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Document 52004PC0566(02)
Proposal for a Council Decision on the conclusion of an Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
Proposal for a Council Decision on the conclusion of an Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
Proposal for a Council Decision on the conclusion of an Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
/* COM/2004/0566 final - AVC 2004/0195 */
52004PC0566(02)
Proposal for a Council Decision on the conclusion of an Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union /* COM/2004/0566 final - AVC 2004/0195 */
Proposal for a COUNCIL DECISION on the conclusion of an Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union (presented by the Commission) EXPLANATORY MEMORANDUM According to the terms of Article 6(2) of the Act of Accession of new EU Member States to the EU, the accession of the new EU Member States to the EU-Chile Association Agreement shall be agreed by means of an additional protocol to this Agreement. The same article provides for a simplified procedure, whereby the protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third country concerned. This procedure is without prejudice to the Community's own competences. On 22 December 2003 the Council approved a mandate for the Commission to negotiate such a protocol with Chile. These negotiations have since been completed to the satisfaction of the Commission. The attached proposals are for (1) a Council Decision on the signature and provisional application of the Additional Protocol and (2) a Council Decision on the conclusion of the Additional Protocol. The text of the protocol negotiated with Chile is attached. The Commission requests the Council to approve the attached draft Council Decisions for the signature, provisional application and conclusion of the Additional Protocol. The European Parliament will be called upon to give its assent to this Protocol. 2004/0195 (AVC) Proposal for a COUNCIL DECISION on the conclusion of an Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 310 thereof in conjunction with Article 300(2) first subparagraph, first and second sentence, and the second subparagraph of Article 300(3) thereof, Having regard to the Act of Accession of the new Member States to the European Union, and in particular to Article 6(2) thereof, Having regard to the proposal from the Commission, Having regard to the assent of the European Parliament, Whereas: (1) The Additional Protocol to Association Agreement between the European Community and its Member States, on the one part, and Chile, on the other part, has been signed on behalf of the European Community and its Member States on , (2) The Additional Protocol should be approved, HAS DECIDED AS FOLLOWS: Sole Article 1. The Additional Protocol to Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, is hereby approved on behalf of the European Community and its Member States. The text of the Additional Protocol is attached to this Decision. 2. The President of the Council shall give the notification provided for in Article 13 of the Additional Protocol Done at Brussels, For the Council The President ANNEX Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union the Kingdom of Belgium, the Czech Republic,the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Republic of Estonia, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus,the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta,the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland,the Portuguese Republic, the Republic of Finland, he Republic of Slovenia, the Slovak Republic,the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as the "Member States", The European Community hereinafter referred to as the "Community" and the Republic of Chile, hereinafter referred to as "Chile" WHEREAS the Association Agreement between the Community and its Member States, of the one part, and Chile, of the other part, hereinafter referred to as "the Agreement", was signed in Brussels on 18 November 2002 and some of its provisions are being applied pursuant to its Article 198.3 since 1st February 2003; WHEREAS the Treaty concerning 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 (hereinafter referred to as the "new Member States") to the European Union (hereinafter referred to as "Treaty of Accession") was signed in Athens on 16 April 2003 and shall take effect as from 1st May 2004; HAVE Agreed as follows: Section I Contracting Parties Article 1 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 hereby become contracting parties to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part. Section II TRADE IN GOODS Article 2 Annex I of the Agreement is hereby amended in accordance with the provisions contained in Annex I to this Protocol, in order to add the tariff quotas indicated in Section 1 of Annex I of the Agreement SECTION III Rules of Origin Article 3 Articles 17(4) and 18(2) of Annex III of the Agreement are hereby amended in accordance with the provisions of Annex II to this Protocol. Article 4 Appendix III of Annex III of the Agreement is replaced by Annex III to this Protocol. Article 5 Appendix IV of Annex III of the Agreement is replaced by Annex IV to this Protocol. Article 6 (1) The provisions of the Agreement shall be applied to goods exported from either Chile to one of the new Member States or from one of the new Member States to Chile, which comply with the provisions of Annex III to the Agreement and that on the date of accession are either en route or in temporary storage, in a customs warehouse or in a free zone in Chile or in that new Member State. (2) Preferential treatment shall be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months of the date of accession, of a proof of origin issued retrospectively by the customs authorities or competent governmental authority of the exporting country. Section IV TRADE IN SERVICES and establishment Article 7 Part A of Annex VII of the Agreement is replaced by the provisions of Annex V to this Protocol. Article 8 Part A of Annex VIII of the Agreement is replaced by the provisions of Annex VI to this Protocol. Article 9 Part A of Annex IX of the Agreement is replaced by the information provided in Annex VII to this Protocol. Article 10 Part A of Annex X of the Agreement is replaced by the provisions of Annex VIII to this Protocol. SECTION V GOVERNMENT PROCUREMENT Article 11 (1) The entities of the new Member States listed in Annex IX to this Protocol are hereby added to the relevant sections of Annex XI of the Agreement. (2) The list of publication means of the new Member States listed in Annex X to this Protocol are hereby added to Appendix 2 of Annex XIII of the Agreement. SECTION VI WTO Article 12 Chile undertakes that it shall not make any claim, request or referral nor modify or withdraw any concession pursuant to GATT 1994 Articles XXIV.6 and XXVIII or GATS Article XXI in relation to this enlargement of the Community. SECTION VII GENERAL AND FINAL PROVISIONS Article 13 (1) This Protocol shall be concluded by the Community, by the Council of the European Union on behalf of the Member States and by Chile, in accordance with their respective internal procedures. (2) This Protocol shall enter into force on the first day of the first month following that in which all the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose, or on the date of entry into force of the Agreement, whichever the latter. (3) Notwithstanding paragraph 2, the Community and Chile agree to apply provisionally Articles 2, 3, 4, 5, 6, 11 and 12 of this Protocol, from the date of signature of this Protocol. Article 2 shall be applied with effects as from 1 May 2004. (4) Notifications shall be sent to the Secretary General of the Council of the European Union, who shall be the depository of this Protocol. (5) Where a provision of this Protocol is applied by the Parties pending its entry into force, any reference in such a provision to the date of entry into force of this Protocol shall be understood to refer to the date from which the Parties agree to apply that provision, in accordance with paragraph 3. Article 14 This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, Hungarian, German, Greek, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic. The Community shall communicate within three months from the signature of this Protocol to Chile the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian language versions of this Protocol. Subject to the entry into force of this Protocol, the new language versions shall become authentic under the same conditions as those drawn up in the present languages of this Protocol. Article 15 This Protocol shall form an integral part of the Agreement. The Annexes to this Protocol shall form an integral part thereof. ANNEX I Amendments to Community Tariff Elimination Schedule 1) The Community shall allow duty free importation of the following products and quantities with an increase by 5% each year of the quantity >TABLE POSITION> 2) The Community shall allow duty free importation of the following products and quantities >TABLE POSITION> (1) This tariff quota will apply for 2004 and each calendar year thereafter beginning 1.1.2005 until its expiry on 31.12.2012. >TABLE POSITION> (2) This tariff quota will apply for 2004 and each calendar year thereafter beginning 1.1.2005 until its expiry on 31.12.2006 ANNEX II New language versions of administrative remarks contained in Annex III to the Association Agreement 1. amend art. 17(4) to read: (...) Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases: >TABLE POSITION> 2. amend art. 18(2) to read: (...) The duplicate issued in this way must be endorsed with one of the following words: >TABLE POSITION> ANNEX III Appendix III SPECIMEN OF MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1 Printing instructions 1. Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye. 2. The customs authorities or the competent governmental authorities of the Member States of the Community and of Chile may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified. Procedure for completion The exporter or his authorised representative shall fill out both the movement certificate EUR.1 and the application form. These forms shall be completed in one of the languages in which this Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country. If they are hand-written, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through. MOVEMENT CERTIFICATE >TABLE POSITION> NOTES 1. The certificate must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the customs authorities or the competent governmental authority of the issuing country or territory. 2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to make any later additions impossible. 3. Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified. APPLICATION FOR A MOVEMENT CERTIFICATE >TABLE POSITION> DECLARATION BY THE EXPORTER I, the undersigned, exporter of the goods described overleaf, DECLARE that the goods meet the conditions required for the issue of the attached certificate; SPECIFY as follows the circumstances which have enable these goods to meet the above conditions: .............................. ............................... .............................. ............................... SUBMIT the following supporting documents [1]: [1] For example: import documents, movement certificates, invoices, manufacturer's declarations, etc., referring to the products used in manufacture or to the goods re-exported in the same state. ............................... .............................. ............................... .............................. UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities; REQUEST the issue of the attached certificate for these goods. ................................ (Place and date) ................................ (Signature) ANNEX IV Appendix IV Invoice Declaration Specific requirements as for the making out of an invoice declaration An invoice declaration, the text of which is set out below, shall be made out using one of the linguistic versions set out there and in accordance with the provisions of the domestic law of the exporting country. If the declaration is hand-written, it shall be written in ink in printed characters. The invoice declaration must be drawn up in accordance with the respective footnotes. The footnotes do not have to be reproduced. English version The exporter of the products covered by this document (customs or competent governmental authorisation No ... [2] declares that, except where otherwise clearly indicated, these products are of ... preferential origin [3] [2] When the invoice declaration is made out by an approved exporter within the meaning of Article 21 of this Annex , the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank. [3] Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 37 of this Annex, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol "CM". Spanish version El exportador de los productos incluidos en el presente documento (autorización aduanera o de la autoridad gubernamental competente n° ... (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ... (2). Danish version Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes eller den kompetente offentlige myndigheds tilladelse nr. ... [4] erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ... [5] [4] When the invoice declaration is made out by an approved exporter within the meaning of Article 21 of this Annex , the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank. [5] Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 37 of this Annex, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol "CM". German version Der Ausführer (Ermächtigter Ausführer;Bewillingung der Zollbehörde oder der zuständigen Regierungsbehörde Nr. ... (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nichts anderes angegeben, präferenzbegünstigte Ursprungswaren ... (2) sind. Greek version ? ????????? ??? ????????? ??v ??????????? ??? ?? ????? ??????? (????? ????????v ? ??? ??????? ???????? ?????, v??????. ... (1)) ??????? ???, ????? ??? ????????? ????? ?????, ?? ???????? ?v?? ????? ????????????? ????????? ... (2). French version L'exportateur des produits couverts par le présent document (autorisation douanière ou de l'autorité gouvernementale compétente n° ... (1)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ... (2). Italian version L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale o dell'autorità governativa competente n. ... [6] dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ... [7] [6] When the invoice declaration is made out by an approved exporter within the meaning of Article 21 of this Annex , the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank. [7] Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 37 of this Annex, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol "CM". Dutch version De exporteur van de goederen waarop dit document van toepassing is (douanevergunning of vergunning van de competente overheidsinstantie nr. ... (1)) verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ... oorsprong zijn (2). Portuguese version O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira ou da autoridade governamental competente n°... (1)) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial ... (2). Finnish version Tässä asiakirjassa mainittujen tuotteiden viejä (tullin tai toimivaltaisen julkisen viranomaisen lupa nro... (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja ... alkuperätuotteita (2). Swedish version Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd eller behörig statlig myndighet nr. __. [8] försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ___ ursprung [9] [8] When the invoice declaration is made out by an approved exporter within the meaning of Article 21 of this Annex, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank. [9] Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 37 of this Annex, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol "CM". Czech version >TABLE POSITION> Estonian version >TABLE POSITION> Latvian version >TABLE POSITION> Lithuanian version >TABLE POSITION> Hungarian version >TABLE POSITION> Maltese version >TABLE POSITION> Polish version >TABLE POSITION> Slovenian version >TABLE POSITION> Slovak version >TABLE POSITION> ....................... [10] [10] When the invoice declaration is made out by an approved exporter within the meaning of Article 21 of this Annex, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank. (Place and date) ........................ [11] [11] See Article 20(5) of this Annex. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory. (Signature of the exporter; in addition, the name of the person signing the declaration has tobe indicated in clear script) ANNEX V (ANNEX VII of the Agreement referred to in Article 99 of the Agreement) SCHEDULE OF SPECIFIC COMMITMENTS ON SERVICES PART A COMMUNITY'S SCHEDULE Introductory Note 1. The specific commitments in this schedule apply only to the territories in which the Treaties establishing the Community are applied and under the conditions laid down in these Treaties. These commitments apply only to the relations between the Community and its Member States on the one hand, and non-Community countries on the other. They do not affect the rights and obligations of Member States arising from Community law. 2. The following abbreviations are used to indicate the Member States AT Austria BE Belgium CY Cyprus CZ Czech Republic DE Germany DK Denmark ES Spain EE Estonia FR France FI Finland EL Greece HU Hungary IT Italy IE Ireland LU Luxembourg LT Lithuania LV Latvia MT Malta NL The Netherlands PT Portugal PL Poland SE Sweden SI Slovenia SK Slovak Republic UK United Kingdom 3 A glossary of terms used by individual Member States is attached to this schedule. "Subsidiary" of a legal person means a legal person which is effectively controlled by another legal person. "Branch" of a legal person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension. >TABLE POSITION> >TABLE POSITION> Definitions concerning maritime transport 1. Without prejudice to the scope of activities which may be considered as "cabotage" under the relevant national legislation, this schedule does not include "maritime cabotage services", which are assumed to cover transportation of passengers or goods between a port located in a Member State and another port located in the same Member State and traffic originating and terminating in the same port located in a Member State provided that this traffic remains within this Member State's territorial waters. 