in Services:
services In the EU, with the exception of AT and SE: Unbound.
(CPC 87301)
In AT and SE: None.
(j) Building-cleaning With respect to Investment and Cross-Border Trade in Services:
services (CPC 874) In the EU: None.
(k) Photographic None.
services (CPC 875)
(l) Packaging services None.
(CPC 876)
(m) Credit reporting With respect to Cross-Border Trade in Services:
services and
In the EU, with the exception of ES, LV and SE: Unbound for the supply
collection agency of collection agency services and credit reporting services.
services
(CPC 87901, In ES, LV and SE: None.
87902)
& /en 25
Sector or Subsector Limitations on Market Access
(n) Telephone With respect to Investment and Cross Border Trade in Services:
answering services In the EU: None.
(CPC 87903)
(o) Duplicating With respect to Investment and Cross-Border Trade in Services:
services In the EU, with the exception of HU: None.
(CPC 87904)
With respect to Cross-Border Trade in Services:
In HU: Unbound for the cross-border supply of duplicating services.
(p) Translation and With respect to Investment and Cross-Border Trade in Services:
interpretation In the EU, with the exception of HU and PL: None.
services
(CPC 87905) In HU: Official translations, official certifications of translations, and
certified copies of official documents in foreign languages may only be
provided by the Hungarian Office for Translation and Attestation (OFFI).
In PL: Only natural persons may be sworn translators.
(q) Mailing list With respect to Investment and Cross-Border Trade in Services:
compilation and In the EU: None.
mailing services
(CPC 87906)
(r) Specialty design None.
services
(CPC 87907)
(s) Other business With respect to Investment and Cross-Border Trade in Services:
services n.e.c.
In the EU, with the exception of SE: None.
(CPC 87909)
In SE: The economic plan for a building society must be certified by two
persons. These persons must be publicly approved by authorities in the
EEA.
In SE: Pawn-shops must be established as either a limited liability
company or as a branch.
& /en 26
Sector or Subsector Limitations on Market Access
(t) Air transport With respect to Investment and Cross-Border Trade in Services:
related business In the EU: None
services:
– Selling and
Marketing
– Computer
Reservations
System (CRS)
services
(u) Repair services None
incidental to metal
products,
machinery and
equipment
(CPC 886, except
8868)
With respect to Investment and Cross-Border Trade in Services:
In the EU, with the exception of HU: None.
In HU: Unbound for services incidental to energy distribution and cross-
border supply of services incidental to manufacturing, with the exception
of advisory and consulting services relating to these sectors.
(v) Maintenance and None
repair of vessels,
rail transport
equipment and
aircraft and parts
thereof (part of
CPC 86764,
86769, 8868)
& /en 27
Sector or Subsector Limitations on Market Access
(x) Other business With respect to Investment and Cross-Border Trade in Services:
services and In the EU, with the exception of CZ, LT and NL: None.
hallmarking
services (part of In LT: Unbound.
CPC 893) In NL: The hallmarking of precious metal articles is currently exclusively
granted to two Dutch public monopolies.
(y) Packaging (part of With respect to Investment and Cross-Border Trade in Services:
CPC 88493, In CZ: A packaging company supplying services relating to packaging
ISIC 37) take back and recovery must be a joint-stock company (part of
CPC 88493, ISIC 37).
III-EU-7 – Business
services
(a) Computer and None.
related services
(CPC 84)1
(b) Market research None.
and public opinion
polling services
(CPC 864)
1 The EU subscribes to the "Understanding on the scope of coverage of computer services-
CPC 84".
& /en 28
Sector or Subsector Limitations on Market Access
(c) Management None.
consulting services
(CPC 865) and
services related to
management
consulting
(CPC 866).
(d) Related scientific With respect to Investment and Cross-Border Trade in Services:
and technical In the EU, with the exception of FR: None.
consulting services
(CPC 8675) With respect to Investment:
In FR: For surveying, access through SEL (anonyme, à responsabilité
limitée ou en commandite par actions), SCP (Société civile
professionnelle), SA and SARL (sociétés anonymes, à responsabilité
limitée) only.
(e) Technical testing With respect to Investment and Cross-Border Trade in Services:
and analysis In the EU, with the exception of FR and PT: None.
services
(CPC 8676) With respect to Investment and Cross-Border Trade in Services:
In FR: The profession of biologist is reserved for natural persons.
In PT: The professions of biologist, chemical analyst and agronomist are
reserved for natural persons.
(f) Advertising With respect to Investment and Cross-Border Trade in Services:
services (CPC 871) In the EU: None.
& /en 29
Sector or Subsector Limitations on Market Access
(g) Placement services With respect to Investment and Cross-Border Trade in Services:
(CPC 87201, In the EU, with the exception of HU and SE: Unbound for the supply
87202, services of domestic help personnel, other commercial or industrial
87203, 87204, workers, nursing and other personnel. In HU and SE: None (CPC 87204,
87205, 87206, 87205, 87206, 87209).
87209)
In the EU for executive search services (CPC 87201): None, except for
BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK where:
Unbound.
In the EU for the establishment of placement services of office support
personnel and other workers (CPC 87202): None, except for AT, BG,
CY, CZ, EE, FI, LT, LV MT, PL, PT, RO, SI and SK where: Unbound.
In the EU for supply services of office support personnel (CPC 87203):
None, except for AT, BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT,
RO, SI and SK where: Unbound.
In DE: Restrictions on the number of suppliers of placement services.
In ES: Restrictions the number of suppliers of executive search services
and placement services (CPC 87201, 87202).
In FR: These services can be subject to a State monopoly (CPC 87202).
In IT: Restrictions on the number of suppliers of supply services of office
personnel (CPC 87203).
& /en 30
Sector or Subsector Limitations on Market Access
With respect to Cross-Border Trade in Services:
In the EU, with the exception of BE, HU and SE: Unbound for the cross-
border supply of placement services of office support personnel and other
workers (CPC 87202).
In BE: None.
In IE: Unbound for the cross-border supply of executive search services
(CPC 87201).
In FR, IE, IT and NL: Unbound for the cross-border supply of services of
office personnel (CPC 87203).
(h) Security services With respect to Investment and Cross-Border Trade in Services:
(CPC 87302, In the EU, with the exception of BG, CY, CZ, DK, EE, ES, FI, HR, HU,
87303, 87304, LT, LV, MT, PL, RO, SI and SK: None.
87305, 87309)
In BG, CY, CZ, EE, ES, LT, LV, MT, PL, RO, SI and SK: Unbound.
In DK, HR and HU: Unbound for the supply of the following subsectors:
guard services (87305) in HR and HU, security consultation services
(87302) in HR, airport guard services (part of 87305) in DK and
armoured car services (87304) in HU.
With respect to Investment:
In FI: Unbound for licences to supply security services.
(i) Investigation With respect to Investment and Cross-Border Trade in Services:
services In the EU, with the exception of AT and SE: Unbound.
(CPC 87301)
In AT and SE: None.
(j) Building-cleaning With respect to Investment and Cross-Border Trade in Services:
services (CPC 874) In the EU: None.
& /en 31
Sector or Subsector Limitations on Market Access
(k) Photographic None.
services (CPC 875)
(l) Packaging services None.
(CPC 876)
(m) Credit reporting With respect to Cross-Border Trade in Services:
services and In the EU, with the exception of ES, LV and SE: Unbound for the supply
collection agency of collection agency services and credit reporting services.
services
(CPC 87901, In ES, LV and SE: None.
87902)
(n) Telephone With respect to Investment and Cross Border Trade in Services:
answering services
In the EU: None.
(CPC 87903)
(o) Duplicating With respect to Investment and Cross-Border Trade in Services:
services In the EU, with the exception of HU: None.
(CPC 87904)
With respect to Cross-Border Trade in Services:
In HU: Unbound for the cross-border supply of duplicating services.
(p) Translation and With respect to Investment and Cross-Border Trade in Services:
interpretation In the EU, with the exception of HU and PL: None.
services
(CPC 87905) In HU: Official translations, official certifications of translations, and
certified copies of official documents in foreign languages may only be
provided by the Hungarian Office for Translation and Attestation (OFFI).
In PL: Only natural persons may be sworn translators.
(q) Mailing list With respect to Investment and Cross-Border Trade in Services:
compilation and In the EU: None.
mailing services
(CPC 87906)
& /en 32
Sector or Subsector Limitations on Market Access
(r) Specialty design None.
services
(CPC 87907)
(s) Other business With respect to Investment and Cross-Border Trade in Services:
services n.e.c. In the EU, with the exception of SE: None.
(CPC 87909)
In SE: The economic plan for a building society must be certified by two
persons. These persons must be publicly approved by authorities in the
EEA.
In SE: Pawn-shops must be established as either a limited liability
company or as a branch.
(t) Air transport With respect to Investment and Cross-Border Trade in Services:
related business In the EU: None
services:
– Selling and
Marketing
– Computer
Reservations
System (CRS)
services
(u) Repair services None
incidental to metal
products,
machinery and
equipment
(CPC 886,
except 8868)
& /en 33
Sector or Subsector Limitations on Market Access
With respect to Investment and Cross-Border Trade in Services:
In the EU, with the exception of HU: None.
In HU: Unbound for services incidental to energy distribution and cross-
border supply of services incidental to manufacturing, with the exception
of advisory and consulting services relating to these sectors.
(v) Maintenance and None
repair of vessels,
rail transport
equipment and
aircraft and parts
thereof (part of
CPC 86764,
86769, 8868)
(x) Other business With respect to Investment and Cross-Border Trade in Services:
services and In the EU, with the exception of CZ, LT and NL: None.
hallmarking
services (part of In LT: Unbound.
CPC 893) In NL: The hallmarking of precious metal articles is currently exclusively
granted to two Dutch public monopolies.
(y) Packaging (part of With respect to Investment and Cross-Border Trade in Services:
CPC 88493, In CZ: A packaging company supplying services relating to packaging
ISIC 37) take back and recovery must be a joint-stock company (part of
CPC 88493, ISIC 37).
& /en 34
Sector or Subsector Limitations on Market Access
III-EU-8 – Communi-
cation services
(a) Postal and courier With respect to Investment and Cross-Border Trade in Services:
services (part of In the EU: The organisation of the siting of letter boxes on the public
CPC 71235, part of highway, the issuing of postage stamps and the provision of the registered
73210, part of 751) mail service used in the course of judicial or administrative procedures
may be restricted in accordance with national legislation. Licensing
systems may be established for those services for which a general
universal service obligation exists. These licences may be subject to
particular universal service obligations or a financial contribution to a
compensation fund.
(b) Telecommuni- With respect to Investment and Cross-Border Trade in Services:
cations (CPC 752, In the EU, with the exception of BE: None.
753, 754)
In BE: Unbound for satellite broadcast transmission services.
III-EU-9 – With respect to Investment and Cross Border Trade in Services:
Construction In the EU: None.
(CPC 511, 512, 513,
514, 515, 516, 517,
518)
& /en 35
Sector or Subsector Limitations on Market Access
III-EU-10 – Distribu-
tion services
(a) Distribution servi- With respect to Investment and Cross-Border Trade in Services:
ces (CPC 3546, In the EU, with the exception of PT: None.
631, 632 except
63211, 63297, With respect to Investment:
62276, part of 621) In PT: A specific authorisation scheme exists for the installation of
certain retail establishments and shopping centres. This relates to
shopping centres that have a gross leasable area equal or greater than
8,000 m2, and retail establishments having a sales area equal or
exceeding 2,000 m2, when located outside shopping centres. Main
criteria: Contribution to a multiplicity of commercial offers; assessment
of services to consumer; quality of employment and corporate social
responsibility; integration in urban environment; and contribution to eco-
efficiency (CPC 631, 632 except 63211, 63297).
(b) Distribution of With respect to Investment and Cross-Border Trade in Services:
pharmaceuticals In the EU, with the exception of FI: None.
(CPC 62117,
62251, 8929) In FI: Unbound for the distribution of pharmaceutical products.
(c) Distribution of With respect to Investment and Cross-Border Trade in Services:
alcoholic bevera- In the EU, with the exception of FI and SE: None.
ges (part of
CPC 62112, In FI: Unbound for the distribution of alcoholic beverages.
62226, 63107, In SE: Imposing a monopoly on retail sales of liquor, wine and beer
8929) (except non-alcoholic beer). Currently Systembolaget AB has such
governmental monopoly on retail sales of liquor, wine and beer (except
non-alcoholic beer). Alcoholic beverages are beverages with an alcohol
content over 2, 25 %per volume. For beer, the limit is an alcohol content
over 3,5 % per volume (part of CPC 631).
& /en 36
Sector or Subsector Limitations on Market Access
(d) Distribution of With respect to Investment and Cross-Border Trade in Services:
tobacco (part of In the EU, with the exception of AT, ES, FR and IT: None.
CPC 6222, 62228, part
of 6310, 63108) In AT: Only natural persons may apply for an authorisation to operate as
a tobacconist (CPC 63108).
In ES: Only natural persons may operate as a tobacconist. Each
tobacconist cannot obtain more than one license (CPC 63108). There is a
State monopoly on retail sales of tobacco.
In FR: State monopoly on wholesale and retail sales of tobacco (part of
CPC 6222, part of 6310).
In IT: In order to distribute and sell tobacco, a licence is needed. The
licence is granted through public procedures. The granting of licences is
subject to an economic needs test. Main criteria: population and
geographical density of existing selling points (part of CPC 6222, part
of 6310).
& /en 37
Sector or Subsector Limitations on Market Access
III-EU-11 – With respect to Investment and Cross-Border Trade in Services:
Environmental services In the EU, with the exception of DE: None.
(a) Waste water With respect only to Cross-Border Trade in Services:
services
(CPC 9401) In DE: Unbound for the cross-border supply of waste management
services, other than advisory services and with respect to services relating
(b) Solid/hazardous to the protection of soil and the management of contaminated soils, other
waste manage- than advisory services (CPC 9401, 9402, 9403, 94060)
ment, excluding
cross-border
transport of
hazardous waste
(i) Refuse
disposal
services
(CPC 9402)
(ii) Sanitation and
similar
services
(CPC 9403)
(c) Protection of
ambient air and
climate
(CPC 9404)
(d) Remediation and
clean-up of soil
and waters
(i) Treatment,
remediation of
contaminated
or polluted soil
and water (part
of CPC 9406)
& /en 38
Sector or Subsector Limitations on Market Access
(e) Noise and
vibration
abatement
(CPC 9405)
(f) Protection of
biodiversity and
landscape
(g) Nature and
landscape
protection services
(part of CPC 9406)
(h) Other
environmental and
ancillary services
(CPC 9409)
& /en 39
Sector or Subsector Limitations on Market Access
III-EU-12 – Education
services (CPC 92)
(Only privately funded
services)
With respect to Investment and Cross-Border Trade in Services:
In the EU: Unbound for educational services which receive public
funding or State support in any form. Where the supply of privately
funded education services by a foreign provider is permitted,
participation of private operators in the education system may be subject
to concession allocated on a non-discriminatory basis.
In the EU, with the exception of CZ, NL, SE and SK: Unbound for the
supply of privately funded other education services, which means other
than those classified as being primary, secondary, higher and adult
education services (CPC 929).
In CY, FI, MT and RO: Unbound for the supply of privately funded
primary, secondary, and adult education services (CPC 921, 922, 924).
In AT, BG, CY, FI, MT and RO: Unbound for the supply of privately
funded higher education services (CPC 923).
In SE: Unbound for educational services suppliers that are approved by
public authorities to provide education. This reservation applies to
privately funded educational services suppliers with some form of State
support, inter alia educational service suppliers recognised by the State,
educational services suppliers under State supervision or education which
entitles to study support (CPC 92).
In SK: For all privately funded education services other than post-
secondary technical and vocational education services: An economic
needs test may apply and the number of schools being established may be
limited by local authorities (CPC 921, 922, 923 other than 92310, 924).
& /en 40
Sector or Subsector Limitations on Market Access
With respect to Investment:
In the EU, with the exception of ES and IT: For opening of a privately
funded university which issues recognised diplomas or degrees an
economic needs test is applied. Main criteria: population and density of
existing establishments.
In ES: The procedure involves obtaining the advice of the Parliament.
In IT: This is based on a three-year programme and only Italian juridical
persons may be authorised to issue State-recognised diplomas (CPC 923).
III-EU-13 – Health and
social services (Only
privately funded
services)
(a) Health services – With respect to Investment:
hospital, In the EU: Unbound for the supply of all health services which receive
ambulance, public funding or State support in any form. Unbound for all privately
residential health funded health services, other than privately funded hospital, ambulance,
services (CPC 93, and residential health facilities services other than hospital services.
931, other
than 9312, part of The participation of private operators in the privately funded health
93191, 9311, network may be subject to concession on a non-discriminatory basis. An
93192, 93193, economic needs test may apply. Main criteria: number of, and impact on,
93199) existing establishments, transport infrastructure, population density,
geographic spread, and creation of new employment.
This reservation does not relate to the supply of all health-related
professional services, including the services supplied by professionals
such as medical doctors, dentists, midwives, nurses, physiotherapists,
paramedics, and psychologists, which are covered by other reservations
(CPC 931 other than 9312, part of 93191).
& /en 41
Sector or Subsector Limitations on Market Access
In AT, PL and SI: Unbound for the supply of privately funded ambulance
services (CPC 93192).
In BE: Unbound for the establishment of privately funded ambulance and
residential health facilities services other than hospital services
(CPC 93192, 93193).
In BG, CY, CZ, FI, MT and SK: Unbound for the supply of privately
funded hospital, ambulance, and residential health services other than
hospital services (CPC 9311, 93192, 93193).
In DE: Unbound for the supply of the Social Security System of
Germany, where services may be provided by different companies or
entities involving competitive elements which are thus not "services
carried out exclusively in the exercise of governmental authority"
(CPC 93).
In DE: Unbound for the ownership of privately funded hospitals run by
the German Forces.
In FI: Unbound for the supply of other human health services
(CPC 93199).
In FR: Unbound for the supply of privately funded laboratory analysis
and testing services.
& /en 42
Sector or Subsector Limitations on Market Access
In DE: (applies also to the regional level of government): Rescue services
and "qualified ambulance services" are organised and regulated by the
Länder. Most Länder delegate competences in the field of rescue services
to municipalities. Municipalities are allowed to give priority to not-for-
profit operators. This applies equally to foreign as well as domestic
service suppliers (CPC 931, 933). Ambulance services are subject to
planning, permission and accreditation. Regarding telemedicine, the
number of ICT (information and communications technology) service
suppliers may be limited to guarantee interoperability, compatibility and
necessary safety standards. This is applied in a non-discriminatory way.
In SI: A State monopoly is reserved for the following services: Supply of
blood, blood preparations, removal and preservation of human organs for
transplant, socio-medical, hygiene, epidemiological and health-ecological
services, patho-anatomical services, and biomedically-assisted
procreation (CPC 931).
In FR: For hospital and ambulance services, residential health facilities
(other than hospital services) and social services: Companies can take any
legal forms, except those reserved to liberal professions.
(b) Health and social With respect to Cross-Border Trade in Services:
services, including In the EU, with the exception of HU: Unbound for the cross-border
pension insurance supply of health services, social services and activities or services
forming part of a public retirement plan or statutory system of social
security. This reservation does not relate to the supply of all health-
related professional services, including the services provided by
professionals such as medical doctors, dentists, midwives, nurses,
physiotherapists, paramedics, and psychologists, which are covered by
other reservations (CPC 931 other than 9312, part of 93191).
In HU: Unbound for the cross-border supply from outside its territory of
all hospital, ambulance and residential health services other than hospital
services, which receive public funding (CPC 9311, 93192, 93193).
& /en 43
Sector or Subsector Limitations on Market Access
(c) Social services, With respect to Investment and Cross-Border Trade in Services:
including pension In the EU: Unbound for the supply of all social services which receive
insurance public funding or State support in any form and activities or services
forming part of a public retirement plan or statutory system of social
security.
The participation of private operators in the privately funded social
network may be subject to concession on a non-discriminatory basis. An
economic needs test may apply. Main criteria: number of and impact on
existing establishments, transport infrastructure, population density,
geographic spread, and creation of new employment.
In CZ, FI, HU, MT, PL, RO, SK and SI: Unbound for the supply of
privately funded social services.
In BE, CY, DE, DK, EL, ES, FR, IE, IT, and PT: Unbound for the supply
of privately funded social services other than services relating to
convalescent and rest houses and old people's homes.
In DE: Unbound for the Social Security System of Germany, where
services are provided by different companies or entities involving
competitive elements and might therefore not fall under the definition of
the services carried out exclusively in the exercise of governmental
authority.
With respect only to Investment:
In HR: Establishment of some privately funded social care facilities may
be subject to an economic needs test, in particular, geographical areas
(CPC 9311, 93192, 93193, 933).
& /en 44
Sector or Subsector Limitations on Market Access
III-EU-14 Tourism and With respect to Investment:
travel-related services In the EU, with the exception of BG: None.
(a) Hotels, restaurants In BG: Incorporation (no branches) is required (CPC 7471, 7472).
and catering
(CPC 641, 642,
643) excluding
catering in air
transport services,
which found under
ground-handling
services
(b) travel agencies and
tour operators
services (including
tour managers)
(CPC 7471)
(c) Tourist guides
services
(CPC 7472)
& /en 45
Sector or Subsector Limitations on Market Access
III-EU-15 –
Recreational, cultural
and sporting services
(other than audio-
visual services)
(a) Library, archive, With respect to Investment and Cross-Border Trade in Services:
museum and other In the EU, with the exception of AT and for investment in LT: Unbound
cultural services for the supply of library, archive, museum and other cultural services. In
(CPC 963) AT and LT: a licence or concession may be required for establishment.
(b) Entertainment With respect to Investment and Cross-Border Trade in Services:
services, theatre, In the EU, with the exception of CY, CZ, FI, MT, PL, RO, SI and SK:
live bands and
Unbound for the supply of entertainment services, including theatre, live
circus services bands, circus and discotheque services.
(CPC 9619, 964
other than 96492) In BG: Unbound for the supply of the following entertainment services:
circus, amusement park and similar attraction services, ballroom,
discotheque and dance instructor services, and other entertainment
services.
In EE: Unbound for the supply of other entertainment services except for
cinema theatre services.
In LT and LV: Unbound for the supply of all entertainment services other
than cinema theatre operation services.
With respect to Cross-Border Trade in Services:
In the EU, with the exception of AT and SE: Unbound for the cross-
border supply of entertainment services, including theatre, live bands,
circus and discotheque services.
In AT and SE: None.
& /en 46
Sector or Subsector Limitations on Market Access
(c) News agency With respect to Investment and Cross-Border Trade in Services:
services (CPC 962) In the EU, with the exception of HU: None.
In HU: Unbound.
(d) Sporting and other With respect to Investment and Cross-Border Trade in Services:
recreational In the EU: None.
services (CPC964)
(e) Gambling and With respect to Investment and Cross-Border Trade in Services:
betting services In the EU: Unbound for the supply of gambling activities, which involve
(CPC 96492) wagering a stake with pecuniary value in games of chance, including, in
particular, lotteries, scratch cards, gambling services offered in casinos,
gambling arcades or licensed premises, betting services, bingo services
and gambling services operated by and for the benefit of charities or non-
profit-making organisations.
III-EU-16 – Transport
services and auxiliary
transport services
(a) Maritime transport. With respect to Investment and Cross-Border Trade in Services:
(i) International In the EU, with the exception of LV and MT: Unbound for the purpose of
passenger registering a vessel and operating a fleet under the national flag of the
transportation State of establishment (all commercial marine activity undertaken from a
(CPC 7211 seagoing ship, including fishing, aquaculture, and services incidental to
excluding fishing, international passenger and freight transportation (CPC 721), and
national services auxiliary to maritime transport).
cabotage In the EU: Unbound for feeder services, and for repositioning owned or
transport) leased containers on a non-revenue basis by European Union shipping
(ii) International companies, for the part of these services which does not fall under the
freight exclusion of national maritime cabotage.
transportation In MT: Exclusive rights exist for the maritime link to mainland Europe
(CPC 7212 through IT with MT (CPC 7213, 7214, part of 742, 745, part of 749).
excluding
national In LV: None
cabotage
transport)
& /en 47
Sector or Subsector Limitations on Market Access
(b) Auxiliary services With respect to Investment and Cross-Border Trade in Services:
to maritime In the EU: Unbound for the supply of pilotage and berthing services
transport and (CPC 7452).
inland waterways
transport In the EU: Unbound for services auxiliary to inland waterways
transportation.
In the EU: For port services, the managing body of a port or the
competent authority may limit the number of providers of port services
for a given port service.
In the EU, with the exception of LT and LV: Unbound for pushing and
towing services (CPC 7214). In LT and LV: None.
In BG: The number of the service suppliers at the ports may be limited
depending on the objective capacity of the port, which is decided by an
expert commission, set up by the Minister of Transport, Information
Technology and Communications (ISIC 0501, 0502, CPC 5133, 5223,
721, 722, 74520, 74540, 74590, 882).
In BG: Regarding supporting services for public transport carried out in
Bulgarian ports, in ports having national significance, the right to perform
supporting activities is granted through a concession contract. In ports
having regional significance, this right is granted by a contract with the
owner of the port (CPC 74520, 74540 and 74590).
With respect to Investment:
In the EU, with the exception of EL and IT: None.
In EL: Public monopoly imposed in port areas for cargo-handling
services (CPC 741).
In IT: An economic needs test is applied for maritime cargo-handling
services. Main criteria: number of and impact on existing establishments,
population density, geographic spread and creation of new employment
(CPC 741).
& /en 48
Sector or Subsector Limitations on Market Access
(c) Rail transport and With respect to Investment and Cross-Border Trade in Services:
auxiliary services In the EU: Unbound for railway passenger and freight transportation
to rail transport (CPC 711).
In LT: The exclusive rights for the provision of transit services are
granted to railway undertakings which are owned, or whose stock is
100 % owned, by the State (CPC 711).
In the EU, with the exception of LT and SE, for auxiliary services to rail
transport: None.
In LT: Maintenance and repair services of rail transport equipment are
subject to a State monopoly (CPC 86764, 86769, part of 8868).
In SE: Maintenance and repair services of rail 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 86764, 86769, part of 8868).
& /en 49
Sector or Subsector Limitations on Market Access
(d) Road transport With respect to Cross-Border Trade in Services:
(passenger In the EU: Unbound for road transport (passenger transportation, freight
transportation, transportation, international truck transport services).
freight
transportation, With respect to Investment:
international truck In the EU: Unbound for cabotage within a Member State by foreign
transport services) investors established in another Member State (CPC 712).
and services
auxiliary to road In the EU: An economic needs test may apply to taxi services in the
transport European Union setting a limit on the number of service suppliers. Main
criterion: local demand as provided in applicable laws (CPC 71221).
In BE: A maximum number of licences may be fixed by law
(CPC 71221).
In AT, BG and DE: For passenger and freight transportation, exclusive
rights or authorisations may only be granted to natural persons of the
European Union and to juridical persons of the European Union having
their headquarters in the European Union. (CPC 712).
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.
& /en 50
Sector or Subsector Limitations on Market Access
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).
& /en 51
Sector or Subsector Limitations on Market Access
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 With respect to Investment and Cross-Border Trade in Services:
to air transport In the EU: The level of openness of ground handling services depends on
services the size of airport. The number of suppliers in each airport may be
(CPC 7461, 7469, limited. For big airports, this limit may not be less than two suppliers.
83104)
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 With respect to Investment and Cross-Border Trade in Services:
and rental of space The EU: Unbound for the transportation services via space and the rental
craft of space craft (CPC 733, part of 734).
& /en 52
Sector or Subsector Limitations on Market Access
III-EU17 – Agriculture,
fishing, water,
manufacturing
(a) Agriculture, With respect to Investment and Cross-Border Trade in Services:
hunting, forestry In the EU, with the exceptions of HR, HU, PT and SE: None.
and services
incidental to In HR: Unbound for agricultural and hunting activities.
agriculture, In HU: Unbound for agricultural activities (ISIC 011, 012, 013, 014, 015,
hunting and CPC 8811, 8812, 8813 other than advisory and consultancy services).
forestry (ISIC 01,
02, CPC 881) 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, With respect to Investment and Cross-Border Trade in Services:
aquaculture, and In the EU: Unbound for fishing, aquaculture, services incidental to
services incidental fishing.
to fishing (ISIC 05,
CPC 882) 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, With respect to Investment and Cross-Border Trade in Services:
purification and In the EU: Unbound for activities including services relating to the
distribution of collection, purification and distribution of water to household, industrial,
water (ISIC 41) commercial or other users, including the supply of drinking water, and
water management.
& /en 53
Sector or Subsector Limitations on Market Access
(d) Manufacturing With respect to Investment and Cross-Border Trade in Services:
(ISIC 16, 17, 18, In the EU: None.
19, 20, 21)
(e) Publishing, None.
printing and
reproduction of
recorded media
(ISIC 22,
CPC 88442)
(f) Manufacturing None.
(ISIC 23, 24, 25,
26, 27, 28, 29, 30
,31, 32, 33, 34, 35,
36, 37)
III-EU-18 – Mining
and energy related
activities
(a) Mining and With respect to Investment and Cross-Border Trade in Services:
quarrying (ISIC 10, In the EU, with the exception of BE, FI, IT and NL: None.
11, 12: Mining of
energy producing In IT: (applies also to the regional level of government for exploration):
materials, ISIC 13, Mines belonging to the State have specific exploration and mining rules.
14: Mining of Prior to any exploitation activity, a permit for exploration is needed
metal ores and ("permesso di ricerca", Article 4 Royal Decree 1447/1927). This permit
other mining; has a duration, defines exactly the borders of the ground under
CPC 5115, 7131, exploration and more than one exploration permit may be granted for the
8675, 883) 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).
& /en 54
Sector or Subsector Limitations on Market Access
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 – With respect to Investment and Cross-Border Trade in Services:
general (ISIC) 40, In the EU, with the exception of BE, BG, FR and LT: None.
CPC 613, 7131,
7139, 742, 7422, In FR: Unbound for the electricity and gas transmission systems and oil
887 (other than and gas pipeline transport (CPC 7131).
advisory and In BE: Unbound for the energy distribution services, and services
consulting incidental to energy distribution (CPC 887 other than consultancy
services)) 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.
& /en 55
Sector or Subsector Limitations on Market Access
(c) Electricity With respect to Investment and Cross-Border Trade in Services:
(ISIC 40, 4010; In the EU, with the exception of AT, BG, CZ, FI, FR, LT, MT, NL and
CPC 62279, 887 SK: None.
(other than
advisory and In AT, BG: Unbound for the production of electricity, energy distribution
consulting services and services incidental to energy distribution (ISIC 4010,
services)) 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).
& /en 56
Sector or Subsector Limitations on Market Access
(d) Fuels, gas, crude With respect to Investment and Cross-Border Trade in Services:
oil or petroleum In the EU, with the exception of AT, BG, CZ, DK, FI, FR, HU, NL and
products SK: None.
(ISIC 232, 4020;
CPC 62271, In AT: Unbound for transportation of gas and goods other than gas
63297, 713, 742, (CPC 713).
887 (other than In BG: Unbound for pipeline transportation, storage and warehousing of
advisory and petroleum and natural gas, including transit transmission (ISIC 4020,
consulting CPC 7131, part of CPC 742).
services)
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).
& /en 57
Sector or Subsector Limitations on Market Access
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 040, 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 6227162271, 63297, 7131, 742
and 887).
& /en 58
Sector or Subsector Limitations on Market Access
(e) Nuclear (ISIC 12, With respect to Investment and Cross-Border Trade in Services:
2330, part of 4010, In the EU, with the exception of AT, BE, BG, DE, FI, FR, HU, and SE:
CPC 887) 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 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 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 an Euratom-agreement.
In HU and SE: Unbound for the processing of nuclear fuel and nuclear-
based electricity generation. (ISIC 2330, part of 4010).
& /en 59
Sector or Subsector Limitations on Market Access
(f) Steam and hot With respect to Investment and Cross-Border Trade in Services:
water supply In the EU, with the exception of BG, FI and SK: None.
(ISIC 4030,
CPC 62271, 887) 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 With respect to Investment and Cross-Border Trade in Services:
services and In the EU, with the exception of CY, DE, FI, PT, SE and SI: None.
undertaking
services CPC 9703 In CY, DE, FI, PT, SE and SI: Unbound for funeral, cremation and
undertaking services.
& /en 60
Sector or Subsector Limitations on Market Access
(b) Other business- With respect to Investment and Cross-Border Trade in Services:
related services In the EU, with the exception of CZ, LT and FI, for other business-related
(part of CPC 612, services (part of CPC 612, part of 621, part of 625, part of 85990): None.
part of 621, part
of 625, part With respect to Cross-Border Trade in Services:
of 85990) 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.
& /en 61
Appendix 10-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) Public utilities Public utilities exist in sectors such as related scientific and
technical consulting services, research and development (R&D)
services on social sciences and humanities, technical testing and
analysis services, water services and treatment, sewage,
environmental services, health services, transport services and
services auxiliary to all modes of transport. Exclusive rights on
those services are often granted to private operators, for instance
operators with concessions from public authorities, subject to
specific service obligations. This reservation does not apply to
telecommunications and to computer and related services.
& /en 62
Sector or subsector Limitations on Market Access
(c) Acquisition of real estate In Chile unbound for the acquisition of "State land", "the
borderland zone" and any land within five kilometers of the
coastline that is used for agricultural activities as indicated in
Annexes 10-A and 10-B.
Any Chilean natural person or person residing in Chile or a
Chilean juridical person shall be able to acquire or control lands
used for agricultural activities. Chile reserves the right to adopt or
maintain any measures related to the ownership or control of such
lands.
(d) Commercial presence This Schedule does not apply to representative offices.
(e) Indigenous peoples Chile reserves the right to adopt or maintain any measure
regarding indigenous peoples.
(f) Disadvantaged Chile reserves the right to adopt or maintain any measure
minorities according rights or preferences to socially or economically
disadvantaged minorities.
No. 2 Manufacturing
Manufacturing excluding None.
services (ISIC Rev. 3.1 15, 17,
18, 19, 20, 21, 26, 27, 28, 30,
31, 32, 33, 34, 35, 36, except
for 16, 22, 24, 25, 29, 37)
& /en 63
Sector or subsector Limitations on Market Access
Manufacturing (ISIC Rev. 3.1 Unbound.
Division 16: Manufacture of
tobacco products)
Manufacturing (ISIC Rev. 3.1 None, except for:
Division 22: Publishing, 222 Printing and service activities related to printing: Unbound for
printing and reproduction of services activities related to printing.
recorded media)
Manufacturing (ISIC Rev. 3.1 Specific types of legal entities to carry out the economic activity
Division 24: Manufacture of may apply for:
chemicals and chemical 241 Manufacture of basic chemicals; and
products)
242 Manufacture of other chemical products.
Manufacturing (ISIC Rev. 3.1 Specific types of legal entities to carry out the economic activity
Division 25: Manufacture of may apply for:
rubber and plastics products) 251 Manufacture of rubber products; and
252 Manufacture of plastics products.
Manufacturing (ISIC Rev. 3.1 None, except for:
Division 29: Manufacture of 2927 Manufacture of weapons and ammunition: Unbound.
machinery and equipment
n.e.c.)
Manufacturing (ISIC Rev. 3.1 Specific types of legal entities to carry out the economic activity
Division 31: Manufacture of may apply for:
electrical machinery and 311 Manufacture of electric motors, generators and transformers;
apparatus n.e.c.)
and
314 Manufacture of accumulators, primary cells and primary
batteries.
& /en 64
Sector or subsector Limitations on Market Access
Manufacturing (ISIC Rev. 3.1 Specific types of legal entities to carry out the economic activity
Division 37: Recycling) may apply for:
371 Recycling of metal waste and scrap; and
372 Recycling of non-metal waste and scrap.
No. 3 Mining and quarrying
Mining and quarrying, Unbound for:
excluding services Division 11 Extraction of crude petroleum and natural gas; service
(ISIC Rev. 3.1 10, 11, 12, 13,
activities incidental to oil and gas extraction; and
14)
Division 12 Mining of uranium and thorium ores.
The exploration, exploitation, and treatment (beneficio) of
lithium, liquid or gaseous hydrocarbons, deposits of any kind
existing in sea waters subject to national jurisdiction, and deposits
of any kind wholly or partially located in areas classified as
important to national security with mining effects, which
qualification shall be made by law only, can be the object of
administrative concessions or special operating contracts, subject
to the requirements and conditions to be determined, in each case
by a Supreme Decree.
Furthermore, only the Chilean Nuclear Energy Commission
(Comisión Chilena de Energía Nuclear), or parties authorised by
that Commission, may execute or enter into legal act regarding
extracted natural atomic materials and lithium, as well as their
concentrates, derivatives and compounds.
& /en 65
Sector or subsector Limitations on Market Access
No. 4 Agriculture
Agriculture and hunting, None.
excluding services
(ISIC Rev. 3.1 A 01)
Forestry, excluding services None.
(ISIC Rev. 3.1 A 02) For greater certainty, a management plan approved by the Forestry
Commission (Corporación Nacional Forestal) is required.
No. 5 Energy
Electricity generation and (a) None, except for production, transmission, and distribution
distribution, excluding services of electricity for the National Electric System (Sistema
(ISIC Rev. 3.1 E 40, 401, Eléctrico Nacional). The following limitations shall apply:
4010) Only a specific type of public corporations, open or closed
(sociedad anónima abierta o cerrada) incorporated in Chile
is authorised to operate concessions in energy distribution.
Such corporation’s exclusive line of business must be
energy distribution.
Only a specific type of public corporations, open or closed
(sociedad anónima abierta o cerrada) incorporated in Chile
is authorised to operate concessions in energy transmission
for the National Transmission System (Sistema
Interconectado Central). Such corporation’s exclusive line
of business must be energy transmission.
Hydroelectrical energy production may be exploited through
concessions. Only juridical persons established in
accordance with Chilean law can apply for such concessions
and public bids for obtaining such concessions.
& /en 66
Sector or subsector Limitations on Market Access
Exploration or exploitation of geothermal energy is subject
to concessions. Only juridical persons established in
accordance with Chilean law can apply for such concessions
and public bids for obtaining such concessions.
The production of nuclear energy for peaceful purposes
shall only be performed by the Chilean Nuclear Energy
Commission or, with its authorisation, in conjunction with
third parties. Should the Commission determine it advisable
to grant such authorisation, it shall also establish the terms
and conditions for operation.
(b) Unbound for activities of electric power brokers or agents
that arrange the sale of electricity via power distribution
systems operated by others.
No. 6 Fishing
Fishing, operation of fish Unbound.
hatcheries and fish farms,
excluding services
(ISIC Rev. 3.1 B 05)
No. 7 Services
Legal services (part of With respect to Investment and Cross-Border Trade in Services:
CPC 861) (1) and (3): None, except in the case of receivers in bankruptcy
(síndicos de quiebra) who must be duly authorised by the Minister
of Justice (Ministerio de Justicia), and they can only work in the
place where they reside.
(2): None.
& /en 67
Sector or subsector Limitations on Market Access
Accounting, auditing, and (1) and (3): None, except the external auditors of financial
bookkeeping services institutions must be inscribed in the Register of External Auditors
(CPC 86211) of the Superintendence of Banks and Financial Institutions
(Superintendencia de Bancos e Instituciones Financieras) and in
the Superintendence of Securities and Insurance
(Superintendencia de Valores y Seguros). Only firms legally
incorporated in Chile as partnerships (sociedades de personas) or
associations (asociaciones), and whose main line of business is
auditing services, may be inscribed in the Register.
(2): None.
Taxation Services (CPC 863) (1), (2), and (3): None.
Architectural services (1), (2) and (3): None.
(CPC 8671)
Engineering services (1), (2) and (3): None.
(CPC 8672)
Integrated engineering services (1), (2) and (3): None.
(CPC 86733)
Urban planning and landscape (1), (2) and (3): None.
architectural service
(CPC 8674)
Veterinary services (CPC 932) (1), (2) and (3): None.
Services provided by (1), (2) and (3): None.
midwives, nurses,
physiotherapists and
paramedical personnel
(CPC 93191)
& /en 68
Sector or subsector Limitations on Market Access
Computer related services (1), (2) and (3): None.
(CPC 841, 842, 843, 844
and 845)
Interdisciplinary research and (1) and (3): None, except: Any exploration of a scientific or
development services, research technical nature, or related to mountain climbing (andinismo), that
and development services on legal or natural persons domiciled abroad intend to carry out in
natural sciences, and related border areas need to be authorised and supervised by the
scientific and technical Directorate of Borders and Frontiers (Dirección de Fronteras y
consulting services (part of Límites del Estado). The Directorate of Borders and Frontiers may
CPC 851, part of CPC 853 and stipulate that an expedition include one or more representatives of
part of CPC 86751) relevant Chilean activities. These representatives would
participate in and learn about the studies and their scope.
(2): None.
Research and Development (1), (2) and (3): None.
services on social sciences and
humanities (CPC 852)
Real Estate services: involving (1), (2) and (3): None.
owned or leased property or on
a fee or contract basis
(CPC 821 and 822)
Rental/leasing services without (1), (2) and (3): None.
crew/operators, related to
vessels, other transport
equipment and relating to
other machinery and
equipment (CPC 8310, except
83104)
& /en 69
Sector or subsector Limitations on Market Access
Leasing or rental services (1), (2) and (3): None.
concerning aircraft (without
operator) (CPC 83104)
Advertising services (1), (2) and (3): None.
(CPC 871)
Market research and public (1), (2) and (3): None.
opinion polling services
(CPC 864)
Management consulting (1), (2) and (3): None.
services (CPC 865)
Services related to (1), (2) and (3): None.
management consulting
(CPC 866, except 86602)
Technical testing and analysis (1), (2) and (3): None.
services (CPC 8676)
Services related to agriculture, (1), (2) and (3): None.
hunting and forestry
(CPC 881)
Services related to mining (1), (2) and (3): None.
(CPC 883)
Placement and supply services (1), (2) and (3): None.
of personnel (CPC 87201,
87202, 87203)
Investigation and security (1), (2) and (3): None.
services (CPC 87302, 87303,
87304 and 87305)
& /en 70
Sector or subsector Limitations on Market Access
Maintenance and repair of (1), (2) and (3): None.
equipment, not including
vessels, aircraft, or other
transport equipment
(CPC 633)
Building-cleaning (1), (2) and (3): None.
services(CPC 874)
Photographic services (1), (2) and (3): None.
(CPC 875)
Packing services (CPC 876) (1), (2) and (3): None.
Credit reporting services, (1), (2) and (3): Unbound.
collection agency services
(CPC 87901, 87902)
Telephone answering services (1), (2) and (3): None.
(CPC 87903)
Duplicating services (1), (2) and (3): None.
(CPC 87904)
Translation and interpretation (1), (2) and (3): None, except official translations, official
services (CPC 87905) certifications of translations, and certified copies of official
documents in foreign languages may only be provided by official
translators registered under Chilean authorities.
Mailing list compilation and (1), (2) and (3): None.
mailing services (CPC 87906)
Specialty design services (1), (2) and (3): None.
(CPC 87907)
Other business services n.e.c. (1), (2) and (3): Unbound.
(CPC 87909)
& /en 71
Sector or subsector Limitations on Market Access
Printing and publishing (1), (2) and (3): None.
services (CPC 88442)
Convention services (1), (2) and (3): None.
(CPC 87909)
Postal services (CPC 7511) (1), (2) and (3): Unbound.
Courier services (CPC 7512) (1), (2) and (3): None, except:
Services relating to the That under Decreto Supremo Nº 5037 of 4 November 1960 of the
handling1 of postal items2 Ministry of Internal Affairs ("Ministerio del Interior") and Decreto
according to the following list con Fuerza de Ley Nº 10 of 30 January 1982 of the Ministry of
of sub-sectors, whether for Transports and Telecommunications ("Ministerio de Transporte y
domestic or foreign Telecomunicaciones") or its successors, the State of Chile may
destinations: exercise, through the Empresa de Correos de Chile, a monopoly
on the admission, transport and delivery of postal items (objetos
(i) handling of addressed
de correspondencia). "Postal items" means: letters, simple and
written communications
postage-paid postcards, business papers, newsletters and printed
on any kind of physical
matters of all kinds, including printed matter in Braille,
medium3, including
merchandise samples, small packages up to one kilogram and
– hybrid mail special postal service consisting in the recording and delivery of
service, and sound messages (fonos postales).
– direct mail;
(ii) handling of addressed
parcels and packages4;
1 The term "handling" should be taken to include admission ("admisión"), transport
("transporte") and delivery ("entrega").
2 "Postal item" refers to items handled by any type of commercial operator, whether public or
private.
3 .g. letter and postcards.
4 Books and catalogues are included hereunder.
& /en 72
Sector or subsector Limitations on Market Access
(iii) handling of addressed
press products1;
(iv) handling of items
referred to in (i) to (iii)
above as registered or
insured mail; (v) express
delivery services2 for
items referred to in (i) to
(iii) above;
(vi) handling of non-
addressed items; and
(vii) other services not
elsewhere specified.
International long-distance (1), (2) and (3): None.
telecommunications services
Local basic telecommunication (1), (2), and (3): None.
services and networks,
intermediate
telecommunications services,
supplementary
telecommunications services,
and limited
telecommunications services
1 Journals, newspapers and periodicals.
2 Express delivery services may include, in addition to greater speed and reliability, value
added elements such as collection from point of origin, personal delivery to addressee, tracing
and tracking, possibility of changing the destination and addressee in transit or confirmation
of receipt.
& /en 73
Sector or subsector Limitations on Market Access
Construction services (1), (2), and (3): Unbound.
(CPC 511, 512, 513, 514, 515,
516, 517 and 518)
Commission agent’s services (1), (2), and (3): None.
(CPC 621)
Wholesale trade services (1), (2), and (3): None.
(CPC 622, 61111, 6113 and
6121)
Retailing services(CPC 632, (1), (2), and (3): None.
61111, 6113 and
6121)
Franchising (CPC 8929) (1), (2), and (3): None.
Environmental services (1), (2), and (3): Unbound, except for consultancy services.
(CPC 940)
Education services (CPC 92) (1), (2), and (3): Unbound.
Health services – hospital, (1), (2), and (3): Unbound.
ambulance, residential health
services (CPC 93, 931 other
than 9312, part of 93191,
9311, 93192, 93193, 93199)
Health and social services, (1), (2), and (3): Unbound.
including pension insurance
Social services, including (1), (2), and (3): Unbound.
pension insurance
& /en 74
Sector or subsector Limitations on Market Access
Hotels and restaurants, (1), (2), and (3): None.
including catering (CPC 641,
642 and 643)
Travel agencies and tour (1), (2), and (3): None.
operators services
(CPC 74710)
Tourist guide services (1), (2), and (3): None.
(CPC 74720)
Entertainment services, (1), (2), and (3): None.
including theatre, live bands
and circus services
(CPC 9619)
Libraries, archives, museums (1), (2), and (3): None.
and other cultural services
(CPC 963)
Entertainment services, (1), (2), and (3): Unbound.
theatre, live bands and circus
services (CPC 9619, 964 other
than 96492)
News agency services (1), (2), and (3): Unbound.
(CPC 962)
Sporting and other recreational (1), (2) and (3): None, except that a specific type of legal entity
services (CPC 9641) may be required for sporting organisations that develop
professional activities. In addition, on a national treatment basis:
(a) it is not permitted to participate with more than one team in the
same category of a sport competition; (b) specific regulations may
be established on equity ownership in sporting companies; and
(c) minimal capital requirement may be imposed.
& /en 75
Sector or subsector Limitations on Market Access
Gambling and betting services (1), (2), and (3): Unbound.
(CPC 96492)
Other recreational services (1), (2), and (3): None.
n.e.c. (CPC 96499)
Maritime transport services (1) and (2): None.
(CPC 721) : (3):
Passenger transportation (a) Establishment of registered company for the purpose
(CPC 7211) (CPC 7223) of operating a fleet under the national flag of Chile:
Unbound.
(b) Other forms of commercial presence for the supply of
international maritime transport services1: None.
1
"Other forms of commercial presence for the supply of international maritime transport services" means the
ability of international maritime transport service suppliers of the other Party to undertake locally all activities
which are necessary for the supply to their customers of a partially or fully integrated transport service within
which the maritime transport constitutes a substantial element. This commitment shall not, however, be
construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery.
These activities include, but are not limited to:
(a) marketing and sales of maritime transport and related services through direct contact with customers,
from quotation to invoicing, operated or offered by the service supplier itself or by service suppliers with
which the service seller has established standing business arrangements;
(b) the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of
any transport and related services, including inward transport services by any mode, particularly inland
waterways, road and rail, necessary for the supply of the integrated services;
(c) the preparation of documentation concerning transport documents, customs documents, or other
documents related to the origin and character of the goods transported;
(d) the provision of business information by any means, including computerised information systems and
electronic data interchange (subject to this Agreement);
(e) the setting up of any business arrangements (including participation in the stock of a company) and the
appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal
commitment on movement of personnel) with any locally established shipping agency; and
(f) acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.
& /en 76
Sector or subsector Limitations on Market Access
Freight transportation
(CPC 7212)
Rental/Leasing of
vessels including crew
Maintenance and repair
of vessels (CPC 8868)
Pushing and towing
services (CPC 72140)
Support services related
to maritime transport
(CPC 745)
Loading and unloading
services (CPC 741)
Storage and warehouse
services (CPC 742)
Internal waterways transport (1), (2), and (3): Unbound.
(CPC 722)
Rail transport and auxiliary (1), (2), and (3): Unbound.
services to rail transport
Road transport services: (1), (2), and (3): None.
