SE: Revisorslagen (Auditors Act) (2001:883); Revisionslag (Auditing Act) (1999:1079); Aktiebolagslagen (Companies Act) (2005:551); Lag om ekonomiska föreningar (The Co‑operative Economic Associations Act) (1987:667); and
Others, regulating the requirements to make use of approved auditors.
SI: Auditing Act (ZRev-2), Official Gazette RS No. 65/2008 (as last amended No 63/13); and
Companies Act (ZGD-1), Official Gazette RS No. 42/2006 (as last amended No 15/17).
SK: Act 423/2015 on Statutory audit.
(e) Taxation advisory services (CPC 863, not including legal advisory and legal representational services on tax matters, which are to be found legal services)
With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment, Local Presence:
In AT: The capital interests and voting rights of foreign tax advisors, qualified according to the law of their home country, in an Austrian enterprise may not exceed 25 %. The service supplier shall have an office or professional seat in the EEA.
With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment:
In BG: Nationality of a Member State is required for tax advisors.
With respect to Cross-Border Trade in Services – Local Presence:
In HU: EEA residency is required for the supply of taxation advisory services, insofar as they are being supplied by a natural person present in the territory of HU.
In IT: Residency is required.
Measures:
AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.
BG: Accountancy Act, Independent Financial Audit Act, Income Taxes on Natural Persons Act, Corporate Income Tax Act.
HU: Act XCII of 2003 on the Rules of Taxation; and
Decree of the Ministry of Finance No. 26/2008 on the licensing and registration of taxation advisory activities.
IT: Legislative Decree 139/2005; and Law 248/2006.
(f) Architecture and urban planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673, 8674)
With respect only to Investment –National Treatment; and Cross-Border Trade in Services –National Treatment:
In BG: Foreign specialists shall have experience of at least two years in the field of construction. EEA nationality is required for urban planning and landscape architectural services (CPC 8674).
In HR: a design or project created by a foreign architect, engineer or urban planner shall be validated by an authorised natural or legal person in HR with regard to its compliance with Croatian Law (CPC 8671, 8672, 8673, 8674).
With respect to Cross-Border Trade in Services – National Treatment:
In BE: The provision of architectural services includes control over the execution of the works (CPC 8671, 8674). Foreign architects authorised in their host countries and willing to practice their profession on an occasional basis in BE are required to obtain prior authorisation from the Council of Order in the geographical area where they intend to practice their activity.
With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment, Local Presence:
In CY: Nationality and residency condition applies for the provision of architecture and urban planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673, 8674).
With respect to Cross-Border Trade in Services – Local Presence:
In CZ: Residency in the EEA is required (CPC 8671, 8672, 8673, 8674).
In IT: Residency or professional domicile or business address in IT is required for enrolment in the professional register, which is necessary for the exercise of architectural and engineering services (CPC 8671, 8672, 8673, 8674).
In HU: EEA residency is required for the supply of the following services, insofar as they are being supplied by a natural person present in the territory of HU: architectural services, engineering services (only applicable to graduate trainees), integrated engineering services and landscape architectural services (CPC 8671, 8672, 8673, 8674).
In SK: Residency in the EEA is required for registration in the professional chamber, which is necessary for the exercise of architectural and engineering services (CPC 8671, 8672, 8673, 8674).
Measures:
BE: Law of February 20, 1939 on the protection of the title of the architect's profession; and
Law of 26th June 1963, which creates the Order of Architects Regulations of December 16th, 1983 of ethics established by national Council in the Order of Architects (Approved by art. 1st of A.R. of April 18th, 1985, M.B., May 8th, 1985).
BG: Spatial Development Act;
Chamber of Builders Act; and
Chambers of Architects and Engineers in Project Development Design Act.
CY: Law 41/1962;
Law 224/1990; and
Law 29(i) 2001.
CZ: Act No. 360/1992 Coll. on practice of profession of authorised architects and authorised engineers and technicians working in the field of building constructions.
HR: Act on Architectural and Engineering Activities in Physical Planning and Building (OG 152/08, 49/11, 25/13); and
Physical Planning Act of 12 December 2013 (011-01/13-01/291).
HU: Act LVIII of 1996 on the Professional Chambers of Architects and Engineers.
IT: Royal Decree 2537/1925 regulation on the profession of architect and engineer;
Law 1395/1923; and Decree of the President of the Republic (D.P.R.) 328/2001.
SK: Act 138/1992 on Architects and Engineers, Articles 3, 15, 15a, 17a and 18a.
I-EU-3 – Professional Services (health-related professions and retail of pharmaceuticals)
Sector – Subsector: Professional services – medical (including psychologists) and dental services; midwives, nurses, physiotherapists and paramedical personnel; veterinary services; retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists Industry Classification: CPC 9312, 93191, 932, 63211 Obligations Concerned: National Treatment Most-Favoured-Nation Treatment Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Level of government: EU / Member State (unless otherwise specified) Description: (a) Medical, dental, midwives, nurses, physiotherapists and para-medical services (CPC 852, 9312, 93191) With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment, Local Presence: In CY: Cypriot nationality and residency condition applies for the provision of medical (including psychologists), dental, midwives, nurses, physiotherapists and para-medical services. Measures: CY: Registration of Doctors Law (Chapter 250); Registration of Dentists Law (Chapter 249); Law 75(I)/2013 – Podologists; Law 33(I)/2008 – Medical Physics; Law 34(I)/2006 – Occupational Therapists; Law 9(I)/1996 – Dental Technicians; Law 68(I)/1995 – Psychologists; Law 16(I)/1992; Law 23(I)/2011 – Radiologists/Radiotherapists; Law 31(I)/1996 – Dieticians/Nutritionists; Law 140/1989 – Physiotherapists; and Law 214/1988 – Nurses. In DE (applies also to the regional level of government): Geographical restrictions may be imposed on professional registration, which apply to nationals and non-nationals alike. Establishment requirements may apply for medical, dental and midwives services. Doctors (including psychologists, psychotherapists and dentists) shall register with the regional associations of statutory health insurance physicians or dentists (kassenärztliche or kassenzahnärztliche Vereinigungen) if they wish to treat patients insured by the statutory sickness funds. This registration can be subject to quantitative restrictions based on the regional distribution of doctors. For dentists this restriction does not apply. Registration is necessary only for doctors participating in the public health scheme. Non-discriminatory restrictions on the legal form of establishment required to provide these services may exist. Establishment requirements may apply. Telemedicine may only be provided in the context of a primary treatment involving the prior physical presence of a doctor. The number of information and communications technology (ICT) service suppliers may be limited to guarantee interoperability, compatibility and necessary safety standards. This is applied in a non-discriminatory way (CPC 9312, 93191). Measures: DE: Bundesärzteordnung (Federal Medical Regulation); Gesetz über die Ausübung der Zahnheilkunde; Gesetz über die Berufe des Psychologischen Psychotherapeuten und des Kinder- und Jugendlichenpsychotherapeuten (Act on the Provision of Psychotherapy Services of 16.07.1998); Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung; Gesetz über den Beruf der Hebamme und des Entbindungspflegers; Gesetz über die Berufe in der Krankenpflege; § 7 Absatz 3 Musterberufsordnung fuer Aerzte (German Model professional Code for doctors); §95,§ 99 and seq. SGB V (Book on Social Security No. V), Statutory Health Insurance; § 1 Absatz 2 and Absatz 5 Hebammengesetz (Midwife Code), § 291b SGB V (Book on Social Security No. V) on E-health providers; Heilberufekammergesetz des Landes Baden-Württemberg in der Fassung of 16.03.1995 (GBl. BW of 17.05.1995 S. 314); Gesetz über die Berufsausübung, die Berufsvertretungen und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz - HKaG) in Bayern of 06.02.2002 (BAY GVBl 2002, page 42); Gesetz über die Kammern und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Apotheker, Psychologischen Psychotherapeuten und Kinder- und Jugendpsychotherapeuten (Berliner Kammergesetz) of 04.09.1978 (Berliner GVBl. page 1937, rev. page 1980); § 31 Heilberufsgesetz Brandenburg (HeilBerG) of 28.04.2003; Bremisches Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker (Heilberufsgesetz - HeilBerG) of 12.05.2005; § 29 Heilberufsgesetz (HeilBG NRW) of 09.05.2000; § 20 Heilberufsgesetz (HeilBG Rheinland-Pfalz) of 07.02.2003; Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder und Jugendlichenpsychotherapeuten im Freistaat (Sächsisches Heilberufekammergesetz – SächsHKaG) of 24.05.1994 (SächsGVBl. page 935); Gesetz über die öffentliche Berufsvertretung, die Berufspflichten, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte / Ärztinnen, Zahnärzte / Zahnärztinnen, psychologischen Psychotherapeuten / Psychotherapeutinnen und Kinder- und