2. "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, these services being those 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 or 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 the provisions of 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; (f) acting on behalf of the companies, organising the call of the ship or taking over cargoes when required. 3. « Multimodal transport operators » means the person on whose behalf the bill of lading /multimodal transport document, or any other document evidencing a contract of multimodal carriage of goods, is issued and who is responsible for the carriage of goods pursuant to the contract of carriage. COMMUNITY (continued) Attachment A Glossary Terms used for individual Member States France SC Société Civile SCP Société Civile Professionnelle SEL Société d'Exercice Libéral SNC Société en Nom Collectif SCS Société en Commandite Simple SARL Société à Responsabilité Limitée SCA Société en Commandite par Actions SA Société Anonyme N.B.: Toutes ces sociétés sont dotées de la personnalité morale Germany GmbH & CoKG Kommanditgesellschaft, bei der der persönlich haftende Gesellschafter eine GmbH (a stock company with limited responsibility) ist. EWIV Europäische Wirtschaftliche Interessenvereinigung (European Economic Interest Grouping) Italy SPA Società per Azioni (joint stock company) SRL Società a Responsabilità Limitata (company with limited responsibility) For Italy the following professional services are covered in the EC offer: Ragionieri-periti commerciali Bookkeeping accounting-auditing Commercialisti Bookkeeping-accounting-auditing Geometri Surveyors Ingegneri Engineers Architetti Architects Geologi Geologists Medici Doctors Farmacisti Pharmacists Psicologi Psychologists Veterinari Veterinarians Biologi Biologists Chimici Chemists Periti agrari Agricultural experts Agronomi Agronomists Attuari Actuarists ANNEX VI (ANNEX VIII of the Agreement referred to in Article 120 of the Agreement) SCHEDULE OF SPECIFIC COMMITMENTS ON FINANCIAL SERVICES PART A COMMUNITY'S SCHEDULE Introductory Note 1. The specific commitments in this schedule apply only to the territories in which the Treaties establishing the Community are applied and under the conditions laid down in these Treaties. These commitments apply only to the relations between the Communities and their Member States on the one hand, and non-Community countries on the other. They do not affect the rights and obligations of Member States arising from Community law. 2. The following abbreviations are used to indicate the Member States: AT Austria BE Belgium CY Cyprus CZ Czech Republic DE Germany DK Denmark ES Spain EE Estonia FR France FI Finland EE Greece HU Hungary IT Italy IE Ireland LU Luxembourg LT Lithuania LV Latvia MT Malta NL The Netherlands PT Portugal PL Poland SE Sweden SI Slovenia SK Slovak Republic UK United Kingdom "Subsidiary" of a legal person means a legal person which is effectively controlled by another legal person. "Branch" of a legal person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension. >TABLE POSITION> II.1. FINANCIAL SERVICES-SPECIFIC COMMITMENTS (first part) [12] [12] Unlike foreign subsidiaries, branches established directly in a Member State by a Chilean financial institution are not, with certain limited exceptions, subject to prudential regulations harmonised at Community level which enable such subsidiaries to benefit from enhanced facilities to set up new establishments and to provide cross-border services throughout the Community. 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. Member States may apply the restrictions indicated in this schedule only with regard to the direct establishment from Chilean of a commercial presence or to the provision of cross-border services from Chile; consequently, a Member State may not apply these restrictions, including those concerning establishment, to Chilean subsidiaries established in other Member States of the Community, unless these restrictions can also be applied to companies or nationals of other Member States in conformity with Community law. 1. Part of the EC (AT, BE, CZ, DK, DE, ES, FI, FR, EL, HU, IE, IT, LU, NL, PT, SK, S, UK) undertakes commitments on Financial Services in accordance with the provisions of the "Understanding on Commitments in Financial Services" attached (the Understanding). These commitments are in the following section. Commitments on Financial Services of the other part of the EC (CY, EE, LV, LT, MT, PL, SI) are not based on the Understanding and are in a second section. 2. These commitments are subject to the limitations on market access and national treatment in the "all sectors" section of this schedule and to those relating to the subsectors listed below. 3. The market access commitments in respect of modes (1) and (2) apply only to the transactions indicated in paragraphs B.3 and B.4 of the market access section of the Understanding respectively, except for Hungary, for which they apply only to the transactions indicated in paragraphs B.3 (a) and (b) and B.4 (a) and (b) respectively. 4. Notwithstanding note 1 above, the market access and national treatment commitments in respect of mode (4) on financial services are those in the "all sectors" section of this schedule, except for the Czech Republic, Hungary, the Slovak Republic, and Sweden, in which case commitments are made in accordance with the Understanding. 5. The admission to the market of new financial services or products may be subject to the existence of, and consistency with, a regulatory framework aimed at achieving the objectives indicated in Article 121. 6. As a general rule and in a non-discriminatory manner, financial institutions incorporated in a Member State of the Community must adopt a specific legal form. 7. HU: Insurance, banking, securities and collective investment management services should be performed by legally separate and independently capitalised suppliers of financial services, although banks may be authorised to provide services in the securities field as well. 8. HU: It is intended to bind direct branching once it is bound in the GATS, and under the conditions set therein. 9. HU: The board of a financial institution should include at least two members, who are Hungarian citizens, residents in the meaning of the relevant foreign exchange regulations and have permanent residency in Hungary for at least one year. >TABLE POSITION> >TABLE POSITION> II.2. FINANCIAL SERVICES-SPECIFIC COMMITMENTS (second part) 1. The commitments on Financial Services of the other part of the EC (CY, EE, LV, LT, MT, PL, and SI) are in the following section. 2. CY: Unregulated financial services and products and the admission to the market of new financial services or products, may be subject to the existence or the introduction of a regulatory framework aimed at achieving the objectives indicated in Article 125. 3. CY: Due to exchange controls operative in Cyprus: - residents are not permitted to purchase banking services which may involve transfer of funds abroad, while they are physically abroad; - loans to non-residents/foreigners or non-resident controlled companies require approval from the Central Bank; - acquisition of securities by non-residents also requires permission from the Central Bank; - dealings in foreign currency may be carried out only through banks which have been accorded "Authorised Dealer" status from the Central Bank. 4. MT: For mode (3) commitments, under exchange control legislation non-residents wishing to supply any services through the registration of a local company may do so with the prior permission of the Central Bank of Malta. Companies with the participation of non-resident legal or natural persons require a minimum share capital of 10,000 Maltese Liri of which 50% has to be paid up. The non-resident percentage share of the equity is to be paid for with funds emanating from abroad. Companies with non-resident participation must apply for a permit from the Ministry of Finance to acquire premises under the appropriate legislation.. 5. MT: For mode (4) commitments, the requirements of Maltese legislation and regulations regarding entry, stay, acquisition of real property, work and social security measures shall continue to apply, including regulations concerning period of stay, minimum wages as well as collective wage agreements. Entry, work and residence permits are granted at the discretion of the Government of Malta. 6. SI: The admission to the market of new financial services or products may be subject to the existence of, and consistency with, a regulatory framework aimed at achieving the objectives indicated in Article 125. 7. SI: As a general rule and in a non-discriminatory manner, financial institutions incorporated in the Republic of Slovenia must adopt a specific legal form. 8. SI: Insurance and banking activities should be performed by legally separate suppliers of financial services. 