EU - Mercosur Partnership Agreement (2025)
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In HR: Unbound, except for freight transport agency services.

For Mode 2

None.

D. Services auxiliary to road transport

a) Cargo-handling services

(part of CPC 741)

b) Storage and warehouse services

(part of CPC 742)

c) Freight transport agency services

(part of CPC 748)

d) Rental of commercial road vehicles with operators

(CPC 7124)

e) Supporting services for road transport

(CPC 744)

f) Other supporting and auxiliary services

(part of CPC 749)

For Mode 1

In AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SI, SK: Unbound for rental of commercial road vehicles with operators.

In HR: Unbound, except for freight transport agency services and supporting services for road transport.

For Mode 2

None.

E. Services auxiliary to air transport services

a) Ground-handling services (including catering services)

For Mode 1

EU: Unbound, except for catering.

For Mode 2

In BG, CY, CZ, HR, HU, MT, PL, RO, SI, SK: Unbound.

b) Storage and warehouse services

(part of CPC 742)

For Modes 1 and 2

None.

c) Freight transport agency services

(part of CPC 748)

For Modes 1 and 2

None.

F. Services auxiliary to pipeline transport of goods other than fuel 35

a) Storage and warehouse services of goods other than fuel transported by pipelines

(part of CPC 742)

For Mode 1

In AT, BE, BG, CY, CZ, DE, DK, EL, ES, FI, FR, HR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SE, SI, SK: Unbound.

For Mode 2

None.

13. Other transport services

Provision of combined transport service

In all Member States of the European Union except AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SI, SK: None, without prejudice to the limitations inscribed in this list affecting any given mode of transport.

In AT, BG, CY, CZ, EE, HR, HU, LT, LV, MT, PL, RO, SE, SI, SK: Unbound.

14. Energy services

A. Services incidental to mining

(CPC 883) 36

For Modes 1 and 2

None.

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 or of a third country on condition of material reciprocity. Compliance with the condition of reciprocity is verified by the Ministry responsible for mining.

In SK: For mining, activities related to mining and geological activity, incorporation is required (no branching).

B. Pipeline transportation of fuels

(CPC 7131)

For Mode 1

EU: Unbound.

For Mode 2

In AT, BE, BG, CY, CZ, DE, DK, EE, EL, ES, FI, FR, IE, IT, LU, LV, MT, NL, PL, PT, RO, SE, SI, SK: Unbound.

C. Storage and warehouse services of fuels transported through pipelines

(part of CPC 742)

For Mode 1

In AT, BE, BG, CY, CZ, DE, DK, EL, ES, FI, FR, HR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SE, SI, SK: Unbound.

For Mode 2

None.

D. Wholesale trade services of solid, liquid and gaseous fuels and related products

(CPC 62271)

and wholesale trade services of electricity, steam and hot water

For Mode 1

EU: Unbound for wholesale trade services of electricity, steam and hot water.

In SK: Unbound for direct branching (incorporation is required) for liquid and gaseous fuels.

For Mode 2

None.

E. Retailing services of motor fuel

(CPC 613)

For Mode 1

EU: Unbound.

For Mode 2

None.

F. Retail sales of fuel oil, bottled gas, coal and wood

(CPC 63297)

and retailing services of electricity, (non-bottled) gas, steam and hot water

For Mode 1

EU: Unbound for retailing services of electricity, (non-bottled) gas, steam and hot water.

In BE, BG, CY, CZ, DE, DK, EL, ES, FR, IE, IT, LU, MT, NL, PL, PT, SK: For retail sales of fuel oil, bottled gas, coal and wood, unbound except for mail order (none for mail order).

For Mode 2

None.

G. Services incidental to energy distribution

(CPC 887)

For Mode 1

EU: Unbound, except for consultancy services (none for consultancy services).

For Mode 2

None.

15. Other services not included elsewhere

a) Washing, cleaning and dyeing services

(CPC 9701)

For Mode 1

EU: Unbound.

For Mode 2

None.

b) Hairdressing services

(CPC 97021)

For Mode 1

EU: Unbound.

For Mode 2

None.

c) Cosmetic treatment, manicuring and pedicuring services

(CPC 97022)

For Mode 1

EU: Unbound.

For Mode 2

None.

d) Other beauty treatment services not elsewhere classified

(CPC 97029)

For Mode 1

EU: Unbound.

For Mode 2

None.

e) Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes 37

(CPC ver. 1.0 97230)

For Mode 1

EU: Unbound.

For Mode 2

None.

g) Telecommunications connection services

(CPC 7543)

For Modes 1 and 2

None.