Jugendlichenpsychotherapeuten / -psychotherapeutinnen, Tierärzte / Tierärztinnen und Apotheker / Apothekerinnen im Saarland (Saarländisches Heilberufekammergesetz – SHKG) of 19.11.2007; and Thüringer Heilberufegesetz of 29. Januar 2002 (GVBl 2002, 125). With respect to Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment: In IT: EU nationality is required for the services provided by psychologists, foreign professionals may be allowed to practise based on reciprocity (part of CPC 9312). Measures: IT: Law 56/1989 on the psychologist profession. (b) Veterinary services (CPC 932) With respect to Investment – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment: In AT: Only nationals of a Member State of the EEA may provide veterinary services. The nationality requirement is waived for nationals of a non-Member State of the EEA where there is an EU agreement with that non-Member State of the EEA providing for national treatment with respect to investment and cross-border trade of veterinary services. In ES: Membership in the professional association is required for the practice of the profession and requires EU nationality, which may be waived through a bilateral professional agreement. In FR: EEA nationality is required for the supply of veterinary services, but the nationality condition may be waived subject to reciprocity. With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment, Local Presence: In CY: Nationality and residency condition applies for the provision of veterinary services. With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In EL: EEA or Swiss nationality is required for the supply of veterinary services. In HU: EEA nationality is required for membership of the Hungarian Veterinary Chamber, necessary for supplying veterinary services. With respect to Investment – National Treatment: In HR: Only EU nationals can establish a veterinary practice in the HR. In PL: For the provision of veterinary services by a natural person present in the territory of PL, only EU nationals may provide veterinary services. Foreign persons may apply for permission to practise. With respect to Cross-Border Trade in Services – Local Presence: In CZ: Physical presence in the territory is required for the supply of veterinary services. In HR: Only legal and natural persons established in a Member State for the purpose of conducting veterinary activities can supply cross border veterinary services in HR. In IT and PT: Residency is required for the supply of veterinary services. In SI: Only legal and natural persons established in a Member State for the purpose of conducting veterinary activities can supply cross-border veterinary services in SI. In SK: Residency in the EEA is required for registration in the professional chamber, which is necessary for the exercise of the profession. Measures: AT: Tierärztegesetz (Veterinary Act), BGBl. Nr. 16/1975, §3 (2) (3). CY: Law 169/1990. CZ: Act No. 166/1999 Coll. (Veterinary Act), §58-63, 39; and Act No. 381/1991 Coll. (on the Chamber of Veterinary Surgeons of the Czech Republic), paragraph 4. EL: Presidential Degree 38/2010; and Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B). ES: Real Decreto 126/2013, de 22 de febrero, por el que se aprueban los Estatutos Generales de la Organización Colegial Veterinaria Española. Articles 62, 64. FR: Code rural et de la pêche maritime Articles L241-1; L241-2; L241-2-1. HR: Veterinary Act (OG 41/07, 55/11), Articles 89, 106. HU: Act CXXVII of 2012 on the Hungarian Veterinary Chamber and on the conditions how to supply Veterinary services. IT: Legislative Decree C.P.S. 233/1946, Articles 7-9; and Decree of the President of the Republic (DPR) 221/1950, paragraph 7. PL: Law of 21st December 1990 on Profession of Veterinary Surgeon and Chambers of Veterinary Surgeons. PT: Decree-Law 368/91 (Statute of the Veterinary Professional Association). SI: Pravilnik o priznavanju poklicnih kvalifikacij veterinarjev (Rules on recognition of professional qualifications for veterinarians), Uradni list RS, ?t. (Official Gazette No) 71/2008, 7/2011, 59/2014 in 21/2016, Act on services in the internal market, Official Gazette RS No 21/2010. SK: Act 442/2004 on Private Veterinary Doctors, Article 2. (c) Retail sales of pharmaceuticals, medical and orthopaedic goods and other services provided by pharmacists (CPC 63211) With respect to Investment – National Treatment, Senior Management and Board of Directors: In AT: Nationality of a Member State of the EEA or the Swiss Confederation is required in order to operate a pharmacy. Nationality of a Member State of the EEA or the Swiss Confederation is required for leaseholders and persons in charge of managing a pharmacy. With respect to Investment – National Treatment: In CY: Nationality condition applies for the provision of retail sales of pharmaceuticals, medical and orthopaedic goods and other services provided by pharmacists (CPC 63211). In DE: Nationals of other countries or persons who have not passed the German pharmacy exam may only obtain a licence to take over a pharmacy which has already existed during the preceding three years. In FR: EEA or Swiss Confederation nationality is required in order to operate a pharmacy. Foreign pharmacists may be permitted to establish within annually established quotas. In EL: EU nationality is required to operate a pharmacy. In HU: EEA nationality is required to operate a pharmacy. In LV: In order to commence independent practice in a pharmacy, a foreign pharmacist or pharmacist's assistant, educated in a state which is not a Member State of the EU or a Member State of the EEA, shall work for at least one year in a pharmacy under the supervision of a pharmacist. With respect to Cross-Border Trade in Services – Local Presence: In BG: A permanent residence permit is required for foreign nationals (physical presence is required). In DE: Residency is required to obtain a licence as a pharmacist or to open a pharmacy for the retail of pharmaceuticals and certain medical goods to the public. Measures: AT: Apothekengesetz (Pharmacy Law), RGBl. No. 5/1907 as amended, §§ 3, 4, 12; Arzneimittelgesetz (Medication Act), BGBl. Nr. 185/1983 as amended, §§ 57, 59, 59a; Medizinproduktegesetz (Medical Products Law), BGBl. Nr. 657/1996 as amended, § 99. BG: Law on Medicinal Products in Human Medicine, Articles 146, 161, 195, 222 and 228. CY: Pharmaceutical and Poisons Law (Chapter 254). DE: § 2 paragraph 2, § 11a Apothekengesetz (German Pharmacy Act); §§ 43 paragraph 1, 73 paragraph 1 No. 1a, Arzneimittelgesetz (German Drugs Act); and § 11 Abs. 2 and 3 Medizinproduktegesetz, Verordnung zur Regelung der Abgabe von Medizinprodukten. EE: Ravimiseadus (Medicinal Products Act), RT I 2005, 2, 4; § 29 (2); and Tervishoiuteenuse korraldamise seadus (Health Services Organisation Act, RT I 2001, 50, 284). EL: Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011. ES: Ley 16/1997, de 25 de abril, de regulación de servicios de las oficinas de farmacia (Law 16/1997, of 25 April, regulating services in pharmacies), Aarticles 2, 3.1; and Real Decreto Legislativo 1/2015, de 24 de julio por el que se aprueba el Texto refundido de la Ley de garantías y uso racional de los medicamentos y productos sanitarios (Ley 29/2006). FR: Code de la santé publique, Articles L4221-1, L4221-13, L5125-10; Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, modifiée par les lois 2001-1168 du 12 décembre 2001 et 2008-776 du 4 août 2008 (Law 90-1258 on the exercise of liberal professions in the form of a company), lois 2011-331 du 28 mars 2011 et 2015-990 du 6 août 2015. HR: Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12). HU: Act XCVIII of 2006 on the General Provisions Relating to the Reliable and Economically Feasible Supply of Medicinal Products and Medical Aids and on the Distribution of Medicinal Products. IT: Law 362/1991, Articles 1, 4, 7 and 9; Legislative Decree CPS 233/1946, Articles 7 to 9; and Decree of the President of the Republic (D.P.R. 221/1950, paragraphs 3 and 7). LU: Loi du 4 juillet 1973 concernant le régime de la pharmacie (annex a043), Règlement grand-ducal du 27 mai 1997 relatif à l’octroi des concessions de pharmacie (annex a041); and Règlement grand-ducal du 11 février 2002 modifiant le règlement grand-ducal du 27 mai 1997 relatif à l’octroi des concessions de pharmacie (annex a017). LV: Pharmaceutical Law, s. 38. MT: Pharmacy Licence Regulations (LN279/07) issued under the Medicines Act (Cap. 458). PT: Decree-Law 307/2007, articles 9, 14 and 15; and Ordinance 1430/2007. SI: Pharmacy Services Act (Official Gazette of the RS No. 85/2016); and Medicinal Products Act (Official Gazette of the RS, No. 17/2014). SK: Act 362/2011 on pharmaceuticals and medical devices, article 6; and Act 578/2004 on healthcare providers, healthcare professionals, professional organisations in healthcare.
I-EU-4 – Research and Development Services
Sector – Subsector: Research and development services
Industry Classification: CPC 851, 853
Obligations Concerned: National Treatment
Chapter: Investment and Cross-Border Trade in Services
Level of government: EU / Member State (unless otherwise specified)
Description:
The EU: For publicly funded research and development (hereinafter referred to as "R&D") services benefitting from funding provided by the EU at the EU level, exclusive rights or authorisations may only be granted to nationals of the Member States and to enterprises of the EU having their registered office, central administration or principal place of business in the EU (CPC 851, 853).
For publicly funded R&D services benefitting from funding provided by a Member State exclusive rights or authorisations may only be granted to nationals of the Member State concerned and to enterprises of the Member State concerned having their headquarters in that Member State (CPC 851, 853).