9. SI: Investment services can be provided only through banks and investment firms. >TABLE POSITION> ADDITIONAL COMMITMENTS BY PART OF THE EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) INSURANCE a) Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) notes the close co-operation among the insurance regulatory and supervisory authorities of these Member States and encourages their efforts to promote improved supervisory standards. b) These Member States will make their best endeavours to consider within 6 months from their submissions complete applications for licenses to conduct direct insurance underwriting business, through the establishment in a Member State of a subsidiary in accordance with the legislation of that Member State, by an undertaking governed by the laws of Chile. In cases where such applications are refused, the Member State authority will make its best endeavours to notify the undertaking in question and give the reasons for the refusal of the application. c) The supervisory authorities of these Member States will make their best endeavours to respond without undue delay to requests for information by applicants on the status of complete applications for licences to conduct direct insurance underwriting business, through the establishment in a Member State of a subsidiary in accordance with the legislation of that Member State by an undertaking governed by the laws of Chile. d) Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) will make its best endeavours to examine any questions pertaining to the smooth operation of the internal market in insurance, and consider any issues that might have an impact on the internal market in insurance. e) Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) notes that, as regards motor insurance, under Community law as in force on 1 September 2001, and without prejudice to future legislation, premiums may be calculated taking several risk factors into account. f) Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) notes that under Community law, as in force on 1 September 2001, and without prejudice to future legislation, the prior approval by national supervisory authorities of policy conditions and scales of premiums that an insurance undertaking intends to use is generally not required. g) Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) notes that under Community law, as in force on 1 September 2001, and without prejudice to future legislation, the prior approval by national supervisory authorities of increases in premium rates is generally not required. OTHER FINANCIAL SERVICES a) In application of the relevant EC Directives, these Member States will make their best endeavours to consider within 12 months complete applications for licenses to conduct banking activities, through the establishment in a Member State of a subsidiary in accordance with the legislation of that Member State, by an undertaking governed by the laws of Chile. In cases where such applications are refused, the Member State will make its best endeavours to notify the undertaking in question and give the reasons for the refusal of the application. b) These Member States will make their best endeavours to respond without undue delay to requests for information by applicants on the status of complete applications for licenses to conduct banking activities, through the establishment in a Member State of a subsidiary in accordance with the legislation of that Member State, by an undertaking governed by the laws of Chile. c) In application of the relevant EC Directives, these Member States will make their best endeavours to consider within 6 months complete applications for licenses to conduct investment services in the securities field, as defined in the Investment Services Directive, through the establishment in a Member State of a subsidiary in accordance with the legislation of that Member State, by an undertaking governed by the laws of Chile. In cases where such applications are refused, the Member State will make its best endeavours to notify the undertaking in question and give the reasons for the refusal of the application. d) These Member States will make their best endeavours to respond without undue delay to requests for information by applicants on the status of complete applications for licenses to conduct investment services in the securities area, through the establishment in a Member State of a subsidiary in accordance with the legislation of that Member State, by an undertaking governed by the laws of Chile. UNDERSTANDING ON COMMITMENTS IN FINANCIAL SERVICES The Community has been enabled to take on specific commitments with respect to financial services under this Agreement on the basis of an alternative approach to that covered by the general provisions of Part IV, Chapter II (Financial Services). It was agreed that this approach could be applied subject to the following understanding: (i) it does not conflict with the provisions of this Agreement; (ii) no presumption has been created as to the degree of liberalization to which a Party is committing itself under this Agreement. The Community, on the basis of negotiations, and subject to conditions and qualifications where specified, has inscribed in its schedule specific commitments conforming to the approach set out below. A. Market Access Cross-border Trade 1. The Community shall permit non-resident suppliers of financial services to supply, as a principal, through an intermediary or as an intermediary, and under terms and conditions that accord national treatment, the following services: (a) insurance of risks relating to: (i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and (ii) goods in international transit; (b) reinsurance and retrocession and the services auxiliary to insurance as referred to in subparagraph (iv) of Article 117(9); (c) provision and transfer of financial information and financial data processing as referred to in subparagraph (xv) of Article 117(9) and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in subparagraph (xvi) of Article 117(9). 2. The Community shall permit its residents to purchase in the territory of Chile the financial services indicated in: (a) subparagraph 1(a); (b) subparagraph 1(b); and (c) subparagraphs (v) to (xvi) of Article 117(9). Commercial Presence 3. The Community shall grant financial service suppliers of Chile the right to establish or expand within its territory, including through the acquisition of existing enterprises, a commercial presence. 4. The Community may impose terms, conditions and procedures for authorization of the establishment and expansion of a commercial presence in so far as they do not circumvent its obligation under paragraph 3 and they are consistent with the other obligations of this Agreement. Temporary Entry of Personnel 5. (a) The Community shall permit temporary entry into its territory of the following personnel of a financial service supplier of Chile that is establishing or has established a commercial presence in the territory of the Community: (i) senior managerial personnel possessing proprietary information essential to the establishment, control and operation of the services of the financial service supplier; and (ii) specialists in the operation of the financial service supplier. (b) The Community shall permit, subject to the availability of qualified personnel in its territory, temporary entry into its territory of the following personnel associated with a commercial presence of a financial service supplier of Chile: (i) specialists in computer services, telecommunication services and accounts of the financial service supplier; and (ii) actuarial and legal specialists. Non-discriminatory Measures 6. The Community shall endeavour to remove or to limit any significant adverse effects on financial service suppliers of Chile of: (a) non-discriminatory measures that prevent financial service suppliers from offering in the Community's territory, in the form determined by the Community, all the financial services permitted by the Community; (b) non-discriminatory measures that limit the expansion of the activities of financial service suppliers into the entire territory of the Community; (c) measures of the Community, when it applies the same measures to the supply of both banking and securities services, and a financial service supplier of Chile concentrates its activities in the provision of securities services; and (d) other measures that, although respecting the provisions of this Agreement, affect adversely the ability of financial service suppliers of Chile to operate, compete or enter the Community's market; provided that any action taken under this paragraph would not unfairly discriminate against financial service suppliers of the Party taking such action. 7. With respect to the non-discriminatory measures referred to in subparagraphs 6(a) and (b), the Community shall endeavour not to limit or restrict the present degree of market opportunities nor the benefits already enjoyed by financial service suppliers of Chile as a class in the territory of the Community, provided that this commitment does not result in unfair discrimination against financial service suppliers of the Community. B. National Treatment 1. Under terms and conditions that accord national treatment, the Community shall grant to financial service suppliers of Chile 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 paragraph is not intended to confer access to the Community's lender of last resort facilities. 