(v)
The EU: To accord differential treatment to a country pursuant to an existing or future bilateral agreement relating to international road haulage (including combined
transport â road or rail) and passenger transport, concluded between the Union or the Member States and a third country (CPC 7111, 7112, 7121, 7122, 7123). That treatment
may:
(A) _ reserve or limit the supply of the relevant transport services between the contracting Parties or across the territory of the contracting Parties to vehicles
registered in each contracting Party; or (B) provide for tax exemptions for such vehicles. Road transport In BG: Measures taken under an existing or future agreement, which reserve or restrict the supply of these kinds of transportation services and specify the terms and conditions
of this supply, including transit permits or preferential road taxes, in the territory of Bulgaria or across the borders of Bulgaria (CPC 7121, 7122, 7123).
With regard to Austria the part of the most-favoured-nation treatment exemption regarding traffic rights covers all countries with whom bilateral agreements on road transport or other arrangements relating to road transport exist or may be considered in future.
EU/NZ/Annex 10-B/en 136
In CZ: Measures taken under an existing or future agreement, and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of the Czechia to the contracting parties concerned (CPC 7121, 7122, 7123).
In ES: Authorisation for the establishment of a commercial presence in Spain may be refused to a service supplier whose country of origin does not accord effective market
access to service suppliers of Spain (CPC 7123).
Existing measures:
ES: Ley 16/1987, de 30 de julio, de Ordenacién de los Transportes Terrestres.
In HR: Measures applied under an existing or future agreement on international road transport and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of Croatia to the parties concerned (CPC 7121, 7122, 7123).
In LT: Measures taken under a bilateral agreement and which set the provisions for transport services and specify operating conditions, including bilateral transit and other transport permits for transport services into, through and out of the territory of Lithuania to the contracting parties concerned, and road taxes and levies (CPC 7121, 7122, 7123).
EU/NZ/Annex 10-B/en 137
In SK: Measures taken under an existing or future agreement, and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of the Slovak Republic to the contracting parties concerned (CPC 7121, 7122, 7123).
G@) Rail transport In BG, CZ and SK: For existing or future agreements, and which regulate traffic rights and operating conditions, and the supply of transport services in the territory of Bulgaria, the Czechia and Slovakia and between the countries concerned. (CPC 7111, 7112).
Gi) Air transport â Services auxiliary to air transport
The EU: According differential treatment to a third country pursuant to an existing or future bilateral agreement relating to ground-handling services.
EU/NZ/Annex 10-B/en 138
Gii) Road and rail transport
(iv)
In EE: when according differential treatment to a country pursuant to an existing or future bilateral agreement on international road transport (including combined transport- road or rail), reserving or limiting the supply of a transport services into, in, across and out of Estonia to the contracting Parties to vehicles registered in each contracting Party, and providing for tax exemption for such vehicles (part of CPC 711, part of 712,
part of 721).
All passenger and freight transport services other than maritime and air transport
In PL: In so far as New Zealand allows the supply of transport services into and across the territory of New Zealand by passenger and freight transport suppliers of Poland, Poland will allow the supply of transport services by passenger and freight transport suppliers of New Zealand into and across the territory of Poland under the same
conditions.
EU/NZ/Annex 10-B/en 139
Reservation No. 21 â Agriculture, fishing and water
Sector:
Industry classification:
Obligations concerned:
Chapter Chapter:
Agriculture, hunting, forestry; fishing, aquaculture, services incidental to fishing; collection, purification and distribution of water
ISIC Rev. 3.1 011, ISIC Rev. 3.1 012, ISIC Rev. 3.1 013,
ISIC Rev. 3.1 014, ISIC Rev. 3.1 015, CPC 8811, 8812, 8813 other
than advisory and consultancy services; ISIC Rev. 3.1 0501, 0502,
CPC 882
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Local presence
Trade in services and investment
EU/NZ/Annex 10-B/en 140
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Agriculture, hunting and forestry With respect to Investment liberalisation â Market access, National treatment: In BG: Business activities pertinent to the stewardship of wooded areas, timber harvesting, inventorying of wooded areas, the development of plans and programmes for management and spatial development of wooded areas, as well as the issuance of the relevant documents, shall be carried out by merchant entities listed in a public register with the Executive Forest Agency and holding a certificate of registration. Existing measures:
BG: Article 241, Law on Forests; and
25. And 36 (a) of Law on Hunting and Game Protection.EU/NZ/Annex 10-B/en 141
(b)
In HR: Agricultural and hunting activities.