Freight transportation
(CPC 7123)
& /en 77
Sector or subsector Limitations on Market Access
Road transport services: Rental (1), (2), and (3): None.
of commercial vehicles with
operator (CPC 71222 – Rental
services of passenger cars with
operator)
Road transport services: (1), (2), and (3): None.
Maintenance and repair of
road transport equipment
(CPC 6112 – Maintenance and
repair services of motor
vehicles)
Road transport services: (1), (2), and (3): None.
Supporting services for road
transport services (CPC 7441 –
Bus station services)
Services auxiliary to all modes (1), (2), and (3): None.
of transport: Cargo handling
services (CPC 741)
Services auxiliary to all modes (1), (2), and (3): None.
of transport: Storage and
warehouse services (CPC 742)
Services auxiliary to all modes (1), (2), and (3): None.
of transport: Freight transport
agency services (CPC 748)
& /en 78
Sector or subsector Limitations on Market Access
Pipeline transport: (1), (2) and (3): None, except that the service has to be supplied
transportation of fuels and by juridical persons established under Chilean law and the supply
other goods (CPC 7131) of the service may be subject to a concession on a national
treatment basis.
Aircraft repair and (1): Unbound. (2) and (3): None.
maintenance services
Selling and marketing of air (1), (2) and (3): None.
transport services
Computer reservation systems (1), (2) and (3): None.
(CRS) services
Ground handling services (1), (2) and (3): None.
Specialty air services (1), (2) and (3): Unbound.
Space transport and rental of (1), (2) and (3): Unbound.
space craft
________________
& /en 79
ANNEX 12-A
BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES,
INTRA-CORPORATE TRANSFEREES, INVESTORS
AND SHORT-TERM BUSINESS VISITORS
1. Any existing non-conforming measure listed in this Annex may be maintained, continued,
promptly renewed, or modified, provided that the modification does not decrease the conformity of
such measure with Articles 12.3 and 12.4, as it existed immediately before the modification.
2. Articles 12.3 and 12.4 do not apply to any existing non‑conforming measure listed in this
Annex, to the extent of the non‑conformity.
3. In addition to non-conforming measures listed in this Annex, each Party may adopt or
maintain a measure relating to qualification requirements, qualification procedures, technical
standards, licensing requirements or licensing procedures that does not constitute a limitation within
the meaning of Articles 12.3 and 12.4. Those measures may include the need to obtain a licence,
obtain recognition of qualifications in regulated sectors or to pass specific examinations, such as
language examinations, to fulfil a membership requirement of a particular profession, such as
membership in a professional organisation, or any other non-discriminatory requirements under
which it is not allowed to carry out certain activities in protected zones or areas. While not listed in
this Annex, such measures continue to apply.
& /en 1
4. The Schedules in paragraphs 7 and 8 of this Annex apply only to the territories of Chile and
the European Union in accordance with Article 33.8 and are only relevant in the context of trade
relations between the European Union and its Member States with Chile. Those Schedules do not
affect the rights and obligations of the Member States under European Union law.
5. For greater certainty, the obligation of the European Union to grant national treatment does
not entail the 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 to any
measure adopted pursuant to that Treaty, including their implementation in a Member State, 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.
6. The following abbreviations are used in the paragraphs below:
AT Austria
BE Belgium
BG Bulgaria
& /en 2
CY Cyprus
CZ Czechia
DE Germany
DK Denmark
EE Estonia
EL Greece
ES Spain
EU European Union, including all its Member States
FI Finland
FR France
HR Croatia
HU Hungary
IE Ireland
& /en 3
IT Italy
LT Lithuania
LU Luxembourg
LV Latvia
MT Malta
NL The Netherlands
PL Poland
PT Portugal
RO Romania
SE Sweden
SI Slovenia
SK Slovakia
& /en 4
7. The non-conforming measures of the European Union are:
Business visitors for establishment purposes
All sectors AT, CZ: Business visitor for establishment purposes needs to work for an
enterprise other than a non-profit organisation, otherwise: Unbound.
SK: Business visitor for establishment purposes needs to work for an enterprise
other than a non-profit organisation, otherwise: Unbound. Work permit required,
including economic needs test.
CY: Permissible length of stay: up to 90 days in any 12 month period. Business
visitor for establishment purposes needs to work for an enterprise other than a
non-profit organisation, otherwise: Unbound.
Intra-corporate transferees
All sectors AT, CZ, SK: Intra-corporate transferees need to be employed by an enterprise
other than a non-profit organisation, otherwise: Unbound.
FI: Senior personnel needs to be employed by an enterprise other than a non-profit
organisation.
HU: Natural persons who have been a partner in an enterprise do not qualify to be
transferred as intra-corporate transferees.
Trainee employees
AT, CZ, DE, FR, ES, HU, LT: Training of the trainee employee must be linked to
the university degree which has been obtained.
& /en 5
Short-term business visitors
All short-term CY, DK, HR: Work permit, including economic needs test, required in case the
business short-term business visitor supplies a service.
visitors LV: Work permit required for operations or activities to be performed on the basis
of a contract.
MT: Work permit required. No economic needs tests performed.
SI: A single residency and work permit is required for the supply of services
exceeding 14 days at a time and for certain activities (research and design; training
seminars; purchasing; commercial transactions; translation and interpretation). An
economic needs test is not required.
SK: In case of supplying a service in the territory of Slovakia, a work permit,
including economic needs test, is required beyond seven days in a month or
30 days in calendar year.
Installers and AT: Work permit required, including economic needs test. Economic needs test is
maintainers waived for natural persons training workers to supply services and possessing
specialisedge knowledge.
CY: Work permit is required beyond seven days in a month or 30 days in calendar
year.
CZ : Work permit is required if work exceeds seven consecutive calendar days or
a total of 30 days in calendar year.
ES: Work permit required. Installers, repair and maintainers shall be employed as
such by the juridical person supplying the good or service or by an enterprise
which is a member of the same group as the originating juridical person for at least
three months immediately preceding the date of submission of an application for
entry and they shall possess at least three years of relevant professional
experience, if applicable, obtained after the age of majority.
FI: Depending on the activity, a residence permit may be required.
SE: Work permit required, except for (i) natural persons who participate in
training, testing, preparation or completion of deliveries, or similar activities
within the framework of a business transaction, or (ii) fitters or technical
instructors in connection with urgent installation or repair of machinery for up to
two months, in the context of an emergency. No economic needs test required.
& /en 6
Investors
All sectors: AT: Economic needs test.
CY: Maximum stay of 90 days within any six-month period.
CZ, SK: Work permit, including economic needs test, required in case of investors
employed by an enterprise.
DK: Maximum stay of 90 days within any six-month period. If investors wish to
establish a business in Denmark as self-employed, a work permit is required.
FI: Investors need to be employed by an enterprise other than a non-profit
organisation, in a position of middle or top management.
HU: Maximum length of stay 90 days if the investor is not employed by an
enterprise in Hungary. Economic needs test required if the investor is employed by
an enterprise in Hungary.
IT: Economic needs test required if the investor is not employed by an enterprise.
LT, NL, PL: The category of investors is not recognised with regard to natural
persons representing the investor.
LV: For pre-investment phase maximum length of stay is limited to 90 days within
any six-month period. Extension in post-investment phase to one year, subject to
criteria in national legislation such as field and amount of investment made.
SE: Work permit required if investor considered to be employed.
& /en 7
8. The non-conforming measures of Chile are:
Business visitors for establishment purposes
All sectors None
Intra-corporate transferees
All sectors None
Short-term business visitors
All sectors None
Investors:
All sectors None
& /en 8
The activities that short-term business visitors of the European Union are permitted to engage in,
provided that their principal place of business, actual place of remuneration and predominant place
of accrual of profits remain outside Chile, are:
(a) attending meetings or conferences, or engaging in consultations with business colleagues;
(b) taking orders from or negotiating contracts with an enterprise located in Chile but not selling
goods or providing services to the general public;
(c) undertaking business consultations concerning the establishment, expansion or winding up of
an enterprise or investment in Chile; or
(d) installing, repairing or maintaining equipment or machinery, performing services or training
workers to perform services, pursuant to a warranty or other service contract incidental to the
sale or lease of such equipment or machinery, during the life of the warranty or service
agreement.
________________
& /en 9
ANNEX 12-B
CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS
1. Each Party shall allow the supply of services in its territory by contractual services suppliers
or independent professionals of the other Party through the presence of natural persons, in
accordance with Article 12.5, for the sectors listed in this Annex and subject to the relevant
limitations.
2. The lists in paragraphs 11 and 12 are composed of the following elements:
(a) the first column indicating the sector or sub-sector for which the category of contractual
services suppliers and independent professionals is liberalised; and
(b) the second column describing the applicable limitations.
3. In addition to the list of reservations in this Annex, each Party may adopt or maintain a
measure relating to qualification requirements, qualification procedures, technical standards,
licensing requirements or licensing procedures that does not constitute a limitation within the
meaning of Article 12.5. Those measures may include the need to obtain a licence, obtain
recognition of qualifications in regulated sectors or to pass specific examinations, such as language
examinations, to fulfil a membership requirement of a particular profession, such as membership in
a professional organisation, or any other non-discriminatory requirements under which it is not
allowed to carry out certain activities in protected zones or areas. While not listed in this Annex,
such measures continue to apply.
& /en 1
4. The Parties do not undertake any commitment for contractual service suppliers and
independent professionals in economic activities which are not listed in this Annex.
5. In the sectors where economic needs tests are applied, their main criteria will be the
assessment of:
(a) for Chile, the relevant market situation in Chile; and
(b) for the European Union, the relevant market situation in the Member State or the region
where the service is to be provided, including with respect to the number of, and the impact
on, services suppliers who are already supplying a service when the assessment is made.
6. The Schedules in paragraphs 11 to 12 of this Annex apply only to the territories of Chile and
the European Union in accordance with Article 33.8 and are only relevant in the context of trade
relations between the European Union and its Member States with Chile. Those Schedules do not
affect the rights and obligations of the Member States under European Union law.
7. For greater certainty, the obligation of the European Union to grant national treatment does
not entail the 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 to any
measure adopted pursuant to that Treaty, including their implementation in a Member States, to:
(a) natural persons or residents of another Member State; or
& /en 2
(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.
8. The following abbreviations are used in the lists below:
AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czechia
DE Germany
DK Denmark
EE Estonia
EL Greece
ES Spain
& /en 3
EU European Union, including all its Member States
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
& /en 4
PT Portugal
RO Romania
SE Sweden
SI Slovenia
SK Slovakia
CSS Contractual Services Suppliers
IP Independent Professionals
Contractual Services Suppliers
9. Subject to the list of reservations in paragraphs 11 and 12 of this Annex, the Parties take
commitments in accordance with Article 12.5 with respect to contractual services suppliers in the
following sectors or sub-sectors:
(a) Legal services for legal advice in respect of public international law and home jurisdiction
law;
(b) Accounting and bookkeeping services;
& /en 5
(c) Taxation advisory services;
(d) Architectural services and urban planning and landscape architectural services;
(e) Engineering services and integrated engineering services;
(f) Medical and dental services;
(g) Veterinary services;
(h) Midwives services;
(i) Services provided by nurses, physiotherapists and paramedical personnel;
(j) Computer and related services;
(k) Research and development services;
(l) Advertising services;
(m) Market research and opinion polling;
(n) Management consulting services;
& /en 6
(o) Services related to management consulting;
(p) Technical testing and analysis services;
(q) Related scientific and technical consulting services;
(r) Mining;
(s) Maintenance and repair of vessels;
(t) Maintenance and repair of rail transport equipment;
(u) Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport
equipment;
(v) Maintenance and repair of aircrafts and parts thereof;
(w) Maintenance and repair of metal products, of (non office) machinery, of (non transport and
non office) equipment and of personal and household goods;
(x) Translation and interpretation services;
(y) Telecommunication services;
& /en 7
(z) Postal and courier services;
(aa) Construction and related engineering services;
(bb) Site investigation work;
(cc) Higher education services;
(dd) Services relating to agriculture, hunting and forestry;
(ee) Environmental services;
(ff) Insurance and insurance related services advisory and consulting services;
(gg) Other financial services advisory and consulting services;
(hh) Other financial services listed in Annex 18 – only for Chile;
(ii) Transport advisory and consulting services;
(jj) Travel agencies and tour operators services;
(kk) Tourist guides services;
(ll) Manufacturing advisory and consulting services.
& /en 8
Independent Professionals
10. Subject to the list of reservations in paragraphs 11 and 12 of this Annex, the Parties take
commitments in accordance with Article 12.5 with respect to independent professionals in the
following sectors or sub-sectors:
(a) Legal services for legal advice in respect of public international law and home jurisdiction
law;
(b) Architectural services and urban planning and landscape architectural services;
(c) Engineering services and integrated engineering services;
(d) Computer and related services;
(e) Research and development services;
(f) Market research and opinion polling;
(g) Management consulting services;
(h) Services related to management consulting;
& /en 9
(i) Mining;
(j) Translation and interpretation services;
(k) Telecommunication services;
(l) Postal and courier services
(m) Higher education services;
(n) Insurance related services advisory and consulting services;
(o) Other financial services advisory and consulting services;
(p) Other financial services listed in Annex 18 – only for Chile
(q) Transport advisory and consulting services;
(r) Manufacturing advisory and consulting services.
& /en 10
11. The reservations of the European Union are:
Sector or sub-sector Description of reservations
All sectors CSS:
EU: The number of persons covered by the service contract shall not
be larger than necessary to fulfil the contract, as may be required by
the laws and regulations of the Party where the service is supplied.
Legal services for legal CSS:
advice in respect of public
In AT, BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, PT,
international law and home SE: None.
jurisdiction law (part of
CPC 861) In BG, CZ, DK, FI, HU, LT, LV, MT, RO, SI, SK: Economic needs
test.
IP:
In AT, CY, DE, EE, FR, HR, IE, LU, LV, NL, PL, PT, SE: None.
In BE, BG, CZ, DK, EL, ES, FI, HU, IT, LT, MT, RO, SI, SK:
Economic needs tests.
Accounting and CSS:
bookkeeping services In AT, BE, DE, EE, ES, HR, IE, IT, LU, NL, PL, PT, SI, SE: None.
(CPC 86212 other than
"auditing services", 86213, In BG, CZ, CY, DK, EL, FI, FR, HU, LT, LV, MT, RO, SK:
86219 and 86220) Economic needs test.
IP:
EU: Unbound.
& /en 11
Sector or sub-sector Description of reservations
Taxation advisory services CSS:
(CPC 863)1 In AT, BE, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE: None.
In BG, CZ, CY, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic
needs test.
In PT: Unbound.
IP:
EU: Unbound.
Architectural services and CSS:
urban planning and In BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI,
landscape architectural SE: None.
services (CPC 8671
and 8674) In FI: None, except: The natural person must demonstrate that it
possesses special knowledge relevant to the service being supplied.
In BG, CZ, DE, HU, LT, LV, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
In AT: Planning services only, where: Economic needs test.
IP:
In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE:
None.
In FI: None, except: The natural person must demonstrate that it
possesses special knowledge relevant to the service being supplied.
In BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
In AT: Planning services only, where: Economic needs test.
1 Does not include legal advice and legal representation on tax matters, which is covered under
legal services in respect of public international law and home jurisdiction law.
& /en 12
Sector or sub-sector Description of reservations
Engineering services and CSS:
integrated engineering In BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI,
services (CPC 8672
SE: None.
and 8673)
In FI: None, except: The natural person must demonstrate that it
possesses knowledge relevant to the service being supplied.
In BG, CZ, DE, HU, LT, LV, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
In AT: Planning services only, where: Economic needs test.
IP:
In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE:
None.
In FI: None, except: The natural person must demonstrate that it
possesses knowledge relevant to the service being supplied.
In BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
In AT: Planning services only, where: Economic needs test.
Medical (including CSS:
psychologists) and dental In SE: None.
services (CPC 9312 and
part of 85201) In CY, CZ, DE, DK, EE, ES, IE, IT, LU, MT, NL, PL, PT, RO, SI:
Economic needs test.
In FR: Economic needs test, except for psychologists, where:
Unbound.
In AT: Unbound, except for psychologists and dental services,
where: Economic needs test.
In BE, BG, EL, FI, HR, HU, LT, LV, SK: Unbound.
IP:
EU: Unbound.
& /en 13
Sector or sub-sector Description of reservations
Veterinary services CSS:
(CPC 932) In SE: None.
In CY, CZ, DE, DK, EE, EL, ES, FI, FR, IE, IT, LT, LU, MT, NL,
PL, PT, RO, SI: Economic needs test.
In AT, BE, BG, HR, HU, LV, SK: Unbound.
IP:
EU: Unbound.
Midwives services (part of CSS:
CPC 93191) In IE, SE: None.
In AT, CY, CZ, DE, DK, EE, EL, ES, FR, IT, LT, LV, LU, MT, NL,
PL, PT, RO, SI: Economic needs test.
In BE, BG, FI, HR, HU, SK: Unbound.
IP:
EU: Unbound.
Services provided by CSS:
nurses, physiotherapists and
In IE, SE: None.
paramedical personnel (part
of CPC 93191) In AT, CY, CZ, DE, DK, EE, EL, ES, FR, IT, LT, LV, LU, MT, NL,
PL, PT, RO, SI: Economic needs test.
In BE, BG, FI, HR, HU, SK: Unbound.
IP:
EU: Unbound.
& /en 14
Sector or sub-sector Description of reservations
Computer and related CSS:
services (CPC 84) In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, LV, MT, NL, PL, PT,
SI, SE: None.
In FI: None, except: The natural person must demonstrate that it
possesses special knowledge relevant to the service being supplied.
In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test except for CSS stays of up to
three months.
IP:
In DE, EE, EL, FR, IE, LU, LV, MT, NL, PL, PT, SI, SE: None.
In FI: None, except: The natural person must demonstrate that it
possesses special knowledge relevant to the service being supplied.
In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, RO, SK: Economic
needs test.
In HR: Unbound.
Research and development CSS:
services (CPC 851, 852
EU except in NL, SE: A hosting agreement with an approved
excluding psychologists research organisation is required2.
services1, and 853)
EU except in CZ, DK, SK: None.
In CZ, DK, SK: Economic needs test.
IP:
EU except in NL, SE: A hosting agreement with an approved
research organisation is required3.
EU except in BE, CZ, DK, IT, SK: None.
In BE, CZ, DK, IT, SK: Economic needs test.
1 Part of CPC 85201, which is under medical and dental services.
2 For all Member States except DK, the approval of the research organisation and the hosting
agreement must meet the conditions set pursuant to Directive (EU) 2016/801 of 11 May 2016.
3 For all Member States except DK, the approval of the research organisation and the hosting
agreement must meet the conditions set pursuant to Directive (EU) 2016/801 of 11 May 2016.
& /en 15
Sector or sub-sector Description of reservations
Advertising services CSS:
(CPC 871) In BE, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, DK, EL, FI, HU, LT, LV, MT, RO, SK:
Economic needs test.
IP:
EU: Unbound, except NL.
In NL: None.
Market research and CSS:
opinion polling services In BE, DE, EE, ES, FR, IE, IT, LU, NL, PL, SE: None.
(CPC 864)
In AT, BG, CZ, CY, DK, EL, FI, HR, LV, MT, RO, SI, SK:
Economic needs test.
In PT: None, except for public opinion polling services
(CPC 86402), where: Unbound.
In HU, LT: Economic needs test, except for public opinion polling
services (CPC 86402), where: Unbound.
IP:
In DE, EE, FR, IE, LU, NL, PL, SE: None.
In AT, BE, BG, CZ, CY, DK, EL, ES, FI, HR, IT, LV, MT, RO, SI,
SK: Economic needs test.
In PT: None, except for public opinion polling services
(CPC 86402), where: Unbound.
In HU, LT: Economic needs test, except for public opinion polling
services (CPC 86402), where: Unbound.
& /en 16
Sector or sub-sector Description of reservations
Management consulting CSS:
services (CPC 865) In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL,
PT, SI, SE: None.
In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
IP:
In CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE:
None.
In AT, BE, BG, CZ, DK, ES, HR, HU, IT, LT, RO, SK: Economic
needs test.
Services related to CSS:
management consulting In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL,
(CPC 866)
PT, SI, SE: None.
In AT, BG, CZ, CY, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
In HU: Economic needs test, except for arbitration and conciliation
services (CPC 86602), where: Unbound.
IP:
In CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE:
None.
In AT, BE, BG, CZ, DK, ES, HR, IT, LT, RO, SK: Economic needs
test.
In HU: Economic needs test, except for arbitration and conciliation
services (CPC 86602), where: Unbound.
& /en 17
Sector or sub-sector Description of reservations
Technical testing and CSS:
analysis services In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE: None.
(CPC 8676)
In AT, BG, CZ, CY, FI, HU, LT, LV, MT, PT, RO, SK: Economic
needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
IP:
EU: Unbound, except NL.
In NL: None.
Related scientific and CSS:
technical consulting In BE, EE, EL, ES, HR, IE, IT, LU, NL, PL, SI, SE: None.
services (CPC 8675)
In AT, CZ,CY, DE, DK, FI, HU, LT, LV, MT, PT, RO, SK:
Economic needs test.
In DE: None, except for publicly appointed surveyors, where:
Unbound.
In FR: None, except for "surveying" operations relating to the
establishment of property rights and to land law, where: Unbound.
In BG: Unbound.
IP:
EU: Unbound, except NL.
In NL: None.
& /en 18
Sector or sub-sector Description of reservations
Mining (CPC 883, advisory CSS:
and consulting services In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL,
only) PT, SI, SE: None.
In AT, BG, CZ,CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
IP:
In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, PL, RO, SK:
Economic needs test.
Maintenance and repair of CSS:
vessels (part of CPC 8868) In BE, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None.
In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, MT, RO, SK:
Economic needs test.
IP:
EU: Unbound, except NL.
In NL: None.
Maintenance and repair of CSS:
rail transport equipment In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE:
(part of CPC 8868) None.
In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, RO, SK: Economic
needs test.
IP:
EU: Unbound, except NL.
In NL: None.
& /en 19
Sector or sub-sector Description of reservations
Maintenance and repair of CSS:
motor vehicles, In BE, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None.
motorcycles, snowmobiles
and road transport In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, MT, RO, SK:
equipment (CPC 6112, Economic needs test.
6122, part of 8867 and part IP:
of 8868)
EU: Unbound, except NL.
In NL: None.
Maintenance and repair of CSS:
aircraft and parts thereof In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE:
(part of CPC 8868) None.
In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, RO, SK: Economic
needs test.
IP:
EU: Unbound, except NL.
In NL: None.
Maintenance and repair of CSS:
metal products, of (non In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE:
office) machinery, of (non None.
transport and non office)
equipment and of personal In AT, BG, CZ, CY, DE, DK, HU, IE, LT, RO, SK: Economic needs
and household goods1 test.
(CPC 633, 7545, 8861, In FI: Unbound, except in the context of an after-sales or after-lease
8862, 8864, 8865 and 8866) contract; for maintenance and repair of personal and household
goods (CPC 633): Economic needs test.
IP:
EU: Unbound, except NL.
In NL: None.
1 Maintenance and repair services of office machinery and equipment including computers
(CPC 845) are under computer services.
& /en 20
Sector or sub-sector Description of reservations
Translation and CSS:
interpretation services In BE, CY, DE, EE, EL, ES, FR, HR, IT, LU, MT, NL, PL, PT, SI,
(CPC 87905, excluding
SE: None.
official or certified
activities) In AT, BG, CZ, DK, FI, HU, IE, LT, LV, RO, SK: Economic needs
test.
IP:
In CY, DE, EE, FR, LU, LV, MT, NL, PL, PT, SI, SE: None.
In AT, BE, BG, CZ, DK, EL, ES, FI, HU, IE, IT, LT, RO, SK:
Economic needs test.
In HR: Unbound.
Telecommunication CSS:
services (CPC 7544, In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL,
advisory and consulting PT, SI, SE: None.
services only)
In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
IP:
In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE:
None.
In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, RO, SK: Economic
needs test.
& /en 21
Sector or sub-sector Description of reservations
Postal and courier services CSS:
(CPC 751, advisory and In BE, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT,
consulting services only) SI, SE: None.
In AT, BG, CZ, CY, FI, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
IP:
In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, FI, HU, IT, LT, RO, SK:
Economic needs test.
Construction and related CSS:
engineering services EU: Unbound except in BE, CZ, DK, ES, NL and SE.
(CPC 511, 512, 513, 514,
515, 516, 517 and 518. In BE, DK, ES, NL, SE: None.
BG: CPC 512, 5131, 5132, In CZ: Economic needs test.
5135, 514, 5161, 5162,
51641, 51643, 51644, 5165 IP:
and 517) EU: Unbound, except NL. In NL: None.
Site investigation work CSS:
(CPC 5111) In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI,
SE: None.
In AT, BG, CZ, CY, FI, HU, LT, LV, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
IP:
EU: Unbound.
& /en 22
Sector or sub-sector Description of reservations
Higher education services CSS:
(CPC 923) EU except in LU, SE: Unbound.
In LU: Unbound, except for university professors, where: None.
In SE: None, except for publicly funded and privately funded
educational services suppliers with some form of State support,
where: Unbound.
IP:
EU except in SE: Unbound.
In SE: None, except for publicly funded and privately funded
educational services suppliers with some form of State support,
where: Unbound.
Services relating to CSS:
agriculture, hunting and EU except in BE, DE, DK, ES, FI, HR and SE: Unbound.
forestry (CPC 881, advisory
and consulting services In BE, DE, ES, HR, SE: None.
only) In DK: Economic needs test.
In FI: Unbound, except for advisory and consulting services relating
to forestry, where: None.
IP:
EU: Unbound.
Environmental services CSS:
(CPC 9401, 9402, 9403, In BE, EE, ES, FI, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE:
9404, part of 94060, 9405, None.
part of 9406 and 9409)
In AT, BG, CZ, CY, DE, DK, EL, HU, LT, LV, RO, SK: Economic
needs test.
IP:
EU: Unbound.
& /en 23
Sector or sub-sector Description of reservations
Insurance and insurance CSS:
related services (advisory In BE, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT,
and consulting services
SI, SE: None.
only)
In AT, BG, CZ,CY, FI, LT, RO, SK: Economic needs test.
In DK: Economic needs test except for CSS stays of up to
three months.
In HU: Unbound.
IP:
In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, FI, IT, LT, PL, RO, SK: Economic
needs test.
In HU: Unbound.
Other financial services CSS:
(advisory and consulting In BE, DE, ES, EE, EL, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT,
services only) SI, SE: None.
In AT, BG, CZ, CY, FI, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS that stays of up to
three months.
In HU: Unbound.
IP:
In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, FI, IT, LT, PL, RO, SK: Economic
needs test.
In HU: Unbound.
& /en 24
Sector or sub-sector Description of reservations
Transport (CPC 71, 72, 73, CSS:
and 74, advisory and In DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT,
consulting services only) SI, SE: None.
In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
In BE: Unbound.
IP:
In CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE:
None.
In AT, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
In PL: Economic needs test, except for air transport, where: None.
In BE: Unbound.
Travel agencies and tour CSS:
operators services
In AT, CY, CZ, DE, EE, ES, FR, HR, IT, LU, NL, PL, SI, SE: None.
(including tour managers1)
In BG, EL, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.
(CPC 7471)
In DK: Economic needs test, except for CSS stays of up to
three months.
In BE, IE: Unbound, except for tour managers, where: None.
IP:
EU: Unbound.
1 Services suppliers whose function is to accompany a tour group of a minimum of ten natural
persons, without acting as guides in specific locations.
& /en 25
Sector or sub-sector Description of reservations
Tourist guides services CSS:
(CPC 7472) In NL, PT, SE: None.
In AT, BE, BG, CY, CZ, DE, DK, EE, FI, FR, EL, HU, IE, IT, LV,
LU, MT, RO, SK, SI: Economic needs test.
In ES, HR, LT, PL: Unbound.
IP:
EU: Unbound.
Manufacturing (CPC 884, CSS:
and 885, advisory and In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL,
consulting services only) PT, SI, SE: None.
In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
In DK: Economic needs test, except for CSS stays of up to
three months.
IP:
In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, PL, RO, SK:
Economic needs test.
& /en 26
12. The reservations of Chile are:
Sector or sub-sector Description of reservations
Legal services for legal advice in respect of public None.
international law and home jurisdiction law (part of
CPC 861)
Accounting and bookkeeping services (CPC 86212 None.
other than "auditing services", 86213, 86219
and 86220)
Taxation advisory services (CPC 863)1 None.
Architectural services and urban planning and None.
landscape architectural services (CPC 8671 and 8674)
Engineering services and integrated engineering None.
services (CPC 8672 and 8673)
Medical (including psychologists) and dental services None.
(CPC 9312 and part of 85201)
Veterinary services (CPC 932) None.
Midwives services (part of CPC 93191) None.
Services provided by nurses, physiotherapists and None.
paramedical personnel (part of CPC 93191)
Computer and related services (CPC 84) None.
Research and development services (CPC 851, 852 None.
excluding psychologists services2, and 853)
Advertising services (CPC 871) None.
Market research and opinion polling services (CPC 864) None.
1 Does not include legal advice and legal representation on tax matters, which is covered under
legal services in respect of public international law and home jurisdiction law.
2 Part of CPC 85201, which is under medical and dental services.
& /en 27
Sector or sub-sector Description of reservations
Management consulting services (CPC 865) None.
Services related to management consulting (CPC 866) None.
Technical testing and analysis services (CPC 8676) None.
Related scientific and technical consulting services None.
(CPC 8675)
Mining (CPC 883, advisory and consulting services None.
only)
Maintenance and repair of vessels (part of CPC 8868) None.
Maintenance and repair of rail transport equipment (part None.
of CPC 8868)
Maintenance and repair of motor vehicles, motorcycles, None.
snowmobiles and road transport equipment (CPC 6112,
6122, part of 8867 and part of 8868)
Maintenance and repair of aircraft and parts thereof None.
(part of CPC 8868)
Maintenance and repair of metal products, of (non None.
office) machinery, of (non transport and non office)
equipment and of personal and household goods1
(CPC 633, 7545, 8861, 8862, 8864, 8865 and 8866)
Translation and interpretation services (CPC 87905, None.
excluding official or certified activities)
Telecommunication services (CPC 7544, advisory and None.
consulting services only)
Postal and courier services (CPC 751, advisory and None.
consulting services only)
1 Maintenance and repair services of office machinery and equipment including computers
(CPC 845) are under computer services.
& /en 28
Sector or sub-sector Description of reservations
Construction and related engineering services None.
(CPC 511, 512, 513, 514, 515, 516, 517 and 518.
BG: CPC 512, 5131, 5132, 5135, 514, 5161, 5162,
51641, 51643, 51644, 5165 and 517)
Site investigation work (CPC 5111) None.
Higher education services (CPC 923) None.
Agriculture, hunting and forestry (CPC 881, advisory None.
and consulting services only)
Environmental services (CPC 9401, 9402, 9403, 9404, None.
part of 94060, 9405, part of 9406 and 9409)
Insurance and insurance related services (advisory and None.
consulting services only)
Other financial services (advisory and consulting None.
services only)
Other financial services (listed in section B of None.
Appendix 18-2
Transport (CPC 71, 72, 73, and 74, advisory and None.
consulting services only)
Travel agencies and tour operators services (including None.
tour managers1) (CPC 7471)
Tourist guides services (CPC 7472) None.
Manufacturing (CPC 884, and 885, advisory and None.
consulting services only)
________________
1 Services suppliers whose function is to accompany a tour group of a minimum of 10 natural
persons, without acting as guides in specific locations.
& /en 29
ANNEX 12-C
MOVEMENT OF NATURAL PERSONS FOR BUSINESS PURPOSES
Entry and temporary stay-related procedural commitments
1. The Parties should ensure that the processing of applications for entry and temporary stay
pursuant to their respective commitments in this Agreement follows good administrative practice.
To that effect:
(a) each Party shall ensure that fees charged by competent authorities for the processing of
applications for entry and temporary stay do not unduly impair or delay trade in services
under this Agreement;
(b) subject to the discretion of the competent authorities, the documents required from an
applicant for the grant of entry and temporary stay of short-term visitors for business purposes
should be commensurate with the purpose for which they are collected;
(c) complete applications for the grant of entry and temporary stay shall be processed as
expeditiously as possible;
& /en 1
(d) the competent authorities of a Party shall endeavor to provide, without undue delay,
information in response to any reasonable request from an applicant concerning the status of
an application for entry and temporary stay;
(e) if the competent authorities of a Party require additional information from the applicant in
order to process the application for entry and temporary stay, those authorities shall endeavor
to notify, without undue delay, the applicant thereof;
(f) its competent authorities of each Party shall notify the applicant of the outcome of the
application for entry and temporary stay promptly after a decision has been taken;
(g) if the application for entry and temporary stay is approved, the competent authorities of each
Party shall notify the applicant of the period of stay and other relevant terms and conditions;
(h) if the application for entry and temporary stay is denied, the competent authorities of a Party
shall, on request of the applicant or on their own initiative, make available to the applicant
information on any available review and appeal procedures;
(i) each Party shall endeavor to accept and process applications in electronic format.
& /en 2
2. The following additional procedural commitments apply to intra-corporate transferees and
their family members1:
(a) the competent authorities of each Party shall adopt a decision on the application for entry or
temporary stay of an intra-corporate transferee or a renewal of it and notify that decision to
the applicant, in accordance with the notification procedures under national law, as soon as
possible but not later than 90 days from the date on which the complete application was
submitted;
(b) if the information or documentation supplied in support of the application for entry or
temporary stay of an intra-corporate transferee or a renewal of it is incomplete, the competent
authorities of a Party shall notify the applicant, within a reasonable period of time, of the
additional information that is required and set a reasonable deadline for providing it; the
period of time referred to in subparagraph (a) shall be suspended until the competent
authorities have received the additional information required;
(c) the European Union shall extend to family members of natural persons of Chile who are intra-
corporate transferees to the European Union, the right of temporary entry and stay granted to
family members of an intra-corporate transferee under Article 19 of the ICT Directive;
1 Subparagraphs (a), (b) and (c) do not apply for the Member States that are not subject to the
application of Directive 2014/66/EU of the European Parliament and of the Council
of 15 May 2014 on the conditions of entry and residence of third-country nationals in the
framework of an intra-corporate transfer ("ICT Directive").
& /en 3
(d) Chile shall grant to family members of natural persons of the European Union who are
business visitors for establishment purposes, investors, intra-corporate transferees, contractual
service suppliers and independent professionals, a visa as a dependent, which does not allow
such family members to perform remunerated activities in Chile; nevertheless, a family
dependent may be permitted to perform a remunerated activity in Chile upon a separate
application, under this Agreement or the general immigration rules, for their own visa as non-
dependent; such application can be submitted and processed in Chile.
Cooperation on return and readmission
3. The Parties acknowledge that the enhanced movement of natural persons following from
paragraphs 1 and 2 requires full cooperation on return and readmission of natural persons who do
not fulfil, or do no longer fulfil, the conditions for entry to, presence in or residence on the territory
of the other Party.
4. For the purposes of paragraph 3, a Party may suspend the application of the provisions of
paragraphs 1 and 2 if it assesses that the other Party does not observe its obligation under
international law to readmit its nationals without conditions. The Parties reaffirm their
understanding that such assessment is not subject to review under Chapter 31.
________________
& /en 4
ANNEX 14-A
GUIDELINES FOR ARRANGEMENTS ON THE RECOGNITION
OF PROFESSIONAL QUALIFICATIONS
SECTION A
GENERAL PROVISIONS
1. This Annex contains guidelines for arrangements on the conditions for the recognition of
professional qualifications ("arrangements"), as laid down in Article 14.1.
2. Pursuant to that Article, these guidelines are to be taken into account in the development of
joint recommendations by professional bodies or authorities of the Parties ("joint
recommendations").
3. The guidelines are non-binding, non-exhaustive and do not modify or affect the rights and
obligations of the Parties under this Agreement. They set out the typical content of arrangements,
and provide general indications as to the economic value of an arrangement and the compatibility of
the respective professional qualifications regimes.
& /en 1
4. Some of the elements of these guidelines may not be relevant in all cases and professional
bodies and authorities are free to include in their joint recommendations any other element that they
consider pertinent for the arrangements of the profession and the professional activities concerned,
in consistency with this Agreement.
5. The guidelines should be taken into account by the Trade Council when deciding whether to
develop and adopt arrangements. They are without prejudice to its review of the consistency of joint
recommendations with this Agreement and its discretion to take into account the elements it deems
relevant, including those contained in joint recommendations.
SECTION B
FORM AND CONTENT OF AN ARRANGEMENT
6. This Section sets out the typical content of an arrangement, some of which is not within the
remit of the professional bodies or authorities preparing joint recommendations. This content
constitutes, nonetheless, useful information to be taken into account in the preparation of joint
recommendations, so that they are better adapted to the possible scope of an arrangement.
7. Matters addressed specifically in this Agreement which apply to arrangements, such as the
geographical scope of an arrangement; its interaction with scheduled non-conforming measures; the
system of dispute resolution; or monitoring and review mechanisms of the arrangement, should not
be addressed by joint recommendations.
& /en 2
8. An arrangement may specify different mechanisms for the recognition of professional
qualifications within a Party. It may also be limited to setting the scope of the arrangement, the
procedural provisions, the effects of recognition and additional requirements, and the administrative
arrangements.
9. An arrangement which is adopted by the Trade Council should reflect the degree of discretion
that is intended to be preserved for competent authorities deciding on recognition.
Scope of an arrangement
10. An arrangement should set out:
(a) the specific regulated profession or professions, relevant professional title or titles and the
activity or group of activities covered by the scope of practice of the regulated profession in
the Parties ("scope of practice"); and
(b) whether it covers the recognition of professional qualifications for the purposes of access to
professional activities on a fixed-term or an indefinite basis.
& /en 3
Conditions for recognition
11. An arrangement may specify in particular:
(a) the professional qualifications necessary for recognition under the arrangement, for example,
evidence of formal qualification, professional experience, or other attestation of competence;
(b) the degree of discretion preserved by recognition authorities when assessing requests for
recognition of these qualifications; and
(c) the procedures to deal with variations and gaps between professional qualifications and means
to bridge the differences, including the possibility for imposing any compensatory measures
or any other relevant conditions and limitations.
Procedural provisions
12. An arrangement may set out:
(a) the documents required and the form in which they should be presented, for example, by
electronic or other means, or whether they should be supported by translations or
certifications of authenticity;
& /en 4
(b) the steps and procedures in the recognition process, including those relating to possible
compensatory measures, corresponding obligations and timelines; and
(c) the availability of information relevant to all aspects of the recognition processes and
requirements.
Effects of recognition and additional requirements
13. An arrangement may set out provisions on the effects of recognition and, if relevant, also in
respect of different modes of supply.
14. An arrangement may describe any additional requirements for the effective exercise of a
regulated profession in the host Party. Such requirements may include:
(a) registration requirements with local authorities;
(b) appropriate language skills;
(c) proof of good character;
(d) compliance with the requirements of the host Party for use of trade or firm names;
& /en 5
(e) compliance with the rules of ethics, independence and professional conduct requirements of
the host Party;
(f) need to obtain professional indemnity insurance;
(g) rules on disciplinary action, financial responsibility and professional liability; and
(h) requirements for continuous professional development.
Administration of the arrangement
15. An arrangement should set out the terms under which it can be reviewed or revoked, and the
effects of any revision or revocation. Consideration may also be given to the inclusion of provisions
concerning the effects of any recognition previously accorded.
& /en 6
SECTION C
ECONOMIC VALUE OF AN ENVISAGED ARRANGEMENT
16. Pursuant to subparagraph (a) of Article 14.1(2), joint recommendations shall be supported by
an evidence-based assessment of the economic value of an envisaged arrangement. This may
consist of an evaluation of the economic benefits that an arrangement is expected to bring to the
economies of both Parties. Such an assessment may assist the Trade Council when developing and
adopting an arrangement.
17. Aspects such as the existing level of market openness, industry needs, market trends and
developments, client expectations and requirements and business opportunities would constitute
useful elements for the evaluation referred to in paragraph 16.
18. The evaluation is not required to be a full and detailed economic analysis, but should provide
an explanation of the interest of the profession in, and the expected benefits for the Parties ensuing
from, the adoption of an arrangement.
& /en 7
SECTION D
COMPATIBILITY OF RESPECTIVE PROFESSIONAL QUALIFICATION REGIMES
19. Pursuant to subparagraph (b) of Article 14.1(2), joint recommendations shall be supported by
an evidence-based assessment of the compatibility of the respective professional qualification
regimes. Such an assessment may assist the Trade Council when developing and adopting an
arrangement.
20. The following process aims at guiding professional bodies and authorities when assessing the
compatibility of the respective professional qualifications and activities with a view to simplifying
and facilitating the recognition of professional qualifications.
Step One: Assessment of the scope of practice and the professional qualifications required to
practise the regulated profession in each Party.
21. The assessment of the scope of practice and of the professional qualifications required to
practise a regulated profession in each Party should be based on all relevant information.
22. The following elements should be identified:
(a) activities or groups of activities covered by the scope of practice of the regulated profession in
each Party; and
& /en 8
(b) the professional qualifications required in each Party to practise the regulated profession,
which may include any of the following elements:
(i) the minimum education required, for example, entry requirements, level of education,
length of study and contents of study;
(ii) the minimum professional experience required, for example, location, length and
conditions of practical training or supervised professional practice prior to registration,
licensing or equivalent;
(iii) examinations passed, especially examinations of professional competency; and
(iv) the acquisition of a licence, or equivalent, certifying, for example, the fulfilment of the
necessary professional qualification requirements for the pursuit of the profession.
Step Two: Evaluation of the divergence between the scope of practice of, or the professional
qualifications required to practise, the regulated profession in each Party.
23. The evaluation of the divergence in the scope of practice of, or in the professional
qualifications required to practise, the regulated profession, in each Party, should in particular
identify divergence that is substantial.
& /en 9
24. Substantial divergence in the scope of practice may exist if all of the following conditions are
met:
(a) one or more activities covered by a regulated profession in the host Party are not covered by
the corresponding profession in the Party of origin;
(b) such activities are subject to specific training in the host Party; and
(c) the training for such activities in the host Party covers matters substantially diverging from
those covered by the applicant's qualification.
25. Substantial divergence in the professional qualifications required to practise a regulated
profession may exist if there are divergences in the Parties’ requirements with regard to the level,
duration or content of the training that is required for the pursuit of activities covered by the
regulated profession.
Step Three: Recognition mechanisms.
26. There may be different mechanisms for the recognition of professional qualifications,
depending on the circumstances. There may be different mechanisms within a Party.
27. If there is no substantial divergence in the scope of practice and in the professional
qualifications required to practise a regulated profession, an arrangement may provide for a simpler,
more streamlined recognition process than in the case with substantial divergence.
& /en 10
28. If there is substantial divergence, the arrangement may provide for compensatory
requirements which are sufficient to remedy such divergence.
29. When compensatory requirements are used to reduce substantial divergence, they should be
proportionate to the divergence that they seek to address. Any practical professional experience or
formally validated training could be taken into account to assess the extent of the compensatory
requirements needed.
30. Whether or not the divergence is substantial, the arrangement may take account of the degree
of discretion that is intended to be preserved for competent authorities deciding on recognition
requests.
31. Compensatory requirements may take different forms, including:
(a) a period of supervised practice of a regulated profession in the host Party, possibly
accompanied by further training, under the responsibility of a qualified person and subject to a
regulated assessment;
(b) a test made or recognised by the relevant authorities of the host Party to assess the applicant’s
ability to practice a regulated profession in that Party; and
(c) a temporary limitation of the scope of practice.
& /en 11
32. An arrangement could envisage that a choice is given to applicants between different
compensatory requirements when this could limit the administrative burden for applicants and such
requirements are equivalent.
________________
& /en 12
ANNEX 14-B
MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
Pursuant to Article 14.1(3) and subparagraph (a) of Article 33.1(6), the Trade Council may adopt a
decision in order to determine or amend mutual recognition arrangements set out in this Annex.
________________
& /en 1
ANNEX 18
FINANCIAL SERVICES
Headnotes
1. The schedules of each Party in Appendices 18-1 and 18-2 set out, pursuant to Article 18.10,
the following:
(a) Section A sets out the specific sectors, subsectors or activities to which the obligations of
Article 18.7 apply;
(b) Section B sets out the specific subsectors or activities where that Party undertakes
commitments pursuant to Article 18.6;
(c) Section C sets out the specific sectors, subsectors or activities for which that Party maintains
an existing measure that is not subject to some or all of the obligations imposed by:
(i) Article 18.3;
(ii) Article 18.5;
(iii) Article 18.7;
& /en 1
(iv) Article 18.8; and
(v) Article 18.9.
(d) Section D sets out the specific sectors, subsectors or activities for which that Party may
maintain existing, or adopt new or more restrictive, measures that do not conform with some
or all of the above-mentioned obligations.
2. In all Sections, for the European Union, the specific subsectors or activities are specified in
accordance with Article 18.2. In Section B, for Chile, the commitments are classified by the CPC.
3. A reservation taken with respect to the obligations set out in Articles that are incorporated in
Chapter 18 by Article 18.7 is scheduled by mentioning the title of those Articles and referring to the
specific obligation incorporated.
4. Section B only contains non-discriminatory limitations on market access. Discriminatory
limitations are scheduled in Sections C or D.
5. For greater certainty, the reservations of a Party are without prejudice to the rights and
obligations of the Parties under GATS.
6. In Sections C and D, each reservation sets out the following elements:
(a) "sub-sector" refers to the specific sector in which the reservation is taken;
& /en 2
(b) "type of reservation" or "obligation concerned" specifies the obligation referred to in
paragraphs 1 for which a reservation is taken;
(c) "level of government" indicates the level of government maintaining the measure for which a
reservation is taken;
(d) in Section C, "measures" identifies the laws or other measures as qualified, where indicated,
by the "description" element for which the reservation is taken. A "measure" cited in the
"measures" element:
(i) means the measure as amended, continued or renewed as of the date of entry into force
of this Agreement;
(ii) includes any subordinate measure adopted or maintained under the authority of and
consistent with the measure; and
(iii) in respect of the schedule of the European Union, includes any laws or other measures
which implement a directive at Member State level;
(e) in Section D, "existing measures" identifies, for transparency purposes, existing measures that
apply to sub-sector or activities covered by the reservation; and
(f) "description" sets out the non-conforming aspects of the measure for which the reservation is
taken.
& /en 3
7. For greater certainty, with regard to Section C, if a Party adopts a new measure at a level of
government different to that at which the reservation was originally taken, and this new measure
effectively replaces, within the territory to which it applies, the non-conforming aspect of the
original measure cited in the "measures" element, the new measure shall be deemed to constitute a
"modification" to the original measure within the meaning of subparagraph (c) of Article 18.10(1).
8. In the interpretation of a reservation, all elements of the reservation shall be considered. A
reservation shall be interpreted in the light of the relevant obligations against which the reservation
is taken. In Section C, the "measures" element, and in Sections B and D, the "description" element,
shall prevail over all other elements.
9. A reservation taken at the level of the European Union 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 European Union and its
Member States, 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 of a local government.
& /en 4
10. The schedule of a Party does not include measures relating to requirements and procedures
that a natural or juridical person needs to comply with in order to obtain, amend or renew an
authorisation, i.e. qualification requirements and procedures, technical standards and licensing
requirements and procedures, where they do not constitute a limitation within the meaning of
Articles 18.3, 18.6, or 18.7. These measures may include the need to obtain an authorisation, to be
registered, 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 prohibit certain activities from being carried out in protected zones or areas. While not listed in
the schedule of the Party, such measures may apply.
11. For greater certainty, for the European Union, the obligation to grant national treatment does
not entail the 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.
& /en 5
12. 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 European Union, 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, consistent with Chapter 10, which
may have been imposed on such juridical person when it was established in that other Party, and
which shall continue to apply.
13. Unlike foreign subsidiaries, branches established directly in a Member State by a non-
European Union financial institution are not, with certain limited exceptions, subject to prudential
regulations harmonised at the European Union level which enable such subsidiaries to benefit from
enhanced facilities to set up new establishments and to provide cross-border financial services
throughout the European Union. Therefore, such branches receive an authorisation to operate in the
territory of a Member State under conditions equivalent to those applied to domestic financial
institutions of that Member State, and may be required to satisfy a number of specific prudential
requirements such as, in the case of banking and securities, separate capitalisation and other
solvency requirements and reporting and publication of accounts requirements or, in the case of
insurance, specific guarantee and deposit requirements, a separate capitalisation, and the
localisation in the Member State concerned of the assets representing the technical reserves and at
least one third of the solvency margin.
& /en 6
14. For Chile, juridical and natural persons that participate in the Chilean financial market, can be
regulated, supervised and authorised by the Comisión para el Mercado Financiero (Financial
Market Commission) and other public entities. Domestic and foreign juridical and natural persons
shall comply with the non-discriminatory requirements and obligations of the financial sector
regulation and may be required to satisfy a number of specific prudential requirements such as,
separate capitalisation, legal requirements concerning patrimony, solvency requirements, reporting
and publication of accounts requirements, constitution procedure, specific guarantee and deposit
requirements.
15. The Schedules of the Parties apply only to the territories of Chile and the European Union in
accordance with Article 33.8 and are only relevant in the context of trade relations between the
European Union and its Member States with Chile. They do not affect the rights and obligations of
the Member States under European Union law.
16. For greater certainty, each Party reserves the right to adopt or maintain any measure with
respect to the cross-border supply with regard to all sectors, sub-sectors and activities for financial
services that are not specified in Section A.
