7 â Communication services
8 â Construction services
9 â Distribution services
10 â Education services
EU/NZ/Annex 10-A/en 13
11.
12.
13.
14.
15.
16.
17.
18.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
Reservation No.
11 â Environmental services
12 â Financial services
13 â Health services and social services
14 â Tourism and travel-related services
15 â Recreational, cultural and sporting services
16 â Transport services and services auxiliary to transport services
17 â Mining and energy-related activities
18 â Agriculture, fishing and manufacturing
EU/NZ/Annex 10-A/en 14
Reservation No. 1 â All sectors
Sector:
Obligations concerned:
Chapter Chapter: Level of Government:
All sectors
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Local presence
Trade in services and investment
EU / Member State (unless otherwise specified)
EU/NZ/Annex 10-A/en 15
Description:
(a)
Type of establishment
With respect to Investment liberalisation â National treatment:
The EU: Treatment granted pursuant to the TFEU to juridical persons formed in accordance with the law of the Union or of a Member State and having their registered office, central administration or principal place of business within the Union, including those established in the Union by investors of New Zealand, is not accorded to juridical persons established outside the Union, nor to branches or representative offices of such juridical persons,
including to branches or representative offices of juridical persons of New Zealand.
Treatment less favourable may be accorded to juridical persons formed in accordance with the law of the Union or of a Member State which have only their registered office in the Union, unless it can be shown that they possess an effective and continuous link with the economy of
one of the Member States.
EU/NZ/Annex 10-A/en 16
Measures:
EU: TFEU
With respect to Investment liberalisation â Market access, National treatment, Senior
management and boards of directors:
This reservation applies only to health, social or education services:
The EU (applies also to the regional level of government): Any Member State, when selling or disposing of its equity interests in, or the assets of, an existing state enterprise or an existing governmental entity providing health, social or education services (CPC 93, 92), may prohibit or impose limitations on the ownership of such interests or assets, or restrict the ability of owners of such interests and assets to control any resulting enterprise, with respect to investors of New Zealand or their enterprises. With respect to such a sale or other disposition, any Member State may adopt or maintain any measure relating to the nationality of senior management or members of the boards of directors, as well as any measure limiting
the number of suppliers.
EU/NZ/Annex 10-A/en 17
For the purposes of this reservation:
(i) any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of the sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets or imposes nationality requirements or imposes limitations on the numbers of suppliers as described in this reservation shall be deemed
to be an existing measure; and
Gi) âstate enterprise" means an enterprise owned or controlled through ownership interests by any Member State and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity.
Measures:
EU: As set out in the description element as indicated above.
With respect to Investment liberalisation â National treatment:
In AT: For the operation of a branch, non-European Economic Area (hereinafter referred to as
"non-EEA") corporations must appoint at least one person responsible for its representation
who is resident in Austria. Executives (managing directors, natural persons) responsible for
the observance of the Austrian Trade Act (Gewerbeordnung) must be domiciled in Austria.
EU/NZ/Annex 10-A/en 18
In BG: Foreign juridical persons, unless established under the legislation of a Member State of the European Economic Area (hereinafter referred to as "EEA"), may conduct business and pursue activities if established in the Republic of Bulgaria in the form of a company registered in the Commercial Register. Establishment of branches is subject to authorisation. Representative offices of foreign enterprises must be registered with the Bulgarian Chamber of Commerce and Industry and may not engage in economic activity but are only entitled to
act as representatives or agents for their owner and may not supply services.
In EE: If the residence of at least half of the members of the management board of a private limited company, a public limited company or the branch of a foreign company is not in Estonia, in another Member State of the EEA or in the Swiss Confederation, the private limited company, the public limited company or the branch of the foreign company shall designate a point of contact whose Estonian address can be used for the delivery of the procedural documents of the undertaking and the declarations of intent addressed to the undertaking (i.e. the branch of a foreign company).
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â Local presence:
In FE At least one of the partners in a general partnership or of general partners in a limited partnership must have residency in the EEA or, if the partner is a juridical person, be domiciled (no branches allowed) in the EEA. Exemptions may be granted by the registration authority.
EU/NZ/Annex 10-A/en 19
To carry on trade as a private entrepreneur, residency in the EEA is required.