ANNEX 18-B. EUROPEAN UNION. LIST OF COMMITMENTS ON ESTABLISHMENT IN CONFORMITY WITH ARTICLES 18.3 AND 18.4

1.    The list of commitments in this Annex indicates the economic activities liberalised pursuant to Articles 18.3 and 18.4 and specifies the market access and national treatment limitations that apply to enterprises and investors of MERCOSUR in those activities by means of reservations. The list in this Annex is composed of two columns containing the following elements, respectively:

(a)    the sector or subsector in which the commitment is undertaken by the European Union, and the scope of liberalisation to which the reservations apply; and

(b)    a description of the applicable reservations.

2.    Establishment in sectors or subsectors covered by Part III of this Agreement and not mentioned in the list in this Annex is not committed.

3.    For the purposes of this Annex, when identifying individual sectors and subsectors:

(a)    "CPC" means the Provisional Central Products Classification as defined in Article 9.3(c);

(b)    "CPC ver. 1.0" means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998; and

(c)    "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, N° 4, ISIC REV 3.1, 2002.

4.    The list in this Annex does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures if they do not constitute a market access or a national treatment limitation within the meaning of Article 18.3 or Article 18.4 respectively. Those measures (for example, need to obtain a licence, universal service obligations, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, and non-discriminatory requirement that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to enterprises and investors of a Signatory MERCOSUR State.

5.    The European Union takes commitments with respect to market access commitments as set out in Article 18.3(1), differentiated by its Member States, if applicable.

6.    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 a Signatory MERCOSUR State the treatment granted in a Member State of the European Union, pursuant to the Treaty on the Functioning of the European Union, or to any measure adopted pursuant to that Treaty, including the implementation of that Treaty or measures in the Member States of the European Union, to:

(a)    natural persons or residents of a Member State of the European Union; or

(b)    juridical persons constituted or organised under the law of another Member State of the European Union or that of the European Union and having their registered office, central administration or principal place of business in a Member State of the European Union.

Such national treatment is granted to juridical persons which are constituted or organised under the law of a Member State of the European Union or that of the European Union and have their registered office, central administration or principal place of business in a Member State of the European Union, including those which are owned or controlled by natural or juridical persons of a Signatory MERCOSUR State.

