management and boards of directors:
In BG: For the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade therewith, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of those materials and the refuse and waste matter of their processing, to the use of ionising radiation, and with respect to all other services relating to the use of nuclear energy for peaceful purposes
(including engineering and consulting services and services relating to software, etc.).
EU/NZ/Annex 10-B/en 164
With respect to Investment liberalisation â Market access, National treatment:
In FR: The manufacturing, production, processing, generation, distribution or transportation of nuclear material must respect the obligations of the Treaty establishing the European Atomic Energy Community.
Existing measures:
AT: Bundesverfassungsgesetz fiir ein atomfreies Osterreich (Constitutional Act for a Non- nuclear Austria) BGB1. I Nr. 149/1999.
BG: Safe Use of Nuclear Energy Act.
FI: Ydinenergialaki (Nuclear Energy Act) (990/1987).
HU: Act CXVI of 1996 on Nuclear Energy; and
Government Decree Nr. 72/2000 on Nuclear Energy.
SE: The Swedish Environmental Code (1998:808); and
Law on Nuclear Technology Activities (1984:3).
EU/NZ/Annex 10-B/en 165
Reservation No. 23 â Other services not included elsewhere
Sector: Other services not included elsewhere
Industry classification: CPC 9703, part of CPC 612, part of CPC 621, part of CPC 625, part of 85990
Obligations concerned: Market access National treatment
Performance requirements
Senior management and boards of directors
Local presence
Chapter Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 166
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a)
Funeral, cremation services and undertaking services (CPC 9703)
With respect to Investment liberalisation â Market access:
In FI: Cremation services and operation or maintenance of cemeteries and graveyards may only be performed by the state, municipalities, parishes, religious communities or non-profit
foundations or societies.
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 DE: Only juridical persons established under public law may operate a cemetery. The
creation and operation of cemeteries and services related to funerals. In PT: Commercial presence is required to provide funeral and undertaking services. EEA
nationality is required in order to become a technical manager for entities providing funeral and undertaking services.
EU/NZ/Annex 10-B/en 167
(b)
In SE: Church of Sweden or local authority monopoly on cremation and funeral services.
In CY, SE Funeral, cremation and undertaking services.
Existing measures:
FI: Hautaustoimilaki (Act on Burial Service) (457/2003).
PT: Decree-Law 10/2015, of 16 January, alterado p/ Lei 15/2018, 27 marco.
SE: Begravningslag (1990:1144) (Act of Burials); and
Begravningsférordningen (1990:1147) (Ordinance of Burials).
Other business-related services
With respect to Cross-border trade in services â Market access:
In FI: Require establishment in Finland or elsewhere in the EEA in order to provide electronic
identification services.
EU/NZ/Annex 10-B/en 168
(c)
Existing measures:
FI: Laki vahvasta sahkdisesta tunnistamisesta ja sahkGisisté luottamuspalveluista 617/2009 (Act on Strong Electronic Identification and Electronic Trust Services 617/2009).
New 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: For the provision of new services other than those classified in CPC.
EU/NZ/Annex 10-B/en 169
Schedule of New Zealand
Explanatory notes
For greater certainty, the measures that New Zealand may take in accordance with Article 10.64
(Prudential carve-out), provided they meet the requirements of that Article, include those
governing:
(a)
(b)
(c)
(d)
(e)
(f)
licensing, registration or authorisation as a financial institution or Cross-border financial
service supplier, and corresponding requirements;
juridical form, including legal incorporation requirements for systemically important financial institutions, limitations on deposit-taking activities of branches of overseas banks, and corresponding requirements, and requirements pertaining to directors and senior management of a financial institution or Cross-border financial service supplier;
capital, related party exposures, liquidity, disclosure and other risk management requirements; payment, clearance and settlement systems (including securities systems);
anti-money laundering and countering financing of terrorism; and
distress or failure of a financial institution or Cross-border financial service supplier.
EU/NZ/Annex 10-B/en 170
Sector
All sectors
Obligations concerned
National treatment (Article 10.16 and Article 10.6) Most-favoured-nation treatment (Article 10.17)
Local presence (Article 10.15)
Market access (Article 10.14 and Article 10.5) Performance requirements (Article 10.9)
Senior management and boards of directors (Article 10.8)
Description
Cross-border trade in services and investment New Zealand reserves the right to adopt or maintain any measure with respect to: (a) _ the provision of public law enforcement and correctional services; and
(b) the following, to the extent that they are social services established for a
public purpose: (i) childcare; Gi) health;
(ii) income security and insurance; (iv) public education;
(v) _ public housing;
(vi) public training;
(vii) public transport;
(viii) public utilities;
(ix) refuse disposal;
(x) _ sanitation;
(xi) sewage;
(xii) waste water management; (xiii) waste management;
(xiv) social security and insurance; and
(xv) social welfare.
EU/NZ/Annex 10-B/en 171
Sector
Financial services
Obligations concerned
National treatment (Article 10.16 and Article 10.6) Most-favoured-nation treatment (Article 10.17 and Article 10.7) Local presence (Article 10.15)
Performance requirements (Article 10.9)
Senior management and boards of directors (Article 10.8) Market access (Article 10.14 and Article 10.5)
Description
Cross-border trade in services and investment
New Zealand reserves the right to adopt or maintain any measure with respect to the
supply of:
(a) compulsory social insurance for personal injury caused by accident, work related gradual process disease and infection, and treatment injury; and
(b) disaster insurance for residential property for replacement cover up to a defined statutory maximum.
Existing measures
Accident Compensation Act 2001 Earthquake Commission Act 1993
EU/NZ/Annex 10-B/en 172
Sector
Financial services
Obligations | National treatment (Article 10.16) concerned | Market access (Article 10.14 and Article 10.5) Description | Cross-border trade in services
(a) New Zealand reserves the right to adopt or maintain any measures with respect to insurance and insurance-related services, except for:
@
(ii)
iii)
(iv)
insurance of risk relating to:
A.
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maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported; the vehicle transporting the goods; and any liability deriving therefrom; and
goods in international transit;
credit and suretyship;
land vehicles including motor vehicles; fire and natural forces;
other damage to property;
general liability;
miscellaneous financial loss; and
difference in conditions and difference in limits, where the difference in conditions or difference in limits cover is provided under a master policy issued by an insurer to cover risks across multiple jurisdictions;
reinsurance and retrocession as referred to in point (B) of the definition of "financial service" in Article 10.63 (Definitions);
services auxiliary to insurance, as referred to in point (D) of the definition of "financial service" in Article 10.63 (Definitions); and
insurance intermediation, such as brokerage and agency, as referred to in point (C) of the definition of "financial service" in Article 10.63 (Definitions), of insurance risks relating to services listed in point (i).
EU/NZ/Annex 10-B/en 173
(b)
(c)
(d)
(e)
Paragraph (a) does not permit suppliers of the services listed in points (a)(i)(C)-(D to provide a service to a retail client.
In this entry, for New Zealand, "retail client" means: (i) natural person; or
Gi) a retail client as defined in clause 3 of schedule 5 of the Financial Markets Conduct Act 2013.
New Zealand reserves the right to adopt or maintain any measures with respect to banking and other financial services (excluding insurance), except for:
@) provision and transfer of financial information and financial data processing and related software, as referred to in point (K) of the definition of "financial service" in Article 10.63 (Definitions);
Gi) advisory and other auxiliary financial services as referred to in point (a)(ii)(L) of Article 10.63 (Definitions) relating to banking and other financial services, but not intermediation as described in that Article;
Gii) portfolio management services by a financial services supplier of the Union to: A. ategistered scheme; or B. an insurance company.
For the purposes of the commitment made in point (d)(iii):
(i) aâregistered scheme" means a registered scheme as defined under the Financial Markets Conduct Act 2013;
Gi) âportfolio management" means managing a portfolio in accordance with a mandate given by a client on a discretionary client-by-client basis and where such portfolio includes one or more financial instruments; and
Gii) portfolio management services do not include: A. custodial services; B. _ trustee services; or