In HU: Agricultural activities (SIC Rev. 3.1 011, 3.1 012, 3.1 013, 3.1 014, 3.1 015, CPC 8811, 8812, 8813 other than advisory and consultancy services).
Existing measures:
HR: Agricultural Land Act (OG 20/18, 115/18, 98/19).
Fishing, aquaculture and services incidental to fishing (ISIC Rev. 3.1 0501, 0502, CPC 882)
With respect to Investment liberalisation â Market access, National treatment, Senior
management and boards of directors, Performance requirements, Most-favoured-nation
treatment and Cross-border trade in services â Market access, National treatment, Local
presence, Most-favoured-nation treatment:
EU/NZ/Annex 10-B/en 142
The EU:
1. âIn particular within the framework of the Common Fisheries Policy, and of fishing agreements with a third country, access to and use of the biological resources and fishing grounds situated in maritime waters coming under the sovereignty or the jurisdiction of a Member State or entitlements for fishing under a Member State fishing
licence, including:
(a) regulating the landing of catches by vessels flying the flag of New Zealand or a third country with respect to the quotas allocated to them or, only with respect to vessels flying the flag of a Member State, requiring that a proportion of the total
catch is landed in Union ports;
(b) determining a minimum size for a company in order to preserve both artisanal and
coastal fishing vessels;
(c) according differential treatment pursuant to an existing or future bilateral
agreement relating to fisheries; and
(d) requiring the crew of a vessel flying the flag of a Member State to be nationals of Member States.
EU/NZ/Annex 10-B/en 143
A fishing vessel is only entitled to fly the flag of a Member State if:
(a) it is wholly owned by:
@) acompany incorporated in the Union; or
(ii) a Member State national;
(b) its day-to-day operations are directed and controlled from within the Union; and
(c) any charterer, manager or operator of the vessel is a company incorporated in the
Union or a national of a Member State.
A commercial fishing licence granting the right to fish in the territorial waters of a Member State may only be granted to vessels flying the flag of a Member State.
The establishment of marine or inland aquaculture facilities.
EU/NZ/Annex 10-B/en 144
5. Points (a), (b), (c) (other than with respect to most-favoured-nation treatment) and (d) of paragraph 1; point (a)(i), point (b) and (c) of paragraph 2, and paragraph 3 only apply to measures which are applicable to vessels or to enterprises irrespective of the nationality
of their beneficial owners.
With respect to Investment liberalisation â Market access, National treatment, Most-favoured
nation treatment and Cross-border trade in services â Market access, National treatment:
In BG: Only vessels flying the flag of Bulgaria may take marine or river-living biological resources in the internal marine waters and the territorial sea of Bulgaria. A foreign ship (third-country vessel) may not engage in commercial fishing in the exclusive economic zone of Bulgaria except on the basis of an agreement between Bulgaria and the flag state. While passing through the exclusive economic zone, foreign fishing ships may not maintain their
fishing gear in operational mode.
Existing measures:
BG: Article 49, Law on the maritime spaces, inland waterways and ports of the Republic of
Bulgaria.
In FR: Nationals of non-Union countries may not farm fish, shellfish or algae on French
maritime State property.
EU/NZ/Annex 10-B/en 145
(c) Collection, purification and distribution of water
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â Market access, National treatment, Local presence: The EU: For activities, including services relating to the collection, purification and
distribution of water to household, industrial, commercial or other users, including the supply
of drinking water and water management.
EU/NZ/Annex 10-B/en 146
Reservation No. 22 â Mining and energy-related activities
Sector:
Industry classification:
Obligations concerned:
Chapter Chapter:
Mining and quarrying â energy producing materials; mining and quarrying â metal ores and other mining; Energy-related activities â production, transmission and distribution on own account of electricity, gas, steam and hot water; pipeline transportation of fuels; storage and warehouse of fuels transported through pipelines; and services incidental to energy distribution
ISIC Rev. 3.1 10, 1110, 12, 120, 1200, 13, 14, 232, 233, 2330, 40, 401, 4010, 402, 4020, part of 4030, CPC 613, 62271, 63297, 7131, 71310, 742, 7422, part of 88, 887.
