10.5. Market Access) or 10.14 (Market Access);
10.6. National Treatment) or 10.16 (National Treatment);
10.7. Most-favoured-nation Treatment) or 10.17 (Most-favoured-nation Treatment);
10.8. Senior Management and Boards of Directors);
10.9. Performance Requirements); or
10.15. Local Presence).EU/NZ/Annex 10-a/en 1
2.
The reservations of a Party are without prejudice to the rights and obligations of the Parties
under GATS.
3. Each entry sets out the following elements:
(a) "sector" refers to the general sector in which the entry is made;
(b) "sub-sector" refers to the specific sector in which the entry is made;
(c) âindustry classification" refers, where applicable, to the activity covered by the entry according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in that entry;
(d) âobligations concerned" specifies the obligation referred to in paragraph 1 for which an entry is made;
(e) âlevel of government" indicates the level of government maintaining the listed measure;
EU/NZ/Annex 10-A/en 2
(f) "measures" identifies the law, regulation or other measure for which the entry is made.
A "measure" cited in the "measures" element:
(i) _ means the measure as amended, continued or renewed as of the date of entry into force
of this Agreement;
Gi) includes any subordinate measure adopted or maintained under the authority of and
consistent with the measure; and
Gii) in respect of the schedule of the Union, includes any law, regulation or other measure
which implements a directive at Member State level; and
(g) "description" sets out the non-conforming aspects of the existing measure for which the entry
is made.
4. In the interpretation of an entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant obligations of the Sections or Sub-Sections against which the entry is made. In the event of an inconsistency between the "measures" element and the other
elements of an entry, the "measures" element shall prevail.
EU/NZ/Annex 10-A/en 3
5. For the purposes of the schedules of New Zealand and the Union:
(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 the schedules of New Zealand and the Union, an entry for a requirement to have a local presence in the territory of the Union or New Zealand is made against Article 10.15 (Local presence), and not against Article 10.14 (Market access) or 10.16 (National treatment). Furthermore, such a requirement is not made as an entry against Article 10.56 (Access to major
suppliersâ essential facilities).
EU/NZ/Annex 10-A/en 4
7. An entry made at the level of the Union applies to a measure of the Union, to a measure of a Member State at the central level or to a measure of a government within a Member State, unless the entry excludes a Member State. An entry for a Member State applies to a measure of a government at the central, regional or local level within that Member State. For the purposes of the entries of Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers. For the purposes of the entries of the Union and the Member States, a regional level of government in Finland means the Aland Islands. An entry made at the level of New Zealand applies
to a measure of the central government or a local government.
8. The list of entries in this Annex does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures where they do not constitute a limitation within the meaning of Article 10.5 (Market access), 10.6 (National treatment), 10.14 (Market access), Article 10.15 (Local presence) or 10.16 (National treatment). Such measures may include the need to obtain a licence, to satisfy a universal service obligation, to have a recognised qualification in a regulated sector, to pass a specific examination, including a language examination, to fulfil a membership requirement of a particular profession, such as membership of a professional organisation, to have a local agent for service, or to maintain a local address, or any other non-discriminatory requirements that certain activities may not be
carried out in protected zones or areas. While not listed, such measures continue to apply.
EU/NZ/Annex 10-A/en 5
9. For greater certainty, for the Union, the obligation to grant national treatment does not entail the requirement to extend to persons of New Zealand the treatment granted in a Member State, in the application of the TFEU, or any measure adopted pursuant to TFEU, including its implementation in the Member States, to:
(a) natural persons or residents of another Member State; or
(b) juridical persons constituted or organised under the law of another Member State or of the Union and having their registered office, central administration or principal place of business
in the Union.
10. Treatment granted to juridical persons established by investors of a Party in accordance with the law of the other Party (including, in the case of the Union, the law of a Member State) and having their registered office, central administration or principal place of business within that other Party, is without prejudice to any condition or obligation, consistent with Section B (Investment liberalisation) of Chapter 10 (Trade in services and investment), which may have been imposed on
such juridical person when it was established in that other Party, and which shall continue to apply.
EU/NZ/Annex 10-A/en 6
11. The schedules of New Zealand and the Union apply only to the territories of New Zealand and the Union in accordance with Article 1.4 (Territorial application) and are only relevant in the context of trade relations between the Union, the Member States and New Zealand. They do not affect the rights and obligations of the Member States under Union law.
12. For greater certainty, non-discriminatory measures do not constitute a limitation within the
meaning of Article 10.5 (Market access) or Article 10.14 (Market access) 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 a limitation on the availability, number and scope of concessions granted, and the
imposition of a moratorium or ban;
EU/NZ/Annex 10-A/en 7
(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.
13. 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,
(b)
(c)
installation, implementation, integration, testing, debugging, updating, support, technical
assistance or management of or for computers or computer systems;
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;
data processing, data storage, data hosting or database services;
EU/NZ/Annex 10-A/en 8
(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
points (a) to (e), shall not be regarded as computer and related services in themselves.
14, With respect to financial services, unlike foreign subsidiaries, branches established directly in a Member State by a non-Union financial institution are not, with certain limited exceptions, subject to prudential regulations harmonised at Union level which enable such subsidiaries to benefit from enhanced facilities to set up new establishments and to provide cross-border services throughout the Union. Therefore, such branches receive an authorisation to operate in the territory of a Member State under conditions equivalent to those applied to domestic financial institutions of that Member State, 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 Member State concerned of the assets representing the technical reserves and at least one third of the solvency
margin.
EU/NZ/Annex 10-A/en 9
15. With respect to Article 10.5 (Market access), juridical persons supplying financial services and constituted under the law of New Zealand or the law of the Union or of at least one of the Member States, are subject to non-discriminatory limitations on legal form.1
16. The following abbreviations are used in the list of reservations in this Annex:
EU Union, including the Member States
AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czechia
DE Germany
1 For example, partnerships and sole proprietorships are generally not acceptable legal forms for financial institutions in New Zealand and the Union. This headnote is not in itself intended to affect, or otherwise limit, a choice by a financial institution of the other Party between branches or subsidiaries.
EU/NZ/Annex 10-A/en 10
DK
EE
EL
ES
FI
FR
LT
LU
Denmark
Estonia
Greece
Spain
Finland
France
Croatia
Hungary
Treland
Italy
Lithuania
Luxembourg
EU/NZ/Annex 10-A/en 11
LV
MT
PL
PT
RO
SE
SI
SK
Latvia
Malta
The Netherlands
Poland
Portugal
Romania
Sweden
Slovenia
Slovak Republic
EU/NZ/Annex 10-A/en 12
Schedule of the Union
1.
10.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
1â- All sectors
2 â Professional services (except health-related professions)
3 â Professional services (health-related and retail of pharmaceuticals)
4 â Research and development services
5 â Real estate services
6 â Business services