This reservation is without prejudice to the exclusion of procurement by a Party or subsidies for trade in services in paragraph 2 of Article 11.2 (Scope), and paragraph 2 of Article 10.5 (Scope).
Measures:
EU: All currently existing and all future EU research or innovation framework programmes, including the Horizon 2020 Rules for Participation and regulations pertaining to Joint Technology Initiatives (JTIs), Article 185 Decisions, and the European Institute for Innovation and Technology (EIT), as well as existing and future national, regional or local research programmes.
I-EU-5 – Real Estate Services Sector – Subsector: Real estate services Industry Classification: CPC 821, 822 Obligations Concerned: National Treatment Local Presence Chapter: Investment and Cross-Border Trade in Services Level of government: EU / Member State (unless otherwise specified) Description: With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment, Local Presence: In CY: For the provision of real estate services, a nationality and residency condition applies. With respect to Cross-Border Trade in Services – Local presence: In CZ: Residency for natural persons and establishment for legal persons in the Czech Republic are required to obtain the licence necessary for the provision of real estate services. In DK: For the provision of real estate services by a natural person present in the territory of DK, only authorised real estate agents who are natural persons that have been admitted to the Danish Business Authority's real estate agent register may use the title of "real estate agent". The act requires that the applicant be a Danish resident or a resident of the EU, EEA or Switzerland. The Act on sale of real estate is only applicable when providing real estate services to consumers. Furthermore, the Act on sale of real estate does not apply on leasing of real estate (CPC 822). In HR: Commercial presence in EEA is required to provide real estate services In PT: EEA residency is required for natural persons. EEA incorporation is required for legal persons. With respect to Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment: In SI: In so far as Mexico allows Slovenian nationals and enterprises to supply real estate agent services, SI shall allow nationals and enterprises of Mexico to supply real estate agent services under the same conditions, in addition to the fulfilment of the following requirements: entitlement to act as a real estate agent in the country of origin, submission of the relevant document on impunity in criminal procedures, and inscription into the registry of real estate agents at the competent (Slovenian) ministry. Measures: CY: The Real Estate Agents Law 71(1)/2010. CZ: Trade Licensing Act. DK: Lov om formidling af fast ejendom m.v. lov. nr. 526 af 28.05.2014. HR: Real Estate Brokerage Act (OG 107/07 and 144/12), Article 2. PT: Decree-Law 211/2004 (Articles 3 and 25), as amended and republished by Decree Law 69/2011. SI: Real Estate Agencies Act.
I-EU-6 – Business Services Sector – Subsector: Business services – rental or leasing services without operators; services related to management consulting; technical testing and analyses; related scientific and technical consulting services; services incidental to agriculture; security services; placement services; translation and interpretation services; other business services Industry Classification: ISIC rev. 37, part of CPC 612, part of 621, part of 625, 831, part of 85990, 86602, 8675, 8676, 87201, 87202, 87203, 87204, 87205, 87206, 87209, 87901, 87902, 87909, 88, part of 893 Obligations Concerned: National Treatment Most-Favoured-Nation Treatment Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Level of government: EU / Member State (unless otherwise specified) Description: (a) Rental or leasing services without operators (CPC 83103, CPC 831) With respect to Investment – National Treatment: In SE: To fly the Swedish flag, proof of dominating Swedish operating influence shall be shown in case of foreign ownership interests in ships. Dominating Swedish influence means that the operation of the ship is located in SE. Foreign ships may be granted an exemption from this rule if they are rented or leased by Swedish legal persons through bareboat charter contracts. To be granted an exemption, the bareboat charter contract shall be provided to the Swedish Maritime Administration and demonstrate that the charterer takes full responsibility for operation and crew of the leased or rented ship. The duration of the contract must be at least one to two years (CPC 83103). Measures: SE: Sjölagen (Maritime Law) (1994:1009), Chapter 1, § 1. With respect to Cross-Border Trade in Services – Local Presence: In SE: Suppliers of rental or leasing services of cars and certain off-road vehicles (terrängmotorfordon) without a driver, rented or leased for a period of less than one year, are obliged to appoint someone to be responsible for ensuring, among other things, that the business is conducted in accordance with applicable rules and regulations and that the road traffic safety rules are followed. The responsible person must reside in SE (CPC 831). Measures: SE: Lag (1998: 424) om biluthyrning (Act on renting and leasing cars). (b) Rental or leasing services and other business services related to aviation With respect to Investment – National Treatment, Most-Favoured-Nation Treatment, and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment: The EU: For rental or leasing of aircraft without crew (dry lease), aircrafts used by an air carrier of the EU are subject to applicable aircraft registration requirements. A dry lease agreement to which a EU carrier is a party shall be subject to requirements in EU or national law on aviation safety, such as prior approval and other conditions applicable to the use of third countries' registered aircraft. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by enterprises meeting specific criteria regarding ownership of capital and control (CPC 83104). With respect to computer reservation system (hereinafter referred to as "CRS") services, where EU air carriers are not accorded, by CRS services suppliers operating outside the EU, equivalent (non-discriminatory) treatment to that provided in the EU, or where EU CRS services suppliers are not accorded, by non- EU air carriers, equivalent treatment to that provided in the EU, measures may be taken to accord equivalent treatment, respectively, to the non-EU air carriers by the CRS services suppliers operating in the EU, or to the non-EU CRS services suppliers by EU air carriers. Measures: The EU: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast); Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89. (c) Technical testing and analysis services (CPC 8676) With respect to Investment – Market Access, National Treatment; and Cross-Border Trade in Services – Market Access, National Treatment: In FR: EEA nationality required for biologists. In CY: The provision of services by chemists and biologists requires nationality of a Member State. With respect to Investment – Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment, Local Presence: In IT: For biologists, chemical analysts, agronomists and "periti agrari", residency and enrolment in the professional register is required. Third country nationals may enrol under condition of reciprocity. With respect to Cross-Border Trade in Services – Local Presence: In BG: Establishment in BG according to the Bulgarian Commercial Act and registration in the Commercial register is required for cross-border provision of technical testing and analysis services. For the periodical inspection for proof of technical condition of road transport vehicles, the person must be registered in accordance with the Bulgarian Commercial Act or the Non-Profit Legal Persons Act, or else be registered in another Member State of the EU or country from the EEA. Measures: BG: Technical Requirements towards Products Act; Measurement Act; National Accreditation of Compliance Conformity Authorities Act; Clean Ambient Air Act; and Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of road transport vehicles. CY: Registration of Chemists Law of 1988 (Law 157/1988), as amended by laws number 24(I) of 1992 and 20(I) of 2004, Law 157/1988. FR: Articles L 6213-1 to 6213-6 du Code de la Santé Publique. IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; Royal Decree 842/1928 on the profession of chemical analysts. (c) Services related to management consulting – arbitration and conciliation services (CPC 86602) With respect to Cross-Border Trade in Services – Local Presence: In HU: An authorisation, by means of admission into the register, by the minister in charge of the judicial system is required for the pursuit of mediation (such as arbitration and conciliation) activities which may only be granted to juridical or natural persons that are established in or resident in HU. Measures: HU: Act LV of 2002 on Mediation. (d) Related scientific and technical consulting services (CPC 8675) With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment, Local Presence: In IT: Residency or professional domicile in IT is required for enrolment in the geologists' register, which is necessary for the practice of the professions of surveyor or geologist in order to provide services relating to exploration and the operation of mines, etc. There is a requirement for nationality of a Member State, however, foreigners may enrol under condition of reciprocity. With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment, Local Presence: In BG: Establishment is required, as well as EEA or Swiss nationality for the natural person carrying out activities for geodesy, cadastral surveying and in cartography when studying movements of the earth crust. With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In CY: Nationality condition applies for the provision of relevant services. In FR: Foreign investors are required to have a specific authorisation for exploration and prospecting services. With respect to Cross-Border Trade in Services – Local Presence: In HR: Services of basic geological, geodetic and mining consulting as well as related environmental protection consulting services in the territory of HR can be carried out only jointly with or through domestic legal persons. Measures: BG: Cadastre and Property Register Act, Geodesy and Cartography Act. CY: Law 224/1990. FR: Loi 90-1258 relative à l’exercice sous forme de société des professions libérales, modifiée par les lois 2001-1168 du 12 décembre 2001 et 2008-776 du 4 août 2008. HR: Ordinance on requirements for issuing approvals to legal persons for performing professional environmental protection activities (OG No.57/10), Articles 32 to 35. IT: Geologists: Law 112/1963, Articles 2 and 5; D.P.R. 1403/1965, Article 1. (e) Technical testing and analysis services (CPC 8676) With respect to Cross-Border Trade in Services – Local Presence: In IT: For biologists and chemical analysts residency and enrolment in the professional register is required. In BG: Establishment in BG according to the Bulgarian Commercial Act and registration in the Commercial register are required for the cross-border provision of technical testing and analysis services. For the periodical inspection for proof of technical condition of road transport vehicles, the person must be registered in accordance with the Bulgarian Commercial Act or the Non-profit Legal Persons Act, or else be registered in