Existing measures: Transport Operations (Passenger Transport) Act 1994 (Qld) Transport Operations (Passenger Transport) Regulation 2018 (Qld)
26. Sector: Agriculture
Sub-sector: Genetically modified crops
Obligations concerned: Market Access (Investment)
Description: Victoria
Australia reserves the right to adopt or maintain any measure with respect to the cultivation, or any other dealing with, genetically modified crops in Victoria.
Existing measures:
27. Sector: All
Obligations concerned: Market Access (Investment and Cross-Border Trade in Services)
Description :Victoria
In Victoria, the Minister may:
(a) provide, operate, control, deregulate or direct any vital industry while a vital industry declaration is in force; and
(b) employ such persons in such numbers and upon such terms as appear necessary for the carrying into effect of these powers.
Australia reserves the right to adopt or maintain any measure with respect to the activities referred to in subparagraphs (a) and (b) in Victoria.
Existing measures: Vital State Industries (Works and Services) Act 1999 (Vic)
28. Sector: Mining and related activities
Obligations concerned: Market Access (Investment)
Description: Western Australia
Australia reserves the right to adopt or maintain any measure with respect to mining in Western Australia.
Existing measures:
29. Sector: Energy
Obligations concerned: Market Access (Investment)
Description: Western Australia Australia reserves the right to adopt or maintain any measure with respect to the production, collection, storage, and distribution of energy in Western Australia.
Existing measures:
30. Sector: All
Obligations concerned: Performance Requirements
Description: Australia reserves the right to adopt or maintain any measure at the regional level of government with respect to the imposition or enforcement of any requirement, or the enforcement of any commitment or undertaking: (a) to locate the regional or world headquarters of an enterprise in its territory; or (b) to achieve a given level or value of research and development in its territory, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment.
Existing measures:
ANNEX II. SCHEDULE OF THE UNITED KINGDOM
INTRODUCTORY NOTES
1. For the avoidance of doubt, and recalling i) subparagraph 6(a) of Article 13.13 (Non-Conforming Measures - Investment) and subparagraph 3(b) of Article 8.2 (Scope - Cross-Border Trade in Services) relating to the exclusion of government procurement; and ii) subparagraph 6(b) of Article 13.13 (Non- Conforming Measures - Investment) and subparagraph 3(d) of Article 8.2 (Scope - Cross-Border Trade in Services) relating to the exclusion of subsidies or grants provided by a Party:
In relation to Research and Development (R&D) services, Chapter 13 (Investment) and Chapter 8 (Cross-Border Trade in Services) shall not interfere with the ability of the UK to grant exclusive rights or authorisations, for publicly funded R&D services, to nationals of the UK or enterprises of the UK having their registered office, central administration, or principal place of business in the UK.
2. With respect to computer services, any of the following services shall be considered as "computer and related services", regardless of whether they are delivered via a network, including the Internet:
(a) consulting, adaptation, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, support, technical assistance, or management of or for computers or computer systems;
(b) computer programmes defined as the sets of instructions required to make computers work and communicate (in and of themselves), as well as consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management, or use of or for computer programmes;
(c) data processing, data storage, data hosting, or database services;
(d) maintenance and repair services for office machinery and equipment, including computers; and
(e) training services for staff of clients, related to computer programmes, computers or computer systems, and not elsewhere classified.
For greater certainty, services enabled by computer and related services, other than those listed in (a) to (e), shall not be regarded as "computer and related services" in themselves.
3. For greater certainty, the fact that a Party has made an entry does not necessarily mean that, in the absence of such an entry, the measure would be inconsistent with the obligations under Chapter 13 (Investment) and Chapter 8 (Cross-Border Trade in Services).
4. With respect to Annex II Entry 1 on Most-Favoured-Nation Treatment relating to agreements, the absence of language regarding the scope of the entry for differential treatment resulting from an amendment of those agreements in force or signed prior to the date of entry into force of this Agreement is without prejudice to the UK's interpretation of the scope of the entry.
Entry No. I-1 - All sectors
Sector: All sectors
Obligations Concerned: Market Access, National Treatment, Local Presence, Most-Favoured-Nation Treatment, Senior Management and Boards of Directors, Performance Requirements
Description: The UK reserves the right to adopt or maintain any measure with respect to the following:
(a) Public utilities
With respect to Investment - Market Access:
Services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators.
Public utilities exist in sectors such as related scientific and technical consulting services, research and development (R&D) services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services, and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical. This sub-entry (a) does not apply to telecommunications and to computer and related services.
(b) Most-Favoured-Nation Treatment
With respect to Investment - Most-Favoured-Nation Treatment and Cross-Border Trade in Services - Most- Favoured-Nation Treatment:
According differential treatment pursuant to any international investment treaty or other trade agreement in force or signed prior to the date of entry into force of this Agreement.
According differential treatment to a country pursuant to any existing or future bilateral or multilateral agreement which:
(i) creates an internal market in services and investment;
(ii) grants the right of establishment; or
(iii) requires the approximation of legislation in one or more economic sectors.
An internal market on services and investment means an area without internal frontiers in which the free movement of services, capital, and persons is ensured.
The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the regional economic integration agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the regional economic integration agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the country where such establishment takes place.
The approximation of legislation means:
(i) the alignment of the legislation of one or more of the parties to the regional economic integration agreement with the legislation of the other party or parties to that agreement; or
(ii) the incorporation of common legislation into the law of the parties to the regional economic integration agreement.
Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the regional economic integration agreement.
According differential treatment relating to the right of establishment to nationals or enterprises through existing or future bilateral agreements between the UK and any of the following countries or principalities:
Andorra, Monaco, San Marino, and the Vatican City State.
According differential treatment to a third country pursuant to existing or future agreements relating to air services or to related services in support of air services.