2. When membership or participation in, or access to, any self-regulatory body, securities or futures exchange or market, clearing agency, or any other organization or association, is required by the Community in order for financial service suppliers of Chile to supply financial services on an equal basis with financial service suppliers of the the Community, or when the Community provides directly or indirectly such entities, privileges or advantages in supplying financial services, the Community shall ensure that such entities accord national treatment to Chilean financial service suppliers resident in its territory. C. Definitions For the purposes of this approach: 1. A non-resident supplier of financial services is a financial service supplier of Chile which supplies a financial service into the territory of the Community from an establishment located in the territory of Chile, regardless of whether such a financial service supplier has or has not a commercial presence in the territory of the Community. 2. "Commercial presence" means an enterprise within the Community's territory for the supply of financial services and includes wholly- or partly-owned subsidiaries, joint ventures, partnerships, sole proprietorships, franchising operations, branches, agencies, representative offices or other organizations. ANNEX VII Authorities responsible for financial services Part A - For the Community and its Member States: >TABLE POSITION> ANNEX VIII (referred to in Article 132 of the Agreement) SCHEDULES OF SPECIFIC COMMITMENTS ON ESTABLISHMENT PART A COMMUNITY'S SCHEDULE Introductory Note 1. The specific commitments in this schedule apply only to the territories in which the Treaties establishing the Community are applied and under the conditions laid down in these Treaties. These commitments apply only to the relations between the Community and its Member States on the one hand, and non-Community countries on the other. They do not affect the rights and obligations of Member States arising from Community law. 2. The following abbreviations are used to indicate the Member States: AT Austria BE Belgium CY Cyprus CZ Czech Republic DE Germany DK Denmark ES Spain EE Estonia FR France FI Finland EL Greece HU Hungary IT Italy IE Ireland LU Luxembourg LT Lithuania LV Latvia MT Malta NL The Netherlands PT Portugal PL Poland SE Sweden SI Slovenia SK Slovak Republic UK United Kingdom "Subsidiary" of a legal person means a legal person which is effectively controlled by another legal person. "Branch" of a legal person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension. Sector or subsector // Limitations on national treatment to establishment // 1. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE // // a) Treatment accorded to subsidiaries (of Chilean companies) formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community is not extended to branches or agencies established in a Member State by a Chilean company. However, this does not prevent a Member State from extending this treatment to branches or agencies established in another Member State by a Chilean company or firm, as regards their operation in the first Member State's territory, unless such extension is explicitly prohibited by Community law. // b) Treatment less favourable may be accorded to subsidiaries (of Chilean companies) formed in accordance with the law of a Member State which have only their registered office or central administration in the territory of the Community, unless it can be shown that they possess an effective and continuous link with the economy of one of the Member States. // Formation of Legal Entity AT: Without prejudice to existing treaties, foreign natural persons may exercise a business on equal terms as Austrian nationals. However, evidence has to be presented to the competent authority that Austrian natural persons are in no way discriminated in the exercise of the relevant business in the foreigner's home country. If this evidence cannot be presented the foreign natural person has to apply formally for equal status with nationals. If the holder of a business permit is not a permanent resident of Austria, the appointment of a professional representative ("gewerberechtlicher Geschäftsführer") permanently residing in Austria is necessary. In order to acquire a business permit, foreign juridical persons or partnerships must set up an establishment and appoint a professional representative permanently residing in Austria. Without prejudice to existing treaties a foreign professional representative has to apply for equal status with nationals. FI: At least half of the founders of a limited company need to be natural persons residing within EEA (European Economic Area) or juridical persons having their domicile in one of the EEA countries, unless the Ministry of Trade and Industry grants an exception. SE: A limited liability company (joint stock company) may be established by one or several founders. A founding party shall either reside within the EEA (European Economic Area) or be an EEA legal entity. A partnership can only be a founding party if each partner resides within the EEA [13]. The managing director and at least 50 per cent of the members of the board shall reside within the EEA (European Economic Area). Corresponding conditions prevail for establishment of other types of legal entities. [13] Exceptions from these requirements may be granted, if it can be proved that residency is not necessary. CZ: Foreign natural persons may exercise a business on equal terms as Czech nationals. However, foreign natural persons can pursue activities as self employed persons and set up and manage undertakings only by registering such undertaking in the Commercial Register, unless the person resides within the EEA (European Economic Area). If the natural persons/legal entity has not a permanent residence/seat within the EEA, it must additionally deposit data or a document on the encumbrance of the undertaking's assets in a foreign state, if the validity of a security is bound to its publication, and some other additional data, in the Commercial Register. Before registering in the Commercial Register, foreign legal persons must set up an establishment in the Czech Republic and appoint a professional representative permanently residing in the Czech Republic. MT: Applications by non-residents for the issue, acquisition, sale and redemption of securities not listed on the Malta Stock Exchange in local companies established, or to be established, in Malta have to be cleared by the Registrar of Companies at the Malta Financial Services Authority MFSA).This procedure does not apply to companies as defined in article 2 of the Income Tax Act, (that is, international holding/trading companies) and to companies which own a vessel registered under the Merchant Shipping Act, and where the resident participation does not exceed 20%. PL: Foreigners who have received permission for residence on the territory of Poland, permission for tolerated stay, refugee status granted in Poland or who enjoy temporary protection on its territory, may undertake and pursue economic activity on the territory of Poland on the same rules as Polish citizens; Following reciprocity requirements, if ratified international agreements do not provide otherwise, foreign persons may take up and pursue economic activity on the territory of Poland on the same rules as entrepreneurs having their seat in Poland; When there is no reciprocity, foreign persons have the right to undertake and pursue economic activity on the territory of Poland only in a form of limited partnership, limited liability company and joint-stock company; they have also right to join these companies or to take and buy their shares or stocks. // Law on Foreign Companies' Branches SE: A foreign company (which has not established a legal entity in Sweden) shall conduct its commercial operations through a branch, established in Sweden with independent management and separate accounts. Building projects with a duration of less than a year are exempted from the requirements of establishing a branch or appointing a resident representative. SE: The managing director of a branch shall reside within the EEA (European Economic Area) [14]. [14] Exceptions from these requirements may be granted, if it can be proved that residency is not necessary. SE: Foreign or Swedish citizens not residing in Sweden, who wishes to conduct commercial operations in Sweden, shall appoint and register with the local authority a resident representative responsible for such activities. LT: At least one of representative of the foreign company branch must be resident in Lithuania. PL: Branches - to conduct economic activity on the territory of Poland, foreign entrepreneurs may establish branches, following the rule of reciprocity requirements, if ratified international agreements do not state otherwise. The economic activity of the branch must be similar to the one which is conducted by the foreign entrepreneur and the person entitled to represent the foreign entrepreneur must be appointed. Branch is required to be registered and run separate