another Member State of the EU or country from the EEA. In PT: The profession of chemical analyst is reserved for natural persons. Measures: BG: Technical Requirements towards Products Act; Measurement Act; National Accreditation of Compliance Conformity Authorities Act; Clean Ambient Air Act; and Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of road transport vehicles. IT: Law 3/1976 on the profession of agronomists ("Periti agrari"); Law 434/1968 as amended by Law 54/1991. PT: Decree Law 119/92; Law 47/2011; and Decree Law 183/98. (f) Placement Services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209) With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In BE (applies also to the regional level of government): Flemish Region, Walloon Region, German-Speaking Community: a company having its head office outside the EEA has to prove that it supplies placement services in its country of origin (CPC 87202). With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In DE: Nationality of a Member State or a commercial presence in the EU is required in order to obtain a licence to operate as a temporary employment agency (pursuant to s. 3 paragraphs 3 to 5 of the relevant Act (Arbeitnehmerüberlassungsgesetz) on temporary agency work. The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of non-EU and non-EEA personnel for specified professions such as health and care related professions (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209). Measures: BE: Flemish Region: Besluit van de Vlaamse Regering van 10 december 2010 tot uitvoering van het decreet betreffende de private arbeidsbemiddeling. Walloon Region: Décret du 3 avril 2009 relatif à l’enregistrement ou à l’agrément des agences de placement (Decree of 3 April 2009 on registration of placement agencies), art. 7; Arrêté du Gouvernement wallon du 10 décembre 2009 portant exécution du décret du 3 avril 2009 relatif à l'enregistrement ou à l’agrément des agences de placement (Decision of the Walloon Government of 10 December 2009 implementing the Decree of 3 April 2009 on registration of placement agencies), art. 4. German-speaking Community: Dekret über die Zulassung der Leiharbeitsvermittler und die Überwachung der privaten Arbeitsvermittler / Décret du 11 mai 2009 relatif à l'agrément des agences de travail intérimaire et à la surveillance des agences de placement privées, art. 6. DE: § 1 and 3 Abs 5 Arbeitnehmerüberlassungsgesetz –AÜG § 292 SGB III§ Article 38 Beschäftigungsverordnung. (g) Security Services (CPC 87302, 87303, 87304, 87305, 87309) With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In PT: A nationality requirement exists for specialised personnel. With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In IT: Nationality of a Member State and residency is required in order to obtain the necessary authorisation to supply security guard services and the transport of valuables. With respect to Cross-Border Trade in Services – Local Presence and Most-Favoured-Nation: In DK: Residence requirement for individuals applying for an authorisation to conduct security services, as well as for managers and the majority of members of the board of a legal entity applying for an authorisation to conduct security services. However, residence is not required to the extent it follows from international agreements or orders issued by the Minister for Justice. With respect to Cross-Border Trade in Services – Local Presence: In EE: Residency is required for providing security services and for security guards. Measures: DK: Lovbekendtgørelse 2016-01-11 No. 112 om vagtvirksomhed. EE: Turvaseadus (Security Act) § 21, § 43. IT: Law on public security (TULPS) 773/1931, Articles. 133-141; and Royal Decree 635/1940, Article 257. PT: Law 34/2013; and Ordinance 273/2013. (h) Collection agency services, Credit reporting services (CPC 87901, 87902) With respect to Investment – National Treatment: In PT: Nationality of a Member State is required for the provision of collection agency services and credit reporting services (CPC 87901, 87902). Measures: PT: Law 49/2004. (i) Translation and interpretation Services (CPC 87905) With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In CY: Nationality requirement applies. In EE: A sworn translator must be a national of a Member State. In HR: EEA nationality is required for certified translators. With respect to Cross-Border Trade in Services – Local Presence: In BG: Permanent residency is required for the provision of official translation and interpretation services. In FI: Residency in EEA is required for certified translators. Measures: BG: Regulation for the legalisation, certification and translation of documents, Article 18. CY: The Establishment, Registration and Regulation of the Certified Translator Services in the Republic of Cyprus Law. EE: Vandetõlgi seadus § 2 (3), § 16, (Sworn Translators Act). FI: Laki auktorisoiduista kääntäjistä (Act on Authorised Translators) (1231/2007), s. 2(1)). HR: Ordinance on permanent court interpreters (OG 88/2008), Article 2. (j) Other Business Services (part of CPC 612, part of 621, part of 625, part of 893, part of 85990) With respect to Investment – National Treatment: In CY: Nationality condition for the provision of hairdressing, cosmetic treatment, manicuring and pedicuring services, and other beauty services. Measures: CY: Law 28(i)/2003; Law 40(i)/1993; Law 40(i)/1993; and Law 182(i) 2013. With respect to Cross-Border Trade in Services – Local Presence: In CZ: To obtain a licence for the supply of voluntary public auctions, a company must be incorporated in CZ and a natural person is required to obtain a residency permit (part of CPC 612, part of 621, part of 625, part of 85990). In NL: To provide hallmarking services, commercial presence in NL is required (part of CPC 893). Measures: CZ: Act No. 455/1991 Coll.; Trade Licence Act; and Act No. 26/2000 Coll., on public auctions. NL: Waarborgwet 1986.
I-EU-7 – Construction Services Sector – Subsector: Construction services – construction and related engineering services Industry Classification: CPC 51 Obligations Concerned: National Treatment Chapter: Investment and Cross-Border Trade in Services Level of government: EU / Member State (unless otherwise specified) Description: With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In CY: Nationality requirement. Measure: The Registration and Control of Contractors of Building and Technical Works Law of 2001 (29 (I) / 2001), Articles 15 and 52.
I-EU-8 – Distribution Services Sector – Subsector: Distribution services – general, of tobacco and of alcoholic beverages Industry Classification: CPC 3546, part of 621, 6222, 631, part of 632 Obligations Concerned: National Treatment Chapter: Investment and Cross-Border Trade in Services Level of government: EU/ Member State (unless otherwise specified) Description: (a) Distribution of Pharmaceuticals (CPC 62117, 62251, 8929) With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In CY: Nationality requirement exists for distribution services on pharmaceutical representatives (CPC 62117). Measures: CY: Law 74(i) 202. (b) Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108) With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In AT: Priority is given to nationals of a Member State of the EEA (CPC 63108). In FR: Nationality requirement for tobacconists (buraliste) (part of CPC 6222, part of 6310). With respect to Investment –National Treatment: In ES: Establishment is subject to a Member State nationality requirement (CPC 63108). Measures: AT: Tobacco Monopoly Act 1996, § 5 and § 27. ES: Law 14/2013 of 27 September 2014. FR: Code général des impôts, Article 568 and Articles 276 to 279 of Annex 2. (c) Other distribution services (CPC 3546) With respect to Cross-Border Trade in Services – National Treatment, Local Presence: In LT: The distribution of pyrotechnics is subject to licensing. Only the juridical persons established in the EU may obtain a licence (CPC 3546). Measures: LT: Law on Supervision of Civil Pyrotechnics Circulation (23 March 2004. No. IX-2074).
I-EU-9 – Education Services Sector – Subsector: Education services (privately funded) Industry Classification: CPC 921, 922, 923, 924 Obligations Concerned: National Treatment Most-Favoured-Nation Treatment Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Level of government: EU / Member State (unless otherwise specified) Description: With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In FR: Nationality of a Member State is required in order to teach in a privately funded educational institution (CPC 921, CPC 922, CPC 923). However, nationals of Mexico may obtain an authorisation from the relevant competent authorities in order to teach in primary, secondary and higher level educational institutions. Nationals of Mexico may also obtain an authorisation from the relevant competent authorities in order to establish and operate or manage primary, secondary or higher level educational institutions. That authorisation is granted on a discretionary basis. In MT: Service suppliers seeking to provide privately funded higher or adult education services shall obtain a licence from the Ministry of Education and Employment. The decision on whether to issue a licence may be discretionary (CPC 923, CPC 924). With respect to Investment – National Treatment, Most-Favoured-Nation Treatment: In BG: Bulgarian kindergartens and schools having foreign participation may be established on the grounds of international agreements to which BG is a party. Foreign higher schools cannot establish subsidiaries in the territory of BG. Foreign higher schools may open faculties, departments, institutes and colleges in BG only within the structure of Bulgarian high schools and in cooperation with them (CPC 921, CPC 922). With respect to Investment – National Treatment, Senior Management and Board of Directors: In EL: Nationality of a Member State is required for owners and a majority of the members of the board of directors in privately funded primary and secondary schools, and for teachers in privately funded primary and secondary education (CPC 921, CPC 922). Education at university level shall be provided exclusively by institutions which are fully self-governed public law legal persons. However, Law 3696/2008 permits the establishment by EU residents (natural or legal persons) of private tertiary education institutions granting certificates which are not recognised as being equivalent to university degrees (CPC 923). With respect to Cross-Border Trade in Services – Local Presence: In CZ and SK: Establishment in a Member State is required to apply for state approval to operate as a privately funded higher education institution. This reservation does not apply to post-secondary technical and vocational education services (CPC 92310). Measures: BG: Pre-school and School Education Act (Additional Provisions, paragraph 4); and Higher Education Act (Additional Provisions, paragraph 4). CZ: Act No. 111/1998, Coll. (Higher Education Act), § 39; and Act No. 561/2004 Coll. on Pre-school, Basic, Secondary, Tertiary Professional and Other Education (the Education Act). EL: Laws 682/1977, 284/1968, 2545/1940 and Presidential Degree 211/1994 as amended by Presidential Degree 394/1997, Constitution of Hellas, Article 16, paragraph 5 and Law 3549/2007. FR: Code de l’éducation, Articles L 444-5, L 914-4, L 441-8, L 731-8, L 731-1 to 8. MT: Legal Notice 296 of 2012. SK: Law No. 131 of 21 February 2002 on Universities.