(c) Arms, ammunitions, and war material
With respect to Investment - Market Access, National Treatment, Most-Favoured-Nation Treatment, Senior Management and Boards of Directors, Performance Requirements and Cross-Border Trade in Services - Market Access, National Treatment, Local Presence, Most-Favoured-Nation Treatment:
Production or distribution of, or trade in, arms, munitions, and war material. War material is limited to any product which is solely intended and made for military use in connection with the conduct of war or defence activities.
(d) Presence of natural persons
With respect to Cross-Border Trade in Services - Market Access:
The supply of a service by the presence of natural persons, subject to the provisions of Chapter 11 (Temporary Entry for Business Persons), that is not inconsistent with the United Kingdom's obligations under the GATS.
Entry No. II-2 -Professional services (legal services and auditing services)
Sector - Sub-Sector: Professional services - legal services and auditing services
Industry Classification: Part of CPC 861, part of 862, part of 87902
Obligations Concerned: Market Access, Local Presence, National Treatment, Senior Management and Boards of Directors
Investment and Cross-Border Trade in Services
Description (a)
(a) Legal services (part of CPC 861, part of 87902).
The UK reserves the right to adopt or maintain any measure with respect to the supply of legal advisory and legal authorisation, documentation, and certification services provided by legal professionals entrusted with public functions, such as notaries, and with respect to services provided by bailiffs.
Description (b)
(b) Auditing services (CPC - 86211, 86212 other than accounting and bookkeeping services)
The UK reserves the right to adopt or maintain any measure with respect to the cross-border supply of auditing services.
Existing measures (b) : Companies Act 2006.
Entry No. II-3 - Professional services (health related and retail of pharmaceuticals)
Sector: Health related professional services and retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by pharmacists
Industry Classification: CPC 63211, 85201, 9312, 9319
Obligations Concerned: Market Access, National Treatment, Local Presence
Description:
(a) Medical and dental services; services provided by midwives, nurses, physiotherapists, psychologists and paramedical personnel (CPC 63211, 85201, 9312, 9319)
With respect to Investment - Market Access: Establishment for doctors under the National Health Service is subject to medical manpower planning (CPC 93121, 93122).
With respect to Cross-Border Trade in Services - Market Access, National Treatment, Local Presence
The UK reserves the right to adopt or maintain any measure with respect to the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedical personnel, and psychologists, (part of CPC 85201, CPC 9312, part of 93191).
(b) Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by pharmacists (CPC 63211)
With respect to Investment - Market Access and Cross-Border Trade in Services - Market Access, National Treatment, Local Presence:
The UK reserves the right to adopt or maintain any measure with respect to the supply of cross-border retail sales of pharmaceuticals and of medical and orthopaedic goods, and other services provided by pharmacists. Establishment in the UK is required for the retail of pharmaceuticals and specific medical goods to the general public in the UK.
Entry No. II-4 - Business services (collection agency services and credit reporting services)
Sector - Sub-Sector: Business Services - collection agency services, credit reporting services
Industry Classification: CPC 87901, 87902
Obligations Concerned: Market Access, National Treatment, Local Presence
Description: Cross-Border Trade in Services
The UK reserves the right to adopt or maintain any measure with respect to the supply of collection agency services and credit reporting services.
Entry No. II-5 - Business services (placement services)
Sector - Sub-Sector: Business services - placement services
Industry Classification: CPC 87202, 87204, 87205, 87206, 87209
Obligations Concerned: Market Access, National Treatment, Local Presence, Senior Management and Boards of Directors
Description: Investment and Cross-Border Trade in Services
The UK reserves the right to adopt or maintain any measure with respect to the following:
(a) The supply of placement services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209);
(b) Requiring establishment for, and the prohibition of cross-border supply of, placement services of office support personnel and other workers.
Entry No. II-6 - Business services (investigation services)
Sector - Sub-Sector: Business services - investigation services
Industry Classification: CPC 87301
Obligations Concerned: Market Access, National Treatment, Local Presence, Performance Requirements, Senior Management and Boards of Directors
Description: Investment and Cross-Border Trade in Services
The UK reserves the right to adopt or maintain any measure with respect to the supply of investigation services (CPC 87301).
Entry No. II-7 - Business services (other business services)
Sector - Sub-Sector: Business services - other business services
Industry Classification: CPC 86764, 86769, 8868
Obligations Concerned: Market Access, National Treatment, Local Presence
Description: Cross-Border Trade in Services
The UK reserves the right to adopt or maintain any measure with respect to the cross-border supply of maintenance and repair services in relation to the following:
(a) rail transport equipment;
(b) internal waterways transport vessels;
(c) maritime vessels. Only recognised organisations authorised by the UK may carry out statutory surveys and certification of ships on behalf of the UK. Establishment may be tequired.
Existing measures: Regulation (EC) No 391/2009 of the European Parliament and the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations as retained in UK law by the European Union (Withdrawal) Act 2018, and as amended by the Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019.
Entry No. II-8 - Education services
Sector: Education services
Industry Classification: CPC 92
Obligations Concerned: Market Access, National Treatment, Local Presence, Senior Management and Boards of Directors, Performance Requirements
Description: Investment and Cross-Border Trade in Services
The UK reserves the right to adopt or maintain any measure with respect to the following:
(a) All educational services which receive public funding or State support in any form and are therefore not considered to be privately funded. Where the supply of privately funded education services by a foreign provider is permitted, participation of private operators in the education system may be subject to concession allocated on a non-discriminatory basis;
(b) The supply of privately funded other education services, which means other than those classified as being primary, secondary, higher and adult education services (CPC 929).
Entry No. II-9 - Health and social services
Sector: Health and social services
Industry Classification: CPC 931 (other than 9312, part of 93191), CPC 933 Market Access