7.    The following abbreviations are used in the list in this Annex:

–    EU    European Union, including all its Member States

–    EEA    European Economic Area

–    AT    Austria

–    BE    Belgium

–    BG    Bulgaria

–    CY    Cyprus

  • Part   I GENERAL PRINCIPLES AND INSTITUTIONAL FRAMEWORK 1
  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1.1 General Definitions 1
  • Article   1.2 General Principles 1
  • Article   1.3 Scope 1
  • Article   1.4 General Objectives 1
  • Chapter   2 INSTITUTIONAL FRAMEWORK 1
  • Article   2.1 Summit 1
  • Article   2.2 Joint Council 1
  • Article   2.3 Joint Committee 1
  • Article   2.4 Subcommittees and other Bodies 1
  • Article   2.5 Joint Parliamentary Committee 1
  • Article   2.6 Relationship with Civil Society 1
  • Article   2.7 Domestic Advisory Groups 1
  • Article   2.8 Civil Society Forum 2
  • Chapter   3 GENERAL PROVISIONS 2
  • Article   3.1 Security Clause 2
  • Article   3.2 Other Agreements 2
  • Article   3.3 Territorial Application 2
  • Chapter   18 TRADE IN SERVICES AND ESTABLISHMENT 14
  • Section   A GENERAL PROVISIONS 14
  • Article   18.1 Objective and Scope 14
  • Article   18.2 Definitions 14
  • Article   18.3 Market Access 14
  • Article   18.4 National Treatment 14
  • Article   18.5 List of Specific Commitments 14
  • Section   B ENTRY AND TEMPORARY STAY OF NATURAL PERSONS SUPPLYING SERVICES AND FOR BUSINESS PURPOSES 14
  • Article   18.6 Scope 14
  • Article   18.7 Definitions 14
  • Article   18.8 Key Personnel and Graduate Trainees 14
  • Article   18.9 Business Sellers 14
  • Article   18.10 Contractual Service Suppliers and Independent Professionals 14
  • Section   C REGULATORY FRAMEWORK 14
  • Subsection   1 PROVISIONS OF GENERAL APPLICATION 14
  • Article   18.11 Mutual Recognition 14
  • Article   18.12 Transparency 14
  • Subsection   2 DOMESTIC REGULATION 15
  • Article   18.13 Scope 15
  • Article   18.14 Definitions 15
  • Article   18.15 Conditions for Licensing 15
  • Article   18.16 Licensing Procedures 15
  • Article   18.17 Qualification Requirements 15
  • Article   18.18 Qualification Procedures 15
  • Article   18.19 Review of Administrative Decisions 15
  • Subsection   3 POSTAL SERVICES 15
  • Article   18.20 Scope 15
  • Article   18.21 Definitions 15
  • Article   18.22 Prevention of Anti-competitive Practices In the Postal Sector 15
  • Article   18.23 Universal Services 15
  • Article   18.24 Licences to Provide Postal Services 15
  • Article   18.25 Independence of the Regulatory Body 15
  • Subsection   4 TELECOMMUNICATIONS SERVICES 15
  • Article   18.26 Scope 15
  • Article   18.27 Definitions 15
  • Article   18.28 Regulatory Authority 15
  • Article   18.29 Licences to Provide Telecommunication Services 15
  • Article   18.30 Anti-competitive Practices 15
  • Article   18.31 Access to Essential Telecommunications Facilities 15
  • Article   18.32 Interconnection 15
  • Article   18.33 Scarce Resources 15
  • Article   18.34 Universal Service 16
  • Article   18.35 Confidentiality of Information 16
  • Article   18.36 Disputes between Suppliers 16
  • Article   18.37 International Mobile Roaming Services 16
  • Subsection   5 FINANCIAL SERVICES 16
  • Article   18.38 Scope 16
  • Article   18.39 Definitions 16
  • Article   18.40 Prudential Carve-out 16
  • Article   18.41 Effective and Transparent Regulation In the Financial Services Sector 16
  • Article   18.42 New Financial Services 16
  • Article   18.43 Recognition of Prudential Measures 16
  • Article   18.44 Self-regulatory Organisations 16
  • Article   18.45 Payment and Clearing Systems 16
  • Subsection   6 E-COMMERCE 16
  • Article   18.46 Objective and Scope 16
  • Article   18.47 Definitions 16
  • Article   18.48 Customs Duties on Electronic Transmissions 16
  • Article   18.49 Principle of No Prior Authorisation 16
  • Article   18.50 Conclusion of Contracts by Electronic Means 16
  • Article   18.51 Electronic Signature and Authentication Services 16
  • Article   18.52 Unsolicited Direct Marketing Communications 16
  • Article   18.53 Consumer Protection 16
  • Article   18.54 Regulatory Cooperation on E-commerce 16
  • Article   18.55 Understanding on Computer Services 16
  • Section   D FINAL PROVISIONS AND EXCEPTIONS 17
  • Article   18.56 Contact Points 17
  • Article   18.57 Subcommittee on Trade In Services and Establishment 17
  • Article   18.58 Review Clause 17
  • Article   18.59 Denial of Benefits 17
  • Chapter   19 TRANSFERS OR PAYMENTS FOR CURRENT ACCOUNT TRANSACTIONS, CAPITAL MOVEMENTS AND TEMPORARY SAFEGUARD MEASURES 17
  • Article   19.1 Capital Account 17
  • Article   19.2 Current Account 17
  • Article   19.3 Application of Laws and Regulations Relating to Transfersor Payments for Current Account Transactions and Capital Movements 17
  • Article   19.4 Temporary Safeguard Measures 17
  • Article   19.5 Restrictions to Safeguard the Balance of Payments 17
  • Article   19.6 Final Provisions 17
  • ANNEX 18-A  EUROPEAN UNION. LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES IN CONFORMITY WITH ARTICLES 18.3 AND 18.4 27
  • ANNEX 18-B  EUROPEAN UNION. LIST OF COMMITMENTS ON ESTABLISHMENT IN CONFORMITY WITH ARTICLES 18.3 AND 18.4 32
  • ANNEX 18-C  EUROPEAN UNION. LIST OF LIMITATIONS IN CONFORMITY WITH ARTICLES 18.3, 18.4, 18.8 AND 18.9 (KEY PERSONNEL, GRADUATE TRAINEES AND BUSINESS SELLERS) 38
  • ANNEX 18-D  EUROPEAN UNION. LIST OF COMMITMENTS REGARDING CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS IN CONFORMITY WITH ARTICLES 18.3 AND 18.4 41
  • ANNEX 18-E  SPECIFIC COMMITMENTS OF THE SIGNATORY MERCOSUR STATES IN CONFORMITY WITH ARTICLES 18.3 AND 18.4 43
  • ANNEX 26-A  64
  • Part   A TRADE AND SUSTAINABLE DEVELOPMENT 64
  • Part   B COOPERATION 65
  • Part   C FINAL PROVISIONS 65
  • ANNEX 29-A  RULES OF PROCEDURE FOR ARBITRATION 65
  • ANNEX 29-B  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS 66
  • ANNEX 29-C  MEDIATION 66
  • PROTOCOL ON COOPERATION 67