accountancy. Agencies - foreign entrepreneurs may create agencies. The economic activity of the agency may cover only promotion and advertisement of foreign entrepreneur. Agency is required to be registered and run separate accountancy. SI: The establishment of branches by foreign companies is conditioned with the registration of the parent company in a court register in the country of origin for at least one year. // Legal Entities: AT: Only Austrian nationals or legal entities and enterprises having their seat in Austria may be shareholders of the Oesterreichische Nationalbank (Austrian National Bank). Members of the management must be Austrian nationals. FI: At least half of the members of the board and the managing director shall reside within the EEA (European Economic Area) unless the Ministry of Trade and Industry grants an exception to the company. FI: Acquisition of shares by foreign owners giving more than one third of the voting rights of a major Finnish company or a major business undertaking (with more than 1000 employees or with a turnover exceeding 167 million euros or with a balance sheet total exceeding over 167 million euros) is subject to confirmation by the Finnish authorities; the confirmation may be denied only if an important national interest would be jeopordized. A foreigner living outside the European Economic Area and carrying on a trade as a private entrepreneur or as a partner in a Finnish limited or general partnership needs a trade permit. If a foreign organization or foundation is established under the laws of and has its registered office in an EEA-country no permit is required for carrying on a business or trade by establishing a branch in Finland. // Real estate purchases: AT: The acquisition, purchase as well as rent or lease of real estate by foreign natural persons and juridical persons requires an authorization by the competent regional authorities (Länder) which will consider whether important economic, social or cultural interests are affected or not. CY: Unbound. CZ: The real estate can be acquired solely by natural persons having their permanent residence, and legal persons with their seat or branch in the territory of the Czech Republic. Special regime applies to the agricultural land and forests, which can be acquired only by residents (i.e. natural persons with permanent residents or legal persons with their seat in the territory of the Czech Republic) and the participation in the privatisation of the state agricultural land and forests is limited solely to the citizens of the Czech Republic. EE: Reservation to purchasing agricultural land and forests, as well as land in the border areas. DK: Limitations on real estate purchase by non-resident physical and legal entities. Limitations on agricultural estate purchased by foreign physical and legal entities. ES: Reservation to the purchase of real estate by governments, official institutions and public enterprises originating in non-Community member countries. EL: According to Law No. 1892/90, as amended by Law 1969/91, acquisition of real estate in the border regions either directly or through equity participation in a company which is not listed in the Greek Stock Exchange and which owns real estate in those regions or any change in the persons of the stockholders of such company are subject to a permit issued by the competent authorities (Ministry of Defense in the case of non-EU natural or legal persons). IE: Prior written consent of the Land Commission is necessary for the acquisition of any interest in Irish land by domestic or foreign companies or foreign nationals. Where such land is for industrial use (other than agricultural industry), this requirement is waived subject to a certificate to this effect from the Minister for Enterprise and Employment. This law does not apply to land within the boundaries of cities and towns. HU: Unbound for the acquisition of state owned properties by foreign natural persons and juridical persons. LT: Unbound in relation to acquisition of land by foreign subjects (natural and legal persons), however they may manage or use such property in accordance with the procedure established by Lithuanian laws. LV: Unbound in relation to acquisition of land by juridical persons. Land lease not exceeding 99 years permitted. MT: The requirements of Maltese legislation and regulations regarding the acquisition of real property shall continue to apply. SI: Juridical persons, established in the Republic of Slovenia with foreign capital participation, may acquire real estate on the territory of the Republic of Slovenia. Branches [15] established in the Republic of Slovenia by foreign persons may only acquire real estate, except land, necessary for the conduct of the economic activities for which they are established. Ownership of real estate in the border areas of 10 km by companies in which majority of capital or voting rights belongs directly or indirectly to juridical persons or nationals of another Member is subject to special permission. [15] SI: According to the Law on Commercial Companies, a branch established in the Republic of Slovenia is not considered a juridical person, but as regards their operation, their treatment is equal to a subsidiary. SK: Limitations on real estate acquisition by foreign physical and legal entities. Foreign entities may acquire real property through establishment of Slovak legal entities or participation in joint ventures. Acquisition of the land by foreign entities is subject to authorization. IT: Unbound for purchase of real estate. FI (Åland Islands): Restrictions on the right for natural persons who do not enjoy regional citizenship in Åland, and for legal persons, to acquire and hold real property on the Åland Islands without permission by the competent authorities of the islands. FI (Åland Islands): Restrictions on the right of establishment and the right to provide services by natural persons who do not enjoy regional citizenship in Åland, or by any legal person, without permission by the competent authorities of the Åland Islands. PL: Acquisition of real estate, direct and indirect, by foreigners and foreign legal persons requires permission. PL: Unbound, except for: buying independent apartment or buying real estate by a foreign national living in Poland at least for 5 years after obtaining the permanent residence card; buying by a legal person with a corporate seat in Poland and controlled directly or indirectly by a foreign natural person or a foreign legal person with a corporate seat abroad, for statutory objectives, of real estate without buildings, whose total area in Poland does not exceed 0.4 ha in urban area. // Investments: CY: Portfolio investment: Investors from non-EU countries may invest only up to 49% of the share capital of Cypriot companies listed on the Cyprus Stock Exchange. Transactions involving such investments may be carried out by Cypriot stockbrokers and public companies without reference to the Central Bank of Cyprus. CY: Entities with foreign participation must have paid up capital commensurate with their finance requirements and non-residents must finance their contribution through the importation of foreign exchange. In case the non-resident participation exceeds 24 per cent, any additional financing for working capital requirements or otherwise should be raised from local and foreign sources in proportion to the participation of residents and non-residents in the entity's equity. In the case of branches of foreign companies, all capital for the initial investment must be provided from foreign sources. Borrowing from local sources is only permitted after the initial implementation of the project, for financing working capital requirements. ES: Investment in Spain by foreign government and foreign public entities (which tends to imply, besides economic, also non-economic interests to entity's part), directly or through companies or other entities controlled directly or indirectly by foreign governments, need prior authorization by the government. FR: Foreign purchases exceeding 33,33 per cent of the shares of capital or voting rights in existing French enterprise, or 20 per cent in publicly quoted French companies, are subject to the following regulations: - after a period of one month following prior notification, authorization is tacitly granted for other investments unless the Minister of Economic Affairs has, in exceptional circumstances, exercised its right to postpone the investment. FR: Foreign participation in newly privatized companies may be limited to a variable amount, determined by the government of France on a case by case basis, of the equity offered to the public. FR: For establishing in certain commercial, industrial or artisanal activities, a specific authorization is needed if the managing director is not holder of a permanent residence permit. HU: Participation in organizing gambling, betting, lotteries and similar activities is reserved for the state. IT: Exclusive rights may be granted or maintained to newly-privatized companies. Voting rights in newly privatized companies may be restricted in some cases. For a period of five years, the acquisition of large equity stakes of companies operating in the fields of defence, and energy may be subject to the approval of the Ministry of Treasury. LT: Investments in organizing the lotteries are forbidden under the Law on Foreign Capital Investment. MT: Companies with the participation of non-resident legal or natural persons are subject to the same capital requirement applicable to companies that are fully owned by residents, as follows: private companies - Lm500 (with a minimum of 20% as paid up capital); public companies - Lm200 (with a minimum of 25% paid up capital). The non-resident percentage of share of the equity is to be paid for with funds emanating from abroad. Companies with non-resident participation must apply for a permit from the Ministry of Finance to acquire premises under the appropriate legislation. PT: Foreign participation in newly privatized companies may be limited to a variable amount, determined by the Government of Portugal on a case by case basis, of the equity offered to the public. PL: Authorization of the establishment of a company with foreign equity is required in the case of: - establishment of company, purchase or acquiring of shares or stocks in an existing company; extending of the activity of the company when the scope of activity embraces at least one of the following areas: - management of seaports and airports; - dealing in real estate or acting as intermediary in real estate transactions; - supply to defence industry that is not covered by other licensing requirements; - wholesale trade in imported consumer goods; - provision of legal advisory services. -establishment of a joint-venture company with a foreign equity in which the Polish party is a state legal person and is contributing non-pecuniary assets as initial capital; -arranging a contract, that includes right to use of state property for more than 6 months or decides on acquiring of such property. // Exchange regime [16], [17], [18] [16] CZ: Non-discriminatory system of foreign exchange control is applied consisting of: a) limitation on acquisition of foreign exchange by resident nationals for personal purposes, b) foreign exchange authorization in case of Czech residents for acceptance of financial credits from foreign subjects, direct capital investment abroad, acquisition of real estate abroad and purchases of foreign securities. [17] PL: There is non-discriminatory system of foreign exchange controls relating to limitations in foreign exchange turnover and to system of foreign exchange permits (general and individual) among others limitations of capital flows and currency payments. The following foreign exchange transactions require authorization: -transfer of foreign exchange out of the country; -transfer of Polish currency into the country; -ownership transfer of the right to monetary assets between domestic and foreign persons; -granting and drawing of loans and credits by domestic persons in foreign exchange transactions; -fixing or executing payments in foreign currencies within Poland for acquired goods, real estate, property rights, services or labour; -opening and possessing of a banking account in a bank situated abroad; -acquiring and holding foreign securities and acquiring real estate abroad, -undertaking other obligations abroad of similar effect. [18] SK: Entries being listed for transparency reasons. CY: Under the Exchange Control Law, non-residents are not normally permitted to borrow from local sources. SK: In relation to current payments, limitation on acquisition of foreign exchange by resident nationals for personal purposes. In relation to capital payments, foreign exchange authorization required for acceptance of financial credits from foreign subjects, direct capital investments abroad, acquisition of real estate abroad and purchase of foreign securities. // Residency requirements AT: Managing directors of branches and juridical persons have to be resident in Austria; natural persons responsible within a juridical person or a branch for the observance of the Austrian Trade Act must be resident in Austria. AT: All foreigners are subject to the provisions of the Foreigners's Act and the Residence Act concerning entry, stay and work. In addition, foreign workers, including key personnel and investors, except for EEA-nationals, are subject to the provisions of the Foreign Labour Act including the labour market test and the quota system. If an investor commits an investment which has a positive effect on the entire Austrian economy or a whole sector of the Austrian economy, the labour market test can be dropped for him and for individual cases of essential key personnel. Investors who furnish proof that they hold at least 25 per cent in a partnership ("Personengesellschaft") or a public limited company ("Gesellschaft mit beschränkter Haftung") and that they exert a decisive influence on that company are exempted from the Foreign Labour Act. LT: At least one of representative of the foreign company branch must be resident in Lithuania. MT: The requirements of Maltese legislation and regulations regarding entry and stay shall continue to apply, including regulations concerning period of stay. Entry and residence permits are granted at the discretion of the Government of Malta. SK: A foreign natural person whose name is to be registered in the Commercial Register as a person authorised to act on behalf of the entrepreneur is required to submit residence permit for the Slovak Republic. Sector or subsector // Limitations on national treatment to establishment // 2. SECTOR-SPECIFIC COMMITMENTS (based on UN ISIC rev.3 classification) A. Agriculture, HUNTING, FORESTRY // 1. Agriculture, hunting excluding services 2. Forestry, logging excluding services // AT: Reservation. CY: Up to 49% non-EU participation is allowed. The indicative minimum level of investment is CY£ 100,000. FR: Reservation on the establishment of agricultural enterprises by nationals of countries that are not members of the Community and the acquisition of vineyards. HU: Unbound. IE: Reservation on the acquisition by non-Community nationals of land for agricultural purposes, unless an authorisation is granted; Investment by non-Community residents in flour milling activities. LT: Unbound in relation of the acquisition by foreign subjects (natural and legal persons) into ownership of land, internal waters and forests in accordance with constitutional law. MT: Unbound. SK: Reservation on the acquisition of land for agricultural purposes and other land as set in the Foreign Exchange Act, unless an authorisation is granted. B. Fishing // 5. Fishing, operation of fish hatcheries and fish farms; excluding services. // AT: acquisition of 25% or more of vessels registered in Austria. BE: Reservation on the acquisition of Belgian flag vessels by shipping companies not having their principal office in Belgium. CY: Up to 49% non-EU participation is allowed. The indicative minimum level of investment is CY£ 100,000. DK: Reservation on the ownership by non-EC residents of one-third or more of a business engaged in commercial fishing; ownership of flag vessels by non-EC residents except through an enterprise incorporated in Denmark. FR: reservation on the settling of non-Community nationals or non-EFTA nationals on the maritime State property for fish/shallfish/algae farming. FI: Reservation on the ownership of Finnish flag vessels, including fishing vessels, except through an enterprise incorporated in Finland. F: reservation on the ownership after acquisition of more than 50 per cent of a French flag vessel, unless the vessel concerned is entirely owned by enterprises having their principal office in France. DE: Sea fishing licence granted only to vessels entitled to fly the flag of Germany. These are fishing vessels of which the majority of shares is owned by Community citizens or companies established in accordance with Community rules and that have their principal place of business in a Member State. The use of the vessels must be headed and supervised by persons residing in Germany. In order to obtain a fishing licence, all fishing vessels must register with the relevant coastal states in which the ships have their homeports. EE: Ships are entitled to fly Estonian flag if located in Estonia and majority ownership is held by Estonian nationals in general partnership and in limited partnership companies, or other legal entities that are located in Estonia with voting majority held by Estonian nationals in the Board of Management. EL: ownership of a vessel under the Greek flag is limited to 49 per cent for non-EU natural or legal persons. HU: Unbound. IE: reservation on the acquisition by non-Community nationals of sea fishing vessels registered in Ireland. IT: reservation on the purchase by foreigners other than Community residents of a majority interest in Italian flag vessels or of a controlling interest in ship owning companies having their headquarters in Italy; purchase of Italian flag vessels used to fish in Italian territorial waters. LT: Unbound. LV: Reservation as regards registration of ownership of Latvia's fishing vessels by natural persons who are not either citizens or non-citizens of the Republic of Latvia or are not Latvia's legal persons, except through an enterprise established in Latvia. MT: Unbound. NL: reservation