(b) impose specific conditions in order to guarantee the public interest; or
(c) reject an acquisition in exceptional cases of risk to the essential interests of the State.
The criteria on which to evaluate the real or exceptional threat and conditions and procedures
for the exercise of the special powers are laid down in the law.
EU/NZ/Annex 10-B/en 19
Existing measures:
IT: Law 56/2012 on special powers in companies operating in the field of defence and
national security, energy, transport and communications; and
Decree of the Prime Minister DPCM 253 of 30.11.2012 defining the activities of strategic
importance in the field of defence and national security.
With respect to Investment liberalisation â Market access, National treatment, Most-favoured-
nation treatment, Performance requirements, Senior management and boards of directors:
In LT: Enterprises, sectors, zones, assets and facilities of strategic importance to national
security.
Existing measures:
LT: Law on the Protection of Objects of Importance to Ensuring National Security of the
Republic of Lithuania of 10 October 2002 No. [X-1132 (as last amended on 17 September 2020, No XIII-3284).
EU/NZ/Annex 10-B/en 20
(b)
With respect to Investment liberalisation â National treatment, Senior management and boards of directors:
In SE: Discriminatory requirements for founders, senior management and boards of directors
when new forms of legal association are incorporated into Swedish law.
Acquisition of real estate
With respect to Investment liberalisation â Market access, National treatment, Senior
management and boards of directors:
In HU: The acquisition of state-owned properties.
With respect to Investment liberalisation â Market access, National treatment:
In HU: The acquisition of arable land by foreign juridical persons and non-resident natural
petsons.
EU/NZ/Annex 10-B/en 21
Existing measures:
HU: Act CXXTI of 2013 on the circulation of agricultural and forestry land (Chapter I (Paragraph 6-36) and Chapter IV (Paragraph 38-59)); and
Act CCXII of 2013 on the transitional measures and certain provisions related to Act CXXIL of 2013 on the circulation of agricultural and forestry land (Chapter IV (Paragraph 8-20)).
In LV: The acquisition of rural land by nationals of New Zealand or of a third country.
Existing measures:
LV: Law on land privatisation in rural areas, ss. 28, 29, 30.
In SK: Foreign companies or natural persons may not acquire agricultural and forest land
outside the borders of the built-up area of a municipality and some other land (e.g. natural
resources, lakes, rivers, public roads, etc.).
EU/NZ/Annex 10-B/en 22
Existing measures:
SK: Act No 44/1988 on protection and exploitation of natural resources;
Act No 229/1991 on regulation of the ownership of land and other agricultural property;
Act No 460/1992 Constitution of the Slovak Republic;
Act No 180/1995 on some measures for land ownership arrangements;
Act No 202/1995 on Foreign Exchange;
Act No 503/2003 on restitution of ownership to land;
Act No 326/2005 on Forests; and
Act No 140/2014 on the acquisition of ownership of agricultural land.
EU/NZ/Annex 10-B/en 23
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â Local presence:
In BG: Natural or juridical persons resident or established in Bulgaria for more than five years may acquire ownership of agricultural land. Juridical persons established for less than five years may also acquire ownership of agricultural land if the partners in the company, the members of the association or the founders of the joint-stock company meet the five-year residency requirements. Foreign nationals, as well as foreign juridical persons established in compliance with the legislation of a third state, may acquire the right to own land on the basis of an international agreement, in accordance with Art. 22 of the Constitution of the Republic of Bulgaria, as well as through inheritance under the law. Foreign nationals, as well as foreign juridical persons established in compliance with the legislation of a third state, may acquire the right to own forest territories on the basis of an international agreement, in accordance with Art. 22, Para. 2 of the Constitution of the Republic of Bulgaria, as well as through inheritance under the law (Law on Forests, Art. 23, para 5).
Existing measures:
BG: Constitution of the Republic of Bulgaria, article 22, paragraph 2 and article 23 paragraph 5; and
Law on Forests, article 10.
EU/NZ/Annex 10-B/en 24
In EE: Persons not from the EEA or OECD Member country may acquire an immovable asset which contains agricultural or forest land only with the authorisation of the county governor and municipal council, and must prove as prescribed by law that the immovable asset will,
according to its intended purpose, be used efficiently, sustainably and purposefully.
Existing measures:
EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act) Chapters 2 and 3.
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â Market access, National treatment:
In LT: Any measure which is consistent with the commitments taken by the Union and which are applicable in Lithuania in GATS with respect to land acquisition. The land plot acquisition procedure, terms and conditions, as well as restrictions shall be established by the
Constitutional Law, the Law on Land and the Law on the Acquisition of Agricultural Land.
However, local governments (municipalities) and other national entities of OECD Member countries and North Atlantic Treaty Organization conducting economic activities in Lithuania, which are specified by the constitutional law in compliance with the criteria of the Union and other integration which Lithuania has embarked on, are permitted to acquire non-agricultural land plots required for the construction and operation of buildings and facilities necessary for
their direct activities.
