4.2.2016 EN Official Journal of the European Union L 29/19 Article 40 Definitions For the purposes of this Chapter: (a) ‘measure’ means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form; (b) ‘measures adopted or maintained by a Party’ means measures taken by: (i) central, regional or local governments or authorities of a Party; and (ii) non-governmental bodies of a Party in the exercise of powers delegated by central, regional or local governments or authorities of a Party; (c) ‘natural person of the European Union’ or ‘natural person of the Republic of Kazakhstan’ means a national of one of the Member States of the European Union or of the Republic of Kazakhstan according to their respective legislation; (d) ‘juridical person’ means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately owned or governmentally owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association; (e) ‘juridical person of a Party’ means a juridical person of the European Union or of the Republic of Kazakhstan set up in accordance with the law of a Member State of the European Union or of the Republic of Kazakhstan, respectively, and having its registered office, its central administration, or its principal place of business in the territory to which the Treaty on the Functioning of the European Union applies or in the territory of the Republic of Kazakhstan, respectively. Should the juridical person set up in accordance with the law of a Member State of the European Union or of the Republic of Kazakhstan, have only its registered office or central administration in the territory to which the Treaty on the Functioning of the European Union applies or in the territory of the Republic of Kazakhstan, respectively, it shall not be considered as a juridical person of the European Union or of the Republic of Kazakhstan, respectively, unless it engages in substantive business operations in the territory to which the Treaty on the Functioning of the European Union applies or in the territory of the Republic of Kazakhstan, respectively; (f) Notwithstanding point (e), with regard to international maritime transport, including intermodal operations involving a sea leg, shipping companies established outside the European Union or the Republic of Kazakhstan and controlled by nationals of a Member State of the European Union or of the Republic of Kazakhstan, respectively, shall also be beneficiaries of the provisions of this Chapter if their vessels are registered in accordance with the respective legislation in that Member State of the European Union or in the Republic of Kazakhstan and fly the flag of a Member State of the European Union or of the Republic of Kazakhstan; (g) an ‘economic integration agreement’ means an agreement substantially liberalising trade in services, including establishment, in accordance with the General Agreement on Trade in Services (GATS), in particular Articles V and V bis of the GATS, and/or containing provisions substantially liberalising establishment in other economic activities meeting, mutatis mutandis, the criteria of Articles V and V bis of the GATS in respect of such activities; (h) ‘economic activities’ shall include activities of an economic nature except economic activities performed in the exercise of governmental authority; (i) ‘economic activities performed in the exercise of governmental authority’ means activities carried out neither on a commercial basis nor in competition with one or more economic operators; (j) ‘operations’ means the pursuit and the maintenance of economic activities; (k) ‘subsidiary’ of a juridical person means a juridical person which is effectively controlled by another juridical person of that Party (1); (1) A juridical person is controlled by another juridical person if the latter has the power to appoint a majority of its directors or otherwise to legally direct its actions.