Market access
National treatment
Performance requirements
Senior management and boards of directors
Local presence
Trade in services and investment
EU/NZ/Annex 10-B/en 147
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a)
Mining and Energy activities â general (ISIC Rev. 3.1 10, 1110, 13, 14, 232, 40, 401, 402, part of 403, 41; CPC 613, 62271, 63297, 7131, 742, 7422, 887 (other than advisory and
consulting services))
With respect to Investment liberalisation â Market access, National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in
services â Market access, National treatment, Local presence:
The EU: Where a Member State permits foreign ownership of a gas or electricity transmission system, or an oil and gas pipeline transport system, with respect to enterprises of
New Zealand controlled by persons of a third country which accounts for more than 5 % of the Union's oil, natural gas or electricity imports, in order to guarantee the security of the energy supply of the Union as a whole, or of an individual Member State. This reservation does not apply to advisory and consultancy services provided as services incidental to energy distribution.
EU/NZ/Annex 10-B/en 148
This reservation does not apply to HR, HU and LT (for LT, only CPC 7131) with regard to the pipeline transport of fuels, nor to LV with regard to services incidental to energy distribution, nor to SI with regard to services incidental to the distribution of gas
CISIC Rev. 3.1 401, 402, CPC 7131, 887 other than advisory and consultancy services).
In CY: For the manufacture of refined petroleum products in so far as the investor is controlled by a person of a third country which accounts for more than 5 % of the Union's oil or natural gas imports, as well as to the manufacture of gas, distribution of gaseous fuels through mains on own account, the production, transmission and distribution of electricity, the pipeline transportation of fuels, services incidental to electricity and natural gas distribution other than advisory and consulting services, wholesale services of electricity, retailing services of motor fuel, electricity and non-bottled gas (ISIC Rev. 3.1 232, 4010, 4020,
CPC 613, 62271, 63297, 7131, and 887 other than advisory and consulting services).
In FI: Transmission and distribution networks and systems of energy and of steam and hot water. Quantitative restrictions in the form of monopolies or exclusive rights for the importation of natural gas, and for the production and distribution of steam and hot water. Currently, natural monopolies and exclusive rights exist (ISIC Rev. 3.1 40, CPC 7131, 887
other than advisory and consultancy services).
In FR: Electricity and gas transmission systems and oil and gas pipeline transport (CPC 7131).
EU/NZ/Annex 10-B/en 149
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, Local presence:
In BE: Energy distribution services, and services incidental to energy distribution (CPC 887
other than consultancy services).
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â National treatment, Local presence:
In BE: For energy transmission services, regarding the types of legal entities and the treatment of public or private operators to whom Belgium has conferred exclusive rights. Establishment is required within the Union (ISIC Rev. 3.1 4010, CPC 71310).
In BG: For services incidental to energy distribution (part of CPC 88).
In PT: For the production, transmission and distribution of electricity, the manufacturing of gas, the pipeline transportation of fuels, wholesale services of electricity, retailing services of electricity and non-bottled gas, and services incidental to electricity and natural gas distribution. Concessions for electricity and gas sectors are assigned only to limited companies with their headquarters and effective management in Portugal (ISIC Rev. 3.1 232, 4010, 4020, CPC 7131, 7422, 887 other than advisory and consulting services).
EU/NZ/Annex 10-B/en 150
In SK: Authorisation is required for the production, transmission and distribution of electricity, manufacture of gas and distribution of gaseous fuels, production and distribution of steam and hot water, pipeline transportation of fuels, wholesale and retail of electricity, steam and hot water, and services incidental to energy distribution, including services in the areas of energy efficiency, energy savings and energy audit. An economic needs test is applied and the application may be denied only if the market is saturated. For all those activities, an authorisation may only be granted to a natural person with permanent residency in the EFA or a juridical person of the EEA.
With respect to Investment liberalisation â Market access, National treatment, Local presence:
In BE: With the exception of the mining of metal ores and other mining and quarrying, enterprises controlled by natural or juridical persons of a third country which accounts for more than 5 % of the Union's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity. Incorporation is required (no branches) (ISIC Rev. 3.1 10, 1110, 13, 14, 232, part of 4010, part of 4020, part of 4030).
EU/NZ/Annex 10-B/en 151
Existing measures: