Note: For transparency, the MTR Corporation Limited (Corporation) has been granted a franchise to operate railway (including maintenance of railway assets, construction of any extension and any other railway which the Secretary for Transport and Housing has authorised the Corporation to construct, and management of railway premises and related transport interchanges) in Hong Kong for a period of 50 years from 2 December 2007. The Corporation may apply for extension of the franchise.
II-HKC-22 (Services)
Sector: TRANSPORT SERVICES Road Transport Services
Industry Classification:
Obligations Concerned: National Treatment (Article 8.3) Market Access (Article 8.5) Local Presence (Article 8.6)
Description: Hong Kong, China reserves the right to adopt or maintain any measure with respect to Road Transport Services, except for:
(a) Freight transportation (CPC 7123);
(b) Rental services of commercial freight vehicles with operator (CPC 71240); and
(c) Maintenance and repair of road transport equipment (CPC 6112 and 8867).
II-HKC-23 (Services)
Sector: TRANSPORT SERVICES Services auxiliary to all modes of transport
Industry Classification: CPC 741 Cargo-handling services CPC 742 Storage and warehouse services, including distribution centre services and materials handling and equipment services such as container station and depot services
Obligations Concerned: National Treatment (Article 8.3) Market Access (Article 8.5) Local Presence (Article 8.6)
Description: Hong Kong, China reserves the right to adopt or maintain any measure with respect to:
(a) Cargo-handling services in respect of air and rail; and
(b) Storage and warehouse services, including distribution centre services and materials handling and equipment services such as container station and depot services, in respect of air and rail.
II-HKC-24 (Services)
Sector: OTHER SERVICES NOT INCLUDED ELSEWHERE
Industry Classification: CPC 95 Services of membership organisations CPC 97 Other services CPC 98 Private households with employed persons CPC 99 Services provided by organisations and bodies extraterritorial
Obligations Concerned: National Treatment (Article 8.3) Market Access (Article 8.5) Local Presence (Article 8.6)
Description: Hong Kong, China reserves the right to adopt or maintain any measure with respect to the services as set out above, except for Modes 2 and 3 for Spa services (part of CPC 9702).
Annex II. SCHEDULE OF PERU (Reservations for Trade in Services and Establishment) (1)
EXPLANATORY NOTES
1. This Schedule sets out, pursuant to Article 8.7 (Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 12.6 (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), the specific sectors, sub-sectors or activities for which Peru may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 8.3 (National Treatment) of Chapter 8 (Trade in Services) Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions); or
(b) Article 8.4 (Most-Favoured-Nation Treatment) of Chapter 8 (TradeServices); in
(c) Article 8.5 (Market Access) of Chapter 8 (Trade in Services);
(d) Article 8.6 (Local Presence) of Chapter 8 (Trade in Services); or (e) Article 12.5 (Performance Requirements) of Chapter 12 (Establishment and Related Provisions).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Sub-Sector, where referenced, refers to the specific sub-sector for which the entry is made;
(c) To identify the different sectors and sub-sectors in this list, the CPC prov, 1991 is used, which stands for the Central Product Classification according to the definition of the United Nations Statistics Office, Statistical Reports, Series M, No. 77, CPC prov, 1991;
(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.7.2 (Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 12.6.2 (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), do not apply to the sectors, sub-sectors or activities listed in the entry;
(e) Description sets out the scope or nature of the sectors, sub-sectors or activities covered by the entry to which the reservation applies; and
(f) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-sectors or activities covered by the entry.
3. In accordance with Article 8.7.2 (Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 12.6.2 (Non-Conforming Measures) of Chapter 12 (Establishment and Related Provisions), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, sub-sectors and activities identified in the Description element of that entry.
II-PERU-1
Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.4)
Description: Trade in Services
Peru reserves the right to adopt or maintain any measure that accords differential treatment to countries in accordance with any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Peru reserves the right to adopt or maintain any measure that accords differential treatment to countries in accordance with any bilateral or multilateral international agreements in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters (2) , including salvage.
