For the Hellenic Republic,
For the Kingdom of Spain,
For the French Republic,
For the Republic of Croatia,
For the Italian Republic,
For the Republic of Cyprus,
For the Republic of Latvia,
For the Republic of Lithuania,
For the Grand Duchy of Luxembourg,
For Hungary,
For the Republic of Malta,
For the Kingdom of the Netherlands,
For the Republic of Austria,
For the Republic of Poland,
For the Portuguese Republic,
For Romania,
For the Republic of Slovenia,
For the Slovak Republic,
For the Republic of Finland,
For the Kingdom of Sweden,
For the European Union
For the United Mexican States
Attachments
ANNEX I. EXISTING MEASURES
EXPLANATORY NOTES
1. The List of a Party to this Annex sets out, pursuant to Articles 10.12 (Non-Conforming Measures and Exceptions) and 11.8 (Non-Conforming Measures and Exceptions), the existing measures of that Party that do not conform to the obligations set out in the following provisions:
(a) 10.7 (National Treatment), 11.6 (National Treatment);
(b) 10.8 (Most-Favoured-Nation Treatment), 11.7 (Most-Favoured-Nation Treatment);
(c) 10.9 (Performance Requirements);
(d) 10.10 (Senior Management and Board of Directors); or
(e) 11.5 (Local Presence).
2. For the purposes of this Annex:
(a) "CMAP" means Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos) numbers as set out by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía), in the Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos), 1994;
(b) "CPC" means Central Product Classification numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; and
(c) "ISIC" means the International Standard Industrial Classification of all Economic Activities numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4, ISIC REV 3.1, 2002.
3. The List of a Party is without prejudice to the rights and obligations of the Parties under GATS.
4. Each entry in the List sets out the following elements:
(a) "sector" refers to the general sector in which the entry is made;
(b) "subsector" refers to the specific sector in which the entry is made;
(c) "industry classification" refers to, if applicable, the activity covered by the non-conforming measure according to CMAP, CPC or ISIC;
(d) "obligations concerned" specifies the obligations referred to in paragraph 1 that, pursuant to Articles 10.12 (Non-Conforming Measures and Exceptions) and 11.8 (Non-Conforming Measures and Exceptions), do not apply to the measures listed in the entry;
(e) "level of Government" indicates the level of government maintaining the specified measures;
(f) "measures" identifies the laws, regulations or other measures, as qualified, where indicated, by the "description" element, for which the entry is made; a measure cited in the "measures" element:
(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement;
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(iii) includes, for the European Union directives, any laws, regulations or other measures which implement the relevant directive at Member State level; and
(g) "description" either sets out the non-conforming aspects of the existing measure or provides a general non-binding description of the measure for which the entry is made.
5. In the interpretation of an entry, all elements of that entry shall be considered. An entry shall be interpreted in light of the Articles to which the "Obligations Concerned" in that entry refer.
6. The "measure" element prevails over other elements, unless a discrepancy between the "measure" element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the "measure" element prevails, in which case the other elements prevail to the extent of that discrepancy.
7. A reservation maintained at the level of the European Union applies to a measure of the European Union and of a Member State at the national level as well as to a measure of a government within a Member State, unless the reservation excludes a Member State.
8. A reservation maintained at the national level of Mexico or of a Member State applies to a measure of a government at the central, regional or local level within that country.
9. Articles 11.5 (Local Presence) and 11.6 (National Treatment) are separate disciplines and a measure that does not conform to Article 11.5 (Local Presence) exclusively, needs not be reserved against Article 11.6 (National Treatment).
10. If a Party maintains a measure that requires a service supplier to be a natural person, citizen, permanent resident, or resident of its territory or to be domiciled in it as a condition to the provision of a service in its territory, a reservation for that measure taken with respect to an obligation referred to in paragraph 1 in relation to Chapter 11 (Cross-Border Trade in Services) shall operate as a reservation with respect to an obligation referred to in paragraph 1 in relation to Chapter 10 (Investment), to the extent of that measure.
11. The List of a Party does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures that do not constitute a national treatment limitation within the meaning of Article 10.7 (National Treatment) or 11.6 (National Treatment), or a market access limitation within the meaning of Article 10.6 (Market Access) or 11.4 (Market Access). Those measures, such as the requirement to obtain a licence, universal service obligations, the requirement to have recognised qualifications in regulated sectors, the requirement to pass specific examinations which may include language examinations, and any non-discriminatory requirements that certain activities shall not be carried out in protected zones or areas, even if not listed, apply in any case.