I-EU-10 – Environmental Services Sector – Subsector: Environmental services Industry Classification: CPC 940 Obligations Concerned: Local Presence Chapter: CBTS Level of government: EU / Member State (unless otherwise specified) Description: With respect to Cross-Border Trade in Services – Local Presence: In SE: Only entities established in SE or having their principal seat in SE are eligible for accreditation to perform control services of exhaust gas (CPC 9404). In SK: For processing and recycling of used batteries and accumulators, waste oils, old cars and waste from electrical and electronic equipment, incorporation in a Member State of the European Union or a Member State of the European Economic Area (EEA) is required (residency requirement) (part of CPC 9402). Measures: SE: The Vehicles Act (2002:574). SK: Act 79/2015 on Waste.
I-EU-11 – Health Services and Social Services Sector – Subsector: Health and social services Industry Classification: CPC 931, 933 Obligations Concerned: National Treatment Chapter: Investment Level of government: EU / Member State (unless otherwise specified) Description: With respect to Investment – National Treatment: In FR: While other types of legal form are available for EU investors, foreign investors only have access to the legal forms of SEL (société d'exercice liberal) and SCP (société civile professionnelle). For medical, dental and midwives services, French nationality is required. However, access by foreigners is possible within annually established quotas. For medical, dental and midwives services and services by nurses, provision through SARL (anonyme, à responsabilité limitée) or SCP (en commandite par actions) only. For hospital and ambulance services, residential health facilities (other than hospital services) and social services, an authorisation is necessary in order to exercise management functions. The authorisation process takes into account the availability of local managers. Measures: FR: Loi 90-1258 relative à l’exercice sous forme de société des professions libérales, modifiée par les lois 2001-1168 du 12 décembre 2001 et 2008-776 du 4 août 2008 et la loi 66-879 du 29 novembre 1966 (SCP); Code de la santé publique, Articles L6122-1 and L6122-2 (Ordonnance 2010-177 du 23 février 2010).
I-EU-12 – Tourism and Travel related Services Sector – Subsector: Tourism and travel related services – hotels, restaurants and catering; travel agencies and tour operators services (including tour managers); tourist guides services Industry Classification: CPC 641, 642, 643, 7471, 7472 Obligations Concerned: National Treatment Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Level of government: EU / Member State (unless otherwise specified) Description: With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In BG: The number of foreign managers may not exceed the number of managers who are Bulgarian nationals, in cases where the public (state or municipal) share in the equity capital of a Bulgarian company exceeds 50 %. EEA nationality requirement for tourist guides (CPC 641, 642, 643, 7471, 7472). In CY: The provision of tourist guide services and travel agencies and tour operators services requires nationality of a Member State (CPC 7471, 7472). In EL: Citizens of third countries have to obtain a diploma from the Tourist Guide Schools of the Greek Ministry of Tourism, in order to be entitled to the right of practicing the profession. By exception, the right to practice the profession can be temporally accorded to third countries citizens, by way of derogation from the above-mentioned provisions, in the event of the confirmed absence of a tourist guide for a specific language. In ES (applies also to the regional level of government): Nationality of a Member State is required for the provision of tourist guide services (CPC 7472). In HR: EEA nationality is required for hospitality and catering services in households and rural homesteads (CPC 641, 642, 643, 7471, 7472). In HU: The supply of travel agent and tour operator services, and tourist guide services on a cross-border basis is subject to a licence. Licences are reserved to EEA nationals and juridical persons having their seats in the EEA Member States (CPC 7471, 7472). In IT (applies also to the regional level of government): Tourist guides from non-EU countries need to obtain a specific licence from the Region in order to act as professional tourist guides. Tourist guides from Member States can work freely without the requirement for that a licence. The licence is granted to tourist guides demonstrating adequate competence and knowledge (CPC 7472). With respect to Investment – National Treatment; and Cross-Border Trade in Services – Local Presence: In BG: Tour operation or travel agency services may be provided by a person established in a Member State of the EU or a Member State of the EEA. Nationality and residency of the EEA or the Swiss Confederation is required to supply tour guide services, including activities such as mountain guides or ski instructors (CPC 7471, 7472). Measures: BG: Law for Tourism, Articles 61, 113 and 146. CY: The Tourism and Travel Offices and Tourist Guides Law 1995 to 2004 (N.41(I)/1995-2004). EL: Presidential Decree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B), Article 50 of the law 4403/2016. ES: Andalucía: Decreto 8/2015, de 20 de enero, Regulador de guías de turismo de Andalucía; Aragón: Decreto 21/2015, de 24 de febrero, Reglamento de Guías de turismo de Aragón; Cantabria: Decreto 51/2001, de 24 de julio, Article 4, por el que se modifica el Decreto 32/1997, de 25 de abril, por el que se aprueba el reglamento para el ejercicio de actividades turístico-informativas privadas; Castilla y León: Decreto 25/2000, de 10 de febrero, por el que se modifica el Decreto 101/1995, de 25 de mayo, por el que se regula la profesión de guía de turismo de la Comunidad Autónoma de Castilla y León; Castilla la Mancha: Decreto 86/2006, de 17 de julio, de Ordenación de las Profesiones Turísticas; Cataluña: Decreto Legislativo 3/2010, de 5 de octubre, para la adecuación de normas con rango de ley a la Directiva 2006/123/CE, del Parlamento y del Consejo, de 12 de diciembre de 2006, relativa a los servicios en el mercado interior, Article 88; Comunidad de Madrid: Decreto 84/2006, de 26 de octubre del Consejo de Gobierno, por el que se modifica el Decreto 47/1996, de 28 de marzo; Comunidad Valenciana: Decreto 90/2010, de 21 de mayo, del Consell, por el que se modifica el reglamento regulador de la profesión de guía de turismo en el ámbito territorial de la Comunitat Valenciana, aprobado por el Decreto 62/1996, de 25 de marzo, del Consell; Extremadura: Decreto 37/2015, de 17 de marzo; Galicia: Decreto 42/2001, de 1 de febrero, de Refundición en materia de agencias de viajes, guías de turismo y turismo activo; Islas Baleares: Decreto 136/2000, de 22 de septiembre, por el cual se modifica el Decreto 112/1996, de 21 de junio, por el que se regula la habilitación de guía turístico en las Islas Baleares; Islas Canarias: Decreto 13/2010, de 11 de febrero, por el que se regula el acceso y ejercicio de la profesión de guía de turismo en la Comunidad Autónoma de Canarias, Article 5; La Rioja: Decreto 14/2001, de 4 de marzo, Reglamento de desarrollo de la Ley de Turismo de La Rioja; Navarra: Decreto Foral 288/2004, de 23 de agosto, Reglamento para actividad de empresas de turismo activo y cultural de Navarra; Principado de Asturias: Decreto 59/2007, de 24 de mayo, por el que se aprueba el Reglamento regulador de la profesión de Guía de Turismo en el Principado de Asturias; and Región de Murcia: Decreto No. 37/2011, de 8 de abril, por el que se modifican diversos decretos en materia de turismo para su adaptación a la ley 11/1997, de 12 de diciembre, de turismo de la Región de Murcia tras su modificación por la ley 12/2009, de 11 de diciembre, por la que se modifican diversas leyes para su adaptación a la directiva 2006/123/CE, del Parlamento Europeo y del Consejo de 12 de diciembre de 2006, relativa a los servicios en el mercado interior (los guías podrían ser extranjeros si tienen homologación de las titulaciones requeridas). HR: Hospitality and Catering Industry Act (OG 138/06, 152/08, 43/09, 88/10 i 50/12); and Act on Provision of Tourism Services (OG No. 68/07 and 88/10). HU: Act CLXIV of 2005 on Trade; and Government Decree No. 213/1996 (XII.23.) on Travel Organisation and Agency Activities. IT: Law 135/2001 Articles 6 and 7.5, Law 40/2007 (DL 7/2007).