17. The following abbreviations are used in the schedules of the Parties:
EU European Union, including all its Member States
AT Austria
BE Belgium
& /en 7
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
& /en 8
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
CMF Comisión para el Mercado Financiero (Financial Market Commission)
& /en 9
Appendix 18-1
EUROPEAN UNION: RESERVATIONS AND MARKET ACCESS COMMITMENTS
SECTION A
COMMITMENTS FOR CROSS-BORDER TRADE IN FINANCIAL SERVICES
The following subsectors or activities to which the obligations of Article 18.7 apply:
Insurance and insurance-related services
In EU, except CY, EE, LV, LT, MT and PL:
1. Insurance of risks relating to:
(a) maritime transport, commercial aviation and space launching and freight, including satellites,
with this insurance to cover the goods being transported, the vehicle transporting the goods, or
liability deriving from that transport; and
(b) goods in international transit;
& /en 10
2. Reinsurance and retrocession;
3. Services auxiliary to insurance as referred to in subparagraph (d)(i)(D) of Article 18.2; and
4. Insurance intermediation, such as brokerage and agency, of insurance risks related to the
services listed in subparagraphs (a) and (b) of paragraph 1.
In CY:
1. Direct insurance services (including co-insurance) for the insurance of risks relating to:
(a) maritime transport, commercial aviation and space launching and freight, including satellites,
with this insurance to cover the goods being transported, the vehicle transporting the goods, or
liability deriving from that transport; and
(b) goods in international transit;
2. Insurance intermediation;
3. Reinsurance and retrocession; and
4. Services auxiliary to insurance as referred to in subparagraph (d)(i)(D) of Article 18.2.
& /en 11
In EE:
1. Direct insurance (including co-insurance);
2. Reinsurance and retrocession;
3. Insurance intermediation; and
4. Services auxiliary to insurance as referred to in subparagraph (d)(i)(D) of Article 18.2.
In LV and LT:
1. Insurance of risks relating to:
(a) maritime transport, commercial aviation and space launching and freight, including satellites,
with this insurance to cover the goods being transported, the vehicle transporting the goods, or
liability deriving from that transport; and
(b) goods in international transit;
2. Reinsurance and retrocession; and
3. Services auxiliary to insurance as referred to in subparagraph (d)(i)(D) of Article 18.2.
& /en 12
In MT:
1. Insurance of risks relating to:
(a) maritime transport, commercial aviation and space launching and freight, including satellites,
with this insurance to cover the goods being transported, the vehicle transporting the goods, or
liability deriving from that transport; and
(b) goods in international transit
2. Reinsurance and retrocession; and
3. Services auxiliary to insurance as referred to in subparagraph (d)(i)(D) of Article 18.2.
In PL:
1. Insurance of risks relating to goods in international trade; and
2. Reinsurance and retrocession of risks relating to goods in international trade.
3. Banking and other financial services (excluding insurance and insurance-related services)
& /en 13
In EU except for BE, CY, EE, LV, LT, MT, SI and RO:
1. The provision and transfer of financial information, and financial data processing and related
software, as referred to in subparagraph (d)(ii)(K) of Article 18.2; and
2. Advisory and other auxiliary financial services relating to banking and other financial
services, as referred to in subparagraph (d)(ii)(L) of Article 18.2, excluding intermediation referred
to in that subparagraph.
In BE:
The provision and transfer of financial information, and financial data processing and related
software, as referred to in subparagraph (d)(ii)(K) of Article 18.2.
In CY:
1. The trading for own account or for the account of customers, whether on an exchange, in an
over-the-counter market or otherwise, of transferrable securities as referred to in
subparagraph (d)(ii)(F)(5) of Article 18.2;
2. The provision and transfer of financial information, and financial data processing and related
software, as referred to in subparagraph (d)(ii)(K) of Article 18.2; and
& /en 14
3. Advisory and other auxiliary financial services relating to banking and other financial
services, as referred to in subparagraph (d)(ii)(L) of Article 18.2, excluding intermediation referred
to in that subparagraph.
In EE and LT:
1. Acceptance of deposits;
2. Lending of all types;
3. Financial leasing;
4. All payment and money transmission services;
5. Guarantees and commitments;
6. Trading for own account or for account of customers, whether on an exchange or in an over-
the-counter market;
7. Participation in issues of all kinds of securities, including underwriting and placement as
agent, whether publicly or privately, and supply of services related to such issues;
& /en 15
8. Money broking;
9. Asset management, such as cash or portfolio management, all forms of collective investment
10. Management, custodial, depository and trust services;
11. Settlement and clearing services for financial assets, including securities, derivative products,
and other negotiable instruments;
12. The provision and transfer of financial information, and financial data processing and related
software, as referred to in subparagraph (d)(ii)(K) of Article 18.2; and
13. Advisory and other auxiliary financial services relating to banking and other financial
services, as referred to in subparagraph (d)(ii)(L) of Article 18.2, excluding intermediation referred
to in that subparagraph.
In LV:
1. Participation in issues of all kinds of securities, including underwriting and placement as
agent, whether publicly or privately, and supply of services related to such issues;
& /en 16
2. The provision and transfer of financial information, and financial data processing and related
software, as referred to in subparagraph (d)(ii)(K) of Article 18.2; and
3. Advisory and other auxiliary financial services relating to banking and other financial
services, as referred to in subparagraph (d)(ii)(L) of Article 18.2, excluding intermediation referred
to in that subparagraph.
In MT:
1. Acceptance of deposits;
2. Lending of all types;
3. The provision and transfer of financial information, and financial data processing and related
software, as referred to in subparagraph (d)(ii)(K) of Article 18.2; and
4. Advisory and other auxiliary financial services relating to banking and other financial
services, as referred to in subparagraph (d)(ii)(L) of Article 18.2, excluding intermediation referred
to in that subparagraph.
& /en 17
In RO:
1. Acceptance of deposits;
2. Lending of all types;
3. Guarantees and commitments;
4. Money broking;
5. The provision and transfer of financial information, and financial data processing and related
software, as referred to in subparagraph (d)(ii)(K) of Article 18.2; and
6. Advisory, and other auxiliary financial services relating to banking and other financial
services, as referred to in subparagraph (d)(ii)(L) of Article 18.2, excluding intermediation referred
to in that subparagraph.
In SI:
1. Lending of all types;
& /en 18
2. Acceptance of guarantees and commitments from foreign credit institutions by domestic legal
entities and sole proprietors;
3. The provision and transfer of financial information, and financial data processing and related
software, as referred to in subparagraph (d)(ii)(K) of Article 18.2; and
4. Advisory and other auxiliary financial services relating to banking and other financial
services, as referred to in subparagraph (d)(ii)(L) of Article 18.2, excluding intermediation referred
to] in that subparagraph.
SECTION B
MARKET ACCESS COMMITMENTS WITH RESPECT TO
INVESTMENT LIBERALISATION
1. The following subsectors and activities are committed with respect to investment
liberalisation:
In EU: All financial services.
& /en 19
2. The following non-discriminatory limitations apply with respect to investment liberalisation –
Market access:
All financial services
In EU: The right to require a financial service supplier, other than a branch, when establishing in a
Member State to adopt a specific legal form, on a non-discriminatory basis.
Insurance and insurance-related services
In AT: In order to obtain a licence to open a branch office, foreign insurers shall have a legal form
corresponding or comparable to a joint stock company or a mutual insurance association in their
home country.
Banking and other financial services
In RO: Market operators are juridical persons set up as joint stock companies according to the
provisions of the Company law. Alternative trading systems (Multilateral trading facility, MTF)
pursuant to Directive 2014/65/EU of the European Parliament and of the Council1 (MiFID II
Directive) can be managed by a system operator set up under the conditions described above or by
an investment firm authorised by ASF (Autoritatea de Supraveghere Financiară – Financial
Supervisory Authority).
1 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on
markets in financial instruments and amending Directive 2002/92/EC and
Directive 2011/61/EU (OJ EU L 173, 12.6.2014, p. 349).
& /en 20
In SI: A pension scheme may be provided by a mutual pension fund (which is not a legal entity and
is therefore managed by an insurance company, a bank or a pension company), a pension company
or an insurance company. Additionally, a pension scheme may also be offered by pension scheme
providers established in accordance with the regulations applicable in a Member State.
In SK: Investment services can only be provided by management companies which have the legal
form of a joint-stock company with equity capital according to its law.
In SE: A founder of a savings bank shall be a natural person.
SECTION C
EXISTING MEASURES
Reservation No 1: Sub-sector: Insurance and insurance-related services
Type of reservation: National treatment
Most-favoured-nation treatment
Local presence
Level of government: EU/Member State (unless otherwise specified)
& /en 21
Description:
With respect to Investment liberalisation – National treatment and Most-favoured-nation treatment:
In IT: Access to the actuarial profession through natural persons only. Professional associations (no
incorporation) among natural persons permitted. European Union nationality is required for the
practice of the actuarial profession, except for foreign professionals who may be allowed to practice
based on reciprocity.
Measures:
IT: Article 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005);
and Law 194/1942, Article 4, Law 4/1999 on the register.
With respect to Investment liberalisation – National treatment and Cross-border trade in financial
services – Local presence:
In BG: Pension insurance shall be carried out as a joint-stock company licensed in accordance with
the Code of Social Insurance and registered under the Commerce Act or under the legislation of
another Member State (no branches).
In BG, ES, PL and PT: Direct branching is not permitted for insurance intermediation, which is
reserved to companies formed in accordance with the law of a Member State (local incorporation is
required). For PL, residency requirement for insurance intermediaries.
& /en 22
With respect to Investment liberalisation – National treatment:
In PL: For pension funds. Direct branching is not permitted for insurance intermediation, which is
reserved to companies formed in accordance with the law of a Member State (local incorporation is
required).
Measures:
BG: Insurance Code, Articles 12, 56-63, 65, 66 and 80 paragraph 4, Social Insurance Code
Art. 120a–162, Art. 209–253, Art. 260–310.
ES: Reglamento de Ordenación, Supervisión y Solvencia de Entidades Aseguradoras y
Reaseguradoras (RD 1060/2015, de 20 de noviembre de 2015), Article 36.
PL: Act on insurance and reinsurance activity of 11 September 2015 (Journal of Laws of 2020,
item 895 and 1180); Act on insurance distribution of 15 December 2017 (Journal of Laws 2019,
item 1881); Act on the organization and operation of pension funds of 28 August 1997 (Journal of
Laws of 2020, item 105); Act of 6 March 2018 on rules regarding economic activity of foreign
entrepreneurs and other foreign persons in the territory of PL.
& /en 23
PT: Article 7 of Decree-Law 94-B/98 revoked by Decree-Law 2/2009, January 5th; and chapter I,
Section VI of Decree-Law 94-B/98, Articles 34, nr. 6, 7, and Article 7 of Decree-Law 144/2006,
revoked by Law 7/2019, January 16th. Article 8 of the legal regime governing the business of
insurance and reinsurance distribution, approved by Law 7/2019, of January 16th.
With respect to Investment liberalisation – National treatment:
In AT: The management of a branch office shall consist of at least two natural persons resident in
AT.
In BG: Residency requirement for the members of managing and supervisory body of (re)insurance
undertakings and every person authorised to manage or represent the (re)insurance undertaking.
The chairperson of the management board, the chairperson of the board of directors, the executive
director and the managerial agent of pension insurance companies shall have a permanent address
or hold a durable residence permit in Bulgaria.
Measures:
AT: Insurance Supervision Act 2016, Article 14 para. 1 no. 3, Federal Law Gazette I No. 34/2015
(Versicherungsaufsichtsgesetz 2016, § 14 Abs. 1 Z 3, BGBl. I Nr. 34/2015).
BG: Insurance Code, Articles 12, 56-63, 65, 66 and 80 paragraph 4, Social Insurance Code,
Art. 120a–162, Art. 209–253, Art. 260–310.
& /en 24
With respect to Investment liberalisation – National treatment:
In BG: Before establishing a branch or agency to provide insurance, a foreign insurer or reinsurer
must have been authorised to operate in its country of origin in the same classes of insurance as
those it wishes to provide in BG.
The income of the supplementary voluntary pension funds, as well as similar income directly
connected with voluntary pension insurance, carried out by persons who are registered under the
legislation of another Member State and who may, in compliance with the legislation concerned,
perform voluntary pension insurance operations, shall not be taxable according to the procedure
established by the Corporate Income Tax Act.
In ES: Before establishing a branch or agency in ES in order to provide certain classes of insurance,
a foreign insurer must have been authorised to operate in the same classes of insurance in its
country of origin for at least five years.
In PT: In order to establish a branch or agency, foreign insurance undertakings must have been
authorised to carry out the business of insurance or reinsurance, according to the relevant national
law for at least five years.
& /en 25
Measures:
BG: Insurance Code, Articles 12, 56-63, 65, 66 and 80 paragraph 4, Social Insurance Code,
Art. 120a–162, Art. 209–253, Art. 260–310.
ES: Reglamento de Ordenación, Supervisión y Solvencia de Entidades Aseguradoras y
Reaseguradoras (RD 1060/2015, de 20 de noviembre de 2015), Article 36.
PT: Article 7 of Decree-Law 94-B/98 and Chapter I, Section VI of Decree-Law 94-B/98,
Articles 34, nr. 6, 7, and Article 7 of Decree-Law 144/2006; Article 215 of legal regime governing
the taking up and pursuit of the business of insurance and reinsurance, approved by Law 147/2005,
of September 9th.
With respect to Investment – National treatment and Cross-border trade in financial services –
National treatment:
In AT: Promotional activity and intermediation on behalf of a subsidiary not established in the
European Union or of a branch not established in AT (except for reinsurance and retrocession) are
prohibited.
& /en 26
With respect to Cross-border trade in financial services – Local presence:
In DK: A person or company (including insurance companies) shall not, for business purposes,
assist in effecting direct insurance for persons resident in DK, for Danish ships or for property in
DK, other than insurance companies licensed by Danish law or by Danish competent authorities.
In DE, HU and LT: The supply of direct insurance services by insurance companies not
incorporated in the European Union requires the setting up and authorisation of a branch.
With respect to Cross-border trade in financial services – National treatment, Local presence:
In EL: Insurance and reinsurance undertakings with head offices in third countries may operate in
Greece via establishing a subsidiary or a branch, where branch in this case does not take any
specific legal form, as it means a permanent presence in the territory of a Member State (ie. EL) of
an undertaking with head office outside the European Union, which receives authorisation in that
Member State (EL) and which pursues insurance business.
In SE: The supply of direct insurance by a foreign insurer is allowed only through the mediation of
an insurance service supplier authorised in SE, provided that the foreign insurer and the Swedish
insurance company belong to the same group of companies or have an agreement of cooperation
between them.
In SE: The provision of insurance intermediation services by undertakings not incorporated in the
EEA requires the establishment of a commercial presence (local presence requirement).
& /en 27
In SK: Air and maritime transport insurance, covering the aircraft/vessel and responsibility, can be
underwritten only by insurance companies established in the European Union or by the branch
office of the insurance companies not established in the European Union authorised in the SK.
Measures
AT: Insurance Supervision Act 2016, Article 13 para. 1 and 2, Federal Law Gazette I No. 34/2015
(Versicherungsaufsichtsgesetz 2016, § 13 Abs. 1 und 2, BGBl. I Nr. 34/2015).
DE: Versicherungsaufsichtsgesetz (VAG) for all insurance services; in connection with
Luftverkehrs-Zulassungs-Ordnung (LuftVZO) only for compulsory air liability insurance.
DK: Lov om finansiel virksomhed jf. lovbekendtgørelse 182 af 18. februar 2015.
EL: Art. 130 of the Law 4364/ 2016 (Gov. Gazette 13/ A/ 05.02.2016).
HU: Act LX of 2003LT: Law on Insurance, 18 of September, 2003 m. Nr. IX-1737, last
amendment 13 of June 2019 Nr. XIII-2232.
SE: Lag om försäkringsdistribution (Insurance Distribution Mediation Act) (Chapter 3, section 3,
2018:1219); and Foreign Insurers Business in Sweden Act (Chapter 4, section 1 and 10, 1998:293).
SK: Act 39/2015 on insurance.
& /en 28
Reservation No 2: Sub-sector: Banking and other financial services
Type of reservation: National treatment
Local presence
Level of government: EU/Member State (unless otherwise specified)
Description:
With respect to Investment liberalisation – National treatment and Cross-border trade in financial
services – Local presence:
In BG: For pursuing the activities of lending with funds which are not raised through taking of
deposits or other repayable funds, acquiring holdings in a credit institution or another financial
institution, financial leasing, guarantee transactions, acquisition of claims on loans and other forms
of financing (factoring, forfeiting, etc.), non-bank financial institutions are subject to registration
regime with the Bulgarian National Bank. The financial institution shall have its main business in
the territory of BG.
& /en 29
With respect to Investment liberalisation – National treatment and Cross-border trade in financial
services – Local presence:
In BG: Non-EEA banks may pursue banking activity in BG after obtaining a license from the
Bulgarian National Bank for taking up and pursuing of business activities in the BG through a
branch.
In IT: In order to be authorised to operate the securities settlement system or to provide central
securities depository services with an establishment in IT, a company is required to be incorporated
in Italy (no branches).
In the case of collective investment schemes other than undertakings for collective investment in
transferable securities ("UCITS") harmonised under the European Union legislation, the trustee or
depository is required to be established in IT or in another Member State and have a branch in IT.
Management enterprises of investment funds not harmonised under the European Union legislation
are also required to be incorporated in IT (no branches).
Only banks, insurance enterprises, investment firms and enterprises managing UCITS harmonised
under the European Union legislation having their legal head office in the European Union, as well
as UCITS incorporated in IT, may carry out the activity of pension fund resource management.
In providing the activity of door-to-door selling, intermediaries must utilise authorised financial
salesmen resident within the territory of a Member State.
& /en 30
Representative offices of non-European Union intermediaries cannot carry out activities aimed at
providing investment services, including trading for own account and for the account of customers,
placement and underwriting financial instruments (branch required).
With respect to Investment liberalisation – National treatment:
In PT: Pension fund management may be provided only by specialised companies incorporated in
PT for that purpose and by insurance companies established in PT and authorised to take up life
insurance business, or by entities authorised to provide pension fund management in other Member
States. Direct branching from non-European Union countries is not permitted.
Measures:
BG: Law on Credit Institutions, Articles 2, paragraph 5, 3a and 17; Code Of Social Insurance,
Articles 121, 121b, 121f; and Currency Law, Article 3.
IT: Legislative Decree 58/1998, Articles 1, 19, 28, 30-33, 38, 69 and 80; Joint Regulation of Bank
of Italy and Consob 22.2.1998, Articles 3 and 41; Regulation of Bank of Italy 25.1.2005; Title V,
Chapter VII, Section II, Consob Regulation 16190 of 29.10.2007, Articles 17-21, 78-81, 91-111;
and subject to: Regulation (EU) No 909/2014 of the European Parliament and of the Council1.
1 Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014
on improving securities settlement in the European Union and on central securities
depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation
(EU) No 236/2012 (OJ EU L 257 28.8.2014, p. 1).
& /en 31
PT: Decree-Law 12/2006, as amended by Decree-Law 180/2007 Decree-Law 357-A/2007,
Regulation 7/2007-R, as amended by Regulation 2/2008-R, Regulation 19/2008-R,
Regulation 8/2009; and Article 3 of the legal regime governing the establishment and functioning of
pension funds and their management entities approved by Law 27/2020, of July 23rd.
With respect to Investment liberalisation – National treatment:
In HU: Branches of non-EEA investment fund management companies may not engage in the
management of European Union investment funds and may not provide asset management services
to private pension funds.
Measures:
HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; Act CCXXXVII
of 2013 on Credit Institutions and Financial Enterprises; and Act CXX of 2001 on the Capital
Market.
With respect to Investment liberalisation – National treatment:
In BG: А bank shall be managed and represented jointly by at least two persons. The persons who
manage and represent the bank shall be personally present at its management address. Juridical
persons may not be elected members of the managing board or the board of directors of a bank.
& /en 32
Measures:
BG: Law on Credit Institutions, Article 10; Code Of Social Insurance, Article 121e; and Currency
Law, Article 3.
With respect to Investment liberalisation – National treatment:
In HU: The board of directors of a credit institution shall have at least two members recognised as
resident according to foreign exchange regulations and having had prior permanent residence in HU
for at least one year.
Measures:
HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; Act CCXXXVII
of 2013 on Credit Institutions and Financial Enterprises; and Act CXX of 2001 on the Capital
Market.
With respect to cross-border trade in financial services – local presence:
In HU: Non-EEA companies may provide financial services or engage in activities auxiliary to
financial services solely through a branch in HU.
& /en 33
Measures:
HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; Act CCXXXVII
of 2013 on Credit Institutions and Financial Enterprises; and Act CXX of 2001 on the Capital
Market.
SECTION D
FUTURE MEASURES
Reservation No 1: Sub-sector: Insurance and insurance-related services
Type of reservation: National treatment
Local presence
Level of government: EU/Member State (unless otherwise specified)
& /en 34
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
With respect to Cross-border trade in financial services – Local presence:
In BG: Transport insurance, covering goods, insurance of vehicles as such and liability insurance
regarding risks located in Bulgaria may not be underwritten by foreign insurance companies
directly.
In DE: If a foreign insurance company has established a branch in Germany, it may conclude
insurance contracts in Germany relating to international transport only through the branch
established in Germany.
Existing measures:
DE: Luftverkehrsgesetz (LuftVG); and Luftverkehrszulassungsordnung (LuftVZO).
With respect to Investment liberalisation – National treatment and Cross-border trade in financial
services – Local presence:
In ES: Residence is required, or alternatively to have two years of experience, for the actuarial
profession.
& /en 35
In FI: The supply of insurance broker services is subject to a permanent place of business in the
European Union.
Only insurers having their head office in the European Union or having their branch in Finland may
offer direct insurance services, including co-insurance.
Existing measures:
FI: Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995);
Vakuutusyhtiölaki (Insurance Companies Act) (521/2008);
Laki vakuutusten tarjoamisesta (Act on Insurance Distribution) (234/2018).
With respect to Cross-border trade in financial services – Local presence:
In FR: Insurance of risks relating to ground transport may be underwritten only by insurance firms
established in the European Union.
Existing measures:
FR: Code des assurances.
In HU: Only legal persons of the European Union and branches registered in Hungary may supply
direct insurance services.
& /en 36
Existing measures:
HU: Act LX of 2003.
In IT: Transport insurance of goods, insurance of vehicles and liability insurance regarding risks
located in Italy may be underwritten only by insurance companies established in the European
Union, except for international transport involving imports into Italy.
Cross-border supply of actuarial services is not allowed.
Existing measures:
IT: Article 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005).
With respect to Investment liberalisation – National treatment and Cross-border trade in financial
services – Local presence:
In PT: Air and maritime transport insurance, covering goods, aircraft, hull and liability can be
underwritten only by enterprises legal persons of the European Union. Only natural persons of, or
enterprises established in, the European Union may act as intermediaries for such insurance
business in PT.
Existing measures:
PT: Article 3 of Law 147/2015, Article 8 of Law 7/2019.
& /en 37
With respect to Investment liberalisation – National treatment and Cross-border trade in services –
Local presence:
In SK: Foreign nationals may establish an insurance company in the form of a joint stock company
or may conduct insurance business through their branches having a registered office in the Slovak
Republic. The authorisation in both cases is subject to the evaluation of the supervisory authority.
Existing measures:
SK: Act 39/2015 on Insurance.
With respect to Investment liberalisation – National treatment:
In FI: At least one half of the members of the board of directors and the supervisory board, and the
managing director of an insurance company providing statutory pension insurance shall have their
place of residence in the EEA, unless the competent authorities have granted an exemption. Foreign
insurers cannot obtain a licence in FI as a branch to carry out statutory pension insurance. At least
one auditor shall have their permanent residence in the EEA.
For other insurance companies, residency in the EEA is required for at least one member of the
board of directors, the supervisory board and the managing director. At least one auditor shall have
their permanent residence in the EEA. The general agent of an insurance company of Chile must
have their place of residence in Finland, unless the company has its head office in the European
Union.
& /en 38
Existing measures:
FI: Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995);
Vakuutusyhtiölaki (Insurance Companies Act) (521/2008);
Laki vakuutusedustuksesta (Act on Insurance Mediation) (570/2005);
Laki vakuutusten tarjoamisesta (Act on Insurance Distribution) (234/2018) and
Laki työeläkevakuutusyhtiöistä (Act on Companies providing statutory pension
insurance) (354/1997).
& /en 39
Reservation No 2: Sub-sector: Banking and other Financial Services
Type of reservation: National treatment
Senior management and boards of directors
Local presence
Level of government: EU/Member State (unless otherwise specified)
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
With respect to Investment liberalisation – National treatment and cross-border trade in financial
services – Local presence:
In EU: Only juridical persons having their registered office in the European Union can act as
depositories of the assets of investment funds. The establishment of a specialised management
company, having its head office and registered office in the same Member State, is required to
perform the activities of management of common funds, including unit trusts, and where allowed
under national law, investment companies.
& /en 40
Existing measures:
EU: Directive 2009/65/EC of the European Parliament and of the Council1; and
Directive 2011/61/EU of the European Parliament and of the Council2.
With respect to Cross-border trade in financial services – Local presence:
In EE: For acceptance of deposits, requirement of authorisation by the Estonian Financial
Supervision Authority and registration under Estonian law as a joint-stock company, a subsidiary or
a branch.
Existing measures:
EE: Krediidiasutuste seadus (Credit Institutions Act) § 206 and §21.
1 Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the
coordination of laws, regulations and administrative provisions relating to undertakings for
collective investment in transferable securities (UCITS) (OJ EU L 302, 17.11.2009, p. 32).
2 Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on
Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC
and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ EU L 174, 1.7.2011, p. 1).
& /en 41
With respect to Investment liberalisation – National treatment, senior management and board of
directors:
In FI: At least one of the founders of a credit institution and at least one of the members of its board
of directors as well as its managing director shall be permanently resident or, if the founder is a
juridical person, have its registered office in the EEA unless the Financial Supervision Authority
grants an exemption therefrom. The exemption may be granted if it does not endanger the efficient
supervision of the credit institution and the management of the credit institution in accordance with
sound and prudent business principles. At least one auditor shall have their permanent residence in
the EEA.
For payment services, residency or domicile in Finland may be required.
Existing measures:
FI: Laki liikepankeista ja muista osakeyhtiömuotoisista luottolaitoksista (Act on Commercial
Banks and Other Credit Institutions in the Form of a Limited Company) (1501/2001);
Säästöpankkilaki (1502/2001) (Savings Bank Act); Laki osuuspankeista ja muista
osuuskuntamuotoisista luottolaitoksista (423/2013) (Act on Cooperative Banks and Other Credit
Institutions in the Form of a Cooperative Bank); Laki hypoteekkiyhdistyksistä (936/1978) (Act on
Mortgage Societies); Maksulaitoslaki (297/2010) (Act on Payment Institutions); Laki ulkomaisen
maksulaitoksen toiminnasta Suomessa (298/2010) (Act on the Operation of Foreign Payment
Institution in Finland); and Laki luottolaitostoiminnasta (Act on Credit Institutions) (610/2014).
& /en 42
With respect to Investment liberalisation – National treatment:
In IT: Services of "consulenti finanziari" (financial consultant). In providing the activity of door-to-
door selling, intermediaries shall utilise authorised financial salesmen resident within the territory
of a Member State.
Existing measures:
IT: Articles 91-111 of Consob Regulation on Intermediaries (no. 16190 of 29 October 2007).
With respect to Cross-border trade in financial services – Local presence:
In LT: Only banks having their registered office or branch in LT and authorised to provide
investment services in the EEA may act as the depositories of the assets of pension funds. At least
one head of a bank's administration must speak the Lithuanian language.
Existing measures:
LT: Law on Banks of the Republic of Lithuania of 30 March 2004 No IX-2085, as amended by the
Law No XIII-729 of 16 November 2017; Law on Collective Investment Undertakings of the
Republic of Lithuania of 4 July 2003 No IX-1709, as amended by the Law No XIII-1872
of 20 December 2018; Law on Supplementary Voluntary Pension Accumulation of the Republic of
Lithuania of 3 June 1999 No VIII-1212 (as revised in Law No XII-70 of 20 December 2012); Law
on Payments of the Republic of Lithuania of 5 June 2003 No. IX-1596, last amendment 17
of October 2019 Nr. XIII-2488; and Law on Payment Institutions of the Republic of Lithuania
of 10 December 2009 No. XI-549 (new version of the Law: No XIII-1093 of 17 April 2018).
& /en 43
Appendix 18-2
CHILE: RESERVATIONS AND MARKET ACCESS COMMITMENTS
SECTION A
COMMITMENTS FOR CROSS-BORDER TRADE IN FINANCIAL SERVICES
Chile reserves the right to adopt or maintain any measure with respect to Article 18.7, except for the
following subsectors and financial services defined in accordance with the relevant Chilean laws
and regulations and subject to the terms, limitations and conditions specified below.
It is understood that the commitments of a Party on cross-border investment advisory services shall
not, in and of themselves, be construed as requiring that Party to permit the public offering of
securities (as defined under its relevant laws and regulations) in its territory by cross-border
suppliers of the other Party who supply or seek to supply such investment advisory services. A
Party may subject the services of the cross-border supplier to regulatory and registration
requirements, including the requirement to provide the same category of services in the country of
origin and to be supervised in their country of origin.
& /en 44
Sector Subsector
Insurance and Sale of insurance for international maritime transport, international
insurance-related commercial aviation and space launching and freight (including satellites)
services and goods in international transit (includes goods transported). Does not
include national transport "cabotage".
Brokers of insurance for international maritime transport, international
commercial aviation and space launching and freight (including satellites)
and goods in international transit (includes the goods being transported, the
vehicle transporting the goods and any civil responsibility deriving
therefrom). Does not include national transport "cabotage".
Reinsurance and retrocession; reinsurance brokerage; and consultancy,
actuarial and risk assessment services.
Banking and other Provision and transfer of financial information, and financial data
financial services processing and related software by suppliers, of other financial services.
(excluding
Advisory and other auxiliary financial services, excluding intermediation
insurance)
and credit reference and analysis, relating to banking and other financial
services.
& /en 45
SECTION B
MARKET ACCESS COMMITMENTS WITH RESPECT TO INVESTMENT LIBERALISATION
Chile reserves the right to adopt or maintain any measure with respect to Article 18.6, except for the
following subsectors and financial services defined in accordance with the relevant Chilean laws
and regulations and subject to the terms, limitations and conditions specified below:
1. The Chilean financial services sector is partially compartmentalised, that is to say the
institutions, domestic and foreign, authorised to operate as banks may not participate directly in the
insurance and securities business and vice versa.
2. Chile reserves the right to adopt measures to regulate financial conglomerates, including the
entities forming part of such conglomerates.
Sector or
Limitations on market access
subsector
All financial Chile may, on a non-discriminatory basis, restrict or require a specific type of
Services legal entity, including corporations, foreign branches, representative offices or
any other form of commercial presence, through which entities operating in all
financial services subsectors may supply financial services.
Chile may, on a non-discriminatory basis, restrict or require a specific type of
corporation.
& /en 46
Sector or
Limitations on market access
subsector
All insurance In Chile, the insurance business is divided into two groups: the first group
and insurance- comprises companies that insure goods or property (patrimonio) against the risk
related services of loss or damage, while the second comprises those that cover personal risks or
guarantee, within or at the end of a certain term, a capital sum, a paid-up policy
or an income for the insured or their beneficiaries. The same insurance company
may not be constituted in such a way as to cover both categories of risk.
Credit insurance companies must be constituted as legal entities with the sole
purpose of covering this type of risk, for example, loss of or damage to the
patrimony of the insured as a result of the non-payment of a money debt or loan,
being also permitted to cover guarantee and fidelity risks.
Insurance corporations can be legally constituted only in accordance with the
provisions of the "Law on corporations (ley sobre sociedades anónimas)".
Branches of foreign companies that may operate in the Chilean insurance sector
should be established in Chile as a "foreign corporation agency (agencia de
sociedad anónima extranjera)" authorised for such purposes.
Insurance may be taken out directly or through registered insurance brokers
who, to engage in that activity, must be enrolled in the registry.
& /en 47
Sector or
Limitations on market access
subsector
Direct insurance Sale of direct life insurance (does not Insurance services can be provided
include insurance related to the social only by insurance companies
security system) (CPC 81211). constituted in Chile as corporations
(sociedades anónimas) or as
branches of foreign corporations with
the sole purpose of developing this
line of business.
Sale of direct general insurance Insurance services can be provided
(CPC 8129, except for CPC 81299) only by insurance companies
excluding social security health constituted in Chile as corporations
institutions (Instituciones de Salud (sociedades anónimas) or as
Previsional, ISAPRES) , for example branches of foreign corporations with
juridical persons set up for the purpose the sole purpose of developing this
of providing health benefits to natural line of business, either direct life
persons who opt to become members insurance or direct general insurance.
and are financed via mandatory In the case of general credit
contributions of taxable income or a insurance (CPC 81296), the
higher amount, as the case may be. It enterprise must be established as an
also excludes the National Health Fund insurance corporation established in
(Fondo Nacional de Salud, FONASA), a Chile with the sole purpose of
public agency financed by the covering this type of risk.
government and via mandatory
contributions of taxable income, which
is responsible for paying health benefits
for individuals that are not members of
an ISAPRE. Does not include the sale
of insurance for international maritime
transport, international commercial
aviation and goods in international
transit.
& /en 48
Sector or
Limitations on market access
subsector
Sale of insurance for international Sale of insurance for international
maritime transport, international maritime transport, international
commercial aviation and space commercial aviation and space
launching and freight (including launching and freight (including
satellites) and goods in international satellites) and goods in international
transit (including goods transported). transit (including goods transported)
Does not include national transport may be offered by insurance
"cabotage"). corporations constituted in Chile
which have the sole purpose of
developing the business of direct
general insurance.
Reinsurance and Reinsurance and retrocession (includes Reinsurance is provided by
retrocession reinsurance brokers) reinsurance corporations established
in Chile and authorised by the CMF.
Insurance corporations may also
provide reinsurance services as a
complement to their insurance
business if their articles of
association so allow.
Reinsurance and retrocession
services may also be provided by
foreign reinsurers and foreign
reinsurance brokers enrolled in the
register maintained by the CMF ("the
Register").
& /en 49
Sector or
Limitations on market access
subsector
Insurance Brokerage of insurance (excluding Only juridical persons legally
intermediation insurance for international maritime constituted in Chile for this specific
transport, international commercial purpose may provide insurance
aviation and space launching and brokerage services.
freight, including satellites, and goods
in international transit).
Brokerage of insurance for international Brokers of insurance for
maritime transport, international international maritime transport,
commercial aviation and space international commercial aviation
launching and freight (including and space launching and freight
satellites) and goods in international (including satellites) and goods in
transit including the goods being international transit, must be
transported, the vehicle transporting the enrolled in the Register and fulfil
goods and any civil responsibility the requirements established by the
deriving therefrom). Does not include CMF. Only juridical persons legally
national transport "cabotage". constituted in Chile for this specific
purpose may provide this service.
Services Claim settlement services. Claim settlement services may be
auxiliary to offered directly by insurance
insurance such companies established in Chile or
as consultancy, by juridical persons constituted in
actuarial, risk Chile.
assessment and
Auxiliary insurance services (including Auxiliary insurance services may
claim settlement
only consultancy, actuarial services and only be provided by juridical
services
risk assessment). persons constituted in Chile.
& /en 50
Sector or
Limitations on market access
subsector
Administration of voluntary pension Unbound with respect to
savings plans (ahorro previsional subparagraph (e) of Article 18.6 (1).
voluntario) through life insurance. The voluntary pension savings plans
may only be offered by life
insurance companies established in
Chile in accordance with what is set
out above. Those plans and
associated policies must have prior
authorisation from the CMF.
Banking services Foreign banking institutions must be banking companies (sociedades bancarias)
legally constituted in their country of origin and must contribute the capital
required by Chilean law.
Foreign banking institutions may only operate:
through shareholdings in Chilean banks constituted as corporations (sociedades
anónimas) in Chile;
by becoming constituted as a corporation in Chile; or
as branches of foreign corporations constituted in Chile as a foreign corporation
agency (agencia de sociedad anónima extranjera), in which case the legal
personality in the country of origin is recognized. For the purposes of foreign
bank branch operations in Chile, the capital effectively invested in Chile is
considered, and not that of the main office. The increases of capital or reserves
that do not come from capitalization of other reserves, will have the same
treatment as the initial capital and reserves. In the transactions between a branch
and its main office abroad, both will be considered as independent entities.
& /en 51
Sector or
Limitations on market access
subsector
No national or foreign natural or juridical person may acquire directly or
through third parties shares in a bank which, alone or added to the shares such a
person already possesses, represent more than 10 % of the bank's capital without
having first obtained the authorisation of the CMF.
In addition, the partners or shareholders of a financial institution may not
transfer a percentage of rights or shares in their company in excess of 10 %
without having obtained authorisation from the CMF.
Banking institutions must be established as corporations (sociedades anónimas)
or as branches, under Chilean laws and regulations, in conformity with the
General Banking Law (DFL N°3) and with Sociedades Anónimas Law (Ley
N°18.046), related to the establishment of a foreign corporation agency. The
capital and the reserves that foreign banks assign to their branches, must be
effectively transferred and converted into domestic currency in conformity with
any of the systems authorized by law or by the Banco Central de Chile. The
increases of capital or reserves that do not come from capitalization of other
reserves, will have the same treatment as the initial capital and reserves. In the
transactions between a branch and its main office abroad, both will be
considered as independent entities. No foreign bank will be able to invoke rights
derived from its nationality regarding transactions that its branch may carry out
in Chile.
The supply of financial services that complement core banking services may be
provided directly by those institutions, following prior authorisation, or through
incorporated subsidiaries, which CMF shall determine.
& /en 52
Sector or
Limitations on market access
subsector
Acceptance of Acceptance of deposits (only Only banks established in Chile in
deposits and current bank accounts (cuentas accordance with the above provisions.
other repayable corrientes bancarias), sight
funds from the deposits, time deposits savings
public accounts, financial instruments
with repurchase agreements, and
warranty
deposits or surety bonds).
Purchase of publicly-offered
securities (only purchase of
bonds, purchase of letters of
credit, subscription and
placement as agents of shares,
bonds and letters of credit
(underwriting)).
Securities custody.
& /en 53
Sector or
Limitations on market access
subsector
Lending of all Credit granting (including only Only banks established in Chile in
types, including ordinary loans, consumer credit, accordance with the above provisions.
consumer credit, loans in letters of credit,
mortgage credit, mortgage loans, mortgage loans
factoring and in letters of credit, purchase of
financing of financial instruments with resale
commercial agreements, credit for issue of
transaction bank surety bonds or other types
of financing, issue and
negotiation of letters of credit for
imports and exports and issue
and confirmation of stand-by
letters of credit).
Factoring. Unbound with respect to subparagraph (e) of
Article 18.6 (1).
Factoring services are regarded as
complementary banking services and are
therefore subject to authorisation by the
CMF. CMF may impose more stringent non-
discriminatory requirements.
Securitisation. Securitisation services are regarded as
complementary banking services.
& /en 54
Sector or
Limitations on market access
subsector
Financial leasing Financial leasing (CPC 81120) Financial leasing services are considered as
(these companies may offer complementary banking services and can be
leasing contracts for goods provided by banks or through incorporated
acquired at the client's request, subsidiaries expressly authorised for those
i.e. they cannot acquire goods in purposes. CMF may impose more stringent
order to stock them and offer non-discriminatory requirements.
them for leasing).
All payments Issue and operation of credit and Only banks established in Chile in
and money debit cards (CPC 81133) accordance with the above provisions.
transmission (includes only credit cards issued
services, in Chile).
including credit, Travellers' cheques.
charge and
debits cards, Transfer of funds (bank drafts).
travellers Discounting or acquisition of
cheques and bills of exchange and promissory
bankers draft notes.
Guarantees and Endorsement and guarantee of Only banks established in Chile in
commitments third-party liabilities in Chilean accordance with the above provisions.
currency and foreign currency.
& /en 55
Sector or
Limitations on market access
subsector
Trading for own Intermediation of publicly Intermediation of publicly offered securities
account or for offered securities (CPC 81321) is considered as complementary banking
account of services and can be provided by banks
customers, through subsidiaries incorporated in Chile,
whether on an security agents or stockbrokers, expressly
exchange, in an authorised.
over-the-counter
market or
otherwise
Other financial Advisory and other auxiliary None.
services financial services (CPC 8133)
(includes only services indicated
in the banking subsector in this
section).
& /en 56
Sector or
Limitations on market access
subsector
Other financial Voluntary pension savings plans Unbound with respect to subparagraph (e) of
services (Planes de Ahorro Previsional Article 18.6(1).
Voluntario). Voluntary savings plans may only be offered
by banks established in Chile under one of
the arrangements previously mentioned.
Trust management operations Only banks established in Chile in
(administración de accordance with the above provisions.
fideicomisos).
Provision and transfer of None.
financial information and
financial data processing and
related software by suppliers of
other financial services.
Exchange market operations Only banks, juridical persons, stockbrokers
carried out according to the and securities agents, all of which must be
regulation issued or to be issued established in Chile as legal entities, can
by the Central Bank of Chile. operate in the formal exchange market.
Juridical persons, stockbrokers and
securities agents require prior authorisation
from the Central Bank of Chile (Banco
Central de Chile) to operate in the formal
exchange market.
& /en 57
Sector or
Limitations on market access
subsector
Other financial 1. Publicly offered securities may be traded by juridical persons whose sole
services / purpose is securities brokerage, either as members of a stock exchange
securities (stockbrokers) or outside the stock exchange (securities agents), and they
services must be registered with the CMF. However, only stockbrokers may trade
shares or their derivatives (subscription options) on the stock exchange. Non-
share securities may be traded by stockbrokers or securities agents registered.
2. Publicly offered securities risk rating services are provided by rating agencies
constituted for the sole purpose of rating publicly offered securities, and they
must be enrolled in the Registro de Entidades Clasificadoras de Riesgo
(Register of Risk Rating Agencies) maintained by the CMF. They are
inspected and controlled by the CMF. On the other hand, the inspection of
rating agencies with respect to the rating of securities issued by banks and
financial companies is the responsibility of the CMF.
3. Only banks, juridical persons, stockbrokers and securities agents, all of
which must be established in Chile as legal entities, can operate in the formal
exchange market. Juridical persons, stockbrokers and securities agents
require prior authorisation from the Central Bank of Chile (Banco Central de
Chile) to operate in the formal exchange market.
4. In order to trade on the stock exchange, intermediaries (stockbrokers) must
be constituted as juridical persons in Chile. They must acquire a share in their
respective stock exchange and be accepted as members of this exchange.
Subsector Limitations on market access
Intermediation of publicly Brokerage activities must be supplied
offered securities, except shares through a juridical person constituted in
(CPC 81321). Chile. CMF may require more stringent non-
discriminatory requirements.
Subscription and placement as
agents (underwriting).
& /en 58
Sector or
Limitations on market access
subsector
Intermediation of publicly In order to trade on the stock exchange,
offered shares of corporations intermediaries (stockbrokers) must be
(CPC 81321) (includes constituted as a juridical person in Chile.
subscription and placement as They must acquire a share in the respective
agents, underwriting). stock exchange and be accepted as members
of this exchange. CMF may impose more
stringent non-discriminatory requirements.
Operations in stock exchange In order to trade on the stock exchange,
derivatives authorised by the intermediaries (stockbrokers) must be
CMF (includes only dollar and constituted as juridical persons in Chile.
interest rate futures, and options They must acquire a share in their respective
on shares. Shares must fulfil the stock exchange and be accepted as members
requirements established by the of this exchange. CMF may impose more
respective clearing house, stringent non-discriminatory requirements.
Cámara de Compensación).
Trading in metals on the stock Trading in gold and silver may be carried
exchange (includes only gold out by stockbrokers on their own account
and silver). and for third parties in the stock exchange in
accordance with stock exchange regulations.
In order to trade on the stock exchange,
intermediaries (stockbrokers) must be
constituted as juridical persons in Chile.
They must acquire a share in their respective
stock exchange and be accepted as members
of this exchange. CMF may impose more
stringent non-discriminatory requirements.
& /en 59
Sector or
Limitations on market access
subsector
Securities risk rating (relates They must be established in Chile as a
solely to rating or giving an partnership (sociedad de personas). One of
opinion on publicly offered the specific requirements to be fulfilled is
securities). that not less than 60 % of the company's
capital must be held by the principal partners
(natural or juridical persons in this line of
business holding a minimum of 5 % of the
membership rights in the rating agency).
Securities custody undertaken by For securities custody, intermediaries
securities intermediaries (stockbrokers and agents) must be
(CPC 81319) (does not include constituted in Chile as a juridical person.
the services offered by suppliers Securities custody may be undertaken by
who combine custody, securities securities intermediaries (stockbrokers and
clearance and settlement securities agents) as an activity
(securities depositories, complementary to their sole purpose which
depósitos de valores)). is securities brokerage. It may also be
undertaken by entities that provide
depository and custodial services for
securities which should be constituted as
special corporations with the sole purpose of
receiving in deposit publicly offered
securities from entities authorised by law
and to facilitate operations for the transfer of
such securities (centralised securities
depositories, depósitos centralizados de
valores).
& /en 60
Sector or
Limitations on market access
subsector
Custody undertaken by entities Security deposit and custody entities must
for the deposit and custody of be constituted in Chile as corporations set up
securities. for that sole purpose.
Financial portfolio management Financial portfolio management services
supplied by security supplied by securities intermediaries
intermediaries (this does not, established as juridical persons in Chile.
under any circumstances, include CMF may impose more stringent non-
a General Management Fund discriminatory requirements.
(Administradora General de
Fondos), management of mutual
funds, foreign capital investment
funds, investment funds and
pension funds.
Financial advisory services Financial advisory services supplied by
supplied by securities securities intermediaries constituted as
intermediaries (CPC 81332) juridical persons in Chile. CMF may impose
(financial advice refers only to more stringent non-discriminatory
the securities services for which requirements.
market access commitments are Financial advisory services, which involve
undertaken). giving financial advice on financing
alternatives, investment appraisal,
investment possibilities and debt
rescheduling strategies may be undertaken
by securities intermediaries (stockbrokers
and securities agents) as an activity
complementary to their sole purpose.
& /en 61
Sector or
Limitations on market access
subsector
Management of funds of third The fund management service may be
parties performed by: carried out by corporations set up for that
sole purpose, constituted in Chile, with
(In no circumstances does this
authorisation from the CMF. Foreign capital
include management of pension
investment funds may also be managed by
funds and voluntary pension
investment funds management companies.
savings plans (planes de ahorro
previsional voluntario))
– mutual funds management
companies;
– investment funds
management companies;
– foreign capital investment
funds management
companies.
Management of voluntary Unbound with respect to subparagraph (e) of
pension savings plans (planes de Article 18.6(1). The voluntary savings plans
ahorro previsional voluntario). may only be offered by mutual funds and
investment funds managers established in
Chile in accordance with the terms set out
above. Those plans must have prior
authorisation from the CMF.
Service of clearing houses for Clearing houses for futures contracts and
derivatives (contracts for futures options on securities must be constituted in
and options on securities). Chile as corporations for that sole purpose
and with an authorisation from the CMF.
They may only be constituted by stock
exchanges and their stockbrokers.
& /en 62
Sector or
Limitations on market access
subsector
General deposit warehouses Only juridical persons duly constituted in
(warrants) (Corresponds to Chile who have the supply of warrant
merchandise warehousing services as their sole purpose.
services accompanied by the
issue of a deposit certificate and
a chattel mortgage receipt (vale
de prenda)).
Securities issue and registration None.
services (CPC 81332) (does not
include deposit and custody of
securities services).
Cattle and agricultural Entities must be established as special
commodities exchanges. Service purpose corporations (sociedades anónimas
of clearing houses of futures and especiales) under Chilean law.
options on cattle and agricultural
commodities.
Cattle and agricultural The activity of cattle and agricultural
commodities brokerage. commodities broker must be performed by
legal entities established under Chilean law.
Stock exchanges. Stock exchanges must be established as
special purpose corporations (sociedades
anónimas especiales) under Chilean law.
& /en 63
Sector or
Limitations on market access
subsector
Other financial Management of mortgage loans Mortgage loans management agencies must
services as established in Decreto con be established as corporations (sociedades
Fuerza de Ley N° 251, Ley de anónimas).
Seguros, Title V.
Other services Representative offices of foreign The CMF may authorize foreign banks to
related to banks as business agents (in no maintain representative offices acting as
financial case may these representations business agents for their main offices and
services carry out acts that are proper to shall exercise upon them the same
the banking business). inspection authority granted to the CMF by
the General Banking Law (Ley General de
Bancos) with respect to banks.
The authorisation given by the CMF to
representative offices is subject to
revocation if its maintenance is found to be
inconvenient, as expressed in the General
Banking Law (Ley General de Bancos).
& /en 64
HEADNOTES to SECTIONS C and D
1. Commitments in the financial services sector under Chapter 18 are undertaken subject to the
limitations and conditions set forth in these headnotes and the Schedule below.
2. Juridical persons supplying financial services and constituted under the laws and regulations
of Chile are subject to non-discriminatory limitations on legal form. For example, partnerships
(sociedades de personas) are generally not acceptable legal forms for financial institutions in Chile.
This headnote is not in and of itself intended to affect or otherwise limit a choice by a financial
institution of the European Union between branches and subsidiaries unless the laws and
regulations of Chile so provide.
