(a) “sector” refers to the general sector in which the reservation is taken;
(b) “sub-sector” refers, where applicable, to the specific sector in which the reservation is taken;
(c) “industry classification” refers, where applicable, to the activity covered by the reservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in that reservation;
(d) “type of reservation” specifies the obligation referred to in paragraph 1 above for which a reservation is taken;
(e) “description” sets out the scope of the sector, sub-sector or activities covered by the reservation; and
(f) “existing measures” identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
4. In the interpretation of a reservation, all elements of the reservation shall be considered. The “description” element shall prevail over all other elements.
5. For the purposes of each Party’s Schedule:
(a) “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, No. 4, ISIC Rev. 3.1, 2002;
(b) “CPC” means the Provisional Central Product Classification (Statistical Papers, Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
6. For the purposes of each Party’s Schedule, a reservation for a requirement to have a local presence in a Party is taken against Article 3.15 (Local Presence), and not against Article 3.14 (Market Access) or Article 3.16 (National Treatment) of Section 3.3 (Cross-Border Trade in Services). Furthermore, such a requirement is not taken as a reservation against Article 3.7 (National Treatment) of Section 3.2 (Investment Liberalisation).
7. The list of reservations below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures where they do not constitute a market access or a national treatment limitation within the meaning of Article 3.6 (Market Access), Article 3.7 (National Treatment) of Section 3.2 (Investment Liberalisation), Article 3.14 (Market Access), Article 3.15 (Local Presence), Article 3.16 (National Treatment) of Section 3.3 (Cross-Border Trade in Services) or Article 3.76 (Obligations) of Sub-Section 3.5.6 (Legal Services). These measures may include, in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service or to maintain a local address, or zoning and planning requirements, or any non-discriminatory requirements that certain activities may not be carried out in protected zones or areas. While not listed, such measures continue to apply.
8. For greater certainty, non-discriminatory measures do not constitute a market access limitation within the meaning of Article 3.6 (Market Access) of Section 3.2 (Investment Liberalisation), Article 3.14 (Market Access) of Section 3.3 (Cross-Border Trade in Services), or Article 3.76 (Obligations) of Sub-Section 3.5.6 (Legal Services) for any measure:
(a) requiring the separation of the ownership of infrastructure from the ownership of the goods or services provided through that infrastructure to ensure fair competition, for example in the fields of energy, transportation and telecommunications;
(b) restricting the concentration of ownership to ensure fair competition;
(c) seeking to ensure the conservation and protection of natural resources and the environment including with respect to climate change, including a limitation on the availability, number and scope of concessions granted, and the imposition of a moratorium or ban;
(d) limiting the number of authorisations granted because of technical or physical constraints, for example telecommunications spectra and frequencies; or
(e) requiring that a certain percentage of the shareholders, owners, partners, or directors of an enterprise be qualified or practice a certain profession such as lawyers or accountants.
9. For greater certainty, for Iceland, Liechtenstein and Norway, the obligation to grant national treatment does not entail the requirement to extend to UK natural persons or enterprises the treatment granted to natural persons or enterprises of a Contracting Party to the EEA Agreement, or to any measure adopted pursuant to the EEA Agreement. Such treatment is granted only to enterprises constituted or organised in accordance with the law of a Contracting Party to the EEA Agreement and having their registered office, central administration or principal place of business within the EEA, including those enterprises established within the EEA which are owned or controlled by UK natural persons or enterprises.
10. With respect to financial services:
(a) Unlike foreign subsidiaries, branches established directly in a Contracting Party to the EEA Agreement by a non-EEA financial institution are not, with certain limited exceptions, subject to prudential regulations harmonised at EEA level which enable such subsidiaries to benefit from enhanced facilities to set up new establishments and to provide cross-border services throughout the EEA. Therefore, such branches receive an authorisation to operate in a Contracting Party to the EEA Agreement under conditions equivalent to those applied to domestic financial institutions of that Contracting Party to the EEA Agreement, 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 Contracting Party to the EEA Agreement concerned of the assets representing the technical reserves and at least one third of the solvency margin.
(b) Iceland, Liechtenstein and Norway take their commitments subject to the applicable prudential regulatory regime under the EEA Agreement and relevant national law derived therefrom, including third country provisions and equivalence decisions adopted by the European Commission and incorporated into the EEA Agreement. Where equivalent supervision by authorities of the United Kingdom is required under applicable law, that requirement is met after incorporation of a respective equivalence decision of the European Commission into the EEA Agreement and for the time of the validity of that decision.