I-EU-13 – Recreational, Cultural and Sporting Services Sector – Subsector: Recreational services – other sporting services Industry Classification: Part of CPC 96419 Obligations Concerned: National Treatment Senior Management and Board of Directors Chapter: Investment and Cross-Border Trade in Services Level of government: EU / Member State (unless otherwise specified) Description: Other sporting services (CPC 96419) With respect to Investment – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment: In AT (applies to the regional level of government): The operation of ski schools and mountain guide services is governed by the laws of the Bundesländer. The provision of these services may require nationality of a Member State of the EEA. Enterprises may be required to appoint a managing director who is a national of a Member State of the EEA. In CY: Nationality requirement for the establishment of a dance school and nationality requirement for physical instructors. Measures: AT: Kärntner Schischulgesetz, LGBL. No. 53/97; Kärntner Berg- und Schiführergesetz, LGBL. No. 25/98; NÖ- Sportgesetz, LGBL. No. 5710; OÖ- Sportgesetz, LGBl. No. 93/1997; Salzburger Schischul- und Snowboardschulgesetz, LGBL. No. 83/89; Salzburger Bergführergesetz, LGBL. No. 76/81; Steiermärkisches Schischulgesetz, LGBL. No. 58/97; Steiermärkisches Berg- und Schiführergesetz, LGBL. No. 53/76; Tiroler Schischulgesetz. LGBL. No. 15/95; Tiroler Bergsportführergesetz, LGBL. No. 7/98; Vorarlberger Schischulgesetz, LGBL. No. 55/02 §4 (2)a; Vorarlberger Bergführergesetz, LGBL. No. 54/02; and Wien: Gesetz über die Unterweisung in Wintersportarten, LGBL. No. 37/02. CY: Law 65(i)/1997; Law 17(i) /1995.
I-EU-14 – Transport Services and Services Auxiliary to Transport Services Sector – Subsector: Transport services – fishing and water transportation – any other commercial activity undertaken from a ship; water transportation and auxiliary services for water transport; rail transport and auxiliary services to rail transport; road transport and services auxiliary to road transport; services auxiliary to air transport services; provision of combined transport services Industry Classification: ISIC 0501, 0502; CPC 5122, 5133, 5223, 711, 712, 72, 741, 742, 743, 744, 745, 748, 749, 7461, 7469, 83103, 83104, 86751, 86754, 8730, 882 Obligations Concerned: National Treatment Most-Favoured-Nation Treatment Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Level of government: EU / Member State (unless otherwise specified) Description: Maritime transport and auxiliary services for maritime transport. Any commercial activity undertaken from a ship (ISIC 0501, 0502; CPC 5133, 5223, 721, Part of 742, 745, 74540, 74520, 74590, 882) With respect to Investment – National Treatment, Senior Management and Board of Directors; Cross-Border Trade in Services – National Treatment: In BG: The carriage and any activities related to hydraulic-engineering and underwater technical works, prospecting and extraction of mineral and other inorganic resources, pilotage, bunkering, receipt of waste, water-and-oil mixtures and other such activities; performed by vessels in the internal waters and the territorial sea of BG, may only be performed by vessels flying the Bulgarian flag or vessels flying the flag of another Member State. Nationality requirement for supporting services. The master and the chief engineer of the vessel shall mandatorily be nationals of a Member State of the EU or the EEA or of the Swiss Confederation. No less than 25 % of the positions at management and operational level and no less than 25 % of the positions at order-taking level shall be occupied by nationals of BG. The right to perform supporting services for public transport carried out in Bulgarian ports and in ports having regional significance is granted by a contract with the owner of the port (ISIC 0501, 0502, CPC 5133, 5223, 721, 74520, 74540, 74590, 882). Measures: BG: Merchant Shipping Code; Law For the Sea Water, Inland Waterways and Ports of the Republic of Bulgaria; Ordinance for the condition and order for selection of Bulgarian carriers for carriage of passengers and cargoes under international treaties; and Ordinance 3 for servicing of unmanned vessels. With respect to Investment – National Treatment; Cross-Border Trade in Services – National Treatment: In DK: Pilotage services providers may only conduct pilotage services in DK if they are domiciled in an EU or EEA country and registered and approved by the Danish Authorities in accordance with the Danish Pilotage Act (74520). Measures: DK: Danish Pilotage Act, §18. With respect to Investment – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment: In DE (applies also to the regional level of government): A vessel that does not belong to a national of a Member State may be used for activities other than transport and auxiliary services in the German federal waterways only after specific authorisation. Waivers for non-EU vessels may only be granted if no EU vessels are available or if they are available under very unfavourable conditions, or on the basis of reciprocity. Waivers for vessels flying under the Mexican flag may be granted on the basis of reciprocity (§ 2 paragraph 3 Verordnung über die Küstenschifffahrt). All activities falling within the scope of the pilot law are regulated and accreditation is restricted to nationals of the EEA or the Swiss Confederation. For rental or leasing of seagoing vessels with or without operators, and for rental or leasing without operator of non-seagoing vessels, the conclusion of contracts for freight transport by ships flying a foreign flag or the chartering of such vessels may be restricted, depending on the availability of ships flying under the German flag or the flag of another Member State. Transactions between residents and non-residents within the economic area may be restricted (Water transport, Supporting services for water transport, Rental of ships, Leasing services of ships without operators (CPC 721, 745, 83103, 86751, 86754, 8730)) if they concern: (i) rental of internal waterways vessels, which are not registered in the economic area; (ii) transport of freight with such internal waterways vessels; or (iii) towing services by such internal waterways vessels. Measures: DE: §§ 1, 2 Flaggenrechtsgesetz (Flag Protection Act); § 2 Verordnung über die Küstenschifffahrt vom 05.07. 2002; §§ 1, 2 Binnenschifffahrtsaufgabengesetz (BinSchAufgG); Verordnung über Befähigungszeugnisse in der Binnenschiffahrt (Binnenschifferpatentverordnung - BinSchPatentV); § 9 Abs.2 No. 1 Seelotsgesetz from 08.12. 2010 (BGBl. I S. 1864); § 1 No. 9, 10, 11 and 13 Seeaufgabengesetz (SeeAufgG); and See-Eigensicherungsverordnung from 19.09.2005 (BGBl. I S. 2787), geändert durch Artikel 516 Verordnung vom 31.10.2006 (BGBl. I S. 2407). In FI: Supporting services for maritime transport when provided in Finnish maritime waters are reserved to fleets operating under the national, EU or Norwegian flag (CPC 745). Measures: FI: Merilaki (Maritime Act) (674/1994); and Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919), s. 4. Rail transport and auxiliary services to rail transport (CPC 711, 743) With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In BG: Only nationals of a Member State may provide rail transport or supporting services for rail transport in BG. A licence to carry out passenger or freight transportation by rail is issued by the Minister of Transport to railway operators registered as traders (CPC 711, 743) Measures: BG: Law for Railway Transport, Articles 37 and 48. Road transport and services auxiliary to road transport (CPC 712, 7121, 7122, 71222, 7123) With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In AT: For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of the Member States and to juridical persons of the EU having their headquarters in the EU (CPC 712). Measures: AT: Güterbeförderungsgesetz (Goods Transportation Act), BGBl. Nr. 593/1995; § 5; Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGBl. Nr. 112/1996; § 6; and Kraftfahrliniengesetz (Law on Scheduled Transport), BGBl. I Nr. 203/1999 as amended, §§ 7 and 8. In CZ: Incorporation in CZ is required (no branches) for the provision of road transport services. Measures: CZ: Act No. 111/1994 Coll., on Road Transport. With respect to Investment – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment: In EL: For operators of road freight transport services, in order to engage in the occupation of road freight transport operator a Hellenic licence is needed. Licences are granted on non–discriminatory terms, under condition of reciprocity. Measures: EL: Licensing of road freight transport operators: Greek law 3887/2010 (Government Gazette A' 174), as amended by Article 5 of law 4038/2012 (Government Gazette A' 14)-EC Regulations 1071/09 and 1072/09. With respect to Investment – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment, Local Presence: In SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed. Criteria for receiving a taxi licence include that the company has appointed a natural person to act as the transport manager (a de facto residency requirement – see the Swedish reservation on types of establishment). Criteria for receiving a licence for other road transport operators require that the company be established in the EU, have an establishment situated in SE and have appointed a natural person to act as the transport manager, who must be a resident in the EU. Operators of cross-border road haulage and road passenger transport services abroad need to be licensed for those operations by the competent authority in the country where they are established. Additional requirements for cross-border trade may be regulated in bilateral road transport agreements. For vehicles in which no bilateral agreement is applicable, a licence is also needed from the Swedish Transport Agency (CPC 712). Measures: SE: Yrkestrafiklag (2012:210) (Act on professional traffic); Lag om vägtrafikregister (2001:558) (Act on road traffic registry); Yrkestrafikförordning (2012:237) (Government regulation on professional traffic); Taxitrafiklag (2012:211) (Act on Taxis); and Taxitrafikförordning (2012:238) (Government regulation on taxis). Services auxiliary to air transport services (CPC 7461, 7469, 83104) With respect to Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment, Local Presence: In the EU: For groundhandling services, establishment within the EU territory may be required. The level of openness of groundhandling services depends on the size of airport. The number of suppliers in each airport may be limited. For big airports, this limit may not be less than two suppliers. Measures: The EU: Regulation 2008/1008/EC of 24 September 2008 on common rules for the operation of air services in the Community; Regulation 2009/80/EC of 14 January 2009 on a Code of Conduct for computerised reservation systems; Directive 1996/67/EC of 15 October 1996 on access to the groundhandling market at Community airports. In BE (applies also to the regional level of government): For groundhandling services, reciprocity is required. Measures: BE: Arrêté Royal du 6 novembre 2010 réglementant l'accès au marché de l'assistance en escale à l'aéroport de Bruxelles-National (Article 18); Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de Vlaamse regionale luchthavens (Article 14); Arrêté du Gouvernement wallon réglementant l’accès au marché de l’assistance en escale aux aéroports relevant de la Région wallonne (Article 14) With respect to Investment – National Treatment. In BE: Private (civil) aircraft belonging to natural persons who are not nationals of a Member State of the EU or of the EEA may only be registered if they are domiciled or resident in BE without interruption for at least one year. Private (civil) aircraft belonging to foreign legal entities not formed in accordance with the law of a Member State of the EU or of the EEA may only be registered if they have a seat of operations, agency or office in BE without interruption for at least one year (rental of aircraft CPC 83104). Measures: BE: Arrêté Royal du 15 mars 1954 réglementant la navigation aérienne. In PL: For airport operation services, foreign participation is limited to 49 per cent (part of CPC 742). Measures: PL: Polish Aviation Law of 3 July 2002, Articles 174.2 and 174.3. Supporting services for all modes of transport (part of CPC 748) With respect to Cross-Border Trade in Services – Local Presence: The EU (applies also to the regional level of government): Customs clearance services may only be provided by EU residents. Measures: The EU: Regulation (EU) No 952/2013 of 9 October 2013 of the European Parliament and of the Council establishing the Union Customs Code. Provision of Combined Transport Services (CPC 711, 712, 7212, 7222, 741, 742, 743, 744, 745, 748, 749) With respect to Cross-Border Trade in Services – Local Presence: The EU: With the exception of FI: Only hauliers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goods between Member States may, in the context of a combined transport operation between Member States, carry out initial or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier. Limitations affecting any given mode of transport apply. Necessary measures can be taken to ensure that the motor vehicle taxes applicable to road vehicles routed in combined transport are reduced or reimbursed. Measures: The EU: Directive 1992/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States.