& /en 65
SECTION C
EXISTING MEASURES
Sector: Financial Services
Sub-sector: Banking and other financial services
Obligations concerned: National treatment
Senior management and boards of directors
Level of government: Central
Measures:
Ley N° 18.045, Official Gazette of 22 October 1981, Ley de Mercado
de Valores, Titles VI and VII, Articles 24, 26 and 27.
Description: The directors, administrators, managers or legal representatives of
legal entities or natural persons performing the activities of
stockbroker and securities agent, must be Chileans or foreigners with
a permanent residence permit.
& /en 66
Sector: Financial Services
Sub-sector: Insurance and insurance-related services
Obligations concerned: National treatment
Level of government: Central
Measures: Decreto con Fuerza de Ley N° 251, Official Gazette of 22 May 1931,
Ley de Seguros, Title I, Article 16.
Description: Reinsurance brokerage can be performed by foreign reinsurance
brokers. These brokers shall be juridical persons, demonstrate that the
entity is legally organised in its country of origin and authorised to
intermediate risks ceded from abroad, and provide the date that such
authorisation was granted. Such entities shall designate a
representative in Chile to represent them with broad powers. The
representative may be subject to summons and must have residence in
Chile.
& /en 67
Sector: Financial Services
Sub-sector: Insurance and insurance-related services
Obligation concerned: National treatment
Senior management and board directors
Level of government: Central
Measure: Decreto con Fuerza de Ley 251, Official Gazette of 22 May 1931, Ley
de Seguros, Title III, Articles 58 and 62, Decreto Supremo N° 863 de
1989 del Ministerio de Hacienda, Official Gazette of 5 April 1990,
Reglamento de los Auxiliares del Comercio de Seguros, Title I,
Article 2, letter (c).
Description: Administrators and legal representatives of legal entities and natural
persons performing the activity of claim settlement and insurance
brokerage must be Chileans or foreigners with a permanent residence
permit.
& /en 1
Sector: Financial Services
Sub-Sector: Insurance and insurance-related services
Obligations concerned: National treatment
Level of government: Central
Measures: Decreto con Fuerza de Ley N° 251, Official Gazette of 22 May 1931,
Ley de Seguros, Title I, Article 20.
Description: In the case of the types of insurance covered in Decreto Ley 3.500,
involving the cession of reinsurance to foreign reinsurers, the
deduction for reinsurance cannot exceed 40 % of the total of the
technical reserves associated with those types of insurance or a higher
percentage if set by the Financial Market Commission (Comisión para
el Mercado Financiero).
& /en 2
Sector: Financial Services
Sub-sector: Insurance and insurance-related services
Obligations concerned: National treatment
Level of government: Central
Measures: Decreto con Fuerza de Ley Nº 251, Diario Oficial, May 22, 1931, Ley
de Seguros, Title I.
Description: The reinsurance activity may be provided by foreign entities
classified, according to risk rating agencies of international well-
known reputation as indicated by the Financial Market Commission
(Comisión para el Mercado Financiero), at least in the risk category
BBB or other equivalent to it. These entities shall have a
representative in Chile who will represent them with broad powers.
The representative may be subject to summons. Notwithstanding the
aforementioned, the designation of a representative will not be
necessary if a reinsurance broker, registered on the records of the
Commission, carries out the reinsurance operation. For all purposes,
especially for those relating to the application and performance in the
country of the reinsurance contract, this broker shall be considered the
legal representative of the reinsurers.
& /en 3
Sector: Financial Services
Sub-sector: Banking and other financial services
Obligations concerned: National treatment
Measures: Ley N° 18.045, Official Gazette of 22 October 1981, Ley de Mercado
de Valores, Titles VI and VII, Articles 24 and 26.
Description: Natural persons performing the activity of stockbroker and securities
agent in Chile must be Chileans or foreigners with a residence permit.
& /en 4
Sector: Financial Services
Subsector:
Obligations concerned: All
National treatment
Senior management and boards of directors
Performance requirements
Level of government: Central
Measures: D.F.L. 1 of the Ministry of Labour and Social Welfare, Official
Gazette, 24 January 1994, Labour Code, Preliminary Title, Book I,
Chapter III (D.F.L. 1 del Ministerio del Trabajo y Previsión Social,
Diario Oficial, enero 24, 1994, Código del Trabajo, Título Preliminar,
Libro I, Capítulo III).
& /en 5
Description: A minimum of 85 % of employees who work for the same employer
shall be Chilean natural persons or foreigners with more than five
years of residence in Chile. This rule applies to employers with more
than 25 employees under a contract of employment (contrato de
trabajo1). Expert technical personnel shall not be subject to this
provision, as determined by the Directorate of Labour (Dirección del
Trabajo). An employee shall be understood to mean any natural
person who supplies intellectual or material services, under
dependency or subordination, pursuant to a contract of employment.
1
For greater certainty, a contract of employment (contrato de trabajo) is not mandatory for the supply of
cross-border trade in services.
& /en 6
SECTION D
FUTURE MEASURES
Sector: Financial Services
Sub-sector: All
Obligations concerned: Cross-border supply of financial services
Level of government: Central
Description: The purchase of financial services, by persons located in the territory
of Chile and its nationals wherever located, from financial services
suppliers of the European Union shall be subject to the foreign
exchange regulations adopted or maintained by the Banco Central de
Chile in accordance with its Organic Law (Ley 18.840).
Existing measures: Ley 18.840, Official Gazette of 10 October 1989, Ley Orgánica
Constitucional del Banco Central de Chile, Title III
& /en 7
Sector: Financial Services
Sub-sector: Banking and other financial services
Obligations concerned: National Treatment
Level of government: Central
Description: Chile may adopt or maintain measures to grant Banco del Estado de
Chile, a Chilean state-owned bank, powers to comply with functions
related to the financial administration of the State, that are or might be
established according to Chile’s laws and regulations. These measures
include the management of the Chilean government financial
resources which is made through deposits in the Cuenta Única Fiscal
and its subsidiary accounts, all of which must be kept at Banco del
Estado de Chile.
Existing measures: Decreto Ley N° 2.079, Official Gazette of 18 January 1978, Ley
Orgánica del Banco del Estado de Chile Decreto Ley N° 1.263,
Official Gazette of 28 November 1975, Decreto Ley Orgánico de
Administración Financiera del Estado, Article 6.
& /en 8
Sector: Financial Services
Sub-sector: Insurance and insurance-related services
Obligations concerned: Cross-border supply of financial services
Level of government: Central
Description: All types of insurance1 that Chilean law makes or may make
compulsory, and all insurance related to social security, cannot be
contracted outside Chile.
This reservation does not apply in the event that Chilean law makes
compulsory insurance for international maritime transport,
international commercial aviation and space launching and freight
(including satellites) and goods in international transit (includes goods
transported). This exclusion does not apply to insurance for cabotage
or related activities.
Existing measures: Decreto con Fuerza de Ley N° 251, Official Gazette of 22 May 1931,
Ley de Seguros, Title I, Article 4.
1 For greater certainty this reservation does not apply to reinsurance services.
& /en 9
Sector: Financial Services
Sub-sector: Social services
Obligations concerned: Market access
Cross-border supply of financial services
Performance requirements
Level of government: Central
Description: Chile reserves the right to adopt or maintain any measure with respect
to the provision of public law enforcement and correctional services,
and the following services to the extent that they are social services
established or maintained for reasons of public interest: income
security or insurance, social security or insurance, social welfare,
public education, public training, health care and childcare.
Sector: Financial Services
& /en 10
Sub-sector: All
Obligations concerned: National treatment
Senior management and board of directors
Description: 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
investment 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 State company means any company owned or controlled
by Chile by means of an interest share in the ownership thereof,
including 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-owned enterprise or
governmental entity.
________________
& /en 11
EUROPEAN
COMMISSION
Brussels, 5.7.2023
COM(2023) 434 final
ANNEX 3 – PART 2/2
ANNEX
to the
Proposal for a Council Decision
on the signing, on behalf of the European Union, of the Interim Agreement on Trade
between the European Union and the Republic of Chile
EN EN
ANNEX 20
TRANSFERS – CHILE
1. Notwithstanding Chapter 20, Chile reserves the right of the Central Bank of Chile (Banco
Central de Chile) to maintain or adopt measures in conformity with Law 18.840, Constitutional
Organic Law of the Central Bank of Chile (Ley 18.840, Ley Orgánica Constitucional del Banco
Central de Chile), Decree Law N°3 of 1997, General Banking Act (Decreto con Fuerza de Ley N°3
de 1997, Ley General de Bancos) and Law N°18.45, Securities Market Law (Ley N°18.045, Ley de
Mercado de Valores), in order to ensure currency stability and the normal operation of domestic and
foreign payments. Such measures include, inter alia, the establishment of restrictions or limitations
on current payments and transfers (capital movements) to or from Chile, as well as transactions
related to them, such as requiring that deposits, investments or credits from or to a foreign country,
be subject to a reserve requirement (encaje).
2. Notwithstanding paragraph 1, the reserve requirement that the Central Bank of Chile can
apply pursuant to Article 49 Nº2 of Law 18.840, shall not exceed 30 % of the amount transferred
and shall not be imposed for a period which exceeds two years.
________________
& /en 1
ANNEX 21-A
PUBLIC PROCUREMENT
THE EUROPEAN UNION
SECTION A
CENTRAL GOVERNMENT ENTITIES
Supplies
Specified in Section D
Thresholds SDR 130 000
Services
Specified in Section E
Thresholds SDR 130 000
Works
Specified in Section F
Thresholds SDR 5 000 000
& /en 1
1. European Union entities:
(a) the Council of the European Union;
(b) the European Commission; and
(c) the European External Action Service (EEAS).
2. The central government contracting authorities of the Member States of the European Union:
BELGIUM
1. Services publics fédéraux: 1. Federale Overheidsdiensten:
SPF Chancellerie du Premier Ministre; FOD Kanselarij van de Eerste Minister;
SPF Personnel et Organisation; FOD Kanselarij Personeel en Organisatie;
SPF Budget et Contrôle de la Gestion; FOD Budget en Beheerscontrole;
SPF Technologie de l'Information et de la FOD Informatie- en Communicatietechnologie
Communication (Fedict); (Fedict);
SPF Affaires étrangères, Commerce extérieur et FOD Buitenlandse Zaken, Buitenlandse Handel
Coopération au Développement; en Ontwikkelingssamenwerking;
SPF Intérieur; FOD Binnenlandse Zaken;
SPF Finances; FOD Financiën;
SPF Mobilité et Transports; FOD Mobiliteit en Vervoer;
SPF Emploi, Travail et Concertation sociale; FOD Werkgelegenheid, Arbeid en sociaal
overleg;
& /en 2
SPF Sécurité Sociale et Institutions publiques de FOD Sociale Zekerheid en Openbare
Sécurité Sociale; Instellingen van sociale Zekerheid;
SPF Santé publique, Sécurité de la Chaîne FOD Volksgezondheid, Veiligheid van de
alimentaire et Environnement; Voedselketen en Leefmilieu;
SPF Justice; FOD Justitie;
SPF Economie, PME, Classes moyennes et FOD Economie, KMO, Middenstand en
Energie; Energie;
Ministère de la Défense; Ministerie van Landsverdediging;
Service public de programmation Intégration Programmatorische Overheidsdienst
sociale, Lutte contre la pauvreté Et Economie Maatschappelijke Integratie, Armoedsbestrijding
sociale; en sociale Economie;
Service public fédéral de Programmation Programmatorische federale Overheidsdienst
Développement durable; Duurzame Ontwikkeling;
Service public fédéral de Programmation Programmatorische federale Overheidsdienst
Politique scientifique; Wetenschapsbeleid;
& /en 3
2. Régie des Bâtiments: 2. Regie der Gebouwen:
Office national de Sécurité sociale; Rijksdienst voor sociale Zekerheid;
Institut national d'Assurance sociales Pour Rijksinstituut voor de sociale Verzekeringen der
travailleurs indépendants; Zelfstandigen;
Institut national d'Assurance Maladie-Invalidité; Rijksinstituut voor Ziekte- en
Invaliditeitsverzekering;
Office national des Pensions; Rijksdienst voor Pensioenen;
Caisse auxiliaire d'Assurance Maladie- Hulpkas voor Ziekte-en Invaliditeitsverzekering;
Invalidité;
Fond des Maladies professionnelles; Fonds voor Beroepsziekten;
Office national de l'Emploi; Rijksdienst voor Arbeidsvoorziening
La Poste* De Post*
* Postal activities as per act of 24 December 1993
BULGARIA
Администрация на Народното събрание (Administration of the National Assembly);
Администрация на Президента (Administration of the President);
Администрация на Министерския съвет (Administration of the Council of Ministers);
Конституционен съд (Constitutional Court);
& /en 4
Българска народна банка (Bulgarian National Bank);
Министерство на външните работи (Ministry of Foreign Affairs);
Министерство на вътрешните работи (Ministry of the Interior);
Министерство на извънредните ситуации (Ministry of Еmergency Situations);
Министерство на държавната администрация и административната реформа (Ministry of State
Administration and Administrative Reform);
Министерство на земеделието и храните (Ministry of Agriculture and Food);
Министерство на здравеопазването (Ministry of Health);
Министерство на икономиката и енергетиката (Ministry of Economy and Energy);
Министерство на културата (Ministry of Culture);
Министерство на образованието и науката (Ministry of Education and Science);
Министерство на околната среда и водите (Ministry of Environment and Water);
& /en 5
Министерство на отбраната (Ministry of Defence);
Министерство на правосъдието (Ministry of Justice);
Министерство на регионалното развитие и благоустройството (Ministry of Regional
Development and Public Works);
Министерство на транспорта (Ministry of Transport);
Министерство на труда и социалната политика (Ministry of Labour and Social Policy);
Министерство на финансите (Ministry of Finance);
държавни агенции, държавни комисии, изпълнителни агенции и други държавни
институции, създадени със закон или с постановление на Министерския съвет, които имат
функции във връзка с осъществяването на изпълнителната власт (state agencies, state
commissions, executive agencies and other state authorities established by law or by Council of
Ministers' decree having a function relating to the exercise of executive power):
Агенция за ядрено регулиране (Nuclear Regulatory Agency);
Държавна комисия за енергийно и водно регулиране (Energy and Water State Regulatory
Commission);
& /en 6
Държавна комисия по сигурността на информацията (State Commission on Information
Security);
Комисия за защита на конкуренцията (Commission for Protection of Competition);
Комисия за защита на личните данни (Commission for Personal Data Protection);
Комисия за защита от дискриминация (Commission for Protection Against Discrimination);
Комисия за регулиране на съобщенията (Communications Regulation Commission);
Комисия за финансов надзор (Financial Supervision Commission);
Патентно ведомство на Република България (Patent Office of the Republic of Bulgaria);
Сметна палата на Република България (National Audit Office of the Republic of Bulgaria);
Агенция за приватизация (Privatization Agency);
Агенция за следприватизационен контрол (Agency for Post-privatization Control);
Български институт по метрология (Bulgarian Institute for Metrology);
& /en 7
Държавна агенция "Архиви (State Agency "Archives");
Държавна агенция "Държавен резерв и военновременни запаси" (State Agency "State Reserve
and War-Time Stocks");
Държавна агенция за бежанците (State Agency for Refugees);
Държавна агенция за българите в чужбина (State Agency for Bulgarians Abroad);
Държавна агенция за закрила на детето (State Agency for Child Protection);
Държавна агенция за информационни технологии и съобщения (State Agency for
Information Technology and Communications);
Държавна агенция за метрологичен и технически надзор (State Agency for Metrological and
Technical Surveillance);
Държавна агенция за младежта и спорта (State Agency for Youth and Sports);
Държавна агенция по туризма (State Agency for Tourism);
Държавна комисия по стоковите борси и тържища (State Commission on Commodity
Exchanges and Market-places);
& /en 8
Институт по публична администрация и европейска интеграция (Institute of Public
Administration and European Integration);
Национален статистически институт (National Statistical Institute);
Агенция "Митници" (Customs Agency);
Агенция за държавна и финансова инспекция (Public Financial Inspection Agency);
Агенция за държавни вземания (State Receivables Collection Agency);
Агенция за социално подпомагане (Social Assistance Agency);
Държавна агенция "Национална сигурност" (State Agency "National Security");
Агенция за хората с увреждания (Agency for Persons with Disabilities);
Агенция по вписванията (Registry Agency);
Агенция по енергийна ефективност (Energy Efficiency Agency);
Агенция по заетостта (Employment Agency);
& /en 9
Агенция по геодезия, картография и кадастър (Geodesy, Cartography and Cadastre
Agency);
Агенция по обществени поръчки (Public Procurement Agency);
Българска агенция за инвестиции (Bulgarian Investment Agency);
Главна дирекция "Гражданска въздухоплавателна администрация" (General Directorate "Civil
Aviation Administration");
Дирекция за национален строителен контрол (Directorate for National Construction
Supervision);
Държавна комисия по хазарта (State Commission on Gambling);
Изпълнителна агенция "Автомобилна администрация" (Executive Agency "Automobile
Administration");
Изпълнителна агенция "Борба с градушките" (Executive Agency "Hail Suppression");
Изпълнителна агенция "Българска служба за акредитация" (Executive Agency "Bulgarian
Accreditation Service");
& /en 10
Изпълнителна агенция "Главна инспекция по труда" (Executive Agency "General Labour
Inspectorate");
Изпълнителна агенция "Железопътна администрация" (Executive Agency "Railway
Administration");
Изпълнителна агенция "Морска администрация" (Executive Agency "Maritime
Administration");
Изпълнителна агенция "Национален филмов център" (Executive Agency "National Film
Centre");
Изпълнителна агенция "Пристанищна администрация" (Executive Agency "Port
Administration");
Изпълнителна агенция "Проучване и поддържане на река Дунав" (Executive Agency
"Exploration and Maintenance of the Danube River");
Фонд "Републиканска пътна инфраструктура" (National Infrastructure Fund);
Изпълнителна агенция за икономически анализи и прогнози (Executive Agency for
Economic Analysis and Forecasting);
& /en 11
Изпълнителна агенция за насърчаване на малките и средни предприятия (Executive Agency
for Promotion of Small and Medium Enterprises);
Изпълнителна агенция по лекарствата (Executive Agency on Medicines);
Изпълнителна агенция по лозата и виното (Executive Agency on Vine and Wine);
Изпълнителна агенция по околна среда (Executive Environment Agency);
Изпълнителна агенция по почвените ресурси (Executive Agency on Soil Resources);
Изпълнителна агенция по рибарство и аквакултури (Executive Agency on Fisheries and
Aquaculture);
Изпълнителна агенция по селекция и репродукция в животновъдството (Executive
Agency for Selection and Reproduction in Animal Husbandry);
Изпълнителна агенция по сортоизпитване, апробация и семеконтрол (Executive Agency for
Plant Variety Testing, Field Inspection and Seed Control);
Изпълнителна агенция по трансплантация (Transplantation Executive Agency);
Изпълнителна агенция по хидромелиорации (Executive Agency on Hydromelioration);
& /en 12
Комисията за защита на потребителите (Commission for Consumer Protection);
Контролно-техническата инспекция (Control Technical Inspectorate);
Национална агенция за приходите (National Revenue Agency);
Национална ветеринарномедицинска служба (National Veterinary Service);
Национална служба за растителна защита (National Service for Plant Protection);
Национална служба по зърното и фуражите (National Grain and Feed Service);
Държавна агенция по горите (State Forestry Agency).
CZECHIA
1. Ministerstvo dopravy (Ministry of Transport);
2. Ministerstvo financí (Ministry of Finance);
3. Ministerstvo kultury (Ministry of Culture);
4. Ministerstvo obrany (Ministry of Defence);
& /en 13
5. Ministerstvo pro místní rozvoj (Ministry for Regional Development);
6. Ministerstvo práce a sociálních věcí (Ministry of Labour and Social Affairs);
7. Ministerstvo průmyslu a obchodu (Ministry of Industry and Trade);
8. Ministerstvo spravedlnosti (Ministry of Justice);
9. Ministerstvo školství, mládeže a tělovýchovy (Ministry of Education, Youth and Sports);
10. Ministerstvo vnitra (Ministry of the Interior);
11. Ministerstvo zahraničních věcí (Ministry of Foreign Affairs);
12. Ministerstvo zdravotnictví (Ministry of Health);
13. Ministerstvo zemědělství (Ministry of Agriculture);
14. Ministerstvo životního prostředí (Ministry of the Environment);
15. Poslanecká sněmovna PČR (Chamber of Deputies of the Parliament of the Czech Republic);
16. Senát PČR (Senate of the Parliament of the Czech Republic);
& /en 14
17. Kancelář prezidenta (Office of the President);
18. Český statistický úřad (Czech Statistical Office);
19. Český úřad zeměměřičský a katastrální (Czech Office for Surveying, Mapping and Cadastre);
20. Úřad průmyslového vlastnictví (Industrial Property Office);
21. Úřad pro ochranu osobních údajů (Office for Personal Data Protection);
22. Bezpečnostní informační služba (Security Information Service);
23. Národní bezpečnostní úřad (National Security Authority);
24. Česká akademie věd (Academy of Sciences of the Czech Republic);
25. Vězeňská služba (Prison Service);
26. Český báňský úřad (Czech Mining Authority);
27. Úřad pro ochranu hospodářské soutěže (Office for the Protection of Competition);
& /en 15
28. Správa státních hmotných rezerv (Administration of the State Material Reserves);
29. Státní úřad pro jadernou bezpečnost (State Office for Nuclear Safety);
30. Energetický regulační úřad (Energy Regulatory Office);
31. Úřad vlády České republiky (Office of the Government of the Czech Republic);
32. Ústavní soud (Constitutional Court);
33. Nejvyšší soud (Supreme Court);
34. Nejvyšší správní soud (Supreme Administrative Court);
35. Nejvyšší státní zastupitelství (Supreme Public Prosecutor’s Office);
36. Nejvyšší kontrolní úřad (Supreme Audit Office);
37. Kancelář Veřejného ochránce práv (Office of the Public Defender of Rights);
38. Grantová agentura České republiky (Grant Agency of the Czech Republic);
& /en 16
39. Státní úřad inspekce práce (State Labour Inspection Office); and
40. Český telekomunikační úřad (Czech Telecommunication Office).
DENMARK
1. Folketinget (The Danish Parliament;
2. Rigsrevisionen (The National Audit Office;
3. Statsministeriet (The Prime Minister's Office;
4. Udenrigsministeriet (Ministry of Foreign Affairs;
5. Beskæftigelsesministeriet (Ministry of Employment (5 styrelser og institutioner 5 agencies
and institutions;
6. Domstolsstyrelsen (The Court Administration;
7. Finansministeriet (Ministry of Finance (5 styrelser og institutioner 5 agencies and
institutions);
& /en 17
8. Forsvarsministeriet (Ministry of Defence (5 styrelser og institutioner 5 agencies and
Institutions);
9. Ministeriet for Sundhed og Forebyggelse (Ministry of the Interior and Health (Adskillige
styrelser og institutioner, herunder Statens Serum Institut Several agencies and institutions,
including Statens Serum Institut);
10. Justitsministeriet (Ministry of Justice (Rigspolitichefen, anklagemyndigheden samt 1
direktorat og et antal styrelser Commissioner of Police, 1 directorate and a number of
agencies);
11. Kirkeministeriet (Ministry of Ecclesiastical Affairs (10 stiftsøvrigheder 10 diocesan
authorities);
12. Kulturministeriet (Ministry of Culture (4 styrelser samt et antal statsinstitutioner A
Department and a number of institutions);
13. Miljøministeriet (Ministry of the Environment (5 styrelser 5 agencies);
14. Ministeriet for Flygtninge, Invandrere og Integration (Ministry of Refugee, Immigration and
Integration Affairs (1 styrelse 1 agency);
15. Ministeriet for Fødevarer, Landbrug og Fiskeri (Ministry of Food, Agriculture and Fisheries
(4 direktorater og institutioner 4 directorates and institutions);
& /en 18
16. Ministeriet for Videnskab, Teknologi og Udvikling (Ministry of Science, Technology and
Innovation (Adskillige styrelser og institutioner, Forskningscenter Risø og Statens
uddannelsesbygninger Several agencies and institutions, including Risoe National Laboratory
and Danish National Research and Education Buildings);
17. Skatteministeriet (Ministry of Taxation (1 styrelse og institutioner 1 agency and several
institutions);
18. Velfærdsministeriet (Ministry of Welfare (3 styrelser og institutioner 3 agencies and several
institutions);
19. Transportministeriet (Ministry of Transport (7 styrelser og institutioner, herunder
Øresundsbrokonsortiet 7 agencies and institutions, including Øresundsbrokonsortiet);
20. Undervisningsministeriet (Ministry of Education (3 styrelser, 4 undervisningsinstitutioner og
5 andre institutioner 3 agencies, 4 educational establishments, 5 other institutions);
21. Økonomi- og Erhvervsministeriet (Ministry of Economic and Business Affairs (Adskillige
styrelser og institutioner Several agencies and institutions);
22. Klima- og Energiministeriet (Ministry for Climate and Energy (3 styrelser og institutioner 3
agencies and institutions.
& /en 19
GERMANY
1. Federal Foreign Office; Auswärtiges Amt;
2. Federal Chancellery; Bundeskanzleramt;
3. Federal Ministry of Labour and Social; Bundesministerium für Arbeit und Soziales;
Affairs;
4. Federal Ministry of Education and Research; Bundesministerium für Bildung und
Forschung;
5. Federal Ministry for Food, Agriculture and Bundesministerium für Ernährung,
Consumer Protection; Landwirtschaft und Verbraucherschutz;
6. Federal Ministry of Finance; Bundesministerium der Finanzen;
7. Federal Ministry of the Interior (civil goods Bundesministerium des Innern;
only);
8. Federal Ministry of Health; Bundesministerium für Gesundheit;
9. Federal Ministry for Family Affairs, Senior Bundesministerium für Familie, Senioren,
Citizens, Women and Youth; Frauen und Jugend;
10. Federal Ministry of Justice; Bundesministerium der Justiz;
11. Federal Ministry of Transport, Building and Bundesministerium für Verkehr, Bau und
Urban Affairs; Stadtentwicklung;
12. Federal Ministry of Economic Affairs and Bundesministerium für Wirtschaft und
Technology; Technologie;
13. Federal Ministry for Economic Co-operation Bundesministerium für wirtschaftliche
and Development; Zusammenarbeit und Entwicklung;
14. Federal Ministry of Defence; and Bundesministerium der Verteidigung;
15. Federal Ministry of Environment, Nature Bundesministerium für Umwelt, Naturschutz
Conservation and Reactor Safety. und Reaktorsicherheit.
& /en 20
ESTONIA
1. Vabariigi Presidendi Kantselei (Office of the President of the Republic of Estonia);
2. Eesti Vabariigi Riigikogu (Parliament of the Republic of Estonia);
3. Eesti Vabariigi Riigikohus (Supreme Court of the Republic of Estonia);
4. Riigikontroll (The State Audit Office of the Republic of Estonia);
5. Õiguskantsler (Legal Chancellor);
6. Riigikantselei (The State Chancellery);
7. Rahvusarhiiv (The National Archives of Estonia);
8. Haridus- ja Teadusministeerium (Ministry of Education and Research);
9. Justiitsministeerium (Ministry of Justice);
10. Kaitseministeerium (Ministry of Defence);
11. Keskkonnaministeerium (Ministry of Environment);
& /en 21
12. Kultuuriministeerium (Ministry of Culture);
13. Majandus- ja Kommunikatsiooniministeerium (Ministry of Economic Affairs and
Communications);
14. Põllumajandusministeerium (Ministry of Agriculture);
15. Rahandusministeerium (Ministry of Finance);
16. Siseministeerium (Ministry of Internal Affairs);
17. Sotsiaalministeerium (Ministry of Social Affairs);
18. Välisministeerium (Ministry of Foreign Affairs);
19. Keeleinspektsioon (The Language Inspectorate);
20. Riigiprokuratuur (Prosecutor's Office);
21. Teabeamet (The Information Board);
22. Maa-amet (Estonian Land Board);
& /en 22
23. Keskkonnainspektsioon (Environmental Inspectorate);
24. Metsakaitse- ja Metsauuenduskeskus (Centre of Forest Protection and Silviculture);
25. Muinsuskaitseamet (The Heritage Board);
26. Patendiamet (Patent Office);
27. Tehnilise Järelevalve Amet (The Estonian Technical Surveillance Authority);
28. Tarbijakaitseamet (The Consumer Protection Board);
29. Riigihangete Amet (Public Procurement Office);
30. Taimetoodangu Inspektsioon (The Plant Production Inspectorate);
31. Põllumajanduse Registrite ja Informatsiooni Amet (Agricultural Registers and Information
Board);
32. Veterinaar- ja Toiduamet (The Veterinary and Food Board);
33. Konkurentsiamet (The Estonian Competition Authority);
34. Maksu –ja Tolliamet (Tax and Customs Board);
& /en 23
35. Statistikaamet (Statistics Estonia);
36. Kaitsepolitseiamet (The Security Police Board);
37. Kodakondsus- ja Migratsiooniamet (Citizenship and Migration Board);
38. Piirivalveamet (National Board of Border Guard);
39. Politseiamet (National Police Board);
40. Eesti Kohtuekspertiisi ja Instituut (Forensic Service Centre);
41. Keskkriminaalpolitsei (Central Criminal Police);
42. Päästeamet (The Rescue Board);
43. Andmekaitse Inspektsioon (Estonian Data Protection Inspectorate);
44. Ravimiamet (State Agency of Medicines);
45. Sotsiaalkindlustusamet (Social Insurance Board);
46. Tööturuamet (Labour Market Board);
& /en 24
47. Tervishoiuamet (Health Care Board);
48. Tervisekaitseinspektsioon (Health Protection Inspectorate);
49. Tööinspektsioon (Labour Inspectorate);
50. Lennuamet (Estonian Civil Aviation Administration);
51. Maanteeamet (Estonian Road Administration);
52. Veeteede Amet (Maritime Administration);
53. Julgestuspolitsei (Central Law Enforcement Police);
54. Kaitseressursside Amet (Defence Resources Agency);
55. Kaitseväe Logistikakeskus (Logistics Centre of Defence Forces).
IRELAND
1. President's Establishment;
2. Houses of the Oireachtas (Parliament);
& /en 25
3. Department of the Taoiseach (Prime Minister);
4. Central Statistics Office;
5. Department of Finance;
6. Office of the Comptroller and Auditor General;
7. Office of the Revenue Commissioners;
8. Office of Public Works;
9. State Laboratory;
10. Office of the Attorney General;
11. Office of the Director of Public Prosecutions;
12. Valuation Office;
13. Commission for Public Service Appointments;
14. Office of the Ombudsman;
& /en 26
15. Chief State Solicitor's Office;
16. Department of Justice, Equality and Law Reform;
17. Courts Service;
18. Prisons Service;
19. Office of the Commissioners of Charitable Donations and Bequests;
20. Department of the Environment, Heritage and Local Government;
21. Department of Education and Science;
22. Department of Communications, Energy and Natural Resources;
23. Department of Agriculture, Fisheries and Food;
24. Department of Transport;
25. Department of Health and Children;
26. Department of Enterprise, Trade and Employment;
& /en 27
27. Department of Arts, Sports and Tourism;
28. Department of Defence;
29. Department of Foreign Affairs;
30. Department of Social and Family Affairs;
31. Department of Community, Rural and Gaeltacht (Gaelic speaking regions Affairs);
32. Arts Council;
33. National Gallery.
GREECE
1. Υπουργείο Εσωτερικών (Ministry of Interior);
2. Υπουργείο Εξωτερικών (Ministry of Foreign Affairs);
3. Υπουργείο Οικονομίας και Οικονομικών (Ministry of Economy and Finance);
4. Υπουργείο Ανάπτυξης (Ministry of Development);
& /en 28
5. Υπουργείο Δικαιοσύνης (Ministry of Justice);
6. Υπουργείο Εθνικής Παιδείας και Θρησκευμάτων (Ministry of Education and Religion);
7. Υπουργείο Πολιτισμού (Ministry of Culture);
8. Υπουργείο Υγείας και Κοινωνικής Αλληλεγγύης (Ministry of Health and Social Solidarity);
9. Υπουργείο Περιβάλλοντος, Χωροταξίας και Δημοσίων Έργων (Ministry of Environment,
Physical Planning and Public Works);
10. Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας (Ministry of Employment and Social
Protection);
11. Υπουργείο Μεταφορών και Επικοινωνιών (Ministry of Transport and Communications);
12. Υπουργείο Αγροτικής Ανάπτυξης και Τροφίμων (Ministry of Rural Development and Food);
13. Υπουργείο Εμπορικής Ναυτιλίας, Αιγαίου και Νησιωτικής Πολιτικής (Ministry of Mercantile
Marine, Aegean and Island Policy);
14. Υπουργείο Μακεδονίας- Θράκης (Ministry of Macedonia and Thrace);
& /en 29
15. Γενική Γραμματεία Επικοινωνίας (General Secretariat of Communication);
16. Γενική Γραμματεία Ενημέρωσης (General Secretariat of Information);
17. Γενική Γραμματεία Νέας Γενιάς (General Secretariat for Youth);
18. Γενική Γραμματεία Ισότητας (General Secretariat of Equality);
19. Γενική Γραμματεία Κοινωνικών Ασφαλίσεων (General Secretariat for Social Security);
20. Γενική Γραμματεία Απόδημου Ελληνισμού (General Secretariat for Greeks Living Abroad);
21. Γενική Γραμματεία Βιομηχανίας (General Secretariat for Industry);
22. Γενική Γραμματεία Έρευνας και Τεχνολογίας (General Secretariat for Research and
Technology);
23. Γενική Γραμματεία Αθλητισμού (General Secretariat for Sports);
24. Γενική Γραμματεία Δημοσίων Έργων (General Secretariat for Public Works);
25. Γενική Γραμματεία Εθνικής Στατιστικής Υπηρεσίας Ελλάδος (National Statistical Service);
& /en 30
26. Εθνικό Συμβούλιο Κοινωνικής Φροντίδας (National Welfare Council);
27. Οργανισμός Εργατικής Κατοικίας (Workers' Housing Organisation);
28. Εθνικό Τυπογραφείο (National Printing Office);
29. Γενικό Χημείο του Κράτους (General State Laboratory);
30. Ταμείο Εθνικής Οδοποιίας (Greek Highway Fund);
31. Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών (University of Athens);
32. Αριστοτέλειο Πανεπιστήμιο Θεσσαλονίκης (University of Thessaloniki);
33. Δημοκρίτειο Πανεπιστήμιο Θράκης (University of Thrace);
34. Πανεπιστήμιο Αιγαίου (University of Aegean);
35. Πανεπιστήμιο Ιωαννίνων (University of Ioannina);
36. Πανεπιστήμιο Πατρών (University of Patras);
37. Πανεπιστήμιο Μακεδονίας (University of Macedonia);
& /en 31
38. Πολυτεχνείο Κρήτης (Polytechnic School of Crete);
39. Σιβιτανίδειος Δημόσια Σχολή Τεχνών και Επαγγελμάτων (Sivitanidios Technical School);
40. Αιγινήτειο Νοσοκομείο (Eginitio Hospital);
41. Αρεταίειο Νοσοκομείο (Areteio Hospital);
42. Εθνικό Κέντρο Δημόσιας Διοίκησης (National Centre of Public Administration);
43. Οργανισμός Διαχείρισης Δημοσίου Υλικού (Α.Ε. Public Material Μanagement Organisation);
44. Οργανισμός Γεωργικών Ασφαλίσεων (Farmers' Insurance Organisation);
45. Οργανισμός Σχολικών Κτιρίων (School Building Organisation);
46. Γενικό Επιτελείο Στρατού (Army General Staff);
47. Γενικό Επιτελείο Ναυτικού (Navy General Staff);
48. Γενικό Επιτελείο Αεροπορίας (Airforce General Staff) ;
& /en 32
49. Ελληνική Επιτροπή Ατομικής Ενέργειας (Greek Atomic Energy Commission);
50. Γενική Γραμματεία Εκπαίδευσης Ενηλίκων (General Secretariat for Further Education);
51. Γενική Γραμματεία Εμπορίου (General Secretariat of Commerce);
52. Ελληνικά Ταχυδρομεία Hellenic Post (EL. TA).
SPAIN
1. Presidencia de Gobierno;
2. Ministerio de Asuntos Exteriores y de Cooperación;
3. Ministerio de Justicia;
4. Ministerio de Defensa;
5. Ministerio de Economía y Hacienda;
6. Ministerio del Interior;
7. Ministerio de Fomento;
8. Ministerio de Educación y Ciencia;
& /en 33
9. Ministerio de Industria, Turismo y Comercio;
10. Ministerio de Trabajo y Asuntos Sociales;
11. Ministerio de Agricultura, Pesca y Alimentación;
12. Ministerio de la Presidencia;
13. Ministerio de Administraciones Públicas;
14. Ministerio de Cultura;
15. Ministerio de Sanidad y Consumo;
16. Ministerio de Medio Ambiente;
17. Ministerio de Vivienda.
FRANCE
Ministères:
Services du Premier ministre;
Ministère chargé de la santé, de la jeunesse et des sports;
& /en 34
Ministère chargé de l'intérieur, de l'outre-mer et des collectivités territoriales;
Ministère chargé de la justice;
Ministère chargé de la défense;
Ministère chargé des affaires étrangères et européennes;
Ministère chargé de l'éducation nationale;
Ministère chargé de l'économie, des finances et de l'emploi;
Secrétariat d'Etat aux transports;
Secrétariat d'Etat aux entreprises et au commerce extérieur;
Ministère chargé du travail, des relations sociales et de la solidarité;
Ministère chargé de la culture et de la communication;
Ministère chargé du budget, des comptes publics et de la fonction publique;
Ministère chargé de l'agriculture et de la pêche;
& /en 35
Ministère chargé de l'enseignement supérieur et de la recherche;
Ministère chargé de l'écologie, du développement et de l'aménagement durables;
Secrétariat d'Etat à la fonction publique;
Ministère chargé du logement et de la ville;
Secrétariat d'Etat à la coopération et à la francophonie;
Secrétariat d'Etat à l'outre-mer;
Secrétariat d'Etat à la jeunesse et aux sports et de la vie associative;
Secrétariat d'Etat aux anciens combattants;
Ministère chargé de l'immigration, de l'intégration, de l'identité nationale et du co-développement;
Secrétariat d'Etat en charge de la prospective et de l'évaluation des politiques publiques;
Secrétariat d'Etat aux affaires européennes;
Secrétariat d'Etat aux affaires étrangères et aux droits de l'homme;
& /en 36
Secrétariat d'Etat à la consommation et au tourisme;
Secrétariat d'Etat à la politique de la ville;
Secrétariat d'Etat à la solidarité;
Secrétariat d'Etat en charge de l'emploi;
Secrétariat d'Etat en charge du commerce, de l'artisanat, des PME, du tourisme et des services;
Secrétariat d'Etat en charge du développement de la région-capitale;
Secrétariat d'Etat en charge de l'aménagement du territoire;.
Etablissements publics nationaux:
Académie de France à Rome;
Académie de marine;
Académie des sciences d'outre-mer;
Agence Centrale des Organismes de Sécurité Sociale (A.C.O.S.S.);
& /en 37
Agences de l'eau;
Agence Nationale de l'Accueil des Etrangers et des migrations;
Agence nationale pour l'amélioration des conditions de travail (ANACT) ;
Agence nationale pour l'amélioration de l'habitat (ANAH);
Agence Nationale pour la Cohésion Sociale et l'Egalité des Chances;
Agence nationale pour l'indemnisation des français d'outre-mer (ANIFOM) ;
Assemblée permanente des chambres d'agriculture (APCA) ;
Bibliothèque nationale de France;
Bibliothèque nationale et universitaire de Strasbourg;
Caisse des Dépôts et Consignations;
Caisse nationale des autoroutes (CNA) ;
Caisse nationale militaire de sécurité sociale (CNMSS) ;
& /en 38
Caisse de garantie du logement locatif social;
Casa de Velasquez;
Centre d'enseignement zootechniqueCentre hospitalier national des Quinze-Vingts;
Centre international d'études supérieures en sciences agronomiques (Montpellier Sup Agro) ;
Centre des liaisons européennes et internationales de sécurité sociale;
Centre des Monuments Nationaux;
Centre national d'art et de culture Georges Pompidou;
Centre national de la cinématographie;
Institut national supérieur de formation et de recherche pour l'éducation des jeunes handicapés et les
enseignements adaptés;
Centre National d'Etudes et d'expérimentation du machinisme agricole, du génie rural, des eaux et
des forêts (CEMAGREF) ;
Ecole nationale supérieure de Sécurité Sociale;
& /en 39
Centre national du livre;
Centre national de documentation pédagogique;
Centre national des œuvres universitaires et scolaires (CNOUS) ;
Centre national professionnel de la propriété forestière;
Centre National de la Recherche Scientifique (C.N.R.S) ;
Centres d'éducation populaire et de sport (CREPS) ;
Centres régionaux des œuvres universitaires (CROUS) ;
Collège de France;
Conservatoire de l'espace littoral et des rivages lacustres;
Conservatoire National des Arts et Métiers;
Conservatoire national supérieur de musique et de danse de Paris;
Conservatoire national supérieur de musique et de danse de Lyon;
& /en 40
Conservatoire national supérieur d'art dramatique;
Ecole centrale de Lille;
Ecole centrale de Lyon;
École centrale des arts et manufactures;
École française d'archéologie d'Athènes;
École française d'Extrême-Orient;
École française de Rome;
École des hautes études en sciences sociales;
École nationale d'administration;
École nationale de l'aviation civile (ENAC) ;
École nationale des Chartes;
École nationale d'équitation;
& /en 41
Ecole Nationale du Génie de l'Eau et de l'environnement de Strasbourg;
Écoles nationales d'ingénieurs;
Ecole nationale d'ingénieurs des industries des techniques agricoles et alimentaires de Nantes;
Écoles nationales d'ingénieurs des travaux agricoles;
École nationale de la magistrature;
Écoles nationales de la marine marchande;
École nationale de la santé publique (ENSP) ;
École nationale de ski et d'alpinisme;
École nationale supérieure des arts décoratifs;
École nationale supérieure des arts et industries textiles Roubaix;
Écoles nationales supérieures d'arts et métiers;
École nationale supérieure des beaux-arts;
& /en 42
École nationale supérieure de céramique industrielle;
École nationale supérieure de l'électronique et de ses applications (ENSEA);
Ecole Nationale Supérieure des Sciences de l'information et des bibliothécaires;
Écoles nationales vétérinaires;
École nationale de voile;
Écoles normales supérieures;
École polytechnique;
École de viticulture Avize (Marne) ;
Etablissement national d’enseignement agronomique de Dijon;
Établissement national des invalides de la marine (ENIM) ;
Établissement national de bienfaisance Koenigswarter;
Fondation Carnegie;
& /en 43
Fondation Singer-Polignac;
Haras nationaux;
Hôpital national de Saint-Maurice;
Institut français d'archéologie orientale du Caire;
Institut géographique national;
Institut National des Appellations d'origine;
Institut National d'enseignement supérieur et de recherche agronomique et agroalimentaire de
Rennes;
Institut National d'Etudes Démographiques (I.N.E.D) ;
Institut National d'Horticulture;
Institut National de la jeunesse et de l'éducation populaire;
Institut national des jeunes aveugles Paris;
Institut national des jeunes sourds Bordeaux;
& /en 44
Institut national des jeunes sourds Chambéry;
Institut national des jeunes sourds Metz;
Institut national des jeunes sourds Paris;
Institut national de physique nucléaire et de physique des particules (I.N.P.N.P.P) ;
Institut national de la propriété industrielle;
Institut National de la Recherche Agronomique (I.N.R.A) ;
Institut National de la Recherche Pédagogique (I.N.R.P) ;
Institut National de la Santé et de la Recherche Médicale (I.N.S.E.R.M) ;
Institut National des Sciences de l'Univers;
Institut National des Sports et de l'Education Physique;
Instituts nationaux polytechniques;
Instituts nationaux des sciences appliquées;
& /en 45
Institut national de recherche en informatique et en automatique (INRIA);
Institut national de recherche sur les transports et leur sécurité (INRETS);
Institut de Recherche pour le Développement;
Instituts régionaux d'administration;
Institut des Sciences et des Industries du vivant et de l'environnement (Agro Paris Tech);
Institut supérieur de mécanique de Paris;
Institut Universitaires de Formation des Maîtres;
Musée de l'armée;
Musée Gustave-Moreau;
Musée national de la marine;
Musée national J.-J.-Henner;
Musée national de la Légion d'honneur;
& /en 46
Musée de la Poste;
Muséum National d'Histoire Naturelle;
Musée Auguste-Rodin;
Observatoire de Paris;
Office français de protection des réfugiés et apatrides;
Office National des Anciens Combattants et des Victimes de Guerre (ONAC) ;
Office national de la chasse et de la faune sauvage;
Office National de l'eau et des milieux aquatiques;
Office national d'information sur les enseignements et les professions (ONISEP) ;
Office universitaire et culturel français pour l'Algérie;
Palais de la découverte;
Parcs nationaux;
Universités.
& /en 47
Autre organisme public national:
Union des groupements d'achats publics (UGAP);
Agence Nationale pour l'emploi (A.N.P.E);
Autorité indépendante des marchés financiers;
Caisse Nationale des Allocations Familiales (CNAF);
Caisse Nationale d'Assurance Maladie des Travailleurs Salariés (CNAMS);
Caisse Nationale d'Assurance-Vieillesse des Travailleurs Salariés (CNAVTS).
CROATIA
1. Croatian Parliament;
2. President of the Republic of Croatia;
3. Office of the President of the Republic of Croatia;
4. Office of the President of the Republic of Croatia after the expiry of the term of office;
& /en 48
5. Government of the Republic of Croatia;
6. Offices of the Government of the Republic of Croatia;
7. Ministry of Economy;
8. Ministry of Regional Development and EU Funds;
9. Ministry of Finance;
10. Ministry of Defence;
11. Ministry of Foreign and European Affairs;
12. Ministry of the Interior;
13. Ministry of Justice;
14. Ministry of Public Administration;
15. Ministry of Entrepreneurship and Crafts;
16. Ministry of Labour and Pension System;
& /en 49
17. Ministry of Maritime Affairs, Transport and Infrastructure;
18. Ministry of Agriculture;
19. Ministry of Tourism;
20. Ministry of Environmental and Nature Protection;
21. Ministry of Construction and Physical Planning;
22. Ministry of Veterans' Affairs;
23. Ministry of Social Policy and Youth;
24. Ministry of Health;
25. Ministry of Science, Education and Sports;
26. Ministry of Culture;
27. State administrative organisations;
28. County state administration offices;
& /en 50
29. Constitutional Court of the Republic of Croatia;
30. Supreme Court of the Republic of Croatia;
31. Courts;
32. State Judiciary Council;
33. State attorney's offices;
34. State Prosecutor's Council;
35. Ombudsman's offices;
36. State Commission for the Supervision of Public Procurement Procedures;
37. Croatian National Bank;
38. State agencies and offices;
39. State Audit Office.
& /en 51
ITALY
Purchasing bodies:
1. Presidenza del Consiglio dei Ministri (Presidency of the Council of Ministers);
2. Ministero degli Affari Esteri (Ministry of Foreign Affairs);
3. Ministero dell'Interno (Ministry of Interior) ;
4. Ministero della Giustizia e Uffici giudiziari (esclusi i giudici di pace) (Ministry of Justice and
the Judicial Offices (other than the giudici di pace);
5. Ministero della Difesa (Ministry of Defence);
6. Ministero dell'Economia e delle Finanze (Ministry of Economy and Finance);
7. Ministero dello Sviluppo Economico (Ministry of Economic Development);
8. Ministero del Commercio internazionale (Ministry of International Trade);
9. Ministero delle Comunicazioni (Ministry of Communications);
10. Ministero delle Politiche Agricole e Forestali (Ministry of Agriculture and Forest Policies);
& /en 52
11. Ministero dell'Ambiente e Tutela del Territorio e del Mare (Ministry of Environment, Land
and Sea);
12. Ministero delle Infrastrutture (Ministry of Infrastructure);
13. Ministero dei Trasporti (Ministry of Transport);
14. Ministero del Lavoro e delle politiche sociali e della Previdenza sociale (Ministry of Labour,
Social Policy and Social Security);
15. Ministero della Solidarietà sociale (Ministry of Social Solidarity);
16. Ministero della Salute (Ministry of Health);
17. Ministero dell'Istruzione dell' università e della ricerca (Ministry of Education, University and
Research);
18. Ministero per i Beni e le Attività culturali comprensivo delle sue articolazioni periferiche
(Ministry of Heritage and Culture, including its subordinated entities).
II. Other national public bodies:
CONSIP (Concessionaria Servizi Informatici Pubblici)1.
1 Acts as the central purchasing entity for all the Italian public administration.
& /en 53
CYPRUS
1. Προεδρία και Προεδρικό Μέγαρο (Presidency and Presidential Palace);
2. Γραφείο Συντονιστή Εναρμόνισης (Office of the Coordinator for Harmonisation);
3. Υπουργικό Συμβούλιο (Council of Ministers);
4. Βουλή των Αντιπροσώπων (House of Representatives);
5. Δικαστική Υπηρεσία (Judicial Service);
6. Νομική Υπηρεσία της Δημοκρατίας (Law Office of the Republic);
7. Ελεγκτική Υπηρεσία της Δημοκρατίας (Audit Office of the Republic);
8. Επιτροπή Δημόσιας Υπηρεσίας (Public Service Commission);
9. Επιτροπή Εκπαιδευτικής Υπηρεσίας (Educational Service Commission);
10. Γραφείο Επιτρόπου Διοικήσεως (Office of the Commissioner for Administration
(Ombudsman));
11. Επιτροπή Προστασίας Ανταγωνισμού (Commission for the Protection of Competition);
& /en 54
12. Υπηρεσία Εσωτερικού Ελέγχου (Internal Audit Service);
13. Γραφείο Προγραμματισμού (Planning Bureau);
14. Γενικό Λογιστήριο της Δημοκρατίας (Treasury of the Republic);
15. Γραφείο Επιτρόπου Προστασίας Δεδομένων Προσωπικού Χαρακτήρα(Office of the Personal
Character Data Protection Commissioner);
16. Γραφείο Εφόρου Δημοσίων Ενισχύσεων (Office of the Commissioner for the Public Aid);
17. Αναθεωρητική Αρχή Προσφορών (Tender Review Body);
18. Υπηρεσία Εποπτείας και Ανάπτυξης Συνεργατικών Εταιρειών (Cooperative Societies΄
Supervision and Development Authority);
19. Αναθεωρητική Αρχή Προσφύγων (Refugees’ Review Body);
20. Υπουργείο Άμυνας (Ministry of Defence);
& /en 55
21. Υπουργείο Γεωργίας, Φυσικών Πόρων και Περιβάλλοντος (Ministry of Agriculture, Natural
Resources and Environment):
1. Τμήμα Γεωργίας (Department of Agriculture);
2. Κτηνιατρικές Υπηρεσίες (Veterinary Services);
3. Τμήμα Δασών (Forest Department);
4. Τμήμα Αναπτύξεως Υδάτων (Water Development Department);
5. Τμήμα Γεωλογικής Επισκόπησης (Geological Survey Department);
6. Μετεωρολογική Υπηρεσία (Meteorological Service);
7. Τμήμα Αναδασμού (Land Consolidation Department);
8. Υπηρεσία Μεταλλείων (Mines Service);
9. Ινστιτούτο Γεωργικών Ερευνών (Agricultural Research Institute);
10. Τμήμα Αλιείας και Θαλάσσιων Ερευνών (Department of Fisheries and Marine
Research);
& /en 56
22. Υπουργείο Δικαιοσύνης και Δημοσίας Τάξεως (Ministry of Justice and Public Order):
1. Αστυνομία (Police);
2. Πυροσβεστική Υπηρεσία Κύπρου (Cyprus Fire Service);
3. Τμήμα Φυλακών (Prison Department);
23. Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού (Ministry of Commerce, Industry and
Tourism):
1. Τμήμα Εφόρου Εταιρειών και Επίσημου Παραλήπτη (Department of Registrar of
Companies and Official Receiver);
24. Υπουργείο Εργασίας και Κοινωνικών Ασφαλίσεων (Ministry of Labour and Social
Insurance):
1. Τμήμα Εργασίας (Department of Labour);
2. Τμήμα Κοινωνικών Ασφαλίσεων (Department of Social Insurance);
3. Τμήμα Υπηρεσιών Κοινωνικής Ευημερίας (Department of Social Welfare Services);
& /en 57
4. Κέντρο Παραγωγικότητας Κύπρου (Productivity Centre Cyprus);
5. Ανώτερο Ξενοδοχειακό Ινστιτούτο Κύπρου (Higher Hotel Institute Cyprus);
6. Ανώτερο Τεχνολογικό Ινστιτούτο (Higher Τechnical Institute);
7. Τμήμα Επιθεώρησης Εργασίας (Department of Labour Inspection);
8. Τμήμα Εργασιακών Σχέσεων (Depertment of Labour Relations)
25. Υπουργείο Εσωτερικών (Ministry of the Interior):
1. Επαρχιακές Διοικήσεις (District Administrations);
2. Τμήμα Πολεοδομίας και Οικήσεως (Town Planning and Housing Department);
3. Τμήμα Αρχείου Πληθυσμού και Μεταναστεύσεως (Civil Registry and Migration
Department);
4. Τμήμα Κτηματολογίου και Χωρομετρίας (Department of Lands and Surveys);
5. Γραφείο Τύπου και Πληροφοριών (Press and Information Office);
6. Πολιτική Άμυνα (Civil Defence);
& /en 58
7. Υπηρεσία Μέριμνας και Αποκαταστάσεων Εκτοπισθέντων (Service for the care and
rehabilitation of displaced persons);
8. Υπηρεσία Ασύλου (Asylum Service);
26. Υπουργείο Εξωτερικών (Ministry of Foreign Affairs);
27. Υπουργείο Οικονομικών (Ministry of Finance):
1. Τελωνεία (Customs and Excise);
2. Τμήμα Εσωτερικών Προσόδων (Department of Inland Revenue);
3. Στατιστική Υπηρεσία (Statistical Service);
4. Τμήμα Κρατικών Αγορών και Προμηθειών (Department of Government Purchasing and
Supply);
5. Τμήμα Δημόσιας Διοίκησης και Προσωπικού (Public Administration and Personnel
Department);
6. Κυβερνητικό Τυπογραφείο (Government Printing Office);
7. Τμήμα Υπηρεσιών Πληροφορικής (Department of Information Technology Services);
& /en 59
28. Υπουργείο Παιδείας και Πολιτισμού (Ministry of Εducation and Culture);
29. Υπουργείο Συγκοινωνιών και Έργων (Ministry of Communications and Works):
1. Τμήμα Δημοσίων Έργων (Department of Public Works);
2. Τμήμα Αρχαιοτήτων (Department of Antiquities);
3. Τμήμα Πολιτικής Αεροπορίας (Department of Civil Aviation);
4. Τμήμα Εμπορικής Ναυτιλίας (Department of Merchant Shipping);
5. Τμήμα Ταχυδρομικών Υπηρεσιών (Postal Services Department);
6. Τμήμα Οδικών Μεταφορών (Department of Road Transport);
7. Τμήμα Ηλεκτρομηχανολογικών Υπηρεσιών (Department of Electrical and Mechanical
Services);
8. Τμήμα Ηλεκτρονικών Επικοινωνιών (Department of Electronic Telecommunications);
& /en 60
30. Υπουργείο Υγείας (Ministry of Health):
1. Φαρμακευτικές Υπηρεσίες (Pharmaceutical Services);
2. Γενικό Χημείο (General Laboratory);
3. Ιατρικές Υπηρεσίες και Υπηρεσίες Δημόσιας Υγείας (Medical and Public Health
Services);
4. Οδοντιατρικές Υπηρεσίες (Dental Services);and
5. Υπηρεσίες Ψυχικής Υγείας (Mental Health Services).
LATVIA
A. Ministrijas, īpašu ministru sekretariāti un to padotībā esošās iestādes (Ministries, secretariats
of ministers for special assignments, and their subordinate institutions):
1. Aizsardzības ministrija un tās padotībā esošās iestādes (Ministry of Defence and
subordinate institutions);
2. Ārlietu ministrija un tas padotībā esošās iestādes (Ministry of Foreign Affairs and
subordinate institutions);
& /en 61
3. Ekonomikas ministrija un tās padotībā esošās iestādes (Ministry of Economics and
subordinate institutions);
4. Finanšu ministrija un tās padotībā esošās iestādes (Ministry of Finance and subordinate
institutions);
5. Iekšlietu ministrija un tās padotībā esošās iestādes (Ministry of the Interior Affairs
andsubordinate institutions);
6. Izglītības un zinātnes ministrija un tās padotībā esošās iestādes (Ministry of Education
and Science and subordinate institutions);
7. Kultūras ministrija un tas padotībā esošās iestādes (Ministry of Culture and subordinate
institutions);
8. Labklājības ministrija un tās padotībā esošās iestādes (Ministry of Welfare and
subordinate institutions);
9. Satiksmes ministrija un tās padotībā esošās iestādes (Ministry of Transport and
subordinate institutions);
10. Tieslietu ministrija un tās padotībā esošās iestādes (Ministry of Justice and subordinate
institutions);
& /en 62
11. Veselības ministrija un tās padotībā esošās iestādes (Ministry of Health and subordinate
institutions);
12. Vides aizsardzības un reģionālās attīstības ministrija un tās padotībā esošās iestādes
(Ministry of Environmental Protection and Regional Development and subordinate
institutions);
13. Zemkopības ministrija un tās padotībā esošās iestādes (Ministry of Agriculture and
subordinate institutions);
14. Īpašu uzdevumu ministra sekretariāti un to padotībā esošās iestādes (Ministries for
Special Assignments and subordinate institutions);
B. Citas valsts iestādes (Other state institutions):
1. Augstākā tiesa (Supreme Court);
2. Centrālā vēlēšanu komisija (Central Election Commission);
3. Finanšu un kapitāla tirgus komisija (Financial and Capital Market Commission) ;
4. Latvijas Banka (Bank of Latvia);
& /en 63
5. Prokuratūra un tās pārraudzībā esošās iestādes (Prosecutor's Office and institutions
under its supervision);
6. Saeimas un tās padotībā esošās iestādes (The Parliament and subordinate institutions);
7. Satversmes tiesa (Constitutional Court);
8. Valsts kanceleja un tās pārraudzībā esošās iestādes (State Chancellery and institutions
under its supervision);
9. Valsts kontrole (State Audit Office);
10. Valsts prezidenta kanceleja (Chancellery of the State President);
11. Citas valsts iestādes, kuras nav ministriju padotībā (Other state institutions not
subordinate to ministries):
– Tiesībsarga birojs (Office of the Ombudsman);
– Nacionālā radio un televīzijas padome (National Broadcasting Council).
& /en 64
LITHUANIA
1. Prezidentūros kanceliarija (Office of the President);
2. Seimo kanceliarija (Office of the Seimas)
Seimui atskaitingos institucijos: (Institutions Accountable to the Seimas):]
1. Lietuvos mokslo taryba (Science Council);
2. Seimo kontrolierių įstaiga (The Seimas Ombudsmen's Office);
3. Valstybės kontrolė (National Audit Office);
4. Specialiųjų tyrimų tarnyba (Special Investigation Service);
5. Valstybės saugumo departamentas (State Security Department);
6. Konkurencijos taryba (Competition Council);
7. Lietuvos gyventojų genocido ir rezistencijos tyrimo centras (Genocide and Resistance
Research Centre);
& /en 65
8. Vertybinių popierių komisija (Lithuanian Securities Commission);
9. Ryšių reguliavimo tarnyba (Communications Regulatory Authority);
10. Nacionalinė sveikatos taryba (National Health Board);
11. Etninės kultūros globos taryba (Council for the Protection of Ethnic Culture);
12. Lygių galimybių kontrolieriaus tarnyba (Office of Equal Opportunities Ombudsperson);
13. Valstybinė kultūros paveldo komisija (National Cultural Heritage Commission);
14. Vaiko teisių apsaugos kontrolieriaus įstaiga (Children's Rights Ombudsman Institution);
15. Valstybinė kainų ir energetikos kontrolės komisija (State Price Regulation Commission
of Energy Resources);
16. Valstybinė lietuvių kalbos komisija (State Commission of the Lithuanian Language);
17. Vyriausioji rinkimų komisija (Central Electoral Committee);
& /en 66
18. Vyriausioji tarnybinės etikos komisija (Chief Commission of Official Ethics); and
19. Žurnalistų etikos inspektoriaus tarnyba (Office of the Inspector of Journalists' Ethics).
3. Vyriausybės kanceliarija (Office of the Government)
Vyriausybei atskaitingos institucijos (Institutions Accountable to the Government):
1. Ginklų fondas (Weaponry Fund);
2. Informacinės visuomenės plėtros komitetas (Information Society Development
Committee);
3. Kūno kultūros ir sporto departamentas (Department of Physical Education and Sports);
4. Lietuvos archyvų departamentas (Lithuanian Archives Department);
5. Mokestinių ginčų komisija (Commission on Tax Disputes);
6. Statistikos departamentas (Department of Statistics);
7. Tautinių mažumų ir išeivijos departamentas (Department of National Minorities and
Lithuanians Living Abroad);
& /en 67
8. Valstybinė tabako ir alkoholio kontrolės tarnyba (State Tobacco and Alcohol Control
Service);
9. Viešųjų pirkimų tarnyba (Public Procurement Office);
10. Valstybinė atominės energetikos saugos inspekcija (State Nuclear Power Safety
Inspectorate);
11. Valstybinė duomenų apsaugos inspekcija (State Data Protection Inspectorate);
12. Valstybinė lošimų priežiūros komisija (State Gaming Control Commission);
13. Valstybinė maisto ir veterinarijos tarnyba (State Food and Veterinary Service);
14. Vyriausioji administracinių ginčų komisija (Chief Administrative Disputes
Commission);
15. Draudimo priežiūros komisija (Insurance Supervisory Commission);
16. Lietuvos valstybinis mokslo ir studijų fondas (Lithuanian State Science and Studies
Foundation);
17. Konstitucinis Teismas (Constitutional Court);
18. Lietuvos bankas (Bank of Lithuania).
& /en 68
4. Aplinkos ministerija (Ministry of Environment)
Įstaigos prie Aplinkos ministerijos (Institutions under the Ministry of Environment):
1. Generalinė miškų urėdija (Directorate General of State Forests);
2. Lietuvos geologijos tarnyba (Geological Survey of Lithuania);
3. Lietuvos hidrometeorologijos tarnyba (Lithuanian Hydrometereological Service);
4. Lietuvos standartizacijos departamentas (Lithuanian Standards Board);
5. Nacionalinis akreditacijos biuras (Lithuanian National Accreditation Bureau);
6. Valstybinė metrologijos tarnyba (State Metrology Service);
7. Valstybinė saugomų teritorijų tarnyba (State Service for Protected Areas);
8. Valstybinė teritorijų planavimo ir statybos inspekcija (State Territory Planning and
construction Inspectorate).
& /en 69
5. Finansų ministerija (Ministry of Finance)
Įstaigos prie Finansų ministerijos (Institutions under the Ministry of Finance):
1. Muitinės departamentas (Lithuania Customs);
2. Valstybės dokumentų technologinės apsaugos tarnyba (Service of Technological
Security of State Documents);
3. Valstybinė mokesčių inspekcija (State Tax Inspectorate);
4. Finansų ministerijos mokymo centras (Training Centre of the Ministry of Finance).
6. Krašto apsaugos ministerija (Ministry of National Defence)
Įstaigos prie Krašto apsaugos ministerijos (Institutions under the Ministry of National
Defence):
1. Antrasis operatyvinių tarnybų departamentas (Second Investigation Department);
2. Centralizuota finansų ir turto tarnyba (Centralised Finance and Property Service);
3. Karo prievolės administravimo tarnyba (Military Enrolment Administration Service);
4. Krašto apsaugos archyvas (National Defence Archives Service);
& /en 70
5. Krizių valdymo centras (Crisis Management Centre);
6. Mobilizacijos departamentas (Mobilisation Department);
7. Ryšių ir informacinių sistemų tarnyba (Communication and Information Systems
Service);
8. Infrastruktūros plėtros departamentas (Infrastructure Development Department);
9. Valstybinis pilietinio pasipriešinimo rengimo centras (Civil Resistance Centre);
10. Lietuvos kariuomenė (Lithuanian Armed Forces);
11. Krašto apsaugos sistemos kariniai vienetai ir tarnybos (Military Units and Services of
the National Defence System).
7. Kultūros ministerija (Ministry of Culture)
Įstaigos prie Kultūros ministerijos (Institutions under the Ministry of Culture):
1. Kultūros paveldo departamentas (Department for the Lithuanian Cultural Heritage);
2. Valstybinė kalbos inspekcija (State Language Commission).
& /en 71
8. Socialinės apsaugos ir darbo ministerija (Ministry of Social Security and Labour)
Įstaigos prie Socialinės apsaugos ir darbo ministerijos (Institutions under the Ministry of
Social Security and Labour):
1. Garantinio fondo administracija (Administration of Guarantee Fund);
2. Valstybės vaiko teisių apsaugos ir įvaikinimo tarnyba (State Child Rights
Protection and Adoption Service);
3. Lietuvos darbo birža (Lithuanian Labour Exchange);
4. Lietuvos darbo rinkos mokymo tarnyba (Lithuanian Labour Market Training
Authority);
5. Trišalės tarybos sekretoriatas (Tripartite Council Secretoriat);
6. Socialinių paslaugų priežiūros departamentas (Social Services Monitoring Department);
7. Darbo inspekcija (Labour Inspectorate);
8. Valstybinio socialinio draudimo fondo valdyba (State Social Insturance Fund Board);
& /en 72
9. Neįgalumo ir darbingumo nustatymo tarnyba (Disability and Working Capacity
Establishment Service);
10. Ginčų komisija (Disputes Commission);
11. Techninės pagalbos neįgaliesiems centras (State Centre of Compensatory Technique for
the Disabled);
12. Neįgaliųjų reikalų departamentas (Department of the Affairs of the Disabled).
9. Susisiekimo ministerija (Ministry of Transport and Communications)
Įstaigos prie Susisiekimo ministerijos (Institutions under the Ministry of Transport and
Communications):
1. Lietuvos automobilių kelių direkcija (Lithuanian Road Administration);
2. Valstybinė geležinkelio inspekcija (State Railway Inspectorate);
3. Valstybinė kelių transporto inspekcija (State Road Transport Inspectorate);
4. Pasienio kontrolės punktų direkcija (Border Control Points Directorate).
& /en 73
10. Sveikatos apsaugos ministerija (Ministry of Health)
Įstaigos prie Sveikatos apsaugos ministerijos (Institutions under the Ministry of Health):
1. Valstybinė akreditavimo sveikatos priežiūros veiklai tarnyba (State Health Care
Accreditation Agency);
2. Valstybinė ligonių kasa (State Patient Fund);
3. Valstybinė medicininio audito inspekcija (State Medical Audit Inspectorate);
4. Valstybinė vaistų kontrolės tarnyba (State Medicines Control Agency);
5. Valstybinė teismo psichiatrijos ir narkologijos tarnyba (Lithuanian Forensic Psychiatry
and Narcology Service);
6. Valstybinė visuomenės sveikatos priežiūros tarnyba (State Public Health Service);
7. Farmacijos departamentas (Department of Pharmacy);
8. Sveikatos apsaugos ministerijos Ekstremalių sveikatai situacijų centras (Health
Emergency Centre of the Ministry of Health);
9. Lietuvos bioetikos komitetas (Lithuanian Bioethics Committee);
10. Radiacinės saugos centras (Radiation Protection Centre).
& /en 74
11. Švietimo ir mokslo ministerija (Ministry of Education and Science)
Įstaigos prie Švietimo ir mokslo ministerijos (Institutions under the Ministry of Education and
Science):
1. Nacionalinis egzaminų centras (National Examination Centre);
2. Studijų kokybės vertinimo centras (Centre for Quality Assessment in Higher
Education).
12. Teisingumo ministerija (Ministry of Justice)
Įstaigos prie Teisingumo ministerijos (Institutions under the Ministry of Justice):
1. Kalėjimų departamentas (Department of Imprisonment Establishments);
2. Nacionalinė vartotojų teisių apsaugos taryba (National Consumer Rights Protection
Board);
3. Europos teisės departamentas (European Law Department).
13. Ūkio ministerija (Ministry of Economy)
Įstaigos prie Ūkio ministerijos (Institutions under the Ministry of Economy):
1. Įmonių bankroto valdymo departamentas (Enterprise Bankruptcy Management
Department);
& /en 75
2. Valstybinė energetikos inspekcija (State Energy Inspectorate);
3. Valstybinė ne maisto produktų inspekcija (State Non Food Products Inspectorate);
4. Valstybinis turizmo departamentas (Lithuanian State Department of Tourism).
14. Užsienio reikalų ministerija (Ministry of Foreign Affairs):
1. Diplomatinės atstovybės ir konsulinės įstaigos užsienyje bei atstovybės prie tarptautinių
organizacijų (Diplomatic Missions and Consular as well as Representations to
International Organisations).
15. Vidaus reikalų ministerija (Ministry of the Interior):
Įstaigos prie Vidaus reikalų ministerijos (Institutions under the Ministry of the Interior):
1. Asmens dokumentų išrašymo centras (Personalisation of Identity Documents Centre);
2. Finansinių nusikaltimų tyrimo tarnyba (Financial Crime Investigation Service);
3. Gyventojų registro tarnyba (Residents' Register Service);
4. Policijos departamentas (Police Department);
& /en 76
5. Priešgaisrinės apsaugos ir gelbėjimo departamentas (Fire-Prevention and Rescue
Department);
6. Turto valdymo ir ūkio departamentas (Property Management and Economics
Department);
7. Vadovybės apsaugos departamentas (VIP Protection Department);
8. Valstybės sienos apsaugos tarnyba (State Border Guard Department);
9. Valstybės tarnybos departamentas (Civil Service Department);
10. Informatikos ir ryšių departamentas (IT and Communications Department);
11. Migracijos departamentas (Migration Department);
12. Sveikatos priežiūros tarnyba (Health Care Department);
13. Bendrasis pagalbos centras (Emergency Response Centre).
16. Žemės ūkio ministerija (Ministry of Agriculture)
Įstaigos prie Žemės ūkio ministerijos (Institutions under the Ministry of Agriculture):
1. Nacionalinė mokėjimo agentūra (National Paying Agency);
& /en 77
2. Nacionalinė žemės tarnyba (National Land Service);
3. Valstybinė augalų apsaugos tarnyba (State Plant Protection Service);
4. Valstybinė gyvulių veislininkystės priežiūros tarnyba (State Animal Breeding
Supervision Service);
5. Valstybinė sėklų ir grūdų tarnyba (State Seed and Grain Service);
6. Žuvininkystės departamentas (Fisheries Department).
17. Teismai (Courts):
1. Lietuvos Aukščiausiasis Teismas (The Supreme Court of Lithuania);
2. Lietuvos apeliacinis teismas (The Court of Appeal of Lithuania);
3. Lietuvos vyriausiasis administracinis teismas (The Supreme Administrative Court of
Lithuania);
4. Apygardų teismai (County courts);
5. Apygardų administraciniai teismai (County administrative courts);
& /en 78
6. Apylinkių teismai (District courts);
7. Nacionalinė teismų administracija (National Courts Administration) Generalinė
prokuratūra (The Prosecutor's Office).
LUXEMBOURG
1. Ministère des Affaires Étrangères et de l'Immigration: Direction de la Défense (Armée).
2. Ministère de l'Agriculture, de la Viticulture et du Développement Rural: Administration des
Services Techniques de l'Agriculture.
3. Ministère de l'Éducation nationale et de la Formation professionnelle: Lycée d'Enseignement
Secondaire et d'Enseignement Secondaire Technique.
4. Ministère de l'Environnement: Administration de l'EnvironnementMinistère de la Famille et
de l'Intégration: Maisons de retraite
5. Ministère de la Fonction publique et de la Réforme administrative: Service Central des
Imprimés et des Fournitures de l'État – Centre des Technologies de l'informatique de l'État.
6. Ministère de l'Intérieur et de l'Aménagement du territoire: Police Grand-Ducale Luxembourg–
Inspection générale de Police.
& /en 79
7. Ministère de la Justice: Établissements Pénitentiaires24. Ministère de la Santé: Centre
hospitalier neuropsychiatrique.
8. Ministère des Travaux publics: Bâtiments Publics – Ponts et Chaussées.
HUNGARY
1. Nemzeti Erőforrás Minisztérium (Ministry of National Resources);
2. Vidékfejlesztési Minisztérium (Ministry of Rural Development);
3. Nemzeti Fejlesztési Minisztérium (Ministry of National Development);
4. Honvédelmi Minisztérium (Ministry of Defence);
5. Közigazgatási és Igazságügyi Minisztérium (Ministry of Public Administration and Justice);
6. Nemzetgazdasági Minisztérium (Ministry for National Economy);
7. Külügyminisztérium (Ministry of Foreign Affairs);
8. Miniszterelnöki Hivatal (Prime Minister's Office);
& /en 80
9. Belügyminisztérium, (Ministry of Internal Affairs);
10. Központi Szolgáltatási Főigazgatóság (Central Services Directorate).
MALTA
1. Uffiċċju tal-Prim Ministru (Office of the Prime Minister);
2. Ministeru għall-Familja u Solidarjeta' Soċjali (Ministry for the Family and Social Solidarity);
3. Ministeru ta' l-Edukazzjoni Zghazagh u Impjieg (Ministry for Education Youth and
Employment);
4. Ministeru tal-Finanzi (Ministry of Finance);
5. Ministeru tar-Riżorsi u l-Infrastruttura (Ministry for Resources and Infrastructure);
6. Ministeru tat-Turiżmu u Kultura (Ministry for Tourism and Culture);
7. Ministeru tal-Ġustizzja u l-Intern (Ministry for Justice and Home Affairs);
& /en 81
8. Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the
Environment);
9. Ministeru għal Għawdex (Ministry for Gozo);
10. Ministeru tas-Saħħa, l-Anzjani u Kura fil-Kommunita' (Ministry of Health, the Elderly and
Community Care);
11. Ministeru ta' l-Affarijiet Barranin (Ministry of Foreign Affairs);
12. Ministeru għall-Investimenti, Industrija u Teknologija ta' Informazzjoni (Ministry for
Investment, Industry and Information Technology);
13. Ministeru għall-Kompetittivà u Komunikazzjoni (Ministry for Competitiveness and
Communications);
14. Ministeru għall-Iżvilupp Urban u Toroq (Ministry for Urban Development and Roads);
15. L-Uffiċċju tal-President (Office of the President);
16. Uffiċċju ta 'l-iskrivan tal-Kamra tad-Deputati (Office of the Clerk of the House of
Representatives).
& /en 82
NETHERLANDS
1. Ministerie Van Algemene Zaken (Ministry of General Affairs):
-Bestuursdepartement (Central policy and staff departments);
-Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid (Advisory Council on
Government Policy);
-Rijksvoorlichtingsdienst (The Netherlands Government Information Service).
2. Ministerie Van Binnenlandse Zaken En Koninkrijksrelaties (Ministry of The Interior):
-Bestuursdepartement (Central policy and staff departments);
-Centrale Archiefselectiedienst (CAS) (Central Records Selection Service);
-Algemene Inlichtingen- en Veiligheidsdienst (AIVD) (General Intelligence and Security Service);
-Agentschap Basisadministratie Persoonsgegevens en Reisdocumenten (BPR) (Personnel Records
and Travel Documents Agency);
-Agentschap Korps Landelijke Politiediensten (National Police Services Agency).
& /en 83
3. Ministerie Van Buitenlandse Zaken (Ministry of Foreign Affairs):
-Directoraat-generaal Regiobeleid en Consulaire Zaken (DGRC) (Directorate-general for Regional
Policy and Consular Affairs);
-Directoraat-generaal Politieke Zaken (DGPZ) (Directorate-general for Political Affairs);
-Directoraat-generaal Internationale Samenwerking (DGIS) (Directorate-general for International
Cooperation);
-Directoraat-generaal Europese Samenwerking (DGES) (Directorate-general for European
Cooperation);
-Centrum tot Bevordering van de Import uit Ontwikkelingslanden (CBI) (Centre for the Promotion
of Imports from Developing Countries);
-Centrale diensten ressorterend onder S/PlvS ) (Support services falling under the Secretary general
and Deputy Secretary-general);
-Buitenlandse Posten (ieder afzonderlijk) (the various Foreign Missions).
& /en 84
4. Ministerie Van Defensie (Ministry of Defence):
-Bestuursdepartement (Central policy and staff departments);
-Commando Diensten Centra (CDC) (Support Command);
-Defensie Telematica Organisatie (DTO) (Defence Telematics Organisation);
-Centrale directie van de Defensie Vastgoed Dienst (Defence Real Estate Service, Central
Directorate);
-De afzonderlijke regionale directies van de Defensie Vastgoed Dienst (Defence Real Estate
Service, Regional Directorates);
-Defensie Materieel Organisatie (DMO) (Defence Material Organisation);
-Landelijk Bevoorradingsbedrijf van de Defensie Materieel Organisatie (National Supply Agency of
the Defence Material Organisation);
-Logistiek Centrum van de Defensie Materieel Organisatie (Logistic Centre of the Defence Material
Organisation);
& /en 85
-Marinebedrijf van de Defensie Materieel Organisatie (Maintenance Establishment of the Defence
Material Organisation);
-Defensie Pijpleiding Organisatie (DPO) (Defence Pipeline Organisation).
5. Ministerie Van Economische Zaken (Ministry of Economic Affairs):
-Bestuursdepartement (Central policy and staff departments);
-Centraal Planbureau (CPB) (Netherlands Bureau for Economic Policy Analyses);
-Bureau voor de Industriële Eigendom (BIE) (Industrial Property Office);
-SenterNovem (SenterNovem – Agency for sustainable innovation);
-Staatstoezicht op de Mijnen (SodM) (State Supervision of Mines);
-Nederlandse Mededingingsautoriteit (NMa) (Netherlands Competition Authority);
-Economische Voorlichtingsdienst (EVD) (Netherlands Foreign Trade Agency);
-Agentschap Telecom (Radiocommunications Agency);
& /en 86
-Kenniscentrum Professioneel & Innovatief Aanbesteden, Netwerk voorOverheidsopdrachtgevers
(PIANOo) (Professional and innovative procurement, network for contracting authorities);
-Octrooicentrum Nederland (Netherlands Patent Office).
6. Ministerie Van Financiën (Ministry of Finance):
-Bestuursdepartement (Central policy and staff departments);
-Belastingdienst Automatiseringscentrum (Tax and Custom Computer and Software Centre);
-Belastingdienst (Tax and Customs Administration);
-de afzonderlijke Directies der Rijksbelastingen (the various Divisions of the Tax and Customs
Administration throughout the Netherlands);
-Fiscale Inlichtingen- en Opsporingsdienst (incl. Economische Controle dienst (ECD) (Fiscal
Information and Investigation Service (the Economic Investigation Service included);
-Belastingdienst Opleidingen (Tax and Customs Training Centre);
-Dienst der Domeinen (State Property Service).
& /en 87
7. Ministerie Van Justitie (Ministry of Justice):
-Bestuursdepartement (Central policy and staff departments);
-Dienst Justitiële Inrichtingen (Correctional Institutions Agency);
-Raad voor de Kinderbescherming (Child Care and Protection Agency);
-Centraal Justitie Incasso Bureau (Central Fine Collection Agency);
-Openbaar Ministerie (Public Prosecution Service);
-Immigratie en Naturalisatiedienst (Immigration and Naturalisation Service);
-Nederlands Forensisch Instituut (Netherlands Forensic Institute).
8. Van Landbouw, Natuur En Voedselkwaliteit (Ministry of Agriculture, Nature and Food
Quality):
-Bestuursdepartement (Central policy and staff departments);
-Dienst Regelingen (DR) (National Service for the Implementation of Regulations (Agency));
& /en 88
-Agentschap Plantenziektenkundige Dienst (PD) (Plant Protection Service (Agency));
-Algemene Inspectiedienst (AID) (General Inspection Service);
-Dienst Landelijk Gebied (DLG) (Government Service for Sustainable Rural Development);
-Voedsel en Waren Autoriteit (VWA) (Food and Consumer Product Safety Authority).
9. Ministerie Van Onderwijs, Cultuur en Wetenschappen (Ministry of Education, Culture and
Science):
-Bestuursdepartement (Central policy and staff departments);
-Inspectie van het Onderwijs (Inspectorate of Education);
-Erfgoedinspectie (Inspectorate of Heritage);
-Centrale Financiën Instellingen (Central Funding of Institutions Agency);
-Nationaal Archief (National Archives);
& /en 89
-Adviesraad voor Wetenschaps- en Technologiebeleid (Advisory Council for Science and
Technology Policy);
-Onderwijsraad (Education Council);
-Raad voor Cultuur (Council for Culture).
10. Ministerie Van Sociale Zaken En Werkgelegenheid (Ministry of Social Affairs and
Employment):
-Bestuursdepartement (Central policy and staff departments);
-Inspectie Werk en Inkomen (The Work and Income Inspectorate);
-Agentschap SZW- (SZW Agency).
11. Van Verkeer en Waterstaat (Ministry of Transport, Public Works and Water management):
-Bestuursdepartement (Central policy and staff departments);
-Directoraat-Generaal Transport en Luchtvaart (Directorate-general for Transport and Civil
Aviation);
& /en 90
-Directoraat-generaal Personenvervoer Directorate-general for Passenger Transport);
-Directoraat-generaal Water (Directorate-general of Water Affairs);
-Centrale diensten (Central Services);
-Shared services Organisatie Verkeer en Watersaat (Shared Services Organisation Transport and
Water Management) (new organisation);
-Koninklijke Nederlandse Meteorologisch Instituut KNMI (Royal Netherlands Meteorological
Institute);
-Rijkswaterstaat, Bestuur (Public Works and Water Management, Board);
-De afzonderlijke regionale Diensten van Rijkswaterstaat (Each individual regional service of the
Directorate-general of Public Works and Water Management);
-De afzonderlijke specialistische diensten van Rijkswaterstaat (Each individual specialist service of
the Directorate-general of Public Works and Water Management);
-Adviesdienst Geo-Informatie en ICT (Advisory Council for Geo-information and ICT);
-Adviesdienst Verkeer en Vervoer (AVV) (Advisory Council for Traffic and Transport);
-Bouwdienst (Service for Construction);
& /en 91
-Rijksinstituut voor Kust en Zee (RIKZ) (National Institute for Coastal and Marine Management);
-Rijksinstituut voor Integraal Zoetwaterbeheer en Afvalwaterbehandeling (RIZA) (National
Institute for Sweet Water Management and Water Treatment);
-Toezichthouder Beheer Eenheid Lucht Management Unit "Air";
-Toezichthouder Beheer Eenheid Water Management Unit "Water";
-Toezichthouder Beheer Eenheid Land Management Unit "Land".
12. Ministerie Van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer (Ministry For
Housing, Spatial Planning and The Environment):
-Bestuursdepartement (Central Policy and Staff Departments);
-Directoraat-generaal Wonen, Wijken en Integratie (Directorate General for Housing, Communities
and Integration);
-Directoraat-generaal Ruimte (Directorate General for Spatial Policy);
-Directoraat-general Milieubeheer (Directorate General for Environmental Protection);
& /en 92
-Rijksgebouwendienst (Government Buildings Agency);
-VROM Inspectie (Inspectorate).
13. Ministerie Van Volksgezondheid, Welzijn En Sport (Ministry Of Health, Welfare And
Sports):
-Bestuursdepartement (Central policy and staff departments);
-Inspectie Gezondheidsbescherming, Waren en Veterinaire Zaken (Inspectorate for Health
Protection and Veterinary Public Health);
-Inspectie Gezondheidszorg (Health Care Inspectorate);
-Inspectie Jeugdhulpverlening en Jeugdbescherming (Youth Services and Youth Protection
Inspectorate);
-Rijksinstituut voor de Volksgezondheid en Milieu (RIVM) (National Institute of Public Health and
Environment);
-Sociaal en Cultureel Planbureau (Social and Cultural Planning Office);
-Agentschap t.b.v. het College ter Beoordeling van Geneesmiddelen (Medicines Evaluation Board
Agency).
& /en 93
14. Tweede Kamer Der Staten-Generaal (Second Chamber Of The States General);
15. Eerste Kamer Der Staten-Generaal (First Chamber Of The States General);
16. Raad Van State (Council of State);
17. Algemene Rekenkamer (Netherlands Court Of Audit);
18. Nationale Ombudsman (National Ombudsman);
19. Kanselarij Der Nederlandse Orden (Chancellery of the Netherlands Order);
20. Kabinet Der Koningin (Queen's Cabinet);
21. Raad Voor De Rechtspraak En De Rechtbanken (Judicial Management and Advisory Board
and Courts of Law).
AUSTRIA
A/Present coverage of entities:
1. Bundeskanzleramt (Federal Chancellery);
& /en 94
2. Bundesministerium für Europäische und Internationale Angelegenheiten (Federal Ministry for
European and International Affairs;
3. Bundesministerium für Finanzen (Federal Ministry of Finance);
4. Bundesministerium für Gesundheit (Federal Ministry of Health);
5. Bundesministerium für Inneres (Federal Ministry of Interior);
6. Bundesministerium für Justiz (Federal Ministry of Justice);
7. Bundesministerium für Landesverteidigung und Sport (Federal Ministry of Defence and
Sport);
8. Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft (Federal
Ministry for Agriculture and Forestry, the Environment and Water Management);
9. Bundesministerium für Arbeit, Soziales und Konsumentenschutz (Federal Ministry for
Employment, Social Affairs and Consumer Protection);
10. Bundesministerium für Unterricht, Kunst und Kultur (Federal Ministry for Education, Art and
Culture);
& /en 95
11. Bundesministerium für Verkehr, Innovation und Technologie (Federal Ministry for Transport,
Innovation and Technology);
12. Bundesministerium für Wirtschaft, Familie und Jugend (Federal Ministry for Economic
Affairs, Family and Youth);
13. Bundesministerium für Wissenschaft und Forschung (Federal Ministry for Science and
Research);
14. Bundesamt für Eich- und Vermessungswesen (Federal Office for Calibration and
Measurement);
15. Österreichische Forschungs- und Prüfzentrum Arsenal Gesellschaft m.b.H (Austrian Research
and Test Centre Arsenal Ltd);
16. Bundesanstalt für Verkehr (Federal Institute for Traffic);
17. Bundesbeschaffung G.m.b.H (Federal Procurement Ltd);
18. Bundesrechenzentrum G.m.b.H (Federal Data Processing Centre Ltd);
B/ All other central public authorities including their regional and local sub-divisions provided that
they do not have an industrial or commercial character.
& /en 96
POLAND
1. Kancelaria Prezydenta RP (Chancellery of the President);
2. Kancelaria Sejmu RP (Chancellery of the Sejm);
3. Kancelaria Senatu RP (Chancellery of the Senate);
4. Kancelaria Prezesa Rady Ministrów (Chancellery of the Prime Minister);
5. Sąd Najwyższy (Supreme Court);
6. Naczelny Sąd Administracyjny (Supreme Administrative Court);
7. Trybunat Konstytucyjny (Constitutional Court);
8. Najwyższa Izba Kontroli (Supreme Chamber of Control);
9. Biuro Rzecznika Praw Obywatelskich (Office of the Human Rights Defender);
10. Biuro Rzecznika Praw Dziecka (Office of the Children's Rigths Ombudsman);
11. Ministerstwo Pracy i Polityki Społecznej (Ministry of Labour and Social Policy);
& /en 97
12. Ministerstwo Finansów (Ministry of Finance);
13. Ministerstwo Gospodarki (Ministry of Economy);
14. Ministerstwo Rozwoju Regionalnego (Ministry of Regional Development);
15. Ministerstwo Kultury i Dziedzictwa Narodowego (Ministry of Culture and National
Heritage);
16. Ministerstwo Edukacji Narodowej (Ministry of National Education);
17. Ministerstwo Obrony Narodowej (Ministry of National Defence);
18. Ministerstwo Rolnictwa i Rozwoju Wsi (Ministry of Agriculture and Rural Development);
19. Ministerstwo Skarbu Państwa (Ministry of the State Treasury);
20. Ministerstwo Sprawiedliwości (Ministry of Justice);
21. Ministerstwo Transportu, Budownictwa i Gospodarki Morskiej (Ministry of Transport,
Construction and Maritime Economy);
& /en 98
22. Ministerstwo Nauki i Szkolnictwa Wyższego (Ministry of Science and Higher Education);
23. Ministerstwo Środowiska (Ministry of Environment);
24. Ministerstwo Spraw Wewnętrznych (Ministry of Internal Affairs);
25. Ministrestwo Administracji i Cyfryzacji (Ministry of Administration and Digitisation);
26. Ministerstwo Spraw Zagranicznych (Ministry of Foreign Affairs);
27. Ministerstwo Zdrowia (Ministry of Health);
28. Ministerstwo Sportu i Turystyki (Ministry of Sport and Tourism);
29. Urząd Patentowy Rzeczypospolitej Polskiej (Patent Office of the Republic of Poland);
30. Urząd Regulacji Energetyki (The Energy Regulatory Authority of Poland);
31. Urząd do Spraw Kombatantów i Osób Represjonowanych (Office for Military Veterans and
Victims of Repression);
32. Urząd Transportu Kolejowego (Office for Railroad Transport);
& /en 99
33. Urząd do Spraw Cudzoziemców (Office for Foreigners);
34. Urząd Zamówień Publicznych (Public Procurement Office);
35. Urząd Ochrony Konkurencji i Konsumentów (Office for Competition and Consumer
Protection);
36. Urząd Lotnictwa Cywilnego (Civil Aviation Office);
37. Urząd Komunikacji Elektronicznej (Office of Electronic Communication);
38. Wyższy Urząd Górniczy (State Mining Authority);
39. Główny Urząd Miar (Main Office of Measures);
40. Główny Urząd Geodezji i Kartografii (The Main Office of Geodesy and Cartography);
41. Główny Urząd Nadzoru Budowlanego (The General Office of Building Control);
42. Główny Urząd Statystyczny (Main Statistical Office);
43. Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council);
& /en 100
44. Generalny Inspektor Ochrony Danych Osobowych (Inspector General for the Protection of
Personal Data);
45. Państwowa Komisja Wyborcza (State Election Commission);
46. Państwowa Inspekcja Pracy (National Labour Inspectorate);
47. Rządowe Centrum Legislacji (Government Legislation Centre);
48. Narodowy Fundusz Zdrowia (National Health Fund);
49. Polska Akademia Nauk (Polish Academy of Science);
50. Polskie Centrum Akredytacji (Polish Accreditation Centre);
51. Polskie Centrum Badań i Certyfikacji (Polish Centre for Testing and Certification);
52. Polski Komitet Normalizacyjny (Polish Committee for Standardisation);
53. Zakład Ubezpieczeń Społecznych (Social Insurance Institution);
54. Komisja Nadzoru Finansowego (Polish Financial Supervision Authority);
55. Naczelna Dyrekcja Archiwów Państwowych (Head Office of State Archives);
& /en 101
56. Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund);
57. Generalna Dyrekcja Dróg Krajowych i Autostrad (The General Directorate of National Roads
and Motorways);
58. Główny Inspektorat Ochrony Roślin i Nasiennictwa (The Main Inspectorate for the Inspection
of Plant and Seeds Protection);
59. Komenda Główna Państwowej Straży Pożarnej (The National Headquarters of the State Fire-
Service);
60. Komenda Główna Policji (Polish National Police);
61. Komenda Główna Straży Granicxnej (The Chief Boarder Guards Command);
62. Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych (The Main
Inspectorate of Commercial Quality of Agri-Food Products);
63. Główny Inspektorat Ochrony Środowiska (The Main Inspectorate for Environment
Protection);
64. Główny Inspektorat Transportu Drogowego (Main Inspectorate of Road Transport);
65. Główny Inspektorat Farmaceutyczny (Main Pharmaceutical Inspectorate);
& /en 102
66. Główny Inspektorat Sanitarny (Main Sanitary Inspectorate);
67. Główny Inspektorat Weterynarii (The Main Veterinary Inspectorate);
68. Agencja Bezpieczeństwa Wewnętrznego (Internal Security Agency);
69. Agencja Wywiadu (Foreign Intelligence Agency);
70. Agencja Mienia Wojskowego (Agency for Military Property);
71. Agencja Restrukturyzacji i Modernizacji Rolnictwa (Agency for Restructuring and
Modernisation of Agriculture);
72. Agencja Rynku Rolnego (Agriculture Market Agency);
73. Agencja Nieruchomości Rolnych (Agricultural Property Agency);
74. Państwowa Agencja Atomistyki (National Atomic Energy Agency);
75. Narodowy Bank Polski (National Bank of Poland);
76. Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej (The National Fund for
Environmental Protection and Water Management);
& /en 103
77. Państwowy Fundusz Rehabilitacji Osób Niepełnosprawnych (National Disabled Persons
Rehabilitation Fund);
78. Instytut Pamięci Narodowej - Komisja Ścigania Zbrodni Przeciwko Narodowi Polskiemu
(National Remembrance Institute - Commission for Prosecution of Crimes Against the Polish
Nation).