Schedule of the United Kingdom
List of reservations:
Reservation No. 1 – All sectors
Reservation No. 2 – Professional services (legal services; auditing services)
Reservation No. 3 – Professional services (health related and retail of pharmaceuticals)
Reservation No. 4 – Business services (collection agency services and credit reporting services)
Reservation No. 5 – Business services (placement services)
Reservation No. 6 – Business services (investigation services)
Reservation No. 7 – Business services (other business services)
Reservation No. 8 – Education services
Reservation No. 9 – Financial services
Reservation No. 10 – Health and social services
Reservation No. 11 – Recreational, cultural and sporting services
Reservation No. 12 – Transport services and auxiliary transport services
Reservation No. 13 – Fishing and water
Reservation No. 14 – Energy related activities
Reservation No. 15 – Other services not included elsewhere
Reservation No. 1 – All sectors
Sector: All sectors
Type of reservation:
Market Access
Local Presence
National Treatment
Most-Favoured-Nation Treatment
Senior Management and Boards of Directors
Performance Requirements
Obligations for Legal Services
Section:
Investment Liberalisation, Cross-Border Trade in Services and Regulatory Framework – Legal Services
Description:
The United Kingdom reserves the right to adopt or maintain any measure with respect to the following:
(a) Commercial presence
With respect to Investment Liberalisation – 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 reservation does not apply to telecommunications and to computer and related services.
(b) Most-Favoured-Nation treatment
With respect to Investment Liberalisation – Most-Favoured-Nation Treatment, Cross-Border Trade in Services – Most-Favoured-Nation Treatment and Legal Services – Obligations:
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 establishment 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 United Kingdom and any of the following countries or principalities: Andorra, Monaco, San Marino and the Vatican City State.
(c) Arms, ammunitions and war material
With respect to Investment Liberalisation – Market Access, National Treatment, Most-Favoured-Nation Treatment, Senior Management and Boards of Directors, Performance Requirements and Cross-Border Trade in Services – Market Access, Local Presence, National Treatment, Most-Favoured-Nation Treatment:
Production or distribution of, or trade in, arms, ammunitions 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) Residential property
With respect to Investment Liberalisation – National Treatment, Performance Requirements and Cross-Border Trade in Services – National Treatment:
Any taxation measure with respect to the sale, purchase or transfer of residential property (including interests that arise via leases, financing and profit-sharing arrangements, and acquisition of interests in enterprises that own residential property).
Reservation No. 2 – Professional services (Legal services; auditing services)
Sector – sub- sector: Professional services – legal services, auditing services
Industry classification: Part of CPC 861, part of 87902, part of 862
Type of reservation:
Market Access
Senior Management and Boards of Directors
Local Presence
National Treatment
Obligations for Legal Services
Section:
Investment Liberalisation, Cross-Border Trade in Services and Regulatory Framework – Legal Services
Description:
(a) Legal services
With respect to Investment Liberalisation – Market Access, Senior Management and Boards of Directors, National Treatment and Cross-Border Trade in Services – Market Access, Local Presence, National Treatment and Legal Services – Obligations:
The United Kingdom 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 (part of CPC 861, part of 87902).
(b) Auditing services (CPC 86211, 86212 other than accounting and bookkeeping services)
With respect to Cross-Border Trade in Services – Market Access, Local Presence, National Treatment:
The United Kingdom reserves the right to adopt or maintain any measure with respect to the cross-border supply of auditing services.
Existing measures:
Companies Act 2006
Reservation No. 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, 93121
Type of reservation:
Market Access
Local Presence
National Treatment
Section:
Investment Liberalisation and Cross-Border Trade in Services
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 Liberalisation – 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, Local Presence, National Treatment:
The United Kingdom 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 Liberalisation – Market Access and Cross-Border Trade in Services – Market Access, National Treatment, Local Presence:
The United Kingdom 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 United Kingdom is required for the retail of pharmaceuticals and specific medical goods to the general public in the United Kingdom.
Reservation No. 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
Type of reservation:
Market Access
Local Presence
National Treatment
Section:
Cross-Border Trade in Services
Description:
The United Kingdom reserves the right to adopt or maintain any measure with respect to the supply of collection agency services and credit reporting services.
Reservation No. 5 – Business services (placement services)
Sector – sub-sector: Business Services – placement services
Industry classification:
CPC 87202, 87204, 87205, 87206, 87209
Type of reservation:
Market Access
National Treatment
Senior Management and Boards of Directors
Local Presence
Section:
Investment Liberalisation and Cross-Border Trade in Services
Description:
The United Kingdom reserves the right to adopt or maintain any measure with respect to the following:
The supply of placement services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).
To require establishment and to prohibit the cross-border supply of placement services of office support personnel and other workers.
Reservation No. 6 – Business services (investigation services)