I-EU-15 – Agriculture, fishing and manufacturing Sector – Subsector: Agriculture, hunting, forestry; animal and reindeer husbandry, fishing and aquaculture; publishing, printing and reproduction of recorded media Industry Classification: ISIC 011, 012, 013, 014, 015, 1531, 050, 0501, 0502, 221, 222, 323, 324, CPC 882, 88442 Obligations Concerned: National Treatment Most-Favoured-Nation Treatment Performance Requirements Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Level of government: EU / Member State (unless otherwise specified) Description: (a) Agriculture, hunting and forestry (ISIC 011, 012, 013, 014, 015, 1531, CPC 881) With respect to Investment – National Treatment, Most-Favoured-Nation Treatment; Cross Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment, Local Presence: In IT: For agronomists and periti agrari, residency and enrolment in the professional register is required. Third country nationals can enrol under condition of reciprocity. Measures: IT: Law 3/1976 on the profession of agronomists "Periti agrari"; Law 434/1968 as amended by Law 54/1991. With respect to Investment – Performance Requirements: The EU: The intervention agencies designated by Member States shall buy cereals which have been harvested in the EU. No export refund shall be granted on rice imported from and re exported to any third country. Only EU rice producers may claim compensatory payments. With respect to Investment –National Treatment: In FI: Only nationals of a Member State of the EEA resident in the reindeer herding area may own reindeer and practice reindeer husbandry. Exclusive rights may be granted. In FR: Prior authorisation is required in order to become a member or act as a director of an agricultural co-operative (ISIC 11, 12, 13, 14, 15). In SE: Only Sami people may own and practice reindeer husbandry. Measures: The EU: Regulation 2007/1234/EC of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation). FI: Poronhoitolaki (Reindeer Husbandry Act) (848/1990), Chapter 1, s. 4, Protocol 3 to the Accession Treaty of Finland. FR: Code rural et de la pêche maritime: Article R331-1 on installation and Article L. 529-2 on agricultural co-operatives. SE: Reindeer Husbandry Act (1971:437), paragraph 1. (b) Manufacturing – Publishing, printing and reproduction of recorded media (ISIC 221, 222, 323, 324, CPC 88442) With respect to Investment – National Treatment; and Cross-Border Trade in Services – Local Presence: In DE (applies also to the regional level of government): Each publicly distributed or printed newspaper, journal or periodical must clearly indicate a "responsible editor" (the full name and address of a natural person). The responsible editor may be required to be a permanent resident of DE, the EU or an EEA country. Exceptions may be allowed by the Federal Minister of the Interior (ISIC 223, 224). In SE: Natural persons who are owners of periodicals that are printed and published in SE shall reside in SE or be nationals of a Member State of the EEA. Owners of those periodicals who are juridical persons must be established in the EEA. Periodicals that are printed and published in SE and technical recordings shall have a responsible editor who must be domiciled in SE. With respect to Investment – National Treatment, Most-Favoured-Nation Treatment: In IT: In so far as Mexico allows Italian nationals and enterprises to conduct these activities, IT shall allow nationals and enterprises of Mexico to conduct these activities under the same conditions. In so far as Mexico allows Italian investors to own more than 49 % of the capital and voting rights in a publishing company of Mexico, IT shall allow investors of Mexico to own more than 49 % of the capital and voting rights in an Italian publishing company under the same conditions (ISIC 221, 222, CPC 88442). With respect to Investment – Senior Management and Board of Directors: In PL: Nationality is required for the editor-in-chief of newspapers and journals (ISIC 221, 222). With respect to Cross-Border Trade in Services – Local Presence: In LV: Only legal persons incorporated in LV and natural persons of LV have the right to found and publish mass media. Branches are not allowed. Measures: DE: § 10 Abs. 1 Nr. 4 Landesmediengesetz (LMG) Rheinland-Pfalz v. 4. Februar 2005, GVBl. S. 23; § 9 Abs. 1 Nr. 1 Gesetz über die Presse Baden-Württemberg (LPG BW) v. 14 Jan. 1964, GBl. S.11; § 9 Abs. 1 Nr. 1 Pressegesetz für das Land Nordrhein-Westfalen (Landespressegesetz NRW) v. 24. Mai 1966 (GV. NRW. S. 340); § 8 Abs. 1 Gesetz über die Presse Schleswig-Holstein (PressG SH) vom 25.1.2012, GVOBL. SH S. 266; § 7 Abs. 2 Landespressegesetz für das Land Mecklenburg-Vorpommern (LPrG M-V) v. 6 Juni 1993, GVOBl. M-V 1993, S. 541; § 8 Abs. 1 Nr. 1 Pressegesetz für das Land Sachsen-Anhalt in der Neufassung vom 2.5.2013 (GVBl. LSA S. 198); § 7 Abs. 2 Berliner Pressegesetz (BlnPrG) v. 15 Juni 1965, GVBl. S. 744; § 10 Abs. 1 Nr. 1 Brandenburgisches Landspressegesetz (BbgPG) v. 13. Mai 1993, GVBl. I/93, S. 162; § 9 Abs. 1 Nr.1 Gesetz über die Presse Bremen (BrPrG), Brem. GBl. 1965, S. 63; § 7 Abs. 3 Nr. 1 Hessisches Pressegesetz (HPresseG) v. 12. Dezember 2004, GVBl. 2004 I S. 2; § 7 Abs. 2 i.V.m § 9 Abs.1 Ziffer 1 Thüringer Pressegesetz (TPG) v. 31. Juli 1991, GVBl. 1991 S. 271; § 9 Abs. 1 Nr. 1Hamburgisches Pressegesetz v. 29. Januar 1965, HmbGVBl., S. 15; § 6 Abs. 2 Sächsisches Gesetz über die Presse (SächsPresseG) v. 3. April 1992, SächsGVBl. S. 125; § 8 Abs. 2 Niedersächsisches Pressegesetz v. 22. März 1965, GVbl. S.9; § 9 Abs. 1 Nr. 1 Saarländisches Mediengesetz (SMG) vom 27. Februar 2002 (Amtsbl. S. 498); and Art. 5 Abs. 2 Bayerisches Pressegesetz in der Fassung der Bekanntmachung v. 19. April 2000 (GVBl, S. 340). IT: Law 416/1981, Article 1 (and subsequent amendments). LV: Law on the Press and Other Mass Media, s. 8. PL: Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item 24, with subsequent amendments. SE: Freedom of the press act (1949:105); Fundamental law on Freedom of Expression (1991:1469); and Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of Expression (1991:1559).