If a foreign organisation from a country outside the EEA intends to carry on a business or
trade by establishing a branch in Finland, a trade permit is required.
Residency in the EEA is required for at least one of the ordinary and one of the deputy members of the board of directors and for the managing director of a company. Company
exemptions may be granted by the registration authority.
In SE: A foreign company which has not established a legal entity in Sweden or is conducting its business through a commercial agent shall conduct its commercial operations through a branch, registered in Sweden, with independent management and separate accounts. The managing director and the vice-managing director, if appointed, of the branch, must reside in the EEA. A natural person not resident in the EEA, who conducts commercial operations in Sweden, shall appoint and register a resident representative responsible for the operations in Sweden. Separate accounts shall be kept for the operations in Sweden. The competent authority may in individual cases grant exemptions from the branch and residency requirements. Building projects with duration of less than a year, conducted by a company located or a natural person residing outside the EEA, are exempted from the requirements of
establishing a branch or appointing a resident representative.
EU/NZ/Annex 10-A/en 20
For limited liability companies and co-operative economic associations, at least 50 % of the members of a board of directors, at least 50 % of the deputy board members, the managing director, the vice-managing director, and at least one of the persons authorised to sign for the company, if any, must reside within the EEA. The competent authority may grant exemptions from this requirement. If none of the companyâs or society's representatives reside in Sweden, the board must appoint and register a person resident in Sweden, who has been authorised to
receive servings on behalf of the company or society.
Corresponding conditions prevail for establishment of all other types of legal entities.
In SK: A foreign natural person whose name is to be registered in the appropriate register
(commercial register, entrepreneurial or other professional register) as a person authorised to
act on behalf of an entrepreneur is required to submit a residence permit for Slovakia.
Measures:
AT: Aktiengesetz, BGBI. Nr. 98/1965, § 254 (2);
GmbH-Gesetz, RGBI1. Nr. 58/1906, § 107 (2); and
Gewerbeordnung, BGBI. Nr. 194/1994, § 39 (2a).
EU/NZ/Annex 10-A/en 21
BG: Commercial Law, Article 17a; and
Law for Encouragement of Investments, Article 24.
EE: Ariseadustik (Commercial Code) § 631 (1, 2 and 4).
FI: Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919), s. 1;
Osuuskuntalaki (Co-Operatives Act) 1488/2001;
Osakeyhtidlaki (Limited Liabilities Company Act) (624/2006); and
Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007).
SE: Lag om utlandska filialer m.m (Foreign Branch Offices Act) (1992:160);
Aktiebolagslagen (Companies Act) (2005:551);
The Co-operative Economic Associations Act (2018:672); and Act on European Economic Interest Groupings (1994:1927).
EU/NZ/Annex 10-A/en 22
SK: Act 513/1991 on Commercial Code (Article 21); Act 455/1991 on Trade Licensing; and Act no 404/2011 on Residence of Aliens (Articles 22 and 32).
With respect to Investment liberalisation â Market access, National treatment, Performance
requirements:
In BG: Established enterprises may employ third-country nationals only for positions for which there is no requirement for Bulgarian nationality. The total number of third-country nationals employed by an established enterprise over a period of the preceding 12 months must not exceed 20 % (35 % for SMEs) of the average number of Bulgarian nationals, nationals of other Member States, of states parties to the Agreement on the EEA or of the Swiss Confederation hired on an employment contract. In addition, the employer must demonstrate that there is no suitable Bulgarian, EU, EEA or Swiss worker for the respective
position by conducting a labour market test before employing a third country national.
For highly qualified, seasonal and posted workers, as well as for intra-corporate transferees, researchers and students there is no limitation on the number of third-country nationals working for a single enterprise. For the employment of third-country nationals in these
categories, no labour market test is required.
EU/NZ/Annex 10-A/en 23
Measures:
BG: Labour Migration and Labour Mobility Act.
With respect to Investment liberalisation â Market access, National treatment:
In PL: The scope of operations of a representative office may only encompass advertising and promotion of the foreign parent company represented by the office. For all sectors except legal services, establishment by non-Union investors and their enterprises may only be in the form of a limited partnership, limited joint-stock partnership, limited liability company, and joint-stock company, while domestic investors and enterprises also have access to the forms of non-commercial partnership companies (general partnership and unlimited liability partnership).