Existing Measures:
II-PERU-2
Sector: Indigenous Communities, Peasant, Native and Minority Affairs
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3 and Article 12.4) Most-Favoured-Nation Treatment (Article 8.4) Local Presence (Article 8.6) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities and ethnic groups. For the purposes of this entry, “ethnic groups” means indigenous, native and peasant communities.
Existing Measures:
II-PERU-3
Sector: Fishing and Services related to Fishing Sub-Sector
Obligations Concerned: National Treatment (Article 8.3 and Article 12.4) Most-Favoured-Nation Treatment (Article 8.4) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure relating to artisanal fishing.
Existing Measures:
II-PERU-4
Sector: Cultural Industries
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.4)
Description: Trade in Services
For the purposes of this entry, “cultural industries” means:
(a) publication, distribution or sale of books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;
(b) production, distribution, sale or display of recordings of movies or videos;
(c) production, distribution, sale or display of music recordings in audio or video format;
(d) production and presentation of theatre arts (3);
(e) production and exhibition of visual arts;
(f) production, distribution or sale of printed music scores or scores readable by machines;
(g) design, production, distribution and sale of handicrafts; or
(h) radiobroadcasts aimed at the public in general, as well as all radio, television, and cable television-related activities, satellite programming services, and broadcasting networks. Peru reserves the right to adopt or maintain any measure giving preferential treatment to persons of other countries pursuant to any existing or future bilateral or multilateral international agreement regarding cultural industries, including audio-visual cooperation agreements.
For greater certainty, Chapter 8 (Trade in Services) and Article 12.4 (National Treatment) of Chapter 12 (Establishment and Related Provisions) shall not apply to government support for the promotion of cultural industries.
Existing Measures:
II-PERU-5
Sector: Handicraft Industries
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3 and Article 12.4) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure relating to the design, distribution, retailing or exhibition of handicrafts that are identified as Peruvian handicrafts. Performance requirements shall in all cases be consistent with the Agreement on Trade-Related Investment Measures, set out in Annex 1A to the WTO Agreement (TRIMs Agreement).
Existing Measures:
II-PERU-6
Sector: Audio-Visual Industry
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure whereby a specified percentage (up to 20 per cent) of the total cinematographic works shown on an annual basis in cinemas or exhibition rooms in Peru consist of Peruvian cinematographic works. In establishing such percentage, Peru shall take into account factors including the national cinematographic production, the existing exhibition infrastructure in the country and attendance.
Existing Measures:
II-PERU-7
Sector: Jewellery Design, Theatre Arts, Visual Arts, Music Publishing
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support for the development and production of jewellery design, theatre arts, visual arts, music and publishing on the recipient achieving a given level or percentage of domestic creative content.
Existing Measures:
II-PERU-8
Sector: Audio-Visual Industry, Publishing Music
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3 and Article 12.4) Most-Favoured-Nation Treatment (Article 8.4)
Description: Establishment and Trade in Services
Peru may adopt or maintain any measure that affords a person of the other Party the treatment that is afforded by that Party to Peruvian persons in the audio-visual, publishing and music sectors.
Existing Measures:
II-PERU-9
Sector: Social Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.3 and Article 12.4) Most-Favoured-Nation Treatment (Article 8.4) Local Presence (Article 8.6) Performance Requirements (Article 12.5)
Description: Establishment and Trade in Services
Peru reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for a public purpose: income security and insurance, social security, social welfare, public education, public training, health and childcare.
Existing Measures:
II-PERU-10
Sector: Public Supply of Potable Water
Sub-Sector:
Obligations Concerned: Local Presence (Article 8.6)
Description: Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to the public supply of potable water. For greater certainty, nothing in this entry shall affect the ability of a foreign enterprise to supply bottled water.
Existing Measures:
II-PERU-11
Sector: Public Sewage Services
Sub-Sector:
Obligations Concerned: Local Presence (Article 8.6)
Description: Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to public sewage services.
Existing Measures:
II-PERU-12
Sector: Telecommunications Services
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.4) Local Presence (Article 8.6)
Description: Trade in Services
Peru reserves the right to adopt or maintain any measure in relation to the granting of a concession for the installation, operation and exploitation of public telecommunication services.
Existing Measures: