EU - New Zealand FTA (2023)
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Law on Supplementary Voluntary Pension Accumulation of the Republic of Lithuania of 3 June 1999 No VII-1212 (as revised in Law No XII-70 of 20 December 2012);

Law on Payments of the Republic of Lithuania of 5 June 2003 No. IX-1596, last amendment 17 of October 2019 Nr. XIII-2488; and

Law on Payment Institutions of the Republic of Lithuania of 10 December 2009 No. XI-549 (new version of the Law: No XIII-1093 of 17 April 2018).

With respect to Cross-border trade in services — Market access:

In FE: For payment services, residency or domicile in Finland may be required.

EU/NZ/Annex 10-B/en 107

Reservation No. 17 — Health and social services

Sector: Health and social services

Industry classification: CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193, 93199

Obligations concerned: Market access National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 108

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)

Health services — hospital, ambulance, residential health services (CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193, 93199)

With respect to Investment liberalisation — Market access, National treatment, Performance

requirements, Senior management and boards of directors:

The EU: For the supply of all health services which receive public funding or State support in

any form.

The EU: For all privately funded health services, other than privately funded hospital, ambulance, and residential health facilities services other than hospital services. The participation of private operators in the privately funded health network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density,

geographic spread, and creation of new employment.

EU/NZ/Annex 10-B/en 109

This reservation does not relate to the supply of all health-related professional services, including services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191).

In AT, PL and SI: The supply of privately funded ambulance services (CPC 93192).

In BE: The establishment of privately funded ambulance and residential health facilities services other than hospital services (CPC 93192, 93193).

In BG, CY, CZ, FI, MT and SK: The supply of privately funded hospital, ambulance, and residential health services other than hospital services (CPC 9311, 93192, 93193).

In FI: The supply of other human health services (CPC 93199).

Existing measures:

CZ: Act No. 372/2011 Coll. on Health Care Services and Conditions of Their Provision.

FI: Laki yksityisesta terveydenhuollosta (Act on Private Health Care) (152/1990).

EU/NZ/Annex 10-B/en 110

With respect to Investment liberalisation — Market access, National treatment, Most-favoured

nation treatment, Senior management and boards of directors, Performance requirements:

In DE: The supply of the Social Security System of Germany, where services may be provided by different companies or entities involving competitive elements which are thus not "Services carried out exclusively in the exercise of governmental authority". To accord better treatment in the context of a bilateral trade agreement with regard to the supply of health and social services (CPC 93).

With respect to Investment liberalisation — Market access, National treatment:

In DE: The ownership of hospitals run by the German Forces.

To nationalise other key privately funded hospitals (CPC 93110).

In FR: To the supply of privately funded laboratory analysis and testing services.

With respect to Cross-border trade in services — Market access, National treatment:

In FR: The supply of privately funded laboratory analysis and testing services (part of CPC 9311).

EU/NZ/Annex 10-B/en 111

(b)

Existing measures:

FR: Code de la Santé Publique.

Health and social services, including pension insurance

With respect to Cross-border trade in services — Market access, National treatment, Local

presence:

In the EU, with the exception of HU: The Cross-border supply of health services, social services, and activities or services forming part of a public retirement plan or statutory system of social security. This reservation does not relate to the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191).

In HU: The Cross-border supply of all hospital, ambulance, and residential health services other than hospital services, which receive public funding (CPC 9311, 93192, 93193).

EU/NZ/Annex 10-B/en 112

(c)

Social services, including pension insurance

With respect to Investment liberalisation — Market access, National treatment, Senior

management and boards of directors, Performance requirements:

In the EU: The supply of all social services which receive public funding or State support in any form, and activities or services forming part of a public retirement plan or statutory system of social security. The participation of private operators in the privately funded social network may be subject to obtaining a concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of

new employment.

In BE, CY, DE, DK, EL, ES, FR, IE, IT and PT: The supply of privately funded social

services other than services relating to convalescent and rest houses and old people's homes. In CZ, FI, HU, MT, PL, RO, SK, and SI: The supply of privately funded social services. In DE: The Social Security System of Germany, where services are provided by different

companies or entities involving competitive elements and might therefore not fall under the

definition of the "Services carried out exclusively in the exercise of governmental authority”.

EU/NZ/Annex 10-B/en 113

Existing measures:

FI: Laki yksityisisté sosiaalipalveluista (Private Social Services Act) (922/2011).

TE: Health Act 2004 (S. 39); and

Health Act 1970 (as amended —S.61A).

IT: Law 833/1978 Institution of the public health system; and

Legislative Decree 502/1992 Organisation and discipline of the health field; and Law 328/2000 Reform of social services.

EU/NZ/Annex 10-B/en 114

Reservation No. 18 — Tourism and travel-related services

Sector: Tourist guides services, health and social services Industry classification: CPC 7472 Obligations concerned: National treatment

Most-favoured-nation treatment

Chapter Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 115

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

With respect to Investment liberalisation — National treatment and Cross-border trade in services — National treatment:

In FR: To require nationality of a Member State for the supply of tourist guide services.

With respect to Investment liberalisation — Most-favoured-nation treatment and Cross-border trade

in services — Most-favoured-nation treatment: In LT: In so far as New Zealand allows nationals of Lithuania to provide tourist guide services,

Lithuania will allow nationals of New Zealand to provide tourist guide services under the same

conditions.

EU/NZ/Annex 10-B/en 116

Reservation No. 19 — Recreational, cultural and sporting services

Sector: Recreational, cultural and sporting services

Industry classification: CPC 962, 963, 9619, 964

Obligations concerned: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 117

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)

(b)

Libraries, archives, museums and other cultural services (CPC963) With respect to Investment liberalisation — Market access, National treatment, Performance requirements, Senior management and boards of directors, and Cross-border trade in

services — Market access, National treatment, Local presence:

In the EU, with the exception of AT and, for investment liberalisation, in LT: The supply of

library, archive, museum and other cultural services.

In AT and LT: A licence or concession may be required for establishment. Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other than 96492).

With respect to Cross-border trade in services — Market access, National treatment:

In the EU, with the exception of AT and SE: The Cross-border supply of entertainment

services, including theatre, live bands, circus and discotheque services.

EU/NZ/Annex 10-B/en 118

With respect to Investment liberalisation — Market access, National treatment, Performance requirements, Senior management and boards of director, and Cross-border trade in services —

Market access, National treatment, Local presence:

In CY, CZ, FI, MT, PL, RO, SI and SK: With respect to the supply of entertainment services,

including theatre, live bands, circus and discotheque services.

In BG: The supply of the following entertainment services: circus, amusement park and similar attraction services, ballroom, discotheque and dance instructor services, and other entertainment services.

In EE: The supply of other entertainment services except for cinema theatre services.

In LT and LV: The supply of all entertainment services other than cinema theatre operation

services.

In CY, CZ, LV, PL, RO and SK: The Cross-border supply of sporting and other recreational

services.

EU/NZ/Annex 10-B/en 119

(c)

News and press agencies (CPC 962)

With respect to Investment liberalisation — Market access, National treatment, Most-favoured-

nation treatment:

In FR: Foreign participation in existing companies publishing publications in the French language may not exceed 20 % of the capital or of voting rights in the company. The establishment of press agencies of New Zealand is subject to conditions set out in domestic regulation. The establishment of press agencies by foreign investors is subject to reciprocity. Existing measures:

FR: Ordonnance n° 45-2646 du 2 novembre 1945 portant réglementation provisoire des agences de presse; and Loi n° 86-897 du 1 aofit 1986 portant réforme du régime juridique de la presse.

With respect to Cross-border trade in services — Market access:

In HU: The supply of news and press agencies services.

EU/NZ/Annex 10-B/en 120

(d)

Gambling and betting services (CPC 96492)

With respect to Investment liberalisation — Market access, National treatment, Performance requirements, Senior management and boards of directors, and Cross-border trade in

services — Market access, National treatment, Local presence:

The EU: The supply of gambling activities, which involve wagering a stake with pecuniary value in games of chance, including in particular lotteries, scratch cards, gambling services offered in casinos, gambling arcades or licensed premises, betting services, bingo services and gambling services operated by and for the benefit of charities or non-profit-making

organisations.

EU/NZ/Annex 10-B/en 121

Reservation No. 20 — Transport services and auxiliary transport services

Sector:

Obligations concerned:

Chapter Chapter: Transport Services

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 122

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)

Maritime transport — any other commercial activity undertaken from a ship

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