on the ownership of Netherlands flag vessels, unless the investment is made by shipping companies incorporated under Netherlands law, established in the Kingdom and having their actual place of management in the Netherlands. PT: reservation on the ownership of Portuguese flag vessels other than through an enterprise incorporated in Portugal. SE: reservation on the acquisition of 50 per cent or more of Swedish flag vessels, except through an enterprise incorporated in Sweden; establishment of, or acquisition of 50 per cent or more of shares in firms engaged in commercial fishing activities in Swedish waters, unless an authorisation is granted. Restrictions on the right of fishing and limitations on which fishing-vessels may obtain a license and become a part of the Swedish fishing-fleet are found in the Swedish fisheries legislation. SK: Reservation on the ownership of Slovak flag vessels except through an enterprise incorporated in the Slovak Republic. UK: Reservation on the acquisition of UK flagged vessels, unless the investment is at least 75% owned by British citizens and/or by companies which are at least 75% owned by British citizens, in all cases resident and domiciled in the UK. Vessels must be managed, directed and controlled from within the UK C. Mining and quarrying // 10. Mining of coal and lignite; extraction of peat 11. Extraction of crude petroleum and natural gas; excluding services 12. Mining of uranium and thorium ores 13. Mining of metal ores 14. Other mining and quarrying // CZ: Unbound. EL: The right of exploration and exploitation of all minerals, except hydrocarbons, solid fuels, radioactive minerals and geothermal potential is subject to a concession by the Greek State, after approval of the Council of Ministers. ES: Reservation on investment originating in non-Community member countries in strategic minerals. FR: Establishment by a non resident in extractive industries must be carried out in the form of a French or European subsidiary, whose manager must be resident in France or other country and declare his place of residence to the local prefet authorities. HU: The right of prospetting for, exploration and exploitation of mineral raw materials may be subject to a time-limited concession granted by the Hungarian state. LT: Unbound. MT: Unbound. EC: Reservation on prospection, exploration and exploitation of hydrocarbons: In accordance with Directive 94/22/EC of 30 May 1994 (OJ no L 164 of 30/06/94), whenever it appears that a third country is not granting Community entities as regards access to and exercise of these activities treatment comparable to that which the Community grants entities from that country, the Council could, on a proposal of the Commission, authorise a Member State to refuse authorisation to an entity which is effectively controlled by the third country concerned and/or by nationals of that country (reciprocity) D. Manufacturing // 15. Manufacture of food products and beverages 16. Manufacture of tobacco products 17. Manufacture of textiles 18. Manufacture of wearing apparel; dressing and dyeing of fur 19. Tanning and dressing of leather; manufacture of luggage, handbags, saddlery, harness and footwear 20. Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials 21. Manufacture of paper and paper products 22. Publishing, printing and reproduction of recorded media 23 Manufacture of coke, refined petroleum products and nuclear fuel 24. Manufacture of chemicals and chemical products 25. Manufacture of rubber and plastics products 26. Manufacture of other non-metallic mineral products 27. Manufacture of basic metals 28. Manufacture of fabricated metal products, except machinery and equipment 29. Manufacture of machinery and equipment n.e.c. 30. Manufacture of office, accounting and computing machinery 31. Manufacture of electrical machinery and apparatus n.e.c. 32. Manufacture of radio, television and communication equipment and apparatus 33. Manufacture of medical, precision and optical instruments, watches and clocks 34. Manufacture of motor vehicles, trailers and semi-trailers 35. Manufacture of other transport equipment 36. Manufacture of furniture; manufacturing n.e.c. 37. Recycling // none other manufacturing // A: Production of non-military arms and ammunitions are subject to EEA-nationality requirement. Production of military arms and ammunitions are subject to an Austrian nationality requirement. Juridical persons and partnerships: Registered office or head office in Austria. The company's professional representative or managing partners empowered to act on its behalf must be EEA-nationals. E. Electricity, gas and water supply // 40. Electricity, gas steam and hot water supply. // AT: Unbound. CZ: Unbound. FR: Concessions and authorizations in hydroelectricity can be given only to French nationals or to nationals from the Community, as well as to nationals of third countries, with which reciprocity agreements have been concluded with respect to exploitation of hydroelectricity. FI: Reservation on investment in an enterprise engaged in activities involving nuclear energy or nuclear matter. EL: Solid fuels, radioactive minerals and geothermal energy: An exploration licence may not be granted to non-Community natural or legal persons. The right of exploitation is subject to a concession by the Greek State, after approval by the Council of Ministers. HU: Unbound. LV: State monopoly in the sector of electro energy. MT: Unbound. PT: Reservation on investment in an enterprise engaged in the import, transport and supply of natural gas. The Portuguese Government is competent to define the conditions to be fulfilled by enterprises wishing to perform those activities. SK: Conformity with energy policy of the Slovak Republic is required. Reservation on investment in enterprises characterised as natural monopolies. The government can limit import and export of electricity and gas in the following cases: -rights and obligations of producers and purchasers of electricity and gas are not similiar or beyond to rights and obligations of producers and purchasers in the Slovak Republic -the precautions of individual producers relating to the protection of environment are not similiar or beyond to the protection of environment carried out in the Slovak Republic -the import or export of electricity limits the use of electricity from renewable sources or from domestic coal sources. ANNEX IX Community's coverage on government procurement (referred to in Article 137 of the Association Agreement) Appendix 1 Entities at Central level Entities which procure in accordance with the provisions of this Title Section 2 Contracting authorities of the State CZECH REPUBLIC >TABLE POSITION> ESTONIA >TABLE POSITION> CYPRUS >TABLE POSITION> LATVIA >TABLE POSITION> LITHUANIA >TABLE POSITION> HUNGARY >TABLE POSITION> MALTA >TABLE POSITION> POLAND >TABLE POSITION> SLOVENIA >TABLE POSITION> SLOVAKIA >TABLE POSITION> Appendix 2 Entities at subcentral level and bodies governed by public law Entities which procure in accordance with the provisions of this title LISTS OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW XVI. CZECH REPUBLIC: >TABLE POSITION> XVII. ESTONIA: >TABLE POSITION> XVIII. CYPRUS: >TABLE POSITION> XIX. LATVIA: >TABLE POSITION> XX. LITHUANIA: >TABLE POSITION> XXI. HUNGARY: >TABLE POSITION> XXII. MALTA: >TABLE POSITION> XXIII. POLAND: >TABLE POSITION> XXIV. SLOVENIA: >TABLE POSITION> XXV. SLOVAKIA: >TABLE POSITION> Appendix 3 ENTITIES OPERATING IN THE UTILITIES SECTOR Entities which procure in accordance with the provisions of this title Section 1 Contracting entities in the field of maritime or inland port or other terminal facilities CZECH REPUBLIC >TABLE POSITION> ESTONIA >TABLE POSITION> CYPRUS >TABLE POSITION> LATVIA >TABLE POSITION> LITHUANIA >TABLE POSITION> HUNGARY >TABLE POSITION> MALTA >TABLE POSITION> POLAND >TABLE POSITION> SLOVENIA >TABLE POSITION> SLOVAKIA >TABLE POSITION> Section 2 Contracting entities in the field of airport facilities CZECH REPUBLIC >TABLE POSITION> ESTONIA >TABLE POSITION> LATVIA >TABLE POSITION> LITHUANIA >TABLE POSITION> HUNGARY >TABLE POSITION> MALTA >TABLE POSITION> POLAND >TABLE POSITION> SLOVENIA >TABLE POSITION> SLOVAKIA >TABLE POSITION> ANNEX X List of publication means to be added to ANNEX XIII of the Association Agreement Appendix 2 Estonia Official Journal of the European Union Hungary Official Journal of the European Union >TABLE POSITION> (Public Procurement Bulletin) Lapja (Public Procurement Bulletin - Official Journal of the Public Procurement Council) Slovenia Official Journal of the Republic of Slovenia Czech Republic Official Journal of the Republic >TABLE POSITION> Cyprus Official Journal of the European Union Official Gazette of the Republic Local Daily Press Poland Official Journal of the European Union >TABLE POSITION> Malta Official Gazette of the Republic Government Gazette Lithuania Official Journal of the Republic of Lithuania Information supplement "Informaciniai pranesimai" to the Gazette ("Valstybes zinios") of the Republic of Lithuania Latvia Official Journal of the Republic of Latvia Latvijas vestnesis (official newspaper) Slovakia Official Journal of the European Union Vestnik Verejneho Obstaravania (Public procurement journal)