12. The following abbreviations are used in the List of the European Union:
AT Austria
BE Belgium (1)
BG Bulgaria
CY Cyprus
CZ Czechia
DE Germany
DK Denmark
EE Estonia
EEA European Economic Area
EL Greece
ES Spain
EU European Union, including all its Member States
FI Finland (2)
FR France
HR Croatia
HU Hungary
IE Ireland
IT Italy
LT Lithuania
LU Luxembourg
LV Latvia
MT Malta
NL Netherlands
PL Poland
PT Portugal
RO Romania
SE Sweden
SI Slovenia
SK Slovakia
13. For greater certainty, for the European Union, the obligation to grant national treatment does not entail the requirement to extend to natural persons or enterprises of Mexico the treatment granted in a Member State to natural persons or enterprises of another Member State pursuant to the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU"), or to any measure adopted pursuant to the TFEU, including their implementation in the Member States. Pursuant to the TFEU, that treatment is granted only to enterprises constituted or organised in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Union, including those enterprises established within the European Union which are owned or controlled by natural persons or enterprises of Mexico.
14. For the purposes of the List of Mexico:
(a) "CFE" means the Federal Electricity Commission (Comisión Federal de Electricidad);
(b) "CNIE" means the National Commission on Foreign Investments (Comisión Nacional de Inversiones Extranjeras);
(c) "CNE" means the National Energy Commission (Comisión Nacional de Energía);
(d) "concession" means an authorisation granted by Mexico to a person to exploit a natural resource or provide a service, for which Mexican nationals and Mexican enterprises are granted priority over foreigners;
(e) "foreigners exclusion clause" means the express agreement or covenant forming an integral part of an enterprise's statutes, which sets forth that the enterprise shall not admit, directly or indirectly, foreign investors or enterprises with foreigners admission clause as partners or shareholders of the enterprise;
(f) "PEMEX" means Petróleos Mexicanos;
(g) "SAGARPA" means the Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food (Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca, y Alimentación);
(h) "SCT" means the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes);
(i) "SE" means the Ministry of Economy (Secretaría de Economía); and
(j) "SENER" means the Ministry of Energy (Secretaría de Energía).
15. For greater certainty, for the purposes of the List of Mexico, the terms "Nation" and "State" mean Mexico.
Appendix I-A. RESERVATIONS FOR EXISTING MEASURES LIST OF THE EU
List of reservations:
I-EU-1 – All sectors
I-EU-2 – Professional Services (all professions except health-related)
I-EU-3 – Professional Services (health-related professions and retail of pharmaceuticals)
I-EU-4 – Research and Development Services
I-EU-5 – Real Estate Services
I-EU-6 – Business Services
I-EU-7 – Construction Services
I-EU-8 – Distribution Services
I-EU-9 – Education Services
I-EU-10 – Environmental Services
I-EU-11 – Health Services and Social Services
I-EU-12 – Tourism and Travel related Services
I-EU-13 – Recreational, Cultural and Sporting Services
I-EU-14 – Transport Services and Services Auxiliary to Transport Services
I-EU-15 – Agriculture, fishing and manufacturing
I-EU-16 – Energy related activities
I-EU-1 – All sectors
Sector – Subsector: All sectors
Obligations Concerned: National Treatment
Most-Favoured-Nation Treatment
Local Presence
Performance Requirements
Senior Management and Board of Directors
Chapter: Investment and Cross-Border Trade in Services
Level of Government: EU / Member State (unless otherwise specified)
Description:
(a) Type of establishment
With respect to Investment – National Treatment:
The EU: Treatment accorded pursuant to the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU") to enterprises formed in accordance with the law of the EU or of a Member State and having their registered office, central administration or principal place of business within the EU, including those established in the Member States by investors of Mexico, is not accorded to branches or agencies of enterprises established outside the EU.
Treatment granted to enterprises formed by investors of Mexico in accordance with the law of the EU or of a Member State and having their registered office, central administration or principal place of business within the EU, is without prejudice to any condition or obligations, consistent with Chapter 10 (Investment), which may have been imposed on those enterprises when they were established in the EU and which shall continue to apply.
Measures: In the EU: TFEU.
With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment:
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 those interests or assets, and on the ability of owners of those interests and assets to control any resulting enterprise, by investors of Mexico or their investments. With respect to that 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.
For the purposes of this reservation:
(a) 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 as described in this reservation shall be deemed to be an existing measure; and
(b) "state 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:
As set out in the description element above.
With respect to Investment – National Treatment, Senior Management and Board of Directors:
In AT: For the operation of a branch, non-EEA corporations must appoint at least one person responsible for its representation who is resident in AT. Executives (managing directors) responsible for the observance of the Austrian Trade Act (Gewerbeordnung) must be domiciled in AT.
Measures:
AT: Aktiengesetz, BGBL. Nr. 98/1965, § 254 (2);
GmbH-Gesetz, RGBL. Nr. 58/1906, § 107 (2); and
Gewerbeordnung, BGBL. Nr. 194/1994, § 39 (2a).
In EE: A foreign company shall appoint a director or directors for a branch. A director of a branch shall be a natural person with active legal capacity. The residence of at least one director of a branch shall be in the EEA or in the Swiss Confederation.
Measures:
EE: Äriseadustik (Commercial Code) § 385.
In FI: At least one of the partners in a general partnership or of general partners in a limited partnership shall 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.