PORTUGAL
1. Presidência do Conselho de Ministros (Presidency of the Council of Ministers);
2. Ministério das Finanças (Ministry of Finance);
3. Ministério da Defesa Nacional (Ministry of Defence);
4. Ministério dos Negócios Estrangeiros e das Comunidades Portuguesas (Ministry of Foreign
Affairs and Portuguese Communities);
5. Ministério da Administração Interna (Ministry of Internal Affairs);
6. Ministério da Justiça (Ministry of Justice);
7. Ministério da Economia (Ministry of Economy);
& /en 104
8. Ministério da Agricultura, Desenvolvimento Rural e Pescas (Ministry of Agriculture, Rural
Development and Fishing);
9. Ministério da Educação (Ministry of Education);
10. Ministério da Ciência e do Ensino Superior (Ministry of Science and University Education);
11. Ministério da Cultura (Ministry of Culture);
12. Ministério da Saúde (Ministry of Health);
13. Ministério do Trabalho e da Solidariedade Social (Ministry of Labour and Social Solidarity);
14. Ministério das Obras Públicas, Transportes e Habitação (Ministry of Public Works,
Transports and Housing);
15. Ministério das Cidades, Ordenamento do Território e Ambiente (Ministry of Cities, Land
Management and Environment);
16. Ministério para a Qualificação e o Emprego (Ministry for Qualification and Employment);
& /en 105
17. Presidença da Republica (Presidency of the Republic);
18. Tribunal Constitucional (Constitutional Court);
19. Tribunal de Contas (Court of Auditors);
20. Provedoria de Justiça (Ombudsman).
ROMANIA
1. Administraţia Prezidenţială (Presidential Administration);
2. Senatul României (Romanian Senate);
3. Camera Deputaţilor (Chamber of Deputies);
4. Inalta Curte de Casaţie şi Justiţie (Supreme Court);
5. Curtea Constituţională (Constitutional Court);
6. Consiliul Legislativ (Legislative Council);
7. Curtea de Conturi (Court of Accounts);
& /en 106
8. Consiliul Superior al Magistraturii (Superior Council of Magistracy);
9. Parchetul de pe lângă Inalta Curte de Casaţie şi Justiţie (Prosecutor's Office Attached to the
Supreme Court);
10. Secretariatul General al Guvernului (General Secretariat of the Government);
11. Cancelaria primului ministru (Chancellery of the Prime Minister);
12. Ministerul Afacerilor Externe (Ministry of Foreign Affairs);
13. Ministerul Economiei şi Finanţelor (Ministry of Economy and Finance);
14. Ministerul Justiţiei (Ministry of Justice);
15. Ministerul Apărării (Ministry of Defense);
16. Ministerul Internelor şi Reformei Administrative (Ministry of Interior and Administration
Reform);
17. Ministerul Muncii, Familiei şi Egalităţii de Șanse (Ministry of Labour and Equal
Opportunities);
& /en 107
18. Ministerul pentru Întreprinderi Mici şi Mijlocii, Comerţ, Turism şi Profesii Liberale (Ministry
for Small and Medium Sized Enterprises, Trade, Tourism and Liberal Professions);
19. Ministerul Agriculturii şi Dezvoltării Rurale (Ministry of Agricultural and Rural
Development);
20. Ministerul Transporturilor (Ministry of Transport);
21. Ministerul Dezvoltării, Lucrărilor Publice şi Locuinţei (Ministry of Development, Public,
Works and Housing);
22. Ministerul Educaţiei, Cercetării şi Tineretului (Ministry of Education, Research and Youth);
23. Ministerul Sănătăţii Publice (Ministry of Public Health);
24. Ministerul Culturii şi Cultelor (Ministry of Culture and Religious Affairs);
25. Ministerul Comunicaţiilor şi Tehnologiei Informaţiei (Ministry of Communications and
Information Technology);
26. Ministerul Mediului şi Dezvoltării Durabile (Ministry of Environment and Sustainable
Development);
& /en 108
27. Serviciul Român de Informaţii (Romanian Intelligence Service);
28. Serviciul Român de Informaţii Externe (Romanian Foreign Intelligence Service);
29. Serviciul de Protecţie şi Pază (Protection and Guard Service);
30. Serviciul de Telecomunicaţii Speciale (Special Telecommunication Service);
31. Consiliul Naţional al Audiovizualului (The National Audiovisual Council);
32. Direcţia Naţională Anticorupţie (National Anti-corruption Department);
33. Inspectoratul General de Poliţie (General Inspectorate of Police);
34. Autoritatea Naţională pentru Reglementarea şi Monitorizarea Achiziţiilor Publice (National
Authority for Regulation and Monitoring Public Procurement);
35. Autoritatea Naţională de Reglementare pentru Serviciile Comunitare de Utilităţi Publice
(ANRSC) (National Authority for Regulating Community Services Public Utilities);
36. Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor (Sanitary
Veterinary and Food Safety National Authority);
& /en 109
37. Autoritatea Naţională pentru Protecţia Consumatorilor (National Authority for Consumer
Protection);
38. Autoritatea Navală Română (Romanian Naval Authority);
39. Autoritatea Feroviară Română (Romanian Railway Authority);
40. Autoritatea Rutieră Română (Romanian Road Authority);
41. Autoritatea Naţională pentru Protecţia Drepturilor Copilului-şi Adopţie (National Authority
for the Protection of Child Rights and Adoption);
42. Autoritatea Naţională pentru Persoanele cu Handicap (National Authority for Disabled
Persons);
43. Autoritatea Naţională pentru Tineret (National Authority for Youth);
44. Autoritatea Naţională pentru Cercetare Știinţifică (National Authority for Scientific
Research);
45. Autoritatea Naţională pentru Comunicaţii (National Authority for Communications);
46. Autoritatea Naţională pentru Serviciile Societăţii Informaţionale (National Authority for
Informational Society Services);
& /en 110
47. Autoritatea Electorală Permanentă (Permanent Electoral Authority);
48. Agenţia pentru Strategii Guvernamentale (Agency for Governmental Strategies);
49. Agenţia Naţională a Medicamentului (National Medicines Agency);
50. Agenţia Naţională pentru Sport (National Agency for Sports);
51. Agenţia Naţională pentru Ocuparea Forţei de Muncă (National Agency for Employment);
52. Agenţia Naţională de Reglementare în Domeniul Energiei (National Authority for Electrical
Energy Regulation);
53. Agenţia Română pentru Conservarea Energiei (Romanian Agency for Power Conservation);
54. Agenţia Naţională pentru Resurse Minerale (National Agency for Mineral Resources);
55. Agenţia Română pentru Investiţii Străine (Romanian Agency for Foreign Investment);
56. Agenţia Naţională a Funcţionarilor Publici (National Agency of Public Civil Servants);
57. Agenţia Naţională de Administrare Fiscală (National Agency of Fiscal Administration).
& /en 111
SLOVENIA
1. Predsednik Republike Slovenije (President of the Republic of Slovenia);
2. Državni zbor (The National Assembly);
3. Državni svet (The National Council);
4. Varuh človekovih pravic (The Ombudsman);
5. Ustavno sodišče (The Constitutional Court);
6. Računsko sodišče (The Court of Audits);
7. Državna revizijska komisja (The National Review Commission);
8. Slovenska akademija znanosti in umetnosti (The Slovenian Academy of Science and Art);
9. Vladne službe (The Government Services);
10. Ministrstvo za finance (Ministry of Finance);
11. Ministrstvo za notranje zadeve (Ministry of Internal Affairs);
& /en 112
12. Ministrstvo za zunanje zadeve (Ministry of Foreign Affairs);
13. Ministrstvo za obrambo (Ministry of Defence);
14. Ministrstvo za pravosodje (Ministry of Justice);
15. Ministrstvo za gospodarstvo (Ministry of the Economy);
16. Ministrstvo za kmetijstvo, gozdarstvo in prehrano (Ministry of Agriculture, Forestry and
Food);
17. Ministrstvo za promet (Ministry of Transport);
18. Ministrstvo za okolje, prostor in energijo (Ministry of Environment, Spatial Planning and
Energy);
19. Ministrstvo za delo, družino in socialne zadeve (Ministry of Labour, Family and Social
Affairs);
20. Ministrstvo za zdravje (Ministry of Health);
21. Ministrstvo za visoko šolstvo, znanost in tehnogijo (Ministry of Higher Education, Science
and Technology);
& /en 113
22. Ministrstvo za kulturo (Ministry of Culture);
23. Ministerstvo za javno upravo (Ministry of Public Administration);
24. Vrhovno sodišče Republike Slovenije (The Supreme Court of the Republic of Slovenia);
25. Višja sodišča (Higher Courts);
26. Okrožna sodišča (District Courts);
27. Okrajna sodišča (County Courts);
28. Vrhovno tožilstvo Republike Slovenije (The Supreme Prosecutor of the Republic of
Slovenia);
29. Okrožna državna tožilstva (Districts' State Prosecutors);
30. Družbeni pravobranilec Republike Slovenije (Social Attorney of the Republic of Slovenia);
31. Državno pravobranilstvo Republike Slovenije (National Attorney of the Republic of
Slovenia);
& /en 114
32. Upravno sodišče Republike Slovenije (Administrative Court of the Republic of Slovenia);
33. Senat za prekrške Republike Slovenije (Senat of Minor Offenses of the Republic of Slovenia);
34. Višje delovno in socialno sodišče v Ljubljani (Higher Labour and Social Court);
35. Delovna in sodišča (Labour Courts);
36. Upravne note (Local Administrative Units).
SLOVAKIA
Ministries and other central government authorities referred to as in Act No. 575/2001 Coll. on the
structure of activities of the Government and central state administration authorities in wording of
later amendments:
1. Ministerstvo hospodárstva Slovenskej republiky (Ministry of Economy of the Slovak
Republic);
2. Ministerstvo financií Slovenskej republiky (Ministry of Finance of the Slovak Republic);
& /en 115
3. Ministerstvo dopravy, výstavby a regionálneho rozvoja Slovenskej republiky (Ministry of
Transport, Construction and Regional Development of the Slovak Republic);
4. Ministerstvo pôdohospodárstva a rozvoja vidieka Slovenskej republiky (Ministry of
Agriculture and Rural Development of the Slovak Republic);
5. Ministerstvo vnútra Slovenskej republiky (Ministry of Interior of the Slovak Republic);
6. Ministerstvo obrany Slovenskej republiky (Ministry of Defence of the Slovak Republic);
7. Ministerstvo spravodlivosti Slovenskej republiky (Ministry of Justice of the Slovak
Republic);
8. Ministerstvo zahraničných vecí Slovenskej republiky (Ministry of Foreign Affairs of the
Slovak Republic);
9. Ministerstvo práce, sociálnych vecí a rodiny Slovenskej republiky (Ministry of Labour, Social
Affairs and Family of the Slovak Republic);
10. Ministerstvo životného prostredia Slovenskej republiky (Ministry of Environment of the
Slovak Republic);
11. Ministerstvo školstva, vedy, výskumu a športu Slovenskej republiky (Ministry of Education,
Science, Research and Sport of the Slovak Republic);
& /en 116
12. Ministerstvo kultúry Slovenskej republiky (Ministry of Culture of the Slovak Republic);
13. Ministerstvo zdravotníctva Slovenskej republiky (Ministry of Health Service of the Slovak
Republic);
14. Úrad vlády Slovenskej republiky (The Government Office of the Slovak Republic);
15. Protimonopolný úrad Slovenskej republiky (Antimonopoly Office of the Slovak Republic);
16. Štatistický úrad Slovenskej republiky (Statistical Office of the Slovak Republic);
17. Úrad geodézie, kartografie a katastra Slovenskej republiky (The Office of Land Surveyor,
Cartography and Cadastre of the Slovak Republic);
18. Úrad pre normalizáciu, metrológiu a skúšobníctvo Slovenskej republiky (Slovak Office of
Standards, Metrology and Testing);
19. Úrad pre verejné obstarávanie (The Office for Public Procurement);
20. Úrad priemyselného vlastníctva Slovenskej republiky (Industrial Property Office of the
Slovak Republic);
& /en 117
21. Národný bezpečnostný úrad (National Security Authority);
22. Kancelária Prezidenta Slovenskej republiky (The Office of the President of the Slovak
Republic);
23. Národná rada Slovenskej republiky (National Council of the Slovak Republic);
24. Ústavný súd Slovenskej republiky (Constitutional Court of the Slovak Republic);
25. Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic);
26. Generálna prokuratúra Slovenskej republiky (Public Prosecution of the Slovak Republic);
27. Najvyšší kontrolný úrad Slovenskej republiky (Supreme Audit Office of the Slovak
Republic);
28. Telekomunikačný úrad Slovenskej republiky (Telecommunications Office of the Slovak
Republic);
29. Poštový úrad (Postal Regulatory Office);
30. Úrad na ochranu osobných údajov (Office for Personal Data Protection);
& /en 118
31. Kancelária verejného ochrancu práv (Ombudsman's Office);
32. Úrad pre finančný trh (Office for the Finance Market).
FINLAND
1. Oikeuskanslerinvirasto – Justitiekanslersämbetet (Office of the Chancellor of Justice);
2. Liikenne- ja Viestintäministeriö – Kommunikationsministeriet (Ministry of Transport and
Communications):
1.Viestintävirasto – Kommunikationsverket (Finnish Communications Regulatory
Authority);.
3. Maa- ja Metsätalousministeriö – Jord- Och Skogsbruksministeriet (Ministry of Agriculture
and Forestry):
1. Elintarviketurvallisuusvirasto – Livsmedelssäkerhetsverket (Finnish Food Safety
Authority);
2. Maanmittauslaitos – Lantmäteriverket (National Land Survey of Finland);.
& /en 119
4. Oikeusministeriö – Justitieministeriet (Ministry of Justice):
1. Tietosuojavaltuutetun toimisto – Dataombudsmannens byrå (Office of the Data
Protection Ombudsman);
2. Tuomioistuimet – Domstolar (Courts of Law);
3. Korkein oikeus – Högsta domstolen (Supreme Court);
4. Korkein hallinto-oikeus – Högsta förvaltningsdomstolen (Supreme Administrative
Court);
5. Hovioikeudet – hovrätter (Courts of Appeal);
6. Käräjäoikeudet – tingsrätter (District Courts);
7. Hallinto-oikeudet – förvaltningsdomstolar (Administrative Courts);
8. Markkinaoikeus – Marknadsdomstolen (Market Court);
9. Työtuomioistuin – Arbetsdomstolen (Labour Court);
& /en 120
10. Vakuutusoikeus – Försäkringsdomstolen (Insurance Court);
11. Kuluttajariitalautakunta – Konsumenttvistenämnden (Consumer Complaint Board)
12. Vankeinhoitolaitos – Fångvårdsväsendet (Prison Service);.
5. Opetusministeriö – Undervisningsministeriet (Ministry of Education):
1. Opetushallitus – Utbildningsstyrelsen (National Board of Education);
2. Valtion elokuvatarkastamo – Statens filmgranskningsbyrå (Finnish Board of Film
Classification).
6. Puolustusministeriö – Försvarsministeriet (Ministry of Defence):
1. Puolustusvoimat – Försvarsmakten (Finnish Defence Forces).
7. Sisäasiainministeriö – Inrikesministeriet (Ministry of the Interior):
1. Keskusrikospoliisi – Centralkriminalpolisen (Central Criminal Police);
2. Liikkuva poliisi – Rörliga polisen (National Traffic Police);
& /en 121
3. Rajavartiolaitos – Gränsbevakningsväsendet (Frontier Guard);
4. Valtion turvapaikanhakijoiden vastaanottokeskukset – Statliga förläggningar för
asylsökande (Reception centres for Asylum Seekers).
8. Sosiaali- Ja Terveysministeriö – Social- Och Hälsovårdsministeriet (Ministry of Social
Affairs and Health):
1. Työttömyysturvalautakunta – Besvärsnämnden för utkomstskyddsärenden
(Unemployment Appeal Board);
2. Sosiaaliturvan muutoksenhakulautakunta – Besvärsnämnden för socialtrygghet
(Appeal Tribunal);
3. Lääkelaitos – Läkemedelsverket (National Agency for Medicines);
4. Terveydenhuollon oikeusturvakeskus – Rättsskyddscentralen för hälsovården
(National Authority for Medicolegal Affairs);
5. Säteilyturvakeskus – Strålsäkerhetscentralen (Finnish Centre for Radiation and
Nuclear Safety);.
& /en 122
9. Työ- Ja Elinkeinoministeriö – Arbets- Och Näringsministeriet (Ministry of Employment and
the Economy):
1. Kuluttajavirasto – Konsumentverket (Finnish Consumer Agency);
2. Kilpailuvirasto – Konkurrensverket (Finnish Competition Authority);
3. Patentti- ja rekisterihallitus – Patent- och registerstyrelsen (National Board of
Patents and Registration);
4. Valtakunnansovittelijain toimisto – Riksförlikningsmännens byrå (National
Conciliators' Office);
5. Työneuvosto – Arbetsrådet (Labour Council);
10. Ulkoasiainministeriö – utrikesministeriet (Ministry for Foreign Affairs);
11. Valtioneuvoston kanslia – statsrådets kansli (Prime Minister's Office);
12. Valtiovarainministeriö – finansministeriet (Ministry of Finance):
1. Valtiokonttori – Statskontoret (State Treasury);
2. Verohallinto – Skatteförvaltningen (Tax Administration);
& /en 123
3. Tullilaitos – Tullverket (Customs);
4. Väestörekisterikeskus – Befolkningsregistercentralen (Population Register Centre).
13. Ympäristöministeriö – Miljöministeriet (Ministry of Environment):
1. Suomen ympäristökeskus – Finlands miljöcentral (Finnish Environment Institute);
14. Valtiontalouden Tarkastusvirasto – Statens Revisionsverk (National Audit Office).
SWEDEN
Akademien för de fria konsterna (Royal Academy of Fine Arts);
Allmänna reklamationsnämnden (National Board for Consumer Complaints);
Arbetsdomstolen (Labour Court);
Arbetsförmedlingen (Swedish Employment Services)
Arbetsgivarverk, statens (National Agency for Government; Employers);
Arbetslivsinstitutet (National Institute for Working Life);
& /en 124
Arbetsmiljöverket (Swedish Work Environment Authority);
Arkitekturmuseet (Museum of Architecture);
Ljud och bildarkiv, statens (National Archive of Recorded Sound and Moving Images);
Barnombudsmannen (The Office of the Childrens’ Ombudsman);
Beredning för utvärdering av medicinsk metodik, statens (Swedish Council on Technology
Assessment in Health Care);
Kungliga Biblioteket (Royal Library);
Biografbyrå, statens (National Board of Film Censors);
Biografiskt lexikon, svenskt (Dictionary of Swedish Biography);
Bokföringsnämnden (Swedish Accounting Standards Board);
Bolagsverket (Swedish Companies Registration Office);
Bostadskreditnämnd, statens (BKN) (Housing Credit Guarantee Board);
Boverket (National Housing Board);
& /en 125
Brottsförebyggande rådet (National Council for Crime Prevention);
Brottsoffermyndigheten (Criminal Victim Compensation and Support Authority);
Centrala studiestödsnämnden (National Board of Student Aid);
Datainspektionen (Data Inspection Board);
Departementen (Ministries (Government Departments));
Domstolsverket (National Courts Administration);
Elsäkerhetsverket (National Electrical Safety Board);
Exportkreditnämnden (Export Credits Guarantee Board);
Finansinspektionen (Financial Supervisory Authority);
Fiskeriverket (National Board of Fisheries);
Folkhälsoinstitut, statens (National Institute of Public Health);
Forskningsrådet för miljö, areella näringar och samhällsbyggande, Formas (Swedish Research
Council for Environment);
& /en 126
Fortifikationsverket (National Fortifications Administration);
Medlingsinstitutet (National Mediation Office);
Försvarets materielverk (Defence Material Administration);
Försvarets radioanstalt (National Defence Radio Institute);
Försvarshistoriska museer, statens (Swedish Museums of Military History);
Försvarshögskolan (National Defence College);
Försvarsmakten (The Swedish Armed Forces);
Försäkringskassan (Social Insurance Office);
Geologiska undersökning, Sveriges (Geological Survey of Sweden);
Geotekniska institut, statens (Geotechnical Institute);
Glesbygdsverket (The National Rural Development Agency)
Grafiska institutet och institutet för högre kommunikations- och reklamutbildning (Graphic Institute
and the Graduate School of Communications);
& /en 127
Granskningsnämnden för Radio och TV (The Swedish Broadcasting Commission);
Handelsflottans kultur- och fritidsråd (Swedish Government Seamen's Service);
Handikappombudsmannen (Ombudsman for the Disabled);
Haverikommission, statens (Board of Accident Investigation);
Hovrätterna (Courts of Appeal) (6);
Hyres- och arendenämnder (Regional Rent and Tenancies Tribunals) (12);
Hälso- och sjukvårdens ansvarsnämnd (Committee on Medical Responsibility);
Högskoleverket (National Agency for Higher Education);
Högsta domstolen (Supreme Court);
Institut för psykosocial miljömedicin, statens (National Institute for Psycho-Social Factors and
Health);
Institut för tillväxtpolitiska studier (National Institute for Regional Studies);
Institutet för rymdfysik (Swedish Institute of Space Physics);
& /en 128
Migrationsverket (Swedish Migration Board);
Jordbruksverk, statens (Swedish Board of Agriculture);
Justitiekanslern (Office of the Chancellor of Justice);
Jämställdhetsombudsmannen (Office of the Equal Opportunities Ombudsman);
Kammarkollegiet (National Judicial Board of Public Lands and Funds);
Kammarrätterna (Administrative Courts of Appeal);
Kemikalieinspektionen (National Chemicals Inspectorate);
Kommerskollegium (National Board of Trade);
Verket för innovationssystem (VINNOVA) (Swedish Agency for Innovation Systems);
Konjunkturinstitutet (Institute of Economic Research);
Konkurrensverket (Competition Authority);
Konstfack (College of Arts, Crafts and Design);
& /en 129
Konsthögskolan (College of Fine Arts);
Nationalmuseum (National Museum of Fine Arts);
Konstnärsnämnden (Arts Grants Committee);
Konstråd, statens (National Art Council);
Konsumentverket (National Board for Consumer Policies);
Kriminaltekniska laboratorium, statens (National Laboratory of Forensic Science);
Kriminaltekniska laboratorium, statens (Prison and Probation Service);
Kriminalvårdsnämnden (National Paroles Board);
Kronofogdemyndigheten (Swedish Enforcement Authority);
Kulturråd, statens (National Council for Cultural Affairs);
Kustbevakningen (Swedish Coast Guard);
Lantmäteriverket (National Land Survey);
Livrustkammaren/Skoklosters slott/ Hallwylska museet (Royal Armoury);
& /en 130
Livsmedelsverk, statens (National Food Administration);
Lotteriinspektionen (The National Gaming Board);
Läkemedelsverket (Medical Products Agency);
Länsrätterna (24) (County Administrative Courts (24));
Länsstyrelserna (24) (County Administrative Boards (24));
Pensionsverk, statens (National Government Employee and Pensions Board);
Marknadsdomstolen (Market Court);
Meteorologiska och hydrologiska institut, Sveriges (Swedish Meteorological and Hydrological
Institute);
Moderna museet (Modern Museum);
Musiksamlingar, statens (Swedish National Collections of Music);
Naturhistoriska riksmuseet (Museum of Natural History);
Naturvårdsverket (National Environmental Protection Agency);
Nordiska Afrikainstitutet (Scandinavian Institute of African Studies);
& /en 131
Nordiska högskolan för folkhälsovetenskap (Nordic School of Public Health);
Notarienämnden (Recorders Committee);
Myndigheten för internationella adoptionsfrågor (Swedish National Board for Intra Country
Adoptions);
Verket för näringslivsutveckling (NUTEK) (Swedish Agency for Economic and Regional Growth);
Ombudsmannen mot etnisk diskriminering (Office of the Ethnic Discrimination Ombudsman);
Patentbesvärsrätten (Court of Patent Appeals);
Patent- och registreringsverket (Patents and Registration Office);
Personadressregisternämnd statens, SPAR-nämnden (Swedish Population Address Register Board);
Polarforskningssekretariatet (Swedish Polar Research Secretariat);
Presstödsnämnden (Press Subsidies Council);
Radio- och TV-verket (The Swedish Radio and TV Authority);
Regeringskansliet (Government Offices);
& /en 132
Regeringsrätten (Supreme Administrative Court);
Riksantikvarieämbetet (Central Board of National Antiquities);
Riksarkivet (National Archives);
Riksbanken (Bank of Sweden);
Riksdagsförvaltningen (Parliamentary Administrative Office);
Riksdagens ombudsmän, JO (The Parliamentary Ombudsmen);
Riksdagens revisorer (The Parliamentary Auditors);
Riksgäldskontoret (National Debt Office);
RikspolisstyrelsenNational Police Board
RiksrevisionenNational Audit Bureau
Riksutställningar, Stiftelsen (Travelling Exhibitions Service);
Rymdstyrelsen (National Space Board);
& /en 133
Forskningsrådet för arbetsliv och socialvetenskap (Swedish Council for Working Life and Social
Research);
Räddningsverk, statens (National Rescue Services Board);
Rättshjälpsmyndigheten (Regional Legal-aid Authority);
Rättsmedicinalverket (National Board of Forensic Medicine);
Sameskolstyrelsen och sameskolor (Sami (Lapp) School Board, Sami (Lapp) Schools);
Sjöfartsverket (National Maritime Administration);
Maritima museer, statens (National Maritime Museums);
Skatteverket (Swedish Tax Agency);
Skogsstyrelsen (National Board of Forestry);
Skolverk, statens (National Agency for Education);
Smittskyddsinstitutet (Swedish Institute for Infectious Disease Control);
Socialstyrelsen (National Board of Health and Welfare);
& /en 134
Sprängämnesinspektionen (National Inspectorate of Explosives and Flammables);
Statistiska centralbyrån (Statistics Sweden);
Statskontoret (Agency for Administrative Development);
Strålsäkerhetsmyndigheten (Swedish Radiation Safety Authority);
Styrelsen för internationellt utvecklingssamarbete, SIDA (Swedish International Development
Cooperation Authority);
Styrelsen för psykologiskt försvar (National Board of Psychological Defence and Conformity
Assessment);
Styrelsen för ackreditering och teknisk kontroll (Swedish Board for Accreditation);
Svenska Institutet, stiftelsen (Swedish Institute);
Talboks- och punktskriftsbiblioteket (Library of Talking Books and Braille Publications);
Tingsrätterna (97) (District and City Courts (97));
& /en 135
Tjänsteförslagsnämnden för domstolsväsendet (Judges Nomination Proposal Committee);
Totalförsvarets pliktverk (Armed Forces' Enrolment Board);
Totalförsvarets forskningsinstitut (Swedish Defence Research Agency);
Tullverket (Swedish Board of Customs);
Turistdelegationen (Swedish Tourist Authority);
Ungdomsstyrelsen (The National Board of Youth Affairs);
Universitet och högskolor (Universities and University Colleges);
Utlänningsnämnden (Aliens Appeals Board);
Utsädeskontroll, statens (National Seed Testing and Certification Institute);
Vatten- och avloppsnämnd, statens (National Water Supply and Sewage Tribunal);
Verket för högskoleservice (VHS) (National Agency for Higher Education);
& /en 136
Verket för näringslivsutveckling (NUTEK) (Swedish Agency for Economic and Regional
Development);
Vetenskapsrådet (Swedish Research Council);
Veterinärmedicinska anstalt, statens (National Veterinary Institute);
Väg- och transportforskningsinstitut, statens (Swedish National Road and Transport Research
Institute);
Växtsortnämnd, statens (National Plant Variety Board);
Åklagarmyndigheten (Swedish Prosecution Authority);
Krisberedskapsmyndigheten (Swedish Emergency Management Agency);
Notes to Section A
1. "Contracting authorities of EU Member States" covers also any subordinated entity of any
contracting authority of a European Union Member State provided it does not have separate legal
personality.
2. As far as procurement by entities in the field of defence and security is concerned, only
non-sensitive and non-warlike materials contained in the list attached to section D are covered.
& /en 137
SECTION B
SUB-CENTRAL GOVERNMENT ENTITIES
Supplies
Specified in Section D
Thresholds SDR 200 000
Services
Specified in Section E
Thresholds SDR 200 000
Works
Specified in Section F
Thresholds SDR 5 000 000
& /en 138
Procuring entities:
1. All regional or local contracting authorities
All contracting authorities of the administrative units as defined by Regulation (EC) No 1059/2003
of the European Parliament and of the Council (the "NUTS Regulation")1.
For the purposes of Chapter 21, "Regional contracting authorities" shall be understood as
contracting authorities of the administrative units falling under NUTS 1 and 2, as referred to in the
NUTS Regulation.
For the purposes of Chapter 21, "Local contracting authorities" shall be understood as contracting
authorities of the administrative units falling under NUTS 3 and smaller administrative units, as
referred to in the NUTS Regulation.
1 Regulation (EC) No 1059/2003 of the European Parliament and of the Council
of 26 May 2003 on the establishment of a common classification of territorial units for
statistics (NUTS) (OJ EU L154 21.06.2003) as last amended by Regulation (EC)
No 1137/2008.
& /en 139
2. All contracting authorities which are bodies governed by public law as defined by EU
procurement directives
A "body governed by public law" means any body:
(a) established for the specific purpose of meeting needs in the general interest, not having an
industrial or commercial character;
(b) having legal personality; and
(c) financed, for the most part, by the State, or regional or local authorities, or other bodies
governed by public law, or subject to management supervision by those bodies, or having an
administrative, managerial or supervisory bord; more than half of whose members are
appointed by the State, regional or local authorities or by other bodies governed by public
law;
& /en 140
SECTION C
UTILITIES WHICH PROCURE IN ACCORDANCE WITH
THE PROVISIONS OF CHAPTER 21
Supplies
Specified in Section D
Thresholds SDR 400 000
Services
Specified in Section E
Thresholds SDR 400 000
Works
Specified in Section F
Thresholds SDR 5 000 000
& /en 141
All contracting entities whose procurement is covered by the Directive 2014/25/EU of the European
Parliament and of the Council1 utilities directive which are contracting authorities (e.g. those
covered under Sections A or B) or public undertakings2 and which have as one of their activities
any of those referred to below or any combination thereof:
(a) the provision of airport or other terminal facilities to carriers by air;
(b) the provision of maritime or inland port or other terminal facilities to carriers by sea or inland
waterway;
Notes to Section C
1. Contracts awarded for the pursuit of an activity listed above when exposed to competitive
forces in the market concerned are not covered by Chapter 21.
1 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on
procurement by entities operating in the water, energy, transport and postal services sectors
and repealing Directive 2004/17/EC (OJ EU L 94, 28.3.2014, p. 243).
2 According to Directive 2014/25/EU a public undertaking means any undertaking over which
the contracting authorities may exercise directly or indirectly a dominant influence by virtue
of their ownership of it, their financial participation therein, or the rules which govern it.
A dominant influence on the part of the contracting authorities shall be presumed in any of the
following cases in which those authorities, directly or indirectly:
– hold the majority of the undertaking's subscribed capital, or
– control the majority of the votes attaching to shares issued by the undertaking, or
– can appoint more than half of the undertaking's administrative, management or
supervisory body.
& /en 142
2. Chapter 21 does not apply to contracts awarded by procuring entities covered under this
Section:
– for purposes other than the pursuit of their activities as listed in this Section or for the pursuit
of such activities in a non-EEA country;
– for purposes of re-sale or hire to third parties, provided that the procuring entity enjoys no
special or exclusive right to sell or hire the subject of such contracts and other entities are free
to sell or hire it under the same conditions as the procuring entity.
3. I. Provided that the conditions in paragraph II are met, Chapter 21 shall not apply to
contracts awarded:
(i) by a procuring entity to an affiliated undertaking1, or
1 "affiliated undertaking" means any undertaking the annual accounts of which are consolidated
with those of the procuring entity in accordance with the requirements of Seventh Council
Directive 83/349/EEC of 13 June 1983 based on the Article 54 (3) (g) of the Treaty on
consolidated accounts (OJ EU L 193, 18.7.1983, p.1.), or in case of entities not subject to that
Directive, any undertaking over which the procuring entity may exercise, directly or
indirectly, a dominant influence, or which may exercise a dominant influence over the
procuring entity, or which, in common with the procuring entity, is subject to the dominant
influence of another undertaking by virtue of ownership, financial participation, or the rules
which govern it.
& /en 143
(ii) by a joint venture, formed exclusively by a number of procuring entities for the purpose
of carrying out activities within the meaning of subparagraphs a) and b) of this Section,
to an undertaking which is affiliated with one of these procuring entities.
II. Paragraph I shall apply to services or supplies contracts provided that at least 80 % of
the average turnover of the affiliated undertaking with respect to services or supplies for
the preceding three years derives respectively from the provision of such services or
supplies to undertakings with which it is affiliated1.
4. Chapter 21 shall not apply to contracts awarded:
(i) by a joint venture, formed exclusively by a number of procuring entities for the purposes of
carrying out activities within the meaning of subparagraphs a) and b) of this Section, to one
of these procuring entities, or
(ii) by a procuring entity to such a joint venture of which it forms part,
provided that the joint venture has been set up to carry out the activity concerned over a period of at
least three years and the instrument setting up the joint venture stipulates that the procuring entities,
which form it, will be part thereof for at least the same period.
1 When, because of the date on which an affiliated undertaking was created or commenced
activities, the turnover is not available for the preceding three years, it will be sufficient for
that undertaking to show that the turnover referred to in this paragraph is credible, in
particular by means of business projections.
& /en 144
SECTION D
GOODS
1. Chapter 21 covers the procurement of all goods procured by the entities listed in Section A,
unless otherwise specified in Chapter 21.
2. Chapter 21 covers only the goods that are described in the Chapters of the Combined
Nomenclature (CN) specified below and that are procured by Ministries of Defence and Agencies
for defence or security activities in Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark,
Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and
Sweden:
Chapter 25 Salt; sulphur; earths and stone; plastering materials, lime and cement
Chapter 26 Ores, slag and ash
Chapter 27 Mineral fuels, mineral oils and products of their distillation; bituminous substances;
mineral waxes
except:
ex 27.10: special engine fuels
& /en 145
Chapter 28 Inorganic chemicals; organic and inorganic compounds of precious metals, of rare-
earth metals, of radioactive elements or of isotopes
except:
ex 2808: explosives
ex 2813: explosives
ex 2814: tear gas
ex 2825: explosives
ex 2829: explosives
ex 2834: explosives
ex 2844: toxic products
ex 2845: toxic products
ex 2847: explosives
ex 2852: toxic products
ex 2853: toxic products
& /en 146
Chapter 29 Organic chemicals
except:
ex 2904: explosives
ex 2905: explosives
ex 2908: explosives
ex 2909: explosives
ex 2912: explosives
ex 2913: explosives
ex 2914: toxic products
ex 2915: toxic products
ex 2916: toxic products
ex 2920: toxic products
ex 2921: toxic products
ex 2922: toxic products
ex 2933: explosives
ex 2926: toxic products
ex 2928: explosives
Chapter 30: Pharmaceutical products
Chapter 31: Fertilizers
Chapter 32: Tanning or dyeing extracts; tannings and their derivatives; dyes, pigments and other
colouring matter; paints and varnishes, putty and other mastics; inks
Chapter 33: Essential oils and resinoids, perfumery, cosmetic or toilet preparations
& /en 147
Chapter 34: Soap, organic surface-active agents, washing preparations, lubricating preparations,
artificial waxes, prepared waxes, polishing and scouring preparations, candles and
similar articles, modelling pastes, "dental waxes" and dental preparations with a
basis of plaster
Chapter 35: Albuminoidal substances; modified starches; glues; enzymes
Chapter 37: Photographic and cinematographic goods
Chapter 38: Miscellaneous chemical products
except:
ex 3824: toxic products
Chapter 39: Plastics and articles thereof
except:
ex 3912: explosives
Chapter 40: Rubber and articles thereof
except:
ex 4011: bullet-proof tyres
Chapter 41: Raw hides and skins (other than furskins) and leather
Chapter 42: Articles of leather; saddlery and harness; travel goods, handbags andsimilar
containers; articles of animal gut (other than silkworm gut)
Chapter 43: Furskins and artificial fur; manufactures thereof
Chapter 44: Wood and articles of wood; wood charcoal
Chapter 45: Cork and articles of cork
Chapter 46: Manufactures of straw, of esparto or of other plaiting materials; basketware and
wickerwork
& /en 148
Chapter 47: Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap)
paper or paperboard
Chapter 48: Paper and paperboard; articles of paper pulp, of paper or of paperboard
Chapter 49: Printed books, newspapers, pictures and other products of the printing industry;
manuscripts, typescripts and plans
Chapter 65: Headgear and parts thereof
Chapter 66: Umbrellas, sun umbrellas, walking sticks, seat-sticks, whips, riding crops and parts
thereof
Chapter 67: Prepared feathers and down and articles made of feathers or of down; artificial
flowers; articles of human hair
Chapter 68: Articles of stone, plaster, cement, asbestos, mica or similar materials
Chapter 69: Ceramic products
Chapter 70: Glass and glassware
Chapter 71: Natural or cultured pearls, precious or semi-precious stones, precious metals, metals
clad with precious metal, and articles thereof; imitation jewellery; coin
Chapter 73: Articles of iron or steel
Chapter 74: Copper and articles thereof
Chapter 75: Nickel and articles thereof
Chapter 76: Aluminium and articles thereof
Chapter 78: Lead and articles thereof
Chapter 79: Zinc and articles thereof
Chapter 80: Tin and articles thereof
Chapter 81: Other base metals; cermets; and articles thereof
& /en 149
Chapter 82: Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base
metal
except:
ex 8207: tools of base metal
ex 8209: tools and parts thereof of base metal
Chapter 83: Miscellaneous articles of base metal
Chapter 84: Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof
except:
8407: engines
8408: engines
ex 8411: other engines
ex 8412: other engines
ex 8458: machinery
ex 8486: machinery
ex 8471: automatic data-processing machines
ex 8473: parts of machines under heading No 8471
ex 8401: nuclear reactors
Chapter 85: Electrical machinery and equipment and parts thereof; sound recorders and
reproducers, television image and sound recorders and reproducers, and parts and
accessories of such articles
except:
ex 8517: telecommunication equipment
ex 8525: transmission apparatus
ex 8527: transmission apparatus
& /en 150
Chapter 86: Railway or tramway locomotives, rolling stock and parts thereof; railway or
tramway track fixtures and fittings and parts thereof, mechanical (including
electromechanical) traffic signalling equipment of all kinds
except:
ex 8601: armoured locomotives, electric
ex 8603: other armoured locomotives
ex 8605: wagons
ex 8604: repair wagons
Chapter 87 Vehicles other than railway or tramway rolling stock, and parts and accessories
thereof
except:
8710: tanks and other armoured vehicles
8701: tractors
ex 8702: military vehicles
ex 8705: breakdown lorries
ex 8711: motorcycles
ex 8716: trailers
Chapter 89 Ships, boats and floating structures
except:
ex 8906: warships
& /en 151
Chapter 90 Optical, photographic, cinematographic, measuring, checking, precision, medical or
surgical instruments and apparatus and parts thereof
except:
ex 9005: binoculars
ex 9013: miscellaneous instruments, lasers
ex 9014: telemeters
ex 9028: electrical and electronic measuring instruments
ex 9030: electrical and electronic measuring instruments
ex 9031: electrical and electronic measuring instruments
ex 9012: microscopes
ex 9018: medical instruments
ex 9019: mechano-therapy appliances
ex 9021: orthopaedic appliances
ex 9022: X-ray apparatus
Chapter 91 Clocks and watches and parts thereof
Chapter 92 Musical instruments; parts and accessories of such articles
Chapter 94 Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed
furnishings; lamps and lighting fittings, not elsewhere specified or included;
illuminated signs, illuminated nameplates and the like; prefabricated buildings
except:
ex 9401: aircraft seats
Chapter 96 Miscellaneous manufactured articles
& /en 152
SECTION E
SERVICES
Of the Universal List of Services, as contained in document MTN.GNS/W/120, the following
services are included*:
Subject CPC Reference No.
Maintenance and repair services 6112, 6122, 633, 886
Land transport services, including armoured car services, and 712 (except 71235), 7512, 87304
courier services, except transport of mail
Air transport services of passengers and freight, except 73 (except 7321)
transport of mail
Transport of mail by land, except rail, and by air 71235, 7321
Telecommunications services 752
Computer and related services 84
Accounting, auditing and bookkeeping services 862
Market research and public opinion polling services 864
Management consulting services and related services 865, 866**
& /en 153
Subject CPC Reference No.
Architectural services; engineering services and integrated 867
engineering services, urban planning and landscape
architectural services; related scientific and technical
consulting services; technical testing and analysis services
Advertising services 871
Building-cleaning services and property management services 874, 82201 to 82206
Publishing and printing services on a fee or contract basis 88442
Sewage and refuse disposal, sanitation and similar services 94
In addition to the services listed above, procurement of the following services ( identified in
accordance with the United Nations Provisional Central Product Classification (CPC Prov.1) is
included, for entities covered under Sections A, B and C:
– Hotel and restaurant services (CPC 641)***;
– Food serving services (CPC 642)***;
– Beverage serving services (CPC 643)***;
– Telecommunication related services (CPC 754);
1
http://unstats.un.org/unsd/cr/registry/regcst.asp?Cl=9&Lg=1
& /en 154
– Real estate services on a fee or contract basis (CPC 8220);
– Other business services (CPC 87901, 87903, 87905-87907);
– Education services (CPC 92).
Notes to Section E
1. Procurement by procuring entities covered under Section A, B or C of any of the services
covered under this Section is a covered procurement in regard to Chile's provider of service only to
the extent that Chile has covered that service under Section E of Annex 21-B.
2. *Except for services which entities have to procure from another entity pursuant to an
exclusive right established by a published law, regulation or administrative provision.
3. **Except arbitration and conciliation services
4. ***Hotel and restaurant services (CPC 641), food serving services (CPC 642), beverage
serving services (CPC 643) and education services (CPC 92) contracts are included under the
national treatment regime for the suppliers, including service providers, of Chile, provided that their
value equals or exceeds EUR 750 000 if they are awarded by procuring entities covered under
Section A or B of this Annex provided that their value equals or exceeds EUR 1 000 000 when they
are awarded by procuring entities covered under Section C of this Annex.
& /en 155
SECTION F
CONSTRUCTION SERVICES
Definition:
For the purposes of this Section, a "construction services contract" means a contract which has as its
objective the realization by whatever means of civil or building works, in the sense of Division 51
of the Central Product Classification (hereinafter referred as "Division 51, CPC").
List of Division 51, CPC:
All services listed in Division 51.
List of Division 51, CPC
Corresponding
Group Class Subclass Title
ISCI
SECTION 5 CONSTRUCTION WORK AND
CONSTRUCTIONS: LAND
DIVISION 51 CONSTRUCTION WORK
511 Pre-erection work at construction sites
5111 51110 Site investigation work 4510
5112 51120 Demolition work 4510
5113 51130 Site formation and clearance work 4510
5114 51140 Excavating and earthmoving work 4510
5115 51150 Site preparation work for mining 4510
5116 51160 Scaffolding work 4520
& /en 156
Corresponding
Group Class Subclass Title
ISCI
512 Construction work for buildings
5121 51210 For one- and two-dwelling buildings 4520
5122 51220 For multi-dwelling buildings 4520
5123 51230 For warehouses and industrial buildings 4520
5124 51240 For commercial buildings 4520
5125 51250 For public entertainment buildings 4520
5126 51260 For hotel, restaurant and similar buildings 4520
5127 51270 For educational buildings 4520
5128 51280 For health buildings 4520
5129 51290 For other buildings 4520
513 Construction work for civil engineering
5131 51310 For highways (except elevated highways), street, 4520
roads, railways and airfield runways
5132 51320 For bridges, elevated highways, tunnels and 4520
subways
5133 51330 For waterways, harbours, dams and other water 4520
works
5134 51340 For long distance pipelines, communication and 4520
power lines (cables)
5135 51350 For local pipelines and cables; ancillary works 4520
5136 51360 For constructions for mining and manufacturing 4520
& /en 157
Corresponding
Group Class Subclass Title
ISCI
5137 For constructions for sport and recreation
51371 For stadia and sports grounds 4520
51372 For other sport and recreation installations (e.g. 4520
swimming pools, tennis courts, golf courses)
5139 51390 For engineering works n.e.c. 4520
514 5140 51400 Assembly and erection of prefabricated 4520
constructions
515 Special trade construction work
5151 51510 Foundation work, including pile driving 4520
5152 51520 Water well drilling 4520
5153 51530 Roofing and water proofing 4520
5154 51540 Concrete work 4520
5155 51550 Steel bending and erection (including welding) 4520
5156 51560 Masonry work 4520
5159 51590 Other special trade construction work 4520
516 Installation work
5161 51610 Heating, ventilation and air conditioning work 4530
5162 51620 Water plumbing and drain laying work 4530
5163 51630 Gas fitting construction work 4530
5164 Electrical work
51641 Electrical wiring and fitting work 4530
51642 Fire alarm construction work 4530
& /en 158
Corresponding
Group Class Subclass Title
ISCI
51643 Burglar alarm system construction work 4530
51644 Residential antenna construction work 4530
51649 Other electrical construction work 4530
5165 51650 Insulation work (electrical wiring, water,heat, 4530
sound)
5166 51660 Fencing and railing construction work 4530
5169 Other installation work
51691 Lift and escalator construction work 4530
51699 Other installation work n.e.c. 4530
517 Building completion and finishing work
5171 51710 Glazing work and window glass installation work 4540
5172 51720 Plastering work 4540
5173 51730 Painting work 4540
5174 51740 Floor and wall tiling work 4540
5175 51750 Other floor laying, wall covering and wall papering 4540
work
5176 51760 Wood and metal joinery and carpentry work 4540
5177 51770 Interior fitting decoration work 4540
5178 51780 Ornamentation fitting work 4540
5179 51790 Other building completion and finishing work 4540
518 5180 51800 Renting services related to equipment for 4550
construction or demolition of buildings or civil
engineering works, with operator
& /en 159
SECTION G
WORKS CONCESSIONS
Definition:
"works concession" means a contract for pecuniary interest concluded in writing by means of which
procuring entities entrust the execution of works to one or more economic operators the
consideration for which consists either solely in the right to exploit the works that are the subject of
the contract or in that right together with payment.
The award of a works concession shall involve the transfer to the economic operators of an
operating risk in exploiting those works encompassing demand or supply risk or both. The recoup
of the investments made or the costs incurred in operating the works should not be guaranteed.
Scope:
Work concessions contracts, when awarded by entities covered in Section A or B, and provided
their value equals or exceeds 5,000,000 SDR. The following provisions apply: Article 21.1, Article
21.2 (except paragraphs 7 and 8), Article 21.3, Article 21.4 (except paragraph 5), Article 21.5,
Article 21.6 (except subparagraphs (c) and (e) of paragraph 2 and paragraphs 4 and 5), Article 21.7,
Article 21.9, Article 21.10, Article 21.11, Article 21.12(1), subparagraphs (a), (b) and (c) of Article
21.14(1), Article 21.16, Article 21.17, Article 21.18, Article 21.19, Article 21.20, Article 21.21.
& /en 160
Notes:
This commitment is subject to the exemptions set out in Articles 11 and 12 of Directive of the
European Parliament and of the Council 2014/23/EU1.
SECTION H
GENERAL NOTES AND DEROGATIONS
1. Chapter 21 does not cover:
(a) procurement of agricultural products made in furtherance of agricultural support programmes
and human feeding programmes (e.g. food aid including urgent relief aid);
(b) procurement for the acquisition, development, production or co-production of programme
material by broadcasters and contracts for broadcasting time; or
(c) procurement by procuring entities covered under Section A or B in connection with activities
in the fields of drinking water, energy, transport and the postal sector are not covered by this
Chapter, unless covered under Section C and subject to the value thresholds applying thereto.
1 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on
the award of concession contracts (OJ EU L 94, 28.3.2014, p. 1).
& /en 161
2. In respect of the Åland Islands (Ahvenanmaa), the special conditions of Protocol No 2 on the
Åland Islands to the Act of Accession of Austria, Finland and Sweden to the European Union
applies.
SECTION I
MEDIA FOR PUBLICATION OF PROCUREMENT INFORMATION
1. Electronic or paper media utilised by the European Union for the publication of laws,
regulations, judicial decisions, administrative rulings of general application, standard contract
clauses, and procedures regarding government procurement covered by Article 21.5
1.1 European Union
The information on the public procurement system of the European Union:
– http://simap.ted.europa.eu/index_en.html
– The Official Journal of the European Union
& /en 162
1.2 Member States
1.2.1 Belgium
1. Laws, royal regulations, ministerial regulations, ministerial circulars:
– le Moniteur Belge.
2. Jurisprudence:
– Pasicrisie.
1.2.2 Bulgaria
1. Laws and Regulations:
– Държавен вестник (State Gazette).
2. Judicial decisions:
– http://www.sac.government.bg.
& /en 163
3. Administrative rulings of general application and any procedure:
– http://www.aop.bg;
– http://www.cpc.bg
1.2.3 Czechia
1. Laws and Regulations:
– Collection of Laws of the Czech Republic.
2. Rulings of the Office for the Protection of Competition:
– Collection of Rulings of the Office for the Protection of Competition.
1.2.4 Denmark
1. Laws and regulations:
– Lovtidende.
& /en 164
2. Judicial decisions:
– Ugeskrift for Retsvaesen.
3. Administrative rulings and procedures:
– Ministerialtidende.
4. Rulings by the Danish Complaints Board for Public Procurement:
– Kendelser fra Klagenævnet for Udbud.
1.2.5 Germany
1. Legislation and regulations:
– Bundesgesetzblatt;
– Bundesanzeiger.
& /en 165
2. Judicial Decisions:
– Entscheidungsammlungen des: Bundesverfassungsgerichts;
Bundesgerichtshofs; Bundesverwaltungsgerichts Bundesfinanzhofs
sowie der Oberlandesgerichte.
1.2.6 Estonia
1. Laws, regulations and administrative rulings of general application:
– Riigi Teataja - http://www.riigiteataja.ee.
2. Procedures regarding government procurement:
– https://riigihanked.riik.ee.
1.2.7 Ireland
1. Legislation and regulations:
– Iris Oifigiúil (Official Gazette of the Irish Government).
& /en 166
1.2.8 Greece
1. Epishmh efhmerida eurwpaikwn koinothtwn (Government Gazette of
Greece).
1.2.9 Spain
1. Legislation:
– Boletín Oficial del Estado.
2. Judicial rulings:
– Judicial Documentation Center (Centro de Documentación Judicial
(Cendoj)) https://www.poderjudicial.es/search/indexAN.jsp;
– Constitutional Court of Spain (Base de datos pública de jurisprudencia
del Tribunal Constitucional), http://hj.tribunalconstitucional.es/es;
& /en 167
– Central Administrative Tribunal of Contract Appeals (Tribunal
Administrativo Central de Recursos Contractuales)
https://www.hacienda.gob.es/es-
ES/Areas%20Tematicas/Contratacion/TACRC/Paginas/BuscadordeRe
soluciones.aspx
1.2.10 France
1. Legislation:
– Journal Officiel de la République française.
2. Jurisprudence:
– Recueil des arrêts du Conseil d'État.
– Revue des marchés publics.
1.2.11 Croatia
1. Narodne novine - http://www.nn.hr.
& /en 168
1.2.12 Italy
1. Legislation:
– Gazzetta Ufficiale.
2. Jurisprudence:
– No official publication.
1.2.13 Cyprus
1. Legislation:
– Επίσημη Εφημερίδα της Δημοκρατίας (Official Gazette of the
Republic).
2. Judicial decisions:
– Αποφάσεις Ανωτάτου Δικαστηρίου 1999 - Τυπογραφείο της
Δημοκρατίας (Decisions of the Supreme High Court - Printing
Office).
& /en 169
1.2.14 Latvia
1. Legislation:
– Latvijas vēstnesis (Official Newspaper).
1.15.15 Lithuania
1. Laws, regulations and administrative provisions:
– Teisės aktų registras (Register of Legal Acts).
2. Judicial decisions, jurisprudence:
– Bulletin of the Supreme Court of Lithuania "Teismų praktika";
– Bulletin of the Supreme Administrative Court of Lithuania
"Administracinių teismų praktika".
& /en 170
1.15.16 Luxembourg
1. Legislation:
– Memorial.
2. Jurisprudence:
– Pasicrisie.
1.2.17 Hungary
1. Legislation:
– Magyar Közlöny (Official Journal of the Republic of Hungary).
2. Jurisprudence:
– Közbeszerzési Értesítő - a Közbeszerzések Tanácsa Hivatalos Lapja
(Public Procurement Bulletin – Official Journal of the Public
Procurement Council).
& /en 171
1.2.18 Malta
1. Legislation:
– Government Gazette.
1.19.19 Netherlands
1. Legislation:
– Nederlandse Staatscourant and/or Staatsblad.
2. Jurisprudence:
– No official publication.
1.19.20 Austria
1. Legislation:
– Österreichisches Bundesgesetzblatt;
– Amtsblatt zur Wiener Zeitung.
& /en 172
2. Judicial decisions:
– Entscheidungen des Verfassungsgerichtshofes,
Verwaltungsgerichtshofes, Obersten Gerichtshofes, der
Oberlandesgerichte, des Bundesverwaltungsgerichtes und der
Landesverwaltungsgerichte - http://ris.bka.gv.at/Judikatur/.
1.2.21 Poland
1. Legislation:
– Dziennik Ustaw Rzeczypospolitej Polskiej (Journal of Laws –
Republic of Poland).
2. Judicial decisions, jurisprudence:
– "Zamówienia publiczne w orzecznictwie. Wybrane orzeczenia zespołu
arbitrów i Sądu Okręgowego w Warszawie" (Selection of judgments
of arbitration panels and Regional Court in Warsaw).
& /en 173
1.2.22 Portugal
1. Legislation:
– Diário da República Portuguesa 1a Série A e 2a série.
2. Judicial Publications:
– Boletim do Ministério da Justiça;
– Colectânea de Acordos do Supremo Tribunal Administrativo;
– Colectânea de Jurisprudencia Das Relações.
1.2.23 Romania
1. Laws and Regulations:
– Monitorul Oficial al României (Official Journal of Romania).
2. Judicial decisions, administrative rulings of general application and any
procedure: http://www.anrmap.ro.
& /en 174
1.2.24 Slovenia
1. Legislation:
– Official Gazette of the Republic of Slovenia.
2. Judicial decisions:
– No official publication.
1.2.25 Slovakia
1. Legislation:
– Zbierka zakonov (Collection of Laws).
2. Judicial decisions:
– No official publication.
& /en 175
1.2.26 Finland
1. Suomen Säädöskokoelma - Finlands Författningssamling (The Collection of
the Statutes of Finland).
2. Ålands Författningssamling (Åland Statute Series).
1.2.27 Sweden
Svensk Författningssamling (Swedish Code of Statutes).
2. Electronic or paper media utilised by the European Union for the publication of notices
required by Articles 21.6, 21.8 (7) and 21.17 (2) pursuant to Article 21.5
2.1 European Union
Supplement to the Official Journal of the European Union, and its electronic version:
TED (tenders electronically daily) http://ted.europa.eu (also accessible from the portal
http://simap.ted.europa.eu/index_en.html)
& /en 176
2.2 Member States
2.2.1 Belgium
1. Official Journal of the European Union;
2. Le Bulletin des Adjudications;
3. Other publications in the specialized press.
2.2.2 Bulgaria
1. Official Journal of the European Union;
2. Държавен вестник (State Gazette) - http://dv.parliament.bg;
3. Public Procurement Register - http://www.aop.bg.
2.2.3 Czechia
Official Journal of the European Union.
& /en 177
2.2.4 Denmark
Official Journal of the European Union.
2.2.5 Germany
Official Journal of the European Union.
2.2.6 Estonia
Official Journal of the European Union.
2.2.7 Ireland
1. Official Journal of the European Union;
2. eTenders (www.eTenders.gov.ie).
2.2.8 Greece
1. Official Journal of the European Union;
2. Publication in the daily, financial, regional and specialized press.
& /en 178
2.2.9 Spain
1. Official Journal of the European Union
2. Spanish Platform for Public Sector Procurement (Plataforma de
Contratación del Sector Público),
https://contrataciondelestado.es/wps/portal/plataforma
3. Official Gazette of the Spanish Government (Boletín Oficial del Estado)
https://www.boe.es.
2.2.10 France
1. Official Journal of the European Union;
2. Bulletin officiel des annonces des marchés publics.
2.2.11 Croatia
1. Official Journal of the European Union;
2. Elektronički oglasnik javne nabave Republike Hrvatske (Electronic Public
Procurement Classifieds of the Republic of Croatia).
& /en 179
2.2.12 Italy
Official Journal of the European Union.
2.2.13 Cyprus
1. Official Journal of the European Union;
2. Official Gazette of the Republic;
3. Local Daily Press.
2.2.14 Latvia
1. Official Journal of the European Union;
2. Latvijas vēstnesis (Official newspaper).
2.2.15 Lithuania
1. Official Journal of the European Union;
& /en 180
2. Centrinė viešųjų pirkimų informacinė sistema (Central Portal of Public
Procurement);
3. Information supplement "Informaciniai pranešimai" to the Official Gazette
("Valstybės žinios") of the Republic of Lithuania.
2.2.16 Luxembourg
1. Official Journal of the European Union;
2. Daily Press.
2.2.17 Hungary
1. Official Journal of the European Union;
2. Közbeszerzési Értesítő - a Közbeszerzések Tanácsa Hivatalos Lapja (Public
Procurement Bulletin - Official Journal of the Public Procurement Council).
& /en 181
2.2.18 Malta
1. Official Journal of the European Union;
2. Government Gazette.
2.2.19 Netherlands
Official Journal of the European Union.
2.2.20 Austria
1. Official Journal of the European Union;
2. Amtsblatt zur Wiener Zeitung.
2.2.21 Poland
1. Official Journal of the European Union;
2. Biuletyn Zamówień Publicznych (Public Procurement Bulletin).
& /en 182
2.2.22 Portugal
Official Journal of the European Union.
2.2.23 Romania
1. Official Journal of the European Union;
2. Monitorul Oficial al României (Official Journal of Romania);
3. Electronic System for Public Procurement - http://www.e-licitatie.ro.
2.2.24 Slovenia
1. Official Journal of the European Union;
2. Portal javnih naročil - http://www.enarocanje.si/?podrocje=portal.
2.2.25 Slovakia
1. Official Journal of the European Union;
2. Vestnik verejneho obstaravania (Journal of Public Procurement).
& /en 183
2.2.26 Finland
1. Official Journal of the European Union;
2. Julkiset hankinnat Suomessa ja ETA-alueella, Virallisen lehden liite (Public
Procurement in Finland and at the EEA-area, Supplement to the Official
Gazette of Finland).
2.2.27 Sweden
Official Journal of the European Union.
________________
& /en 184
ANNEX 21-B
PUBLIC PROCUREMENT
CHILE
SECTION A
CENTRAL GOVERNMENT ENTITIES
1. Chapter 21 applies to procurement by the Central Level of Government Entities listed in this
Section where the value of the procurement is estimated, in accordance with Section J, to equal or
exceed the following relevant threshold:
Goods
Specified in Section D
Thresholds SDR 95 000
Services
Specified in Section E
Thresholds SDR 95 000
Construction Services
Specified in Section F
Thresholds SDR 5 000 000
& /en 1
2. The monetary thresholds set out in paragraph 1 shall be adjusted in accordance with Section J.
List of entities
Unless otherwise specified in this Section, all subordinated entities to those listed are covered by
Chapter 21, including the following:
1. Presidencia de la República (Presidency of the Republic).
2. Ministerio del Interior y Seguridad Pública (Ministry of the Interior and Public Security):
Subsecretaría del Interior;
Subsecretaría de Desarrollo Regional;
Subsecretaría de Prevención del Delito;
Oficina Nacional de Emergencia del Ministerio del Interior (ONEMI);
Servicio Nacional para la Prevención y Rehabilitación del Consumo de Drogas y
Alcohol (SENDA);
Fondo Nacional de Seguridad Pública;
Departamento de Extranjería.
& /en 2
3. Ministerio de Relaciones Exteriores (Ministry of Foreign Affairs):
Subsecretaría de Relaciones Exteriores;
Subsecretaría de Relaciones Económicas Internacionales;
Instituto Antártico Chileno (INACH);
Dirección Nacional de Fronteras y Límites del Estado (DIFROL);
Agencia de Cooperación Internacional (AGCI).
4. Ministerio de Defensa Nacional (Ministry of National Defence):
Subsecretaría de Defensa;
Subsecretaría para las Fuerzas Armadas;
Dirección Administrativa del ministerio de Defensa Nacional;
Dirección de Aeronáutica Civil (DGAC);
& /en 3
Dirección General de Movilización Nacional (DGMN);
Academia Nacional de Estudios Políticos y Estratégicos (ANEPE);
Defensa Civil de Chile.
5. Ministerio de Hacienda (Ministry of Finance):
Subsecretaría de Hacienda;
Dirección de Presupuestos (DIPRES);
Servicio de Impuestos Internos (SII);
Tesorería General de la República(TGR);
Servicio Nacional de Aduanas (SNA);
Chilecompra;
Comisión para el Mercado Financiero (CMF).
& /en 4
6. Ministerio Secretaría General de la Presidencia (Ministry General Secretariat of the
Presidency):
Subsecretaría General de la Presidencia.
7. Ministerio Secretaría General de Gobierno (Ministry General Secretariat of the Government):
Subsecretaría General de Gobierno;
Instituto Nacional del Deporte (IND);
División de Organizaciones Sociales (DOS);
Secretaría de Comunicaciones.
& /en 5
8. Ministerio de Economía, Fomento y Turismo (Ministry of Economy, Development and
Tourism):
Subsecretaría de Economía y Empresas de Menor Tamaño;
Subsecretaría de Pesca y Acuicultura;
Servicio Nacional de Turismo (SERNATUR);
Servicio Nacional del Consumidor (SERNAC);
Servicio Nacional de Pesca (SERNAPESCA);
Corporación de Fomento de la Producción (CORFO);
Servicio de Cooperación Técnica (SERCOTEC);
Fiscalía Nacional Económica (FNE);
Invest Chile;
Instituto Nacional de Estadísticas (INE);
& /en 6
Instituto de Propiedad Intelectual (INAPI);
Fondo Nacional de Desarrollo Tecnológico y Productivo(FONDEF);
Superintendencia de Insolvencia y Reemprendimiento;
Instituto Nacional de Desarrollo Sustentable de la Pesca Artesanal y de la Acuicultura de
Pequeña Escala (INDESPA);
Sistema de Empresas Públicas (SEP).
9. Ministerio de Minería (Ministry of Mining):
Subsecretaría de Minería;
Comisión Chilena del Cobre (COCHILCO);
Servicio Nacional de Geología y Minería (SERNAGEOMIN).
10. Ministerio de Energía (Ministry of Energy):
Subsecretaría de Energía;
Comisión Nacional de Energía;
& /en 7
Comisión Chilena de Energía Nuclear (CCHEN);
Superintendencia de Electricidad y Combustible.
11. Ministerio de Desarrollo Social y Familia (Ministry of Social Development and Family):
Subsecretaría de Evaluación Social;
Subsecretaría de Servicios Sociales;
Subsecretaría de la Niñez;
Corporación Nacional Desarrollo Indígena (CONADI);
Fondo de Solidaridad e Inversión Social (FOSIS);
Servicio Nacional de la Discapacidad (SENADIS);
Instituto Nacional de la Juventud (INJUV);
Servicio Nacional del Adulto Mayor (SENAMA).
& /en 8
12. Ministerio de Educación (Ministry of Education);
Subsecretaría de Educación;
Subsecretaría de Educación Parvularia;
Subsecretaría de Educación Superior;
Superintendencia de Educación;
Comisión Nacional de Investigación Científica y Tecnológica (CONICYT);
Junta Nacional de Auxilio Escolar y Becas (JUNAEB);
Junta Nacional de Jardines Infantiles (JUNJI);
Centro de Educación y Tecnología (ENLACES).
13. Ministerio de Justicia y Derechos Humanos (Ministry of Justice and Human Rights):
Subsecretaría de Justicia;
Subsecretaría de Derechos Humanos;
& /en 9
Servicio Nacional de Menores (SENAME);
Servicio Médico Legal;
Gendarmería de Chile;
Servicio Registro Civil e Identificación;
Corporaciones de Asistencia Judicial.
14. Ministerio del Trabajo y Previsión Social (Ministry of Labor and Social Security):
Subsecretaría del Trabajo;
Subsecretaría de Previsión Social;
Dirección del Trabajo;
Servicio Nacional de Capacitación y Empleo (SENCE);
Comisión del Sistema Nacional de Certificación de Competencias Laborales
(CHILEVALORA);
Dirección General del Crédito Prendario;
& /en 10
Superintendencia de Pensiones;
Superintendencia de Seguridad Social;
Instituto de Previsión Social (IPS);
Instituto de Seguridad Laboral (ISL);
Fondo Nacional de Pensiones Asistenciales.
15. Ministerio de Obras Públicas (Ministry of Public Works):
Subsecretaría de Obras Públicas;
Dirección General de Obras Públicas;
Dirección General de Concesiones;
Dirección General de Aguas;
Administración y ejecución de Obras Públicas;
Administración de Servicios de Concesiones Dirección de Aeropuertos;
& /en 11
Dirección de Aeropuertos;
Dirección de Arquitectura;
Dirección de Obras Portuarias;
Dirección de Planeamiento;
Dirección de Obras Hidráulicas;
Dirección de Vialidad;
Dirección de Contabilidad y Finanzas;
Instituto Nacional de Hidráulica;
Superintendencia Servicios Sanitarios (SISS).
16. Ministerio de Transportes y Telecomunicaciones (Ministry of Transport and
TeleCommunications):
Subsecretaría de Transportes;
Subsecretaría de Telecomunicaciones;
& /en 12
Junta de Aeronáutica Civil;
Centro de Control y Certificación Vehicular (3CV);
Comisión Nacional de Seguridad de Tránsito (CONASET);
Unidad Operativa de Control de Tránsito (UOCT).
17. Ministerio de Salud (Ministry of Health):
Subsecretaría de Salud Pública;
Subsecretaría de Redes Asistenciales;
Central de Abastecimiento del Sistema Nacional de Servicios de Salud (CENABAST);
Fondo Nacional de Salud (FONASA);
Instituto de Salud Pública (ISP);
Instituto Nacional del Tórax;
Superintendencia de Salud;
& /en 13
Servicio de Salud Arica y Parinacota;
Servicio de Salud Iquique y Tarapacá;
Servicio de Salud Antofagasta;
Servicio de Salud Atacama;
Servicio de Salud Coquimbo;
Servicio de Salud Valparaíso-San Antonio;
Servicio de Salud Viña del Mar-Quillota;
Servicio de Salud O’Higgins;
Servicio de Salud Maule;
Servicio de Salud Ñuble;
Servicio de Salud Concepción;
Servicio de Salud Tacahuano;
& /en 14
Servicio de Salud Bío-Bío;
Servicio de Salud Arauco;
Servicio de Salud Araucanía Norte;
Servicio de Salud Araucanía Sur;
Servicio de Salud Valdivia;
Servicio de Salud Osorno;
Servicio de Salud Chiloé;
Servicio de Salud Aysén;
Servicio de Salud Magallanes;
Servicio de Salud Metropolitano Norte;
Servicio de Salud Metropolitano Occidente;
Servicio de Salud Central;
& /en 15
Servicio de Salud Oriente;
Servicio de Salud Metropolitano Sur;
Servicio de Salud Metropolitano Sur-Oriente.
18. Ministerio de Vivienda y Urbanismo (Ministry of Housing and Urban Planning):
Subsecretaría de Vivienda y Urbanismo;
Parque Metropolitano;
Servicios de Vivienda y Urbanismo.
19. Ministerio de Bienes Nacionales (Ministry of National Assets):
Subsecretaría de Bienes Nacionales;.
20. Ministerio de Agricultura (Ministry of Agriculture):
Subsecretaría de Agricultura;
Comisión Nacional de Riego (CNR);
& /en 16
Corporación Nacional Forestal (CONAF);
Instituto de Desarrollo Agropecuario (INDAP);
Oficina de Estudios y Políticas Agrícolas (ODEPA);
Servicio Agrícola y Ganadero (SAG);
Instituto de Investigaciones Agropecuarias (INIA);
AgroSeguros;
Agencia Chilena para la Inocuidad y Calidad Alimentaria (ACHIPIA).
21. Ministerio del Medio Ambiente (Ministry of the Environment):
Servicio de Evaluación Ambiental;
Superintendencia de Medio Ambiente.
22. Ministerio del Deporte (Ministry of Sport):
Subsecretaría del Deporte.
& /en 17
23. Ministerio de las Culturas, las Artes y el Patrimonio (Ministry of Culture, Arts and Heritage):
Subsecretaría de las Culturas y las Artes;
Subsecretaría del Patrimonio Cultural;
Consejo Nacional de las Culturas y el Patrimonio;
Consejo Nacional del Libro y la Lectura;
Consejo de Fomento de la Música Nacional;
Servicio Nacional del Patrimonio Cultural;
Fondo de Desarrollo de las Artes y la Cultura (FONDART).
24. Ministerio de la Mujer y la Equidad de Género (Ministry of Women and Gender Equity):
Subsecretaría de la Mujer y la Equidad de Género.
& /en 18
25. Ministerio de Ciencia, Tecnología, Conocimiento e Innovación (Ministry of Science,
Technology, Knowledge and Innovation):
Subsecretaría de Ciencia, Tecnología, Conocimiento e Innovación;.
26. Contraloría General de la República (Comptroller General of Chile)
All Regional Governments (including current and newly created functions, such as Intendencias /
Gobernadores regionales)
All Local Governments (Gobernaciones including current "Gobernador" and newly created
functions, such as "Delegado presidencial provincial")
Note:
All other central public entities including their regional and sub-regional subdivisions provided that
they do not have an industrial or commercial character.
& /en 19
SECTION B
SUB-CENTRAL GOVERNMENT ENTITIES
1. Chapter 21 applies to procurement by the sub-central government entities listed in this Section
where the value of the procurement is estimated, in accordance with Section J of Annex 21-B, to
equal or exceed the following relevant threshold:
Goods
Specified in Section D
Thresholds SDR 200 000
Services
Specified in Section E
Thresholds SDR 200 000
Construction Services
Specified in Section F
Thresholds SDR 5 000 000
& /en 20
2. The monetary thresholds set out in paragraph 1 shall be adjusted in accordance with Section J.
List of entities
All Municipalities (Municipalidades)
Note:
All other sub-central government entities including their subdivisions and all other entities
operating in the general interest and subject to effective and managerial or financial control by
public entities, provided that they do not have an industrial or commercial character.
SECTION C
OTHER ENTITIES COVERED
1. Chapter 21 applies to procurement by other entities listed in this Section where the value of
the procurement is estimated, in accordance with Section J, to equal or exceed the following
relevant threshold:
Goods
Specified in Section D
Thresholds SDR 220 000
& /en 21
Services
Specified in Section E
Thresholds SDR 220 000
Construction Services
Specified in Section F
Thresholds SDR 5 000 000
2. The monetary thresholds set out in paragraph 1 shall be adjusted in accordance with Section J.
List of entities
1. Empresa Portuaria Arica (Arica Port Company);
2. Empresa Portuaria Iquique (Iquique Port Company);
3. Empresa Portuaria Antofagasta (Antofagasta Port Company);
4. Empresa Portuaria Coquimbo (Coquimbo Port Company);
5. Empresa Portuaria Valparaíso (Valparaíso Port Company);
& /en 22
6. Empresa Portuaria San Antonio (San Antonio Port Company);
7. Empresa Portuaria Talcahuano San Vicente (Talcahuano San Vicente Port Company);
8. Empresa Portuaria Puerto Montt (Puerto Montt Port Company);
9. Empresa Portuaria Chacabuco (Chacabuco Port Company);
10. Empresa Portuaria Austral (Austral Port Company);
11. Aeropuertos de propiedad del Estado, dependientes de la Dirección General de Aeronáutica
Civil (DGAC) (State-owned Airports, dependent on the General Directorate for Civil
Aeronautics).
Notes:
All other public undertakings, which have as one of their activities any of those referred to below or
any combination thereof:
(a) the provision of airport or other terminal facilities to carriers by air; and
(b) the provision of maritime or inland port or other terminal facilities to carriers by sea or inland
waterway.
& /en 23
SECTION D
GOODS
Chapter 21 applies to all goods procured by the entities listed in Section A, B or C of this Annex
unless otherwise specified in Chapter 21.
SECTION E
SERVICES
Chapter 21 applies to all services procured by the entities listed in Section A, B or C of this Annex
unless otherwise specified in Chapter 21.
SECTION F
CONSTRUCTION SERVICES
Chapter 21 applies to all construction services procured by the entities listed in Section A, B or C of
this Annex, including public works concession contract, unless otherwise specified in Chapter 21.
Chapter 21 does not apply to construction services intended for Easter Island (Isla de Pascua).
& /en 24
Notes
(a) For construction services the technical specification definition of subparagraph (q) of Article
21.1 includes the constructive methods and constructive design;
(b) The limited tendering circumstances referring to the extreme urgency of subparagraph (d) of
Article 21.14(1), shall be understood as an emergency and catastrophe.
SECTION G
PUBLIC WORKS CONCESSION
For the purposes of this Section, "public works concession contract" means the contractual
agreement by which a private party assumes the execution, repair or maintenance of a public work
in exchange for its temporary exploitation, consisting of the right to control and operate the work
and receive income from it and/or a payment from the State.
This definition includes all classes of contracts subject to the public works concession regulation
(Decree Nº 900 of 1996, of the Ministry of Public Works which establishes the consolidated,
coordinated and systematized text of Decree with Force of Law N° 164 of 1991 of the Ministry of
Public Works, Public Works Concessions Law, and Supreme Decree N° 956 of 1997, of the
Ministry of Public Works, which publishes the Regulations of the Public Works Concessions Law )
& /en 25
Scope
1. Public work concessions contracts, where awarded by entities covered in Sections A or B and
provided their value equals or exceeds 5,000,000 SDR, the following Articles shall apply: Article
21.1, Article 21.2 (except for paragraphs 7 and 8), Article 21.3, Article 21.4** Article 21.5, Article
21.6 (except for subparagraphs (c) and (e) of paragraph 2 and paragraphs 4 and 5), Article 21.7,
Article 21.9, Article 21.10, Article 21.11, Article 21.12.1 Article 21.16, Article 21.17, Article
21.18, Article 21.19, Article 21.20 and Article 21.21.
** In relation to Article 21.4(4), in case of public works concessions, the receipt of tenders shall
be performed using electronic means to the extent possible.
2. Beyond the provisions mentioned in paragraph 1, the Parties' domestic legislation on
concessions shall apply.
Notes
For public work concession, the technical specification definition of subparagraph (q) of Article
21.1, includes the constructive methods and constructive design.
& /en 26
SECTION H
GENERAL NOTES AND DEROGATIONS
Chapter 21 does not apply to procurement of a good or service outside the territory of Chile for
consumption outside the territory of Chile.
SECTION I
PUBLICATIONS
Electronic media utilised for the publication of notices
www.mercadopublico.cl or www.chilecompra.cl
www.mop.cl
http://www.concesiones.cl/proyectos/Paginas/AgendaConcesiones2018_2022.aspx
Laws and regulations
www.diariooficial.cl
& /en 27
Judicial Decisions
http://basejurisprudencial.poderjudicial.cl/
Administrative Rules
https://www.contraloria.cl/web/cgr/dictamenes-y-pronunciamientos-juridicos
SECTION J
THRESHOLD VALUES
1. Chile shall calculate and convert the value of the thresholds to its national currency using the
conversion rates of the daily values of the national currency in terms of Special Drawing Rights,
published monthly by the International Monetary Fund in "International Financial Statistics", over a
period of two years prior to 1 October of the year prior to the thresholds taking effect, which will be
from 1 January of the following year.
2. Chile shall notify the European Union in its national currency on the value of the new
thresholds calculated no later than one month before said thresholds take effect. Thresholds
expressed in the respective national currency shall be fixed for a period of two calendar years.
________________
& /en 28
ANNEX 22
SCHEDULE OF CHILE
1. Obligations concerned: Subparagraph (a) of Article 22.4(1)
Subparagraph (b) of Article 22.4(1)
Subparagraph (c)(i) of Article 22.4(1)
Entity: Empresa Nacional de Petróleo (ENAP) or its successor, its
subsidiaries and affiliates.
Scope of non-conforming activities: With respect to subparagraphs (a) and (b) of Article
22.4(1), the entity may accord preferential treatment in its
purchases of energy goods, such as hydrocarbon or
electric power from any source of generation, for resale in
remote or underserved areas of Chile.
& /en 1
With respect to subparagraphs (a) and (c)(i) of Article
22.4(1), the entity may accord preferential treatment in its
sales of energy goods, such as hydrocarbon or electric
power from any source of generation, to consumers in
remote or underserved areas of Chile.
2. Obligations concerned: Subparagraph (a) of Article 22.4(1)
Subparagraph (b) of Article 22.4(1)
Entity: Corporación Nacional del Cobre (CODELCO) or its
successor, its subsidiaries and affiliates.
Scope of non-conforming activities: With respect to subparagraphs (a) and (b) of
Article 22.4(1), the entity may accord preferential
treatment to enterprises in the territory of Chile in up to
10 % of the total value of its annual purchases of goods
and services.
& /en 2
3. Obligations concerned: Subparagraph (a) of Article 22.4(1)
Subparagraph (b) of Article 22.4(1)
Subparagraph (c)(i) of Article 22.4(1)
Entity: Empresa Nacional de Minería (ENAMI) or its successor,
its subsidiaries and affiliates.
Scope of non-conforming activities: With respect to subparagraphs (a) and (b) of
Article 22.4(1), the entity may accord, pursuant to laws or
regulations, preferential treatment in its purchases of
minerals from small and midsize mineral producers that
are investments of Chilean investors.
With respect to subparagraphs (a) and (c)(i) of Article
22.4(1), the entity may provide technical support and
financial services under preferential terms, to small and
midsize mineral producers that are investments of Chilean
investors.
& /en 3
4. Obligations concerned: Subparagraph (a) of Article 22.4(1)
Subparagraph (b) of Article 22.4(1)
Entity: Empresa de Transporte de Pasajeros Metro S.A.
(METRO) or its successor, its subsidiaries and affiliates.
Scope of non-conforming activities: With respect to
subparagraphs (a) and (b) of Article 22.4(1), the entity
may accord preferential treatment to enterprises in the
territory of Chile in up to 10 % of the total value of its
annual purchases of goods and services.
& /en 4
5. Obligations concerned: Subparagraph (a) of Article 22.4(1)
Subparagraph (b) of Article 22.4(1)
Entity: Televisión Nacional de Chile (TVN) or its successor, its
subsidiaries and affiliates.
Scope of non-conforming activities: With respect to subparagraphs (a) and (b) of
Article 22.4(1), the entity may accord, pursuant to laws or
regulations, preferential treatment to Chilean content and
products in its purchases of programming content.
& /en 5
6. Obligations concerned: Subparagraph (a) of Article 22.4(1), with respect to
financial services
Subparagraph (c)(i) of Article 22.4(1), with respect to
financial services
Entity: Banco del Estado de Chile (BANCO ESTADO) or its
successor, its subsidiaries and affiliates.
Scope of non-conforming activities: With respect to subparagraphs (a) and (c)(i) of Article
22.4(1), the entity may accord, pursuant to laws or
regulations, preferential treatment in the supply of
financial services to underserved segments of the
population in Chile, provided that such financial services
are not intended to displace or impede financial services
provided by privately-owned enterprises from the relevant
market.
& /en 6
7. Obligations concerned: Subparagraph (a) of Article 22.4(1)
Subparagraph (b) of Article 22.4(1)
Entity: All existing and future state-owned enterprises.
Scope of non-conforming activities: With respect to subparagraphs (a) and (b) of
Article 22.4(1), existing and future state-owned enterprises
may accord preferential treatment to indigenous people
and their communities in the purchase of goods and
services.
For the purposes of this entry, indigenous people and their
communities are those recognised under Law No 19.523
of the Ministry of Social Development and Family,or its
successor.
________________
& /en 7
ANNEX 25-A
LEGISLATION OF THE PARTIES
1. EUROPEAN UNION
Regulation (EU) No 1151/2012 of the European Parliament and of the Council
of 21 November 2012 on quality schemes for agricultural products and foodstuffs1, and its
implementing acts.
2. CHILE
(a) Law No. 19.039, which establishes rules applicable to industrial privileges and protection of
industrial property rights, as last amended by Law No. 21.355, which amends Law
No. 19.039, on industrial property, and Law No. 20.254, which establishes the National
Institute of Industrial Property.
(b) Supreme Decree No. 236 of the Ministry of Economy, Development and Reconstruction, of
25 August 2005, approving the Regulations of Law No. 19.039, on Industrial Property.
________________
1 OJ EU L 343, 14.12.2012, p. 1.
& /en 1
ANNEX 25-B
CRITERIA FOR THE OPPOSITION PROCEDURE
AS REFERRED TO IN ARTICLE 25.34
1. List of names with the corresponding transcription into Latin characters.
2. The product type.
3. An invitation to any of the following persons having a legitimate interest to submit objections
to the protection of a name by lodging a duly substantiated statement of opposition:
(a) in the case of the European Union, to any natural or juridical persons except those established
or resident in Chile;
(b) in the case of Chile, to any natural or juridical persons except those established or resident in
a Member State.
4. Statements of opposition must reach the European Commission or the Government of Chile
within two months of the date of publication of the publicity measure;
& /en 1
5. Statements of opposition shall be admissible only if they:
(a) are received within the period set out in paragraph 4 and show that the protection of the name
proposed would:
(i) conflict with the name of a plant variety, including a wine grape variety or an animal
breed and, therefore, is likely to mislead the consumer as to the true origin of the
product;
(ii) be a name which misleads the consumer into believing that products come from another
territory;
(iii) in the light of a trademark's reputation and renown and the length of time it has been
used, be liable to mislead the consumer as to the true identity of the product;
(iv) affect the existence of an entirely or partly identical name, or the existence or
distinctiveness of a trademark, or affect products which have been put in good faith on
the market preceding the date of publication of the publicity measure; or
(b) can give details indicating that the name, for which protection and registration is considered,
is generic.
6. The criteria set out in this Annex shall be evaluated in relation to the territory of the European
Union, which, for the purposes of intellectual property rights, refers only to the territory or
territories where those rights are protected, and the territory of Chile.
________________
& /en 2
ANNEX 25-C
PART A
GEOGRAPHICAL INDICATIONS OF THE EUROPEAN UNION
AS REFERRED TO IN ARTICLE 25.33
Country Designation name Product type
BELGIUM Beurre d'Ardenne Oils and fats (butter, margarine,
etc.)
BELGIUM Fromage de Herve Cheeses
BELGIUM Jambon d'Ardenne Meat products (cooked, salted,
smoked, etc.)
BELGIUM Pâté gaumais Baked meat pastry
BELGIUM Plate de Florenville Fruit, vegetables and cereals fresh
or processed
BULGARIA Българско розово масло Essential oils
(Bulgarsko rozovo maslo)
CZECHIA Budějovické pivoi Beers
CZECHIA Budějovický měšťanský varii Beers
CZECHIA České pivo Beers
CZECHIA Českobudějovické pivoiii Beers
CZECHIA Žatecký chmeliv Hops
& /en 1
Country Designation name Product type
DENMARK Danablu Cheeses
DENMARK Esrom Cheeses
GERMANY Aachener Printen Bread, pastry, cakes, confectionary,
biscuits and other baker's wares
GERMANY Allgäuer Bergkäse Cheeses
GERMANY Allgäuer Emmentaler Cheeses
GERMANY Bayerische Breze / Bayerische Bread, pastry, cakes, confectionary,
Brezn / Bayerische Brez'n / biscuits and other baker's wares
Bayerische Brezel
GERMANY Bayerisches Bier Beers
GEMANY Bremer Bier Beers
GERMANY Dortmunder Bier Beers
GERMANY Dresdner Christstollen / Dresdner Bread, pastry, cakes, confectionary,
Stollen / Dresdner biscuits and other baker's wares
Weihnachtsstollen
GERMANY Holsteiner Katenschinken / Meat products (cooked, salted,
Holsteiner Schinken / Holsteiner smoked, etc.)
Katenrauchschinken / Holsteiner
Knochenschinken
GERMANY Hopfen aus der Hallertauv Hops
GERMANY Kölsch Beers
GERMANY Kulmbacher Bier Beers
GERMANY Lübecker Marzipan Bread, pastry, cakes, confectionary,
biscuits and other baker's wares
& /en 2
Country Designation name Product type
GERMANY Münchener Bier Beers
GERMANY Nürnberger Bratwürste; Nürnberger Meat products (cooked, salted,
Rostbratwürste smoked, etc.)
GERMANY Nürnberger Lebkuchen Bread, pastry, cakes, confectionary,
biscuits and other baker's wares
GERMANY Schwäbische Spätzle / Schwäbische Pasta
Knöpfle
GERMANY Schwarzwälder Schinken Meat products (cooked, salted,
smoked, etc.)
GERMANY Tettnanger Hopfen Hops
GERMANY Thüringer Rostbratwurst Meat products (cooked, salted,
smoked, etc.)
IRELAND Clare Island Salmon Fresh fish, molluscs, and
crustaceans and products derived
therefrom
IRELAND Imokilly Regato Cheeses
GREECE Γραβιέρα Κρήτης (Graviera Kritis) Cheeses
GREECE Γραβιέρα Νάξου (Graviera Naxou) Cheeses
GREECE Ελιά Καλαμάτας (Elia Kalamatas) Fruit, vegetables and cereals fresh
or processed
GREECE Καλαμάτα (Kalamata)vi Oils and fats (butter, margarine,
etc.)
GREECE Κασέρι (Kasseri) Cheeses
& /en 3
Country Designation name Product type
GREECE Κεφαλογραβιέρα (Kefalograviera) Cheeses
GREECE Κολυμβάρι Χανίων Κρήτης Oils and fats (butter, margarine,
(Kolymvari Chanion Kritis) etc.)
GREECE Κονσερβολιά Ροβίων (Konservolia Fruit, vegetables and cereals fresh
Rovion)vii or processed
GREECE Κορινθιακή Σταφίδα Βοστίτσα Fruit, vegetables and cereals fresh
(Korinthiaki Stafida Vostitsa)viii or processed
GREECE Κρόκος Κοζάνης (Krokos Kozanis) Spices
GREECE Λακωνία (Lakonia) Oils and fats (butter, margarine,
etc.)
GREECE Λυγουριό Ασκληπιείου (Lygourio Oils and fats (butter, margarine,
Asklipiiou) etc.)
GREECE Μανούρι (Manouri) Cheeses
GREECE Μαστίχα Χίου (Masticha Chiou) Natural gums and resines
GREECE Πεζά Ηρακλείου Κρήτης (Peza Oils and fats (butter, margarine,
Irakliou Kritis) etc.)
GREECE Σητεία Λασιθίου Κρήτης (Sitia Oils and fats (butter, margarine,
Lasithiou Kritis) etc.)
GREECE Φέτα (Feta)ix Cheeses
GREECE Χανιά Κρήτης (Chania Kritis) Oils and fats (butter, margarine,
etc.)
SPAIN Aceite de la Rioja Oils and fats (butter, margarine,
etc.)
& /en 4
Country Designation name Product type
SPAIN Aceite de Terra Alta; Oli de Terra Oils and fats (butter, margarine,
Alta etc.)
SPAIN Aceite del Baix Ebre-Montsià; Oli Oils and fats (butter, margarine,
del Baix Ebre-Montsià etc.)
SPAIN Aceite del Bajo Aragón Oils and fats (butter, margarine,
etc.)
SPAIN Alfajor de Medina Sidonia Bread, pastry, cakes, confectionery,
biscuits and other baker’s wares
SPAIN Antequera Oils and fats (butter, margarine,
etc.)
SPAIN Azafrán de la Mancha Spices
SPAIN Baena Oils and fats (butter, margarine,
etc.)
SPAIN Carne de Vacuno del País Vasco / Fresh meat (and offal)
Euskal Okela
SPAIN Cecina de León Meat products (cooked, salted,
smoked, etc.)
SPAIN Chorizo Riojano Meat products (cooked, salted,
smoked, etc.)
SPAIN Cítricos Valencianos; Cítrics Fruit, vegetables and cereals fresh
Valenciansx or processed
SPAIN Dehesa de Extremadura Meat products (cooked, salted,
smoked, etc.)
& /en 5
Country Designation name Product type
SPAIN Estepa Oils and fats (butter, margarine,
etc.)
SPAIN Guijuelo Meat products (cooked, salted,
smoked, etc.)
SPAIN Idiazabal Cheeses
SPAIN Jabugo Meat products (cooked, salted,
smoked, etc.)
SPAIN Jamón de Trevélez Meat products (cooked, salted,
smoked, etc.)
SPAIN Jamón de Teruel / Paleta de Teruel Meat products (cooked, salted,
smoked, etc.)
SPAIN Jijona Bread, pastry, cakes, confectionary,
biscuits and other baker's wares
SPAIN Les Garrigues Oils and fats (butter, margarine,
etc.)
SPAIN Los Pedroches Meat products (cooked, salted,
smoked, etc.)
SPAIN Mahón-Menorca Cheeses
SPAIN Pimentón de la Vera Spices
SPAIN Pimentón de Murcia Spices
SPAIN Polvorones de Estepa Bread, pastry, cakes, confectionary,
biscuits and other baker's wares
SPAIN Priego de Córdoba Oils and fats (butter, margarine,
etc.)
& /en 6
Country Designation name Product type
SPAIN Queso Manchego Cheeses
SPAIN Queso Tetilla / Queixo Tetilla Cheeses
SPAIN Salchichón de Vic; Llonganissa de Meat products (cooked, salted,
Vic smoked, etc.)
SPAIN Sidra de Asturias; Sidra d'Asturies Cider
SPAIN Sierra de Cádiz Oils and fats (butter, margarine,
etc.)
SPAIN Sierra de Cazorla Oils and fats (butter, margarine,
etc.)
SPAIN Sierra de Segura Oils and fats (butter, margarine,
etc.)
SPAIN Sierra Mágina Oils and fats (butter, margarine,
etc.)
SPAIN Siurana Oils and fats (butter, margarine,
etc.)
SPAIN Sobrasada de Mallorca Meat products (cooked, salted,
smoked, etc.)
SPAIN Ternera Asturiana Fresh meat (and offal)
SPAIN Ternera de Navarra; Nafarroako Fresh meat (and offal)
Aratxea
SPAIN Ternera Gallega Fresh meat (and offal)
SPAIN Torta del Casar Cheese
& /en 7
Country Designation name Product type
SPAIN Turrón de Alicante Bread, pastry, cakes, confectionary,
biscuits and other baker's wares
SPAIN Vinagre de Jerez Vinegar
FRANCE Abondance Cheeses
FRANCE Banon Cheeses
FRANCE Beaufort Cheeses
FRANCE Bleu d'Auvergne Cheeses
FRANCE Bœuf de Charollesxi Fresh meat (and offal)
FRANCE Brie de Meaux Cheeses
FRANCE Brillat-Savarin Cheeses
FRANCE Camembert de Normandie Cheeses
FRANCE Canard à foie gras du Sud-Ouest Meat products (cooked, salted,
(Chalosse, Gascogne, Gers, Landes, smoked, etc.)
Périgord, Quercy)
FRANCE Cantal; Fourme de Cantal Cheeses
FRANCE Chabichou du Poitouxii Cheeses
FRANCE Chaource Cheeses
FRANCE Comté Cheeses
FRANCE Crottin de Chavignol; Chavignolxiii Cheeses
FRANCE Emmental de Savoie Cheeses
FRANCE Époisses Cheeses
FRANCE Fourme d'Ambert Cheeses
& /en 8
Country Designation name Product type
FRANCE Génisse Fleur d'Aubracxiv Fresh meat (and offal)
FRANCE Gruyèrexv Cheeses
FRANCE Huile d'olive de Haute-Provence Oils and fats (butter, margarine,
etc.)
FRANCE Huile essentielle de lavande de Essential oils
Haute-Provence / Essence de
lavande de Haute-Provence
FRANCE Huîtres Marennes Oléron Fresh fish, molluscs, and
crustaceans and products derived
therefrom
FRANCE Jambon de Bayonne Meat products (cooked, salted,
smoked, etc.)
FRANCE Lentille verte du Puy Fruit, vegetables and cereals fresh
or processed
FRANCE Maroilles / Marolles Cheeses
FRANCE Morbier Cheeses
FRANCE Munster; Munster-Géromé Cheeses
FRANCE Neufchâtel Cheeses
FRANCE Noix de Grenoble Fruit, vegetables and cereals fresh
or processed
FRANCE Pont-l'Évêque Cheeses
FRANCE Pruneaux d'Agen; Pruneaux d'Agen Fruit, vegetables and cereals fresh
mi-cuitsxvi or processed
& /en 9
Country Designation name Product type
FRANCE Reblochon; Reblochon de Savoie Cheeses
FRANCE Roquefort Cheeses
FRANCE Sainte-Maure de Tourainexvii Cheeses
FRANCE Saint-Marcellin Cheeses
FRANCE Saint-Nectaire Cheeses
FRANCE Tomme de Savoie Cheeses
FRANCE Tomme des Pyrénées Cheeses
FRANCE Veau d'Aveyron et du Ségala Fresh meat (and offal)
FRANCE Veau du Limousinxviii Fresh meat (and offal)
FRANCE Volailles de Loué Fresh meat (and offal)
CROATIA Baranjski kulen Meat products (cooked, salted,
smoked, etc.)
CROATIA Dalmatinski pršut Meat products (cooked, salted,
smoked, etc.)
CROATIA / Istarski pršut / Istrski pršut Meat products (cooked, salted,
SLOVENIA smoked, etc.)
CROATIA Krčki pršut Meat products (cooked, salted,
smoked, etc.)
ITALY Aceto Balsamico di Modena Vinegar
ITALY Aceto balsamico tradizionale di Vinegar
Modena
& /en 10
Country Designation name Product type
ITALY Aprutino Pescarese Oils and fats (butter, margarine,
etc.)
ITALY Asiago Cheeses
ITALY Bresaola della Valtellina Meat products (cooked, salted,
smoked, etc.)
ITALY Cantuccini Toscani / Cantucci Bread, pastry, cakes, confectionary,
Toscani biscuits and other baker's wares
ITALY Coppa Piacentina Meat products (cooked, salted,
smoked, etc.)
ITALY Cotechino Modena Meat products (cooked, salted,
smoked, etc.)
ITALY Culatello di Zibello Meat products (cooked, salted,
smoked, etc.)
ITALY Fontina Cheeses
ITALY Garda Oils and fats (butter, margarine,
etc.)
ITALY Gorgonzola Cheeses
ITALY Grana Padano Cheeses
ITALY Mela Alto Adige; Südtiroler Apfel Fruit, vegetables and cereals fresh
or processed
ITALY Mela Val di Non Fruit, vegetables and cereals fresh
or processed
ITALY Montasio Cheeses
& /en 11
Country Designation name Product type
ITALY Mortadella Bologna Meat products (cooked, salted,
smoked, etc.)
ITALY Mozzarella di Bufala Campana Cheeses
ITALY Pancetta Piacentina Meat products (cooked, salted,
smoked, etc.)
ITALY Parmigiano Reggianoxix Cheeses
ITALY Pasta di Gragnano Pasta
ITALY Pecorino Romano Cheeses
ITALY Pecorino Toscano Cheeses
ITALY Pomodoro SAN Marzano dell'Agro Fruit, vegetables and cereals fresh
Sarnese-Nocerinoxx or processed
ITALY Prosciutto di Modena Meat products (cooked, salted,
smoked, etc.)
ITALY Prosciutto di Norcia Meat products (cooked, salted,
smoked, etc.)
ITALY Prosciutto di Parma Meat products (cooked, salted,
smoked, etc.)
ITALY Prosciutto di San Daniele Meat products (cooked, salted,
smoked, etc.)
ITALY Prosciutto Toscano Meat products (cooked, salted,
smoked, etc.)
ITALY Provolone Valpadana Cheeses
ITALY Ragusano Cheeses
& /en 12
Country Designation name Product type
ITALY Salamini italiani alla cacciatora Meat products (cooked, salted,
smoked, etc.)
ITALY Speck Alto Adige / Südtiroler Meat products (cooked, salted,
Markenspeck / Südtiroler Speck smoked, etc.)
ITALY Taleggio Cheeses
ITALY Terra di Bari Oils and fats (butter, margarine,
etc.)
ITALY Toscano Oils and fats (butter, margarine,
etc.)
ITALY Veneto Valpolicella; Veneto Oils and fats (butter, margarine,
Euganei e Berici; Veneto del etc.)
Grappa
ITALY Vitellone bianco dell'Appennino Fresh meat (and offal)
Centrale
ITALY Zampone Modena Meat products (cooked, salted,
smoked, etc.)
CYPRUS Γλυκό Τριαντάφυλλο Αγρού Bread, pastry, cakes, confectionery,
(Glyko Triantafyllo Agrou) biscuits and other baker’s wares
CYPRUS Λουκούμι Γεροσκήπου Bread, pastry, cakes, confectionary,
(Loukoumi Geroskipou) biscuits and other baker's wares
HUNGARY Csabai kolbász/Csabai Meat products (cooked, salted,
vastagkolbász smoked, etc.)
HUNGARY Gyulai kolbász / Gyulai Meat products (cooked, salted,
pároskolbász smoked, etc.)
HUNGARY Kalocsai fűszerpaprika-őrlemény Spices
HUNGARY Szegedi fűszerpaprika-őrlemény / Spices
Szegedi paprika
& /en 13
Country Designation name Product type
HUNGARY Szegedi szalámi; Szegedi Meat products (cooked, salted,
téliszalámi smoked, etc.)
NETHERLANDS Edam Holland Cheeses
NETHERLANDS Gouda Holland Cheeses
AUSTRIA Steirischer Kren Fruit, vegetables and cereals fresh
or processed
AUSTRIA Steirisches Kürbiskernöl Oils and fats (butter, margarine,
etc.)
AUSTRIA Tiroler Bergkäse Cheeses
AUSTRIA Tiroler Graukäse Cheeses
AUSTRIA Tiroler Speck Meat products (cooked, salted,
smoked, etc.)
AUSTRIA Vorarlberger Bergkäse Cheeses
POLAND jabłko grójeckie Fruit, vegetables and cereals fresh
or processed
PORTUGAL Azeite de Moura Oils and fats (butter, margarine,
etc.)
PORTUGAL Azeite do Alentejo Interior Oils and fats (butter, margarine,
etc.)
PORTUGAL Azeites da Beira Interior (Azeite da Oils and fats (butter, margarine,
Beira Alta, Azeite da Beira Baixa) etc.)
PORTUGAL Azeite de Trás-os-Montes Oils and fats (butter, margarine,
etc.)
PORTUGAL Azeites do Norte Alentejano Oils and fats (butter, margarine,
etc.)
PORTUGAL Azeites do Ribatejo Oils and fats (butter, margarine,
etc.)
& /en 14
Country Designation name Product type
PORTUGAL Chouriça de Carne de Vinhais; Meat products (cooked, salted,
Linguiça de Vinhais smoked, etc.)
PORTUGAL Chouriço de Portalegre Meat products (cooked, salted,
smoked, etc.)
PORTUGAL Pêra Rocha do Oestexxi Fruit, vegetables and cereals fresh
or processed
PORTUGAL Presunto de Barrancos / Paleta de Meat products (cooked, salted,
Barrancos smoked, etc.)
PORTUGAL Queijo S. Jorgexxii Cheeses
PORTUGAL Queijo Serra da Estrela Cheeses
PORTUGAL Queijos da Beira Baixa (Queijo de Cheeses
Castelo Branco, Queijo Amarelo da
Beira Baixa, Queijo Picante da
Beira Baixa)
ROMANIA Magiun de prune Topoloveni Fruit, vegetables and cereals fresh
or processed
ROMANIA Salam de Sibiu Meat products (cooked, salted,
smoked, etc.)
ROMANIA Telemea de Ibăneşti Cheeses
SLOVENIA Kranjska klobasa Meat products (cooked, salted,
smoked, etc.)
SLOVENIA Kraška panceta Meat products (cooked, salted,
smoked, etc.)
SLOVENIA Kraški pršut Meat products (cooked, salted,
smoked, etc.)
SLOVENIA Kraški zašink Meat products (cooked, salted,
smoked, etc.)
& /en 15
PART B
GEOGRAPHICAL INDICATIONS OF CHILE
AS REFERRED TO IN ARTICLE 25.33
Country Designation name Product type
CHILE SAL DE CÁHUIL – BOYERUCA Salt
LO VALDIVIA
CHILE PROSCIUTTO DE CAPITÁN Cured ham
PASTENE
CHILE LIMÓN DE PICA Lemons
CHILE LANGOSTA DE JUAN Lobsters
FERNÁNDEZ
CHILE ATÚN DE ISLA DE PASCUA Tuna – Fish/Fish fillets/Live fish
CHILE CANGREJO DORADO DE JUAN Crab – Live/Not live
FERNÁNDEZ
CHILE CORDERO CHILOTE Lamb meat
CHILE DULCES DE LA LIGUA Pastries
CHILE MAÍZ LLUTEÑO Corn
CHILE SANDÍA DE PAINE Watermelon
CHILE ACEITUNAS DE AZAPA Preserved/Fresh olives
& /en 16
Country Designation name Product type
CHILE ORÉGANO DE LA Spices
PRECORDILLERA DE PUTRE
CHILE TOMATE ANGOLINO Tomatoes
CHILE DULCES DE CURACAVÍ Pastries
CHILE ACEITE DE OLIVA DEL VALLE Olive oil
DEL HUASCO
CHILE PUERRO AZUL DE MAQUEHUE Leeks
CHILE SIDRA DE PUNUCAPA Cider
CHILE CHICHA DE CURACAVÍ Fermented beverage
Explanatory notes:
i Protection of the geographical indication "Budějovické pivo" is only sought in Czech
language.
ii Protection of the geographical indication "Budějovický měšťanský var" is only sought in
Czech language.
iii Protection of the geographical indication "Českobudějovické pivo" is only sought in Czech
language.
& /en 17
iv The varietal name "saaz" may continue to be used on similar products, provided that these
products are not commercialised using references (graphics, names, pictures or flags) to the
genuine origin of the geographical indication or exploiting the reputation of the geographical
indication and the consumer is not misled on the nature of such term or the precise origin of a
product or constitutes an act of unfair competition with regard to the geographical indication.
v The varietal name "hallertau" may continue to be used on similar product, provided that these
products are not commercialised using references (graphics, names, pictures or flags) to the
genuine origin of the geographical indication or exploiting the reputation of the geographical
indication and the consumer is not misled on the nature of such term or the precise origin of
product or constitutes an act of unfair competition with regard to the geographical indication."
vi The varietal name "kalamon" may continue to be used on similar products, provided that these
products are not commercialized using references (graphics, names, pictures or flags) to the
genuine origin of the geographical indication or exploiting the reputation of the geographical
indication and the consumer is not misled on the nature of such term or the precise origin of
product or constitutes an act of unfair competition with regard to the geographical indication.
& /en 18
vii The varietal name "konservolia" may continue to be used on similar products, provided that
these products are not commercialised using references (graphics, names, pictures or flags) to
the genuine origin of the geographical indication or exploiting the reputation of the
geographical indication and the consumer is not misled on the nature of such term or the
precise origin of product or constitutes an act of unfair competition with regard to the
geographical indication.
viii The varietal name "pasa de corinto" may continue to be used on similar products, provided
that these products are not commercialised using references (graphics, names, pictures or
flags) to the genuine origin of the geographical indication or exploiting the reputation of the
geographical indication and the consumer is not misled on the nature of such term or the
precise origin of product or constitutes an act of unfair competition with regard to the
geographical indication.
ix The protection of the geographical indication "Φέτα (Feta)" shall not prevent the continued
and similar use of the term "Feta" by any persons, including their successors and assignees,
for a maximum of 6 years from the entry into force of this Agreement, provided that at the
date of entry into force of this Agreement they have used that geographical indication in a
continuous manner with regard to the same or similar goods in the territory of Chile. Within
that period, the use of the term "Feta" must be accompanied with a legible and visible
indication of the geographical origin of the product concerned.