EU/NZ/Annex 10-B/en 25
(c)
Existing measures:
LT: Constitution of the Republic of Lithuania;
The Constitutional Law of the Republic of Lithuania on the Implementation of Paragraph 3 of Article 47 of the Constitution of the Republic of Lithuania of 20 June 1996 No. I-1392, new
redaction 20 March 2003 No IX-1381, last amendment 12 January 2018 No XII-981;
Law on land 26 April 1994 No I-446, new redaction 27 January 2004 No. [X-1983, last amendment 26 June 2020 No XII-3165;
Law on acquisition of agricultural land of 28 January 2003 No IX-1314, new redaction from 1 January 2018 No XIH-801, last amendment 14 May 2020 No XIH-2935; and
Forest Law of 22 November 1994 No I-671, new redaction 10 April 2001 No IX-240, last amendment 25 June 2020 No XIII-3115.
Recognition
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â National treatment:
EU/NZ/Annex 10-B/en 26
(d)
In the EU: The Union directives on mutual recognition of diplomas and other professional qualification only apply to citizens of the Union. The right to practise a regulated professional service in one Member State does not grant the right to practise that professional service in another Member State.
Most-favoured-nation treatment
With respect to Investment liberalisation â Most-favoured-nation treatment and Cross-border
trade in services â Most-favoured-nation treatment: In the EU: According differential treatment to a third country pursuant to any international investment treaties or other trade agreement in force or signed prior to the date of entry into
force of this Agreement.
In the EU: According differential treatment to a third country pursuant to any existing or future bilateral or multilateral agreement which:
(a) creates an internal market in services and investment;
(b) grants the right of establishment; or
(c) requires the approximation of legislation in one or more economic sectors.
EU/NZ/Annex 10-B/en 27
An internal market in 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 bilateral or multilateral agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the bilateral or multilateral agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the party where such establishment takes place.
The approximation of legislation means:
(a) alignment of the legislation of one or more of the parties to the bilateral or multilateral agreement with the legislation of the other Party or parties to that agreement; or
(b) incorporation of common legislation into the law of the parties to the bilateral or
multilateral 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 bilateral or
multilateral agreement.
EU/NZ/Annex 10-B/en 28
Existing measures:
EU: Agreement on the European Economic Area;
Stabilisation Agreements;
EU-Swiss Confederation bilateral agreements; and
Deep and Comprehensive Free Trade Agreements.
In the EU: According differential treatment relating to the right of establishment to nationals or enterprises through existing or future bilateral agreements between the following Member States: BE, DE, DK, EL, ES, FR, IE, IT, LU, NL, PT and any of the following countries or
principalities: Andorra, Monaco, San Marino and the Vatican City State.
In DK, FI, SE: Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic
cooperation, such as:
(a) financial support to R&D projects (the Nordic Industrial Fund);
(b) funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and
EU/NZ/Annex 10-B/en 29
(c) financial assistance to companies utilising environmental technology (the Nordic Environment Finance Corporation (NEFCO)). The purpose of NEFCO is to promote
investments of Nordic environmental interest, with a focus on Eastern Europe.
In PL: Preferential conditions for establishment or the Cross-border supply of services, which may include the elimination or amendment of certain restrictions embodied in the list of reservations applicable in Poland, may be extended through commerce and navigation
treaties.
In PT: Waiving nationality requirements for the exercise of certain activities and professions by natural persons supplying services for countries in which Portuguese is the official language (Angola, Brazil, Cape Verde, Guinea-Bissau, Equatorial Guinea, Mozambique, Sao Tomé & Principe and East Timor).
EU/NZ/Annex 10-B/en 30
(e)
Arms, munition and war material
With respect to Investment liberalisation â Market access, National treatment, Most-favoured- nation treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services â Market access, National treatment, Most-favoured-nation
treatment, Local presence: Tn the EU: 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.
EU/NZ/Annex 10-B/en 31
Reservation No. 2 â Professional services â other than health-related services
Sector:
Industry classification:
Obligations concerned:
Chapter Chapter:
Professional services â legal services: services of notaries and bailiffs; accounting and bookkeeping services; auditing services, taxation advisory services; architecture and urban planning services;
engineering services; and integrated engineering services
Part of CPC 861, part of 87902, 862, 863, 8671, 8672, 8673, 8674, part of 879
Market access
National treatment
Senior management and boards of directors
Most-favoured-nation treatment
Trade in services and investment
EU/NZ/Annex 10-B/en 32
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a)
Legal services
With respect to Investment liberalisation â Market access, National treatment, Senior management and boards of directors and Cross-border trade in services â Market access,
National treatment:
In the EU, with the exception of SE: The supply of legal advisory and legal authorisation, documentation, and certification services provided by legal professionals entrusted with public functions, such as notaries, "huissiers de justice" or other "officiers publics et ministériels", and with respect to services provided by bailiffs who are appointed by an official act of government (part of CPC 861, part of 87902).
With respect to Investment liberalisation â Most-favoured-nation treatment and Cross-border
trade in services â Most-favoured-nation treatment:
EU/NZ/Annex 10-B/en 33