Measures:
PL: Act of 6 March 2018 on rules regarding economic activity of foreign entrepreneurs and
other foreign persons in the territory of the Republic of Poland.
EU/NZ/Annex 10-A/en 24
(b)
Acquisition of real estate
With respect to Investment liberalisation â National treatment:
In AT (applies to the regional level of government): The acquisition, purchase and rental or leasing of real estate by non-Union natural persons and enterprises requires authorisation by the competent regional authorities (Lander). Authorisation will only be granted if the acquisition is considered to be in the public (in particular economic, social and cultural)
interest.
In CY: Cypriots or persons of Cypriot origin, as well as nationals of a Member State, may acquire any property in Cyprus without restrictions. A foreigner may not acquire, otherwise than mortis causa, any immovable property without obtaining a permit from the Council of Ministers. For foreigners, where the acquisition of immovable property exceeds the extent necessary for the erection of premises for a house or professional roof, or otherwise exceeds the extent of two donums (2 676 square meters), any permit granted by the Council of Ministers shall be subject to such terms, limitations, conditions and criteria which are set by Regulations made by the Council of Ministers and approved by the House of Representatives. A foreigner is any person who is not a citizen of the Republic of Cyprus, including a foreign- controlled company. The term does not include foreigners of Cypriot origin or non-Cypriot
spouses of citizens of the Republic of Cyprus.
EU/NZ/Annex 10-A/en 25
In CZ: Specific rules apply to agricultural land under state ownership. State agricultural land may be acquired only by Czech nationals, nationals of another Member State, or States party to the Agreement on the EEA or the Swiss Confederation. Juridical persons may acquire state agricultural land from the state only if they are agricultural entrepreneurs in the Czechia or persons with similar status in other Member States of the European Union, or States party to
the Agreement on the EEA or the Swiss Confederation.
In DK: Natural persons who are not resident in Denmark, and who have not previously been resident in Denmark for a total period of five years, must in accordance with the Danish Acquisition Act obtain permission from the Ministry of Justice to acquire title to real property in Denmark. This also applies for juridical persons that are not registered in Denmark. For natural persons, acquisition of real property will be permitted if the applicant is going to use the real property as their primary residence.
For juridical persons that are not registered in Denmark, acquisition of real property will in general be permitted, if the acquisition is a prerequisite for the business activities of the purchaser. Permission is also required if the applicant is going to use the real property as a secondary dwelling. Such permission will only be granted if, following an overall and
concrete assessment, the applicant is regarded to have particularly strong ties to Denmark.
EU/NZ/Annex 10-A/en 26
Permission under the Acquisition Act is only granted for the acquisition of specific real property. The acquisition of agricultural land is in addition governed by the Danish Agricultural Holdings Act, which imposes restrictions on all persons, Danish or foreign, when acquiring agricultural property. Accordingly, any person who wishes to acquire agricultural real property, must fulfil the requirements in that Act. This generally means a limited residence requirement on the agricultural holding applies. The residence requirement is not personal. Juridical entities must be of the types listed in §20 and §21 of the Agricultural Holdings Act and must be registered in the Union or EEA.
In EE: A juridical person from an OECD Member country has the right to acquire immovable property which contains:
(i) less than 10 hectares of agricultural land, forest land or agricultural and forest land in
total without restrictions;
(ii) 10 hectares or more of agricultural land if the juridical person has been engaged, for three years immediately preceding the year of making the transaction of acquisition of immovable property, in production of agricultural products listed in Annex I to the TFEU, except fishery products and cotton (hereinafter referred to as "agricultural products");
EU/NZ/Annex 10-A/en 27
Gii) 10 hectares or more of forest land if the juridical person has been engaged, for three years immediately preceding the year of making the transaction of acquisition of immovable property, in forest management within the meaning of the Forest Act (hereinafter referred to as "forest management") or production of agricultural products;
and
(iv) less than 10 hectares of agricultural land and less than 10 hectares of forest land, but 10 hectares or more of agricultural and forest land in total, if the juridical person has been engaged, for three years immediately preceding the year of making the transaction of acquisition of immovable property, in the production of agricultural products or
forest management.