& /en 19
x The varietal name "Valencia" may continue to be used on similar products, provided that
these products are not commercialised using references (graphics, names, pictures or flags) to
the genuine origin of the geographical indication or exploiting the reputation of the
geographical indication and the consumer is not misled on the nature of such term or the
precise origin of product or constitutes an act of unfair competition with regard to the
geographical indication.
xi The protection of the geographical indication "Bœuf de Charolles" in the territory of Chile,
shall not prevent users of the term "Charolesa", indicating a product derived from the animal
breed, to continue using these terms, provided that these products are not commercialised
using references (graphics, names, pictures or flags) to the genuine origin of the geographical
indication or exploiting the reputation of the geographical indication, and provided that the
use of the name of the animal breed does not mislead the consumers or constitutes an act of
unfair competition with regard to the geographical indication.
xii Protection is only sought for the compound term.
xiii Protection is only sought for the compound term.
& /en 20
xiv The protection of the geographical indication "Génisse Fleur d'Aubrac" shall not prevent users
of the term "Aubrac" in the territory of Chile, indicating a product derived from the animal
breed, from continuing to use these terms, provided that these products are not
commercialised using references (graphics, names, pictures, flags) to the genuine origin of the
geographical indication or exploiting the reputation of the geographical indication, and
provided that the use of the name of the animal breed does not mislead the consumers or
constitutes unfair competition with regard to the geographical indication.
xv The protection of the geographical indication " Gruyère" shall not prevent prior users listed in
Appendix 25-C-2, of the term " Gruyère /Gruyere" in the territory or Chile, which had been
using this term in good faith and with recurrent presence on the market within 12 months
before the conclusion of negotiations of this Agreement of 9 December 2022, from continuing
to use that term, provided that these products are not commercialised using references (e.g.
graphics, names, pictures or flags) to the genuine origin of "Gruyère" and are differentiated
from "Gruyère" in a non-ambiguous manner as regards the origin and provided that the term
is displayed in a font character that, while being readable, is substantially smaller than the
brand name, and is differentiated from it in a non-ambiguous manner as regards the origin of
the product. The designation "Gruyère" refers, within the territory of the European Union, to
two homonymous geographical indications, respectively in respect of a Swiss and a French
cheese. The European Union shall not oppose a possible application aiming at the protection
of the said Swiss homonymous geographical indication in Chile.
& /en 21
xvi The name "d’Agen" may continue to be used as a variety for fresh plums and plum-trees,
provided that these products are not commercialised using references (e.g. graphics, names,
pictures or flags) to the genuine origin of the geographical indication or exploiting the
reputation of the geographical indication and provided that the consumer is not misled on the
nature of such term or the precise origin of the product or constitutes an act of unfair
competition with regard to the geographical indication.
xvii Protection is only sought for the multicomponent term.
xviii The protection of the geographical indication "Veau du Limousin" shall not prevent users of
the term "Limousin" in the territory of Chile, indicating a product derived from the animal
breed, from continuing to use these terms, provided that these products are not
commercialised using references (graphics, names, pictures or flags) to the genuine origin of
the geographical indication or exploiting the reputation of the geographical indication, and
provided the use of the name of the animal breed name does not mislead the consumers or
constitutes an act of unfair competition with regard to the geographical indication.
& /en 22
xix The protection of the geographical indication "Parmigiano Reggiano" shall not prevent prior
users listed in Appendix 25-C-2 of the term "Parmesano" in the territory or Chile, having used
this term in good faith and with recurrent presence on the market within 12 months before the
conclusion of negotiations of this Agreement of 9 December 2022 from continuing to use that
term, provided that these products are not commercialised using references (e.g. graphics,
names, pictures or flags) to the genuine origin of "Parmigiano Reggiano" and are
differentiated from "Parmigiano Reggiano" in a non-ambiguous manner as regards the origin
and provided the term is displayed in a font character that, while being readable, is
substantially smaller than the brand name, and is differentiated from it in a non-ambiguous
manner as regards the origin of the product.
xx The varietal name "San Marzano" may continue to be used as a variety for fresh tomatoes and
tomato plants, provided that these products are not commercialised using references (graphics,
names, pictures or flags) to the genuine origin of the geographical indication or exploiting the
reputation of the geographical indication and the consumer is not misled on the nature of such
term or the precise origin of product or constitutes an act of unfair competition with regard to
the geographical indication.
& /en 23
xxi The varietal name "Pêra Rocha" may continue to be used on similar product, provided that
these products are not commercialised using references (graphics, names, pictures or flags) to
the genuine origin of the geographical indication or exploiting the reputation of the
geographical indication and the consumer is not misled on the nature of such term or the
precise origin of product or constitutes an act of unfair competition with regard to the
geographical indication.
xxii The protection of the term "Queijo S. Jorge" shall not restrict the use of the term "San Jorge"
in Chile as an existing registered trademark, provided that such use does not mislead the
consumer as to the origin of the product. The term "Queijo S. Jorge" should only be used as a
multicomponent term, and in combination with an indication of its origin and a brand name.
& /en 24
Appendix 25-C-1
LIST OF INDIVIDUAL COMPONENTS
AS REFERRED TO IN ARTICLE 25.35 (9)
For listed geographical indications of the European Union:
As regards the list of geographical indications of the European Union set out in Part A of Annex 25-
C, the protection provided in accordance with Article 25.35 of the Agreement is not sought in
respect of the following individual terms, which are components of a multicomponent term that is
protected as a geographical indication name:
"aceite","Aceto balsamico", "tradizionale", "aceto", "alfajor"; "alla cacciatora", "amarelo"
"Apfel""azafran", "azeite","azeites", "Bayrische", "Bergkäse", "beurre", "Bier", "bleu" "boeuf",
"Bratwürste", "Bresaola";"Breze";"Brezn";"Brez’n";"Brezel";"brie", "camembert", "Canard à foie
gras" ;"cantucci";"cantuccini", "carne", "carne de vacuno" "cecina", "chmel", "chorizo", "chouriça
de carne","chouriço", "Christstollen", "citricos", "citrics", "coppa", "cotechino"; "culatello";
"dehesa", "edam", "emmental", "Emmentaler", "Ελιά (Elia)"; "Essence de lavande";"fromage",
"fűszerpaprika-őrlemén", "génisse", "Γλυκό Τριαντάφυλλο" (Glyko Triantafyllo); "gouda",
"Graukäse", "graviera"; "Hopfen", "huile d’olive", "huile essentielle de lavande","huîtres", "island",
"jabłko", "jambon", "Katenrauchschinken", "Katenschinken", "klobasa", ""Knochenschinken",
"Knöpfle", "kolbász", "Kren", "Κρόκος" (Krokos); "kulen", "Kürbiskernöl", "Lebkuchen",
"lentille", "lentille verte", "linguiça", "llonganissa", "Λουκούμι" (Loukoumi); "magiun de prune"
"Markenspeck", "Marzipan", "mela", "mortadella", "mozzarella", "mozzarella di bufala"; "noix",
"oli", "paleta";"panceta"."pancetta", "paprika", "pároskolbász", "pasta", "paté", "pecorino", "pêra",
"pimentòn";"picante";"pivo", "plate"; "polvorones", "pomodoro", "presunto", "prosciutto",
"provolone", "pruneaux mi-cuits","pruneaux","priego", "printen", "pršut", "prune", "queijo",
"queijos", "queixo", "queso", "розово масло" (rozovo maslo), "Rostbratwurst", "salam",
"salamini", "salchichón", "salmon", "Schincken", "sidra", "sierra", "sobrasada", "Spätzle", "Speck",
"Σταφίδα" (Stafida); "Stollen";"szalámi","telemea","Téliszalámi";"ternera","terra", "tomme",
"torta", "turrón", "vastagkolbász", "var", "veau", "vinagre", "vitellone bianco"
"volailles"„Weihnachtsstollen", "zampone"; "zašink".
& /en 25
For listed geographical indications of Chile:
As regards the list of geographical indications of Chile set out in Part B of Annex 25-C, the
protection provided in accordance with Article 25.35 of the Agreement is not sought in respect of
the following individual terms, which are components of a multicomponent term that is protected as
a geographical indication name:
"aceite";"aceitunas";"atún";"cangrejo";"chicha";"cordero";"dulces";"isla";"langosta""limón";"maíz"
;"oregano";"prosciutto";"puerro";"sal" ;"sandía";"sidra""tomate".
& /en 26
Appendix 25-C-2
LIST OF PRIOR USERS
List of prior users to be included in this Appendix before signature of the Agreement – Chile to
send the list.
Parmesano
– AGRÍCOLA Y LÁCTEOS LAS VEGAS S.A.
– AGROCOMERCIAL CODIGUA SPA
– ALVI SUPERMERCADOS MAYORISTAS S.A.
– ALTAS CUMBRES GROUP SPA
– ARTHUR SCHUMAN INC.
– BODEGA GOURMET SPA
– CASO Y CIA SAC
– CENCOSUD S.A.
– COMERCIAL DE CAMPO S.A.
– CONAPROLE
– COOPERATIVA AGRÍCOLA Y LECHERA DE LA UNIÓN LTDA.
– ELABORADORA DE ALIMENTOS GOURMET LIMITADA
& /en 27
– HIPERMERCADOS TOTTUS S.A.
– LACTEOS KUMEY SPA
– PRODUCTOS FERNANDEZ S.A.
– QUILLAYES SURLAT COMERCIAL SPA
– REMOTTI S.A.
– RENDIC HERMANOS S.A.
– SCHREIBER FOODS
– SOPROLE INVERSIONES S.A.
– SUPER 10 S.A.
– VIVAFOODS SPA
– WALMART CHILE S.A.
Gruyere/Gruyère
– AGRICOLA Y LACTEOS LAS VEGAS S.A.
– BODEGA GOURMET SPA
– COMERCIAL DE CAMPO S.A.
– QUESERÍA PETITE FRANCE LIMITADA
& /en 28
– QUILLAYES SURLAT COMERCIAL SPA
– SANTA ROSA CHILE ALIMENTOS LTDA.
________________
& /en 29
ANNEX 31-A
RULES OF PROCEDURE
I. Definitions
1. For the purposes of this Annex:
(a) "administrative staff" means, in respect of a panellist, individuals under the direction and
control of a panellist, other than assistants;
(b) "adviser" means an individual retained by a Party to advise or assist that Party in connection
with the panel proceedings;
(c) "assistant" means an individual who, under the terms of appointment and under the direction
and control of a panellist, conducts research or provides assistance to that panellist; and
(d) "representative of a Party" means an employee or any individual appointed by a government
department, agency or any other public entity of a Party who represents the Party for the
purposes of a dispute under Chapter 31.
& /en 1
II. Notifications
2. Any request, notice, written submission or other document of:
(a) the panel shall be sent to both Parties at the same time;
(b) a Party, which is addressed to the panel, shall be copied to the other Party at the same time;
and
(c) a Party, which is addressed to the other Party, shall be copied to the panel at the same time, as
appropriate.
3. Any notification referred to in Rule 2 shall be made by e-mail or, where appropriate, any
other means of telecommunication that provides a record of the sending thereof. Unless proven
otherwise, such notification shall be deemed to be delivered on the date of its sending.
4. All notifications shall be addressed to the Directorate-General for Trade of the European
Commission of the European Union and to the Undersecretariat of International Economic
Relations of Chile, or their successors, respectively.
5. Minor errors of a clerical nature in a request, notice, written submission or other document
related to the panel proceedings may be corrected by delivery of a new document clearly indicating
the changes.
& /en 2
6. If the last day for delivery of a document falls on a non-working day of the European
Commission or of Chile, the time period for the delivery of the document shall end on the first
following working day.
III. Appointment of panellists
7. If pursuant to Article 31.6 a panellist or a chairperson is selected by lot, the co-chair of the
Trade Committee of the complaining Party shall promptly inform the co-chair of the Party
complained against of the date, time and venue of the selection by lot. The Party complained against
may, if it so chooses, be present during the lot selection. In any event, the selection by lot shall be
carried out with the Party or Parties that are present.
8. The co-chair of the Trade Committee of the complaining Party shall notify, in writing, each
individual who has been selected to serve as a panellist of their appointment. Each individual shall
confirm their availability to the Parties within five days after the date on which they were informed
of their appointment.
9. The co-chair of the Trade Committee of the complaining Party shall select by lot the panellist
or chairperson, within five days after the expiry of the time period provided for in Article 31.6(2),
if any of the sub-lists referred to in Article 31.8(1):
(a) is not established – from the individuals who have been formally proposed by one or both
Parties for the establishment of that particular sub-list; or
& /en 3
(b) no longer contain at least five individuals – from the individuals who remain on that particular
sub-list.
10. The Parties shall endeavour to ensure that, at the latest by the time all the panellists have
notified the Parties the acceptance of their appointment in accordance with Article 31.6(5), they
agree on the remuneration and the reimbursement of expenses of the panellists and assistants, and
have prepared the necessary appointment contracts, with a view to having them signed promptly.
The remuneration and expenses of the panellists shall be based on WTO standards. The
remuneration and expenses of an assistant or assistants of a panellist shall not exceed 50 % of the
remuneration of the panellist that they assist.
IV. Organisational meeting
11. Unless the Parties agree otherwise, they shall meet the panel within seven days of the
establishment of the panel in order to determine such matters that the Parties or the panel deem
appropriate, including the timetable of the panel proceedings. Panellists and representatives of the
Parties may take part in this meeting through any means, including telephone or video conference.
& /en 4
V. Written submissions
12. The complaining Party shall deliver its written submission no later than 20 days after the date
of establishment of the panel. The Party complained against shall deliver its written submission no
later than 20 days after the date of delivery of the written submission of the complaining Party.
VI. Operation of the panel
13. The chairperson of the panel shall preside over all its meetings. Further to Rules 17 and 18,
the panel may delegate to the chairperson the authority to make administrative or procedural
decisions.
14. Unless otherwise provided in Chapter 31 or in this Annex, the panel may conduct its activities
by any means, including telephone, video conference or other electronic means of communication.
15. Only panellists may take part in the deliberations of the panel, but the panel may permit the
assistants of the panellists to be present at its deliberations.
16. The drafting of any decision and report shall remain the exclusive responsibility of the panel
and shall not be delegated.
& /en 5
17. If a procedural question arises that is not covered by Chapter 31, this Annex or Annex 31-B,
the panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with
those provisions.
18. If the panel considers that there is a need to modify any of the time periods for the
proceedings other than the time periods set out in Chapter 31 or to make any other procedural or
administrative adjustment, it shall inform the Parties in writing of the modification of the time
period or any other procedural or administrative adjustment needed and the reasons therefor. The
panel may adopt such modification or adjustment after consultation with the Parties.
VII. Replacement
19. If a Party considers that a panellist does not comply with the requirements of Annex 31-B
and for this reason should be replaced, that Party shall notify the other Party within 15 days after the
date on which it obtained sufficient evidence of the panellist's alleged failure to comply with the
requirements of Annex 31-B.
20. The Parties shall consult with each other within 15 days after the notification referred to in
Rule 19. They shall inform the panellist of their alleged failure and they may request the panellist to
take steps to remedy the failure. The Parties may also agree to remove the panellist and select a new
panellist in accordance with Article 31.6.
& /en 6
21. If, pursuant to Rule 20, the Parties fail to agree on the need to replace the panellist, other than
the chairperson of the panel, either Party may refer this matter to the chairperson of the panel,
whose decision shall be final. If the chairperson of the panel finds that the panellist does not comply
with the requirements of Annex 31-B, the panellist shall be removed and replaced by a new
panellist selected in accordance with Article 31.6.
22. If, pursuant to Rule 20, the Parties fail to agree on the need to replace the chairperson of the
panel, either Party may request to refer this matter to one of the remaining individuals on the sub-
list of chairpersons established pursuant to subparagraph (c) of Article 31.8(1). The co-chair of the
Trade Committee of the requesting Party, or that co-chair’s delegate, shall draw the name of that
individual by lot. The decision by the selected individual on the need to replace the chairperson
shall be final. If this selected individual finds that the chairperson does not comply with the
requirements of Annex 31-B, a new chairperson shall be selected in accordance with Article 31.6.
VIII. Hearings
23. Based upon the timetable determined pursuant to Rule 11, after consulting with the Parties
and the other panellists, the chairperson of the panel shall notify to the Parties the date, time and
venue of the hearing. This information shall be made publicly available by the Party in the territory
of which the hearing takes place, unless the hearing is closed to the public.
& /en 7
24. Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining
Party is Chile and in Santiago if the complaining Party is the European Union. The Party
complained against shall bear the expenses derived from the logistical administration of the hearing.
In duly justified circumstances and at the request of a Party, the panel may decide to hold a virtual
or hybrid hearing and make appropriate arrangements, after consulting the Parties, taking into
account the rights of due process and the need to ensure transparency.
25. The panel may convene additional hearings if the Parties so agree.
26. All panellists shall be present during the entirety of the hearing.
27. Unless the Parties agree otherwise, the following persons may attend the hearing, irrespective
of whether the hearing is open to the public or not:
(a) representatives of a Party;
(b) advisers;
(c) assistants and administrative staff;
& /en 8
(d) interpreters, translators and stenographers of the panel; and
(e) experts, as decided by the panel pursuant to Article 31.22(2).
28. No later than five days before the date of a hearing, each Party shall deliver to the panel and
to the other Party a list of the names of persons who will make oral arguments or presentations at
the hearing on behalf of that Party and of other representatives and advisers who will be attending
the hearing.
29. The panel shall conduct the hearing in the following manner, ensuring that the complaining
Party and the Party complained against are afforded equal time in both argument and rebuttal
argument:
(a) Argument:
(i) argument of the complaining Party;
(ii) argument of the Party complained against.
& /en 9
(b) Rebuttal argument:
(i) reply of the complaining Party;
(ii) counter-reply of the Party complained against.
30. The panel may direct questions to either Party at any time during the hearing.
31. The panel shall arrange for a recording of the hearing to be prepared and delivered to the
Parties as soon as possible after the hearing.
32. Each Party may deliver a supplementary written submission concerning any matter that arose
during the hearing within 10 days after the date of the hearing.
IX. Questions in writing
33. The panel may at any time during the proceedings submit questions in writing to one or both
Parties. Any questions submitted to one Party shall be copied to the other Party.
34. Each Party shall provide the other Party with a copy of its responses to the questions
submitted by the panel. The other Party shall have an opportunity to provide comments in writing
on the Party’s responses within five days after the delivery of such copy.
& /en 10
X. Confidentiality
35. Each Party and the panel shall treat as confidential any information submitted by the other
Party to the panel which that other Party has designated as confidential. When a Party submits to the
panel a written submission which contains confidential information, it shall also provide, within 15
days, a submission without the confidential information which shall be disclosed to the public.
36. Nothing in this Annex shall preclude a Party from disclosing statements of its own positions
to the public to the extent that, when making reference to information submitted by the other Party,
it does not disclose any information designated by the other Party as confidential.
37. The panel hearings shall be held in closed session when the submission or arguments of a
Party contains confidential information. The Parties shall maintain the confidentiality of the panel
hearings when the hearings are held in closed session.
XI. Ex parte contacts
38. The panel shall not meet or communicate with a Party in the absence of the other Party.
39. A panellist shall not discuss any aspect of the subject matter of the proceedings with one Party
or both Parties in the absence of the other panellists.
& /en 11
XII. Amicus curiae submissions
40. Unless the Parties agree otherwise within five days after the date of the establishment of the
panel, the panel may receive unsolicited written submissions from natural persons of a Party or
juridical persons established in the territory of a Party that are independent from the governments of
the Parties, provided that they:
(a) are received by the panel within 10 days after the date of the establishment of the panel;
(b) are concise and in no case longer than 15 pages, including any annexes, typed at double
space;
(c) are directly relevant to a factual or a legal issue under consideration by the panel;
(d) contain a description of the person making the submission, including for a natural person their
nationality and for a juridical person its place of establishment, the nature of its activities, its
legal status, general objectives and its source of financing;
(e) specify the nature of the interest that the person has in the panel proceedings; and
(f) are drafted in the languages chosen by the Parties in accordance with Rules 44 and 45.
& /en 12
41. The submissions shall be delivered to the Parties by the panel for their comments. The Parties
may submit comments, within 10 days after the date of the delivery, to the panel.
42. The panel shall list in its report all the submissions it has received pursuant to Rule 40. The
panel shall not be obliged to address in its report the arguments made in such submissions, however,
if it does, it shall also take into account any comments made by the Parties pursuant to Rule 41.
XIII. Urgent cases
43. If the case concerns a matter of urgency as referred to in Article 31.12, the panel, after
consulting the Parties, shall adjust, as appropriate, the time periods referred to in this Annex. The
panel shall notify the Parties of those adjustments.
XIV. Working language and translations
44. During the consultations referred to in Article 31.4, and no later than the date of the
organisational meeting referred to in Rule 11 of this Annex, the Parties shall endeavour to agree on
a common working language for the proceedings before the panel.
& /en 13
45. If the Parties are unable to agree on a common working language, each Party shall make its
written submissions in its chosen language. Each Party shall provide at the same time a translation
in the language chosen by the other Party, unless its submissions are written in one of the working
languages of the WTO. The Party complained against shall arrange for the interpretation of oral
submissions into the languages chosen by the Parties.
46. Panel reports and decisions shall be issued in the languages chosen by the Parties. If the
Parties have not agreed on a common working language, the interim and final report of the panel
shall be issued in one of the working languages of the WTO.
47. A Party may provide comments on the accuracy of the translation of any translated version of
a document drawn up in accordance with this Annex.
48. Each Party shall bear the costs of the translation of its written submissions. Any costs incurred
for translation of reports and decisions of the panel shall be borne equally by the Parties.
XV. Special time periods
49. The time periods laid down in this Annex shall be adjusted in line with the special time
periods provided for the adoption of a report or decision by the panel in the proceedings under
Articles 31.15 to 31.18.
________________
& /en 14
ANNEX 31-B
CODE OF CONDUCT FOR PANELLISTS AND MEDIATORS
I. Definitions
1. For the purposes of this Annex:
(a) "administrative staff" means, in respect of a panellist, individuals under the direction and
control of a panellist, other than assistants;
(b) "assistant" means an individual who, under the terms of appointment and under the direction
and control of a panellist, conducts research or provides assistance to that panellist; and
(c) "candidate" means an individual whose name is on the list of panellists referred to in Article
31.8 and who is under consideration for selection as a panellist pursuant to Article 31.6.
& /en 1
II. Governing principles
2. In order to preserve the integrity and impartiality of the dispute settlement mechanism, each
candidate and panellist shall:
(a) get acquainted with this Code of conduct;
(b) be independent and impartial;
(c) avoid direct or indirect conflicts of interests;
(d) avoid impropriety and the appearance of impropriety or bias;
(f) observe high standards of conduct; and
(e) not be influenced by self-interest, outside pressure, political considerations, public clamour or
loyalty to a Party or fear of criticism.
3. A panellist shall not, directly or indirectly, incur any obligation or accept any benefit that
would in any way interfere, or appear to interfere, with the proper performance of their duties.
& /en 2
4. A panellist shall not use their position on the panel to advance any personal or private
interests. A panellist shall avoid actions that may create the impression that others are in a special
position to influence them.
5. A panellist shall not allow past or existing financial, business, professional, personal or social
relationships or responsibilities to influence their conduct or judgement.
6. A panellist shall avoid entering into any relationship or acquiring any financial interest that is
likely to affect their impartiality, or that might reasonably create an appearance of impropriety or
bias.
III. Disclosure obligations
7. A candidate requested to serve as a panellist pursuant to Article 31.6 shall, prior to the
acceptance of their appointment, disclose any interest, relationship or matter that is likely to affect
their independence or impartiality, or that might reasonably create an appearance of impropriety or
bias in the proceedings. To this end, a candidate shall make all reasonable efforts to become aware
of any such interests, relationships or matters, including financial, professional, employment or
family interests.
& /en 3
8. The disclosure obligation set out in paragraph 7 is a continuing duty which requires a panellist
to disclose any such interests, relationships or matters that may arise during any stage of the
proceedings.
9. A candidate or a panellist shall communicate to the Trade Committee for consideration by the
Parties any matters concerning actual or potential violations of this Annex at the earliest time they
become aware of them.
IV. Duties of panellists
10. Upon acceptance of their appointment, a panellist shall be available to perform and shall
perform their duties thoroughly and expeditiously throughout the proceedings and with fairness and
diligence.
11. A panellist shall consider only the issues raised in the proceedings and necessary for a
decision and shall not delegate this duty to any other person.
12. A panellist shall take all appropriate steps to ensure that their assistants and administrative
staff are aware of, and comply with, the obligations of panellists set out in Parts II, III, IV and VI of
this Annex.
& /en 4
V. Obligations of former panellists
13. Each former panellist shall avoid actions that may create the appearance that they were biased
in carrying out the duties or derived advantage from the decision of the panel.
14. Each former panellist shall comply with the obligations set out in Part VI of this Annex.
VI. Confidentiality
15. A panellist shall not disclose, at any time, any non-public information concerning the
proceedings or acquired during the proceedings for which they have been appointed. A panellist
shall not, in any case, disclose or use such information to gain personal advantage or advantage for
others or to adversely affect the interest of others.
16. A panellist shall not disclose a decision of the panel or parts thereof prior to its publication in
accordance with Chapter 31.
17. A panellist shall not, at any time, disclose the deliberations of a panel, or any panellist's view,
nor make any statements on the proceedings for which they have been appointed, or on the issues in
dispute in the proceedings.
& /en 5
VII. Expenses
18. Each panellist shall keep a record and render a final account of the time devoted to the
proceedings and of their expenses, as well as the time and expenses of their assistants and
administrative staff.
VIII. Mediators
19. This Annex applies to mediators, mutatis mutandis.
& /en 6
PROTOCOL TO THE INTERIM AGREEMENT ON TRADE BETWEEN THE EUROPEAN
UNION, OF THE ONE PART, AND THE REPUBLIC OF CHILE, OF THE OTHER PART
ON MUTUAL ADMINISTRATIVE ASSISTANCE
IN CUSTOMS MATTERS
ARTICLE 1
Definitions
For the purposes of this Protocol:
(a) "applicant authority" means a competent administrative authority which has been designated
by a Party for this purpose and which makes a request for assistance on the basis of this
Protocol;
(b) "customs legislation" means any laws or regulations applicable in the territory of a Party,
governing the import, export and transit of goods and their placing under any other customs
regime or procedure, including measures of prohibition, restriction and control;
(c) "information" means any data, document, image, report, communication or authenticated
copy, in any format, including electronic, whether or not processed or analysed;
& /en 1
(d) "operation in breach of customs legislation" means any violation or attempted violation of
customs legislation; and
(e) "requested authority" means a competent administrative authority which has been designated
by a Party for this purpose and which receives a request for assistance on the basis of this
Protocol.
ARTICLE 2
Scope
1. The Parties shall assist each other, in the areas within their competence, in the manner and
under the conditions laid down in this Protocol, to ensure the correct application of customs
legislation, in particular by preventing, investigating and combating operations in breach of that
legislation.
2. Assistance in customs matters, as provided for in this Protocol, applies to any administrative
authority of a Party which is competent for the application of this Protocol. That assistance shall
neither prejudice the provisions governing mutual assistance in criminal matters nor cover
information obtained under powers exercised at the request of a judicial authority, except where
communication of such information is authorised by that authority.
3. Assistance to recover duties, taxes or fines is not covered by this Protocol.
& /en 2
ARTICLE 3
Assistance on request
1. At the request of the applicant authority, the requested authority shall provide it with all
relevant information which may enable it to ensure that customs legislation is correctly applied,
including information related to noted or planned activities which are or could be operations in
breach of customs legislation.
2. At the request of the applicant authority, the requested authority shall provide information on
whether:
(a) goods exported from the territory of a Party have been properly imported into the territory of
the other Party, specifying, where appropriate, the customs procedure applied to the goods;
(b) goods imported into the territory of a Party have been properly exported from the territory of
the other Party, specifying, where appropriate, the customs procedure applied to the goods.
& /en 3
3. At the request of the applicant authority, the requested authority shall, within the framework
of its laws and regulations, take the necessary steps to ensure special surveillance of:
(a) natural or juridical persons in respect of whom there are reasonable grounds for believing that
they are or have been involved in operations in breach of customs legislation;
(b) goods that are or may be transported in such a way that there are reasonable grounds for
believing that they are intended to be used in operations in breach of customs legislation;
(c) places where stocks of goods have been or may be assembled in such a way that there are
reasonable grounds for believing that those goods are intended to be used in operations in
breach of customs legislation; and
(d) means of transport that are or may be used in such a way that there are reasonable grounds for
believing that they are intended to be used in operations in breach of customs legislation.
& /en 4
ARTICLE 4
Spontaneous assistance
The Parties shall assist each other, at their own initiative and in accordance with their laws and
regulations, if they consider that to be necessary for the correct application of customs legislation,
by providing information obtained pertaining to concluded, planned or ongoing activities which
constitute or appear to constitute operations in breach of customs legislation and which may be of
interest to the other Party. The information shall focus in particular on:
(a) persons, goods and means of transport; and
(b) new means or methods employed in carrying out operations in breach of customs legislation.
ARTICLE 5
Form and substance of requests for assistance
1. Requests pursuant to this Protocol shall be made in writing either in print or electronic format.
They shall be accompanied by the documents necessary to enable compliance with the request. In
case of urgency, the requested authority may accept oral requests, which shall be immediately
confirmed by the applicant authority in writing.
& /en 5
2. Requests referred to in paragraph 1 shall include the following information:
(a) the applicant authority and requesting official;
(b) the information and type of assistance requested;
(c) the object of and the reason for the request;
(d) the relevant laws and regulations and other legal elements involved;
(e) indications, as exact and comprehensive as possible, on the natural or juridical persons who
are the target of the investigations;
(f) a summary of the relevant facts and of the enquiries already carried out; and
(g) any additional available details to enable the requested authority to comply with the request.
3. Requests shall be submitted in an official language of the requested authority or in a language
acceptable to that authority, English always being an acceptable language. This requirement does
not apply to any documents that accompany the request under paragraph 1.
& /en 6
4. If a request does not meet the formal requirements set out in paragraphs 1, 2 and 3, the
requested authority may require the correction or the completion of the request; in the meantime,
precautionary measures may be ordered.
ARTICLE 6
Execution of requests
1. In order to comply with a request for assistance, the requested authority shall proceed, within
the limits of its competence and available resources, as though it were acting on its own account or
at the request of another authority of that same Party, by supplying information already in its
possession, by carrying out appropriate enquiries or by arranging for them to be carried out. If the
requested authority addresses the request to another authority because it cannot act alone, this
paragraph shall also apply to that other authority.
2. Requests for assistance shall be executed in accordance with the laws and of the requested
Party.
3. The requested authority shall send a reply to the request for assistance within two months of
its receipt. If the requested authority is not in a position to comply with the request for assistance
within this period, it shall inform the applicant authority indicating when it foresees that it might
comply with the request.
& /en 7
ARTICLE 7
Form in which information is to be communicated
1. The requested authority shall communicate results of enquiries to the applicant authority in
writing together with relevant documents, certified true copies or other items. This information may
be provided in electronic format.
2. Original documents shall be transmitted according to each Party’s legal constraints, only upon
request of the applicant authority, in cases where certified true copies would be insufficient. The
applicant authority shall return these original documents at the earliest opportunity.
3. When paragraph 2 applies, the requested authority shall deliver to the applicant authority any
information related to the authenticity of the documents issued or certified by official agencies
within its territory in support of a goods declaration.
& /en 8
ARTICLE 8
Presence of officials of a Party in the territory of the other Party
1. Duly authorised officials of a Party may, with the agreement of the other Party and subject to
the conditions laid down by the latter, be present in the offices of the requested authority or any
other concerned authority referred to in Article 6(1), to obtain information relating to activities that
are or could be operations in breach of customs legislation, which the applicant authority needs for
the purposes of this Protocol.
2. Duly authorised officials of a Party may, with the agreement of the other Party and subject to
the conditions laid down by the latter, be present at enquiries carried out in the territory of that other
Party.
3. The presence of duly authorised officials of a Party in the territory of the other Party shall
solely be in an advisory capacity, during which time those duly authorised officials:
(a) must at all times be able to furnish proof of their official capacity;
(b) shall not wear uniform, nor carry weapons; and
(c) shall enjoy the same protection as that afforded to officials of the other Party, in accordance
with the laws and regulations of that other Party.
& /en 9
ARTICLE 9
Delivery and notification
1. At the request of the applicant authority, the requested authority shall, in accordance with the
laws and regulations applicable to that authority, take all necessary measures in order to deliver any
documents or to notify any decisions of the applicant authority falling within the scope of this
Protocol to an addressee residing or established in the territory of the requested authority.
2. Such requests for delivery of documents or notification of decisions shall be made in writing
in an official language of the requested authority or in a language acceptable to that authority.
ARTICLE 10
Automatic exchange of information
1. The Parties may, by mutual arrangement in accordance with Article 15:
(a) exchange any information covered by this Protocol on an automatic basis; and
& /en 10
(b) exchange specific information in advance of the arrival of consignments in the territory of the
other Party.
2. The Parties shall establish arrangements on the type of information they wish to exchange and
the format and the frequency of transmission, to implement the exchanges under subparagraphs (a)
and (b) of paragraph 1.
ARTICLE 11
Exceptions to the obligation to provide assistance
1. Assistance may be refused or may be subject to the satisfaction of certain conditions or
requirements if a Party is of the opinion that assistance under this Protocol would:
(a) be likely to prejudice the sovereignty of Chile or that of a Member State which has been
requested to provide assistance under this Protocol;
(b) be likely to prejudice public policy, security or other essential interests, in particular in the
cases referred to in Article 12(5); or
(c) violate an industrial, commercial or professional secret.
& /en 11
2. The requested authority may postpone the assistance on the grounds that such assistance will
interfere with ongoing investigations, prosecutions or proceedings. In such a case, the requested
authority shall consult with the applicant authority to determine if assistance can be given subject to
such terms or conditions as the requested authority may require.
3. If the applicant authority seeks assistance which it would itself be unable to provide if so
requested, it shall draw attention to that fact in its request. Compliance with such a request shall be
at the discretion of the requested authority.
4. In the cases referred to in paragraphs 1 and 2, the requested authority shall communicate its
decision and the reasons therefor to the applicant authority without delay.
ARTICLE 12
Information exchange and confidentiality
1. The information received under this Protocol shall be used solely for the purposes established
in this Protocol.
& /en 12
2. The use of information obtained under this Protocol in administrative or judicial proceedings
instituted in respect of operations in breach of customs legislation, is considered to be for the
purposes of this Protocol. Therefore, the Parties may, in their records of evidence, reports and
testimonies and in proceedings and charges brought before the courts, use as evidence information
obtained and documents consulted in accordance with the provisions of this Protocol. The requested
authority may subject the supply of information or the granting of access to documents to the
condition that it be notified of such use.
3. Where one of the Parties wishes to use such information for other purposes, it shall obtain the
prior written consent of the authority which provided the information. Such use shall then be subject
to any restrictions laid down by that authority.
4. Any information communicated in any form under this Protocol shall be of a confidential or
restricted nature, in accordance with the laws and regulations applicable in each Party. That
information shall be covered by the obligation of professional secrecy and shall enjoy the protection
granted to similar information under the relevant laws and regulations of the receiving Party. The
Parties shall communicate to each other information on their applicable laws and regulations.
5. Personal data may be transferred only in accordance with the data protection rules of the Party
providing the data. Each Party shall inform the other Party about its relevant data protection rules
and, if needed, make best efforts to agree on additional protection.
& /en 13
ARTICLE 13
Experts and witnesses
The requested authority may authorise its officials to appear, within the limitations of the
authorisation granted, as experts or witnesses in judicial or administrative proceedings regarding the
matters covered by this Protocol, and produce such objects, documents or certified true copies
thereof, as may be needed for the proceedings. The request for appearance must indicate
specifically before which judicial or administrative authority the official will have to appear, on
what matters and by virtue of what title or qualification the official will be questioned.
ARTICLE 14
Assistance expenses
1. The Parties shall waive any claims against each other for the reimbursement of expenses
incurred in the execution of this Protocol.
2. Expenses and allowances paid to experts, witnesses, interpreters and translators, who are not
public service employees, shall be borne as appropriate by the requesting Party.
& /en 14
3. If expenses of an extraordinary nature are required to execute the request, the Parties shall
determine the terms and conditions under which the request shall be executed, as well as the manner
in which such expense shall be borne.
ARTICLE 15
Implementation
1. The implementation of this Protocol shall be entrusted, on the one hand, to the customs
authorities of Chile and, on the other hand, to the competent services of the European Commission
and the customs authorities of the Member States, as appropriate. They shall decide on all practical
measures and arrangements necessary for the implementation of this Protocol, taking into
consideration their respective applicable laws and regulations, in particular for the protection of
personal data.
2. The Parties shall keep each other informed of the details of the implementation measures
which are adopted by each Party in accordance with the provisions of this Protocol, in particular
with respect to the duly authorised services and officials designated as competent to send and
receive the communications laid out in this Protocol.
& /en 15
3. In the European Union, the provisions of this Protocol shall not affect the communication of
any information obtained under this Protocol between the competent services of the European
Commission and the customs authorities of the Member States.
ARTICLE 16
Other agreements
The provisions of this Protocol shall take precedence over the provisions of any bilateral agreement
on mutual administrative assistance in customs matters which has been or may be concluded
between individual Member States and Chile insofar as the provisions of the latter are incompatible
with those of this Protocol.
ARTICLE 17
Consultations
In respect to the interpretation and implementation of this Protocol, the Parties shall consult each
other to resolve the matter in the framework of the Sub-Committee on Customs, Trade Facilitation
and Rules of Origin established pursuant to Article 33.4(1) of this Agreement.
& /en 16
JOINT STATEMENT ON THE PROVISIONS ON TRADE AND SUSTAINABLE
DEVELOPMENT CONTAINED IN THE INTERIM AGREEMENT ON TRADE BETWEEN
THE EUROPEAN UNION, OF THE ONE PART, AND THE REPUBLIC OF CHILE, OF THE
OTHER PART
The Parties,
RECALLING their shared values and the strong cultural, political, economic and cooperation ties
which unite them,
RECALLING their commitment to modernise and replace the EU-Chile Association Agreement,
concluded in 2002, to reflect new political and economic realities,
REAFFIRMING their commitment to strengthen cooperation on bilateral, regional and global
issues of common concern,
CONVINCED that the Advanced Framework Agreement between the European Union and its
Member States, of the one part, and the Republic of Chile, of the other part ("Advanced Framework
Agreement"), and the Interim Agreement on Trade between the European Union, of the one part,
and the Republic of Chile, of the other part ("Interim Trade Agreement"), will be beneficial to both
Parties in fuelling economic recovery from the COVID-19 crisis, generating growth in a
geopolitical context marked by heightened instability, and further strengthening their ties,
& /en 1
DETERMINED to ensure that the Interim Trade Agreement fosters sustainability, so that economic
growth goes together with the protection of decent work, the climate and the environment, in full
adherence to the Parties’ shared values and priorities, including support for green transition and
promoting responsible and sustainable value chains, and
RECOGNISING that an inclusive involvement of civil society in the implementation of the Interim
Trade Agreement is essential for a timely identification of challenges, opportunities and priorities,
and to monitor respective agreed actions,
express their joint intent to swiftly conclude the Interim Trade Agreement and subsequently
cooperate on the implementation of its sustainability aspects guided by the following
considerations:
1. As regards their joint objective of promoting high levels of labour protection and decent work
for all, the Parties underline their commitment to respect, promote and effectively implement the
internationally recognised core labour standards, as defined in the fundamental Conventions of the
International Labour Organization (ILO). In this context, the Parties welcome the ILO decision to
add the principle of a "safe and healthy working environment" amongst the fundamental principles
and rights at work, and to elevate the corresponding ILO Conventions accordingly, which they will
strive to ratify as required.
& /en 2
2. As regards their joint objective of addressing the urgent threat of climate change, the Parties
underline their commitment to effectively implement the United Nations Framework Convention on
Climate Change and the Paris Agreement adopted thereunder, including their commitments with
regard to their respective nationally determined contribution.
3. As regards their joint objective of protecting and conserving the environment and sustainably
managing their natural resources, the Parties underline their commitment to effectively implement
the multilateral environmental agreements and protocols to which they are respectively a party,
including the Convention on Biological Diversity.
The Parties note that their joint objective of enhancing the inclusive participation of civil society
and of regularly exchanging views with their respective Domestic Consultative Groups, including
on relevant technical assistance projects, comprises the trade and sustainability aspects of the
Interim Trade Agreement. The Parties underline their commitment to promote and facilitate the
interaction between their respective Domestic Consultative Groups through the means they consider
appropriate, including periodical meetings. The Parties express their intention to support the
Domestic Consultative Groups in line with their domestic legislation and policies.
As regards the implementation of the Trade and Sustainable Development Chapter of the Interim
Trade Agreement, the Parties will seek to focus on the commonly identified sustainability priorities.
The Parties will seek views and participation of the civil society on matters related to the
implementation of the Chapter, including on the follow-up of commitments taken by the Parties.
& /en 3
The Parties will, upon the entry into force of the Interim Trade Agreement, initiate a formal review
process of its trade and sustainable development aspects in accordance with Article 26.23 of that
Agreement in order to consider the incorporation, as appropriate, of additional provisions that may
be deemed relevant by either Party at that time, including in the context of their respective domestic
policy developments and their recent international treaty practice, as the Parties may consider
appropriate. Such additional provisions may relate, in particular, to further enhancing the
enforcement mechanism of the Trade and Sustainable Development Chapter, including the
possibility to apply a compliance phase, and relevant countermeasures as last resort.
Without prejudice to the outcome of the review, the Parties will also consider the possibility of
including the Paris Agreement as an essential element of the Interim Trade Agreement.
The Parties will aim to conclude the review process within 12 months, and to incorporate any
agreed outcome of the review process by amending the Interim Trade Agreement in accordance
with Article 33.9 of the Interim Trade Agreement.
& /en 4
Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the
Interim Agreement on Trade between the European Union and the Republic of Chile
Nimetus
ANDMED Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of the
ALGATUSE
KOHTA Interim Agreement on Trade between the European Union and the Republic of Chile
Eelnõu nr
COM(2023) 434 Esitamise kuupäev: 05.07.2023 Menetluskord EL-is:
COM(2023) 435
RKKTS § 1521 lg 1
1. p1
- algatuse/teatise reguleerimisala nõuab seaduse või Riigikogu otsuse vastuvõtmist, muutmist või kehtetuks tunnistamist
SEISUKOHA RKKTS § 1521 lg 1
2. x p2
- algatuse/ vastuvõtmisega või teatises toodud meetmete rakendamisega kaasneb oluline majanduslik , sotsiaalne või muu mõju
VALITSUSSE
TOOMISE ALUS 3. RKKTS § 1521 lg 2 - Euroopa Liidu asjade komisjoni või väliskomisjoni nõue
4. VVS § 201 lg 1 - algatuse/teatise reguleerimisala nõuab VV pädevusse kuuluva otsuse vastuvõtmist (määruse vastuvõtmine, muutmine, tühistamine)
5. VVS § 201 lg 2 - seisukoha võtmist algatuse/teatise osas peab oluliseks peaminister või minister (on poliitiliselt oluline või tundlik (Eestis või EL-is))
VALITSUSELE
Kuupäev
25.10 KOK EL menetluse
ESITAMINE 02.11 VV ajakava
MKM, REM,
KLIM, SIM, SOM,
SISERIIKLIK Vastutav Kaasatud Sotsiaalpartnerid, Kaasata kõik asjasse puutuvad
MENETLUS min VM ministeeriumid KUM, HTM huvigrupid huvigrupid
(tagasiside tähtaeg
11.10)
EELNÕU ÜLEVAADE
KOKKUVÕTE
EELÕU SISUST JA
Euroopa Komisjon on teinud nõukogu otsuse ettepaneku viia lõpule läbirääkimised ning allkirjastada ELi-
EESMÄRKIDEST Tšiili vaheline kaubanduse vaheleping. Hetkel põhinevad ELi-Tšiili vahelised suhted 2005. aastal jõustunud
assotsiatsioonilepingul, mis on sõlmitud Euroopa Ühenduse ning selle liikmesriikide ning Tšiili vahel. Sellest
ajast on toimunud aga mitmeid muutusi, sh on EL sõlminud kaubanduslepinguid mitmete teiste sama
regiooni riikidega ning ka Tšiili allkirjastanud vabakaubanduslepinguid 64 riigiga. Nende lepingute
ambitsioon ja skoop on enamike teemade osas oluliselt laiemad kui praegu kehtival assotsiatsioonilepingul.
Seetõttu on nii EL kui ka Tšiili huvitatud nii kaubandus- kui ka poliitiliste ja majandussuhete
moderniseerimisest. ELi-Tšiili assotsiatsioonilepingu uuendamine tugineb kahele õiguslikule instrumendile:
1) täiustatud raamleping (Advanced Framework Agreement), mis hõlmab poliitilist ja koostöö sammast ning
kaubanduse ja investeeringute sammast, ning 2) kaubanduse vaheleping (Interim Agreement on Trade), mis
hõlmab kaubanduse ja investeeringute liberaliseerimist ning aegub, kui täiustatud raamleping on
ratifitseeritud ning hakkab kehtima.
Kaubanduse vaheleping laiendab praeguse kahepoolse kaubandusraamistiku ulatust ja kohandab seda
vastavalt praegustele väljakutsetele. Vahelepingu eesmärkideks on mh parandada põllumajandus- ja
kalandustoodete eksporti, lihtsustada päritolureegleid, moderniseerida ja lihtsustada piirimenetlusi, tagada
õiglane kaubandus ja äritingimused, tagada jätkusuutlikkus, keskenduda väikeettevõtete vajadustele,
avardada digikaubanduse võimalusi, innustada investeeringuid, tagada ligipääs Tšiili avalikele hangetele,
kaitsta paremini innovatsiooni ja loometegevust, tagada turvaline ja jätkusuutlik põllumajandusliku toidu
kaubandus, tagada kaubandust liigselt piiravate tõkete eemaldamine.
VÕIMALIKUD
SOTS-MAJ.
MÕJUD
VÕIMALIKUD
ÕIGUSLIKUD
MUUDATUSED
MÕJU
EELARVELE
KOMMENTAARID
SEISUKOHAD
EESTI
SEISUKOHT
TEISTE RIIKIDE
SEISUKOHAD
KOMMENTAARID
1/1 Alustatud: 10/17/2016 Muudetud: 27.07.2023
Eelnõude infosüsteemis (EIS) on antud täitmiseks ülesanne.
Eelnõu toimik: 5.2/23-0348 - COM(2023) 434 Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Interim Agreement on Trade between the European Union and the Republic of Chile
Arvamuse andmine eelnõu kohta Välisministeeriumile vastavalt Riigikantselei 27.07.2023 resolutsioonile.
Osapooled: Majandus- ja Kommunikatsiooniministeerium; Haridus- ja Teadusministeerium; Kultuuriministeerium; Siseministeerium; Regionaal- ja Põllumajandusministeerium; Sotsiaalministeerium; Kliimaministeerium
Tähtaeg: 11.10.2023 23:59
Link eelnõu toimiku vaatele: https://eelnoud.valitsus.ee/main/mount/docList/ac7cd4f6-002d-4aaf-932d-9e9884beb491
Link menetlusetapile: https://eelnoud.valitsus.ee/main/mount/docList/ac7cd4f6-002d-4aaf-932d-9e9884beb491?activity=2
Eelnõude infosüsteem (EIS)
https://eelnoud.valitsus.ee/main
Resolutsiooni liik: Riigikantselei resolutsioon
Viide: Välisministeerium / / ; Riigikantselei / / 2-5/23-01490
Resolutsiooni teema: EL - Tšiili vahelise kaubanduse vahelepingu läbirääkimiste lõpetamine ja
allkirjastamine
Adressaat: Välisministeerium
Ülesanne: Tulenevalt Riigikogu kodu- ja töökorra seaduse § 152` lg 1 p 2 ning Vabariigi Valitsuse
reglemendi § 3 lg 4 palun valmistada ette Vabariigi Valitsuse seisukoha ja otsuse eelnõu järgnevate
algatuste kohta, kaasates seejuures olulisi huvigruppe ja osapooli:
- Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the
Interim Agreement on Trade between the European Union and the Republic of Chile, COM(2023)
434;
- Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of the
Interim Agreement on Trade between the European Union and the Republic of Chile, COM(2023)
435.
EISi toimiku nr: 23-0348
Tähtaeg: 23.10.2023
Adressaat: Haridus- ja Teadusministeerium, Kliimaministeerium, Kultuuriministeerium, Majandus-
ja Kommunikatsiooniministeerium, Regionaal- ja Põllumajandusministeerium, Siseministeerium,
Sotsiaalministeerium
Ülesanne: Palun esitada oma sisend Välisministeeriumile seisukohtade kujundamiseks antud
eelnõude kohta (eelnõude infosüsteemi (EIS) kaudu).
Tähtaeg: 11.10.2023
Lisainfo: Eelnõu on kavas arutada valitsuse 02.11.2023 istungil ja Vabariigi Valitsuse reglemendi §
6 lg 6 kohaselt sellele eelneval nädalal (25.10.2023) EL koordinatsioonikogus. Esialgsed materjalid
EL koordinatsioonikoguks palume esitada hiljemalt 23.10.2023.
Kinnitaja: Klen Jäärats, Euroopa Liidu asjade direktor
Kinnitamise kuupäev: 27.07.2023
Resolutsiooni koostaja: Elen Nurme
[email protected], 693 5201