I-EU-16 – Energy related activities Sector – Subsector: Energy related activities – mining and quarrying; 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; services incidental to energy distribution Industry Classification: ISIC 10, 11, 12, 13, 14, 40, CPC 5115, 63297, 713, part of 742, 8675, 883, 887 Obligations Concerned: National Treatment Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Level of government: EU / Member State (unless otherwise specified) Description: (a) Mining and quarrying (ISIC 10, 11, 12, 13, 14, CPC 5115, 7131, 8675, 883) With respect to Investment –National Treatment, Most-Favoured-Nation Treatment: In CY: The Council of Ministers may refuse to allow access to and exercise of the activities of prospecting, exploration and exploitation of hydrocarbons to any entity which is effectively controlled by Mexico or by nationals of Mexico or third country nationals. No entity may, after the granting of an authorisation for the prospecting, exploration and production of hydrocarbons, come under the direct or indirect control of Mexico or a national of Mexico without the prior approval of the Council of Ministers. The Council of Ministers may refuse to grant an authorisation for the prospecting, exploration and production of hydrocarbons to an entity which is effectively controlled by Mexico or a third country or by a national of Mexico or a third country, if Mexico or the third country does not grant entities of CY or entities of Member States, in relation to the access to and exercise of the activities of prospecting, exploring for and exploiting hydrocarbons, treatment comparable to that which CY or the Member State grants entities of Mexico or that third country (ISIC 1110). With respect to Investment – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – Local Presence: In SI: The exploration for and exploitation of mineral resources, including regulated mining services, are subject to establishment in or citizenship of the EEA, the Swiss Confederation or an Organisation for Economic Co-operation and Development (OECD) member, or of a third country on condition of reciprocity. Compliance with the condition of reciprocity is verified by the Ministry responsible for mining (ISIC 10, 11, 12, 13, 14, CPC 883, 8675). With respect to Investment – National Treatment: In NL: The exploration for and exploitation of hydrocarbons in NL is always performed jointly by a private company and the public (limited) company designated by the Minister of Economic Affairs. Articles 81 and 82 of the Mining Act stipulate that all shares in this designated company must be directly or indirectly held by the Dutch State (ISIC rev 3.1 10, 3.1 11, 3.1 12, 3.1 13, 3.1 14). With respect to Cross-Border Trade in Services – Local presence: In FI: The exploration for and exploitation of mineral resources may be granted to a natural person resident in the EEA or a juridical person established in the EEA. (ISIC Rev. 3.1 120, CPC 5115, 883, 8675). In SK: For mining, activities related to mining and geological activity, incorporation in a Member State of the EU or of the EEA is required (no branching). Mining and prospecting activities covered by Act of the Slovak Republic 44/1988 on protection and exploitation of natural resources are regulated on a non-discriminatory basis, including through public policy measures seeking to ensure the conservation and protection of natural resources and the environment such as the authorisation or prohibition of certain mining technologies. For greater certainty, those measures include the prohibition of the use of cyanide leaching in the treatment or refining of minerals, the requirement of a specific authorisation in the case of fracking for activities of prospecting, exploration or extraction of oil and gas, as well as prior approval by local referendum in the case of nuclear or radioactive mineral resources. This does not increase the non-conforming aspects of the existing measure for which the reservation is taken (ISIC 10, 11, 12, 13, 14, CPC 5115, 7131, 883 and 8675). Measures: CY: The Hydrocarbons (Prospecting, Exploration and Exploitation Law) of 2007, (Law 4(I)/2007) as amended by laws number 126(I) of 2013 and 29(I) of 2014. FI: Kaivoslaki (Mining Act) (621/2011); and Ydinenergialaki (Nuclear Energy Act) (990/1987). NL: Mijnbouwwet (Mining Act). SI: Mining Act 2014. SK: Act 51/1988 on Mining, Explosives and State Mining Administration; Act of the Slovak Republic 44/1988 on protection and exploitation of natural resources; and Act 569/2007 on Geological Works. Electricity (ISIC 40, 4010; CPC 62271, 887 (other than advisory and consulting services)) With respect to Investment – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services –National Treatment, Local Presence: In AT (applies only to the regional level of government): With regard to transmission and distribution of electricity, authorisation is only granted to nationals of a Member State of the EEA domiciled in the EEA. If the operator appoints a managing director or a leaseholder, the domicile requirement is waived. Juridical persons (enterprises) and partnerships shall have their seat in the EEA. They shall appoint a managing director or a leaseholder, both of whom must be nationals of a Member State of the EEA domiciled in the EEA. The competent authority may waive the domicile and nationality requirements if the operation of the network is considered to be in the public interest (ISIC 40, CPC 887). Measures: AT: Burgenländisches Elektrizitätswesengesetz 2006, LGBl. No. 59/2006 as amended; Niederösterreichisches Elektrizitätswesengesetz, LGBl. Nr. 7800/2005 as amended; Landesgesetz, mit dem das Oberösterreichische Elektrizitätswirtschafts- und -organisationsgesetz 2006 erlassen wird (Oö. ElWOG 2006), LGBl. Nr. 1/2006 as amended; Salzburger Landeselektrizitätsgesetz 1999 (LEG), LGBl. Nr. 75/1999 as amended; Gesetz vom 16. November 2011 über die Regelung des Elektrizitätswesens in Tirol (Tiroler Elektrizitätsgesetz 2012 – TEG 2012), LGBl. Nr. 134/2011; Gesetz über die Erzeugung, Übertragung und Verteilung von elektrischer Energie (Vorarlberger Elektrizitätswirtschaftsgesetz), LGBl. Nr. 59/2003 as amended; Gesetz über die Neuregelung der Elektrizitätswirtschaft (Wiener Elektrizitätswirtschaftsgesetz 2005 – WElWG 2005), LGBl. Nr. 46/2005; Steiermärkisches Elektrizitätswirtschafts- und Organisationsgesetz (ELWOG), LGBl. Nr. 70/2005; Kärntner Elektrizitätswirtschafts-und Organisationsgesetz(ELWOG), LGBl. Nr. 24/2006; Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr. 411/1975, § 5(1) and (2), §§ 5 (1) and (3), 15, 16; and Gaswirtschaftsgesetz (Gas Act), BGBl. I No. 121/2000, amended in 2011Article 43 and 44, Articles 90 and 93. With respect to Cross-Border Trade in Services – Local Presence: In BE: Establishment within the EU is required (ISIC 4010, CPC 887). In CZ: For electricity generation, transmission, distribution, trading and other electricity market operator activities, as well as heat generation and distribution, authorisation is required. That authorisation may only be granted to a natural person with a residence permit or a juridical person established in the EU. Exclusive rights exist with regard to electricity and gas transmission and market operator licences (ISIC 40, CPC 7131, 62279, 742, 887). In LT: The licences for transmission, distribution, public supply and organising of trade of electricity may only be issued to legal persons of LT or branches of foreign legal persons or other organisations established in LT (ISIC 4010, CPC 62279, 887). This reservation does not apply to advisory or consultancy services related to the transmission and distribution on a fee or contract basis of electricity. In PL: The following activities are subject to licensing under the Energy Law Act: (i) the generation of electricity, except for generation of electricity using electricity sources of the total capacity of not more than 50 MW other than renewable energy sources; cogeneration of electricity using sources of the total capacity of not more than 5 MW other than renewable energy sources; (ii) the transmission or distribution of electricity; and (iii) the trade in electricity, except for the trade in electricity using installations of voltage lower than 1 kV owned by the customer; and the trade in electricity performed on commodity exchanges by brokerage houses which conduct the brokerage activity on the exchange commodities on the basis of the Act of 26 October 2000 on commodity exchanges. A licence may only be granted by the Competent Authority to an applicant that has registered their principal place of business or residence in the territory of a Member State of the EU, Member State of the EEA or the Swiss Confederation (ISIC 4010, CPC 62279, 63297, CPC 887). In PT: The activities of electricity transmission and distribution are carried out through exclusive concessions of public service. Concessions for the electricity sectors are assigned only to limited companies with their headquarters and effective management in PT (ISIC 4010, CPC 887). In SI: The production, trading, supply to final customers, transmission and distribution of electricity and natural gas is subject to establishment in the EU (ISIC 4010, 4020, CPC 7131, 887). In SK: An authorisation is required for the production, transmission and distribution of electricity, wholesale and retail of electricity, and related services incidental to energy distribution. For all these activities, an authorisation may only be granted to a natural person with permanent residency in a Member State of the EU or the EEA or a juridical person established in the EU or the EEA (ISIC 4010, CPC 62279, 887). In SI: The production, trading, supply to final customers, transmission and distribution of electricity and natural gas is subject to establishment in the EU (ISIC 4020, CPC 7131, 887). Fuels, gas, crude oil or petroleum products (ISIC 232, 4020; CPC 62271, 63297, 7131, 742, 887 (other than advisory and consulting services)) With respect to Investment – National Treatment and Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment and Local Presence: In AT: With regard to the transportation of gas, authorisation is only granted to nationals of a Member State of the EEA domiciled in the EEA. Enterprises and partnerships must have their seat in the EEA. The operator of the network must appoint a Managing Director and a Technical Director who is responsible for the technical control of the operation of the network, both of whom shall be nationals of a Member State of the EEA. The competent authority may waive the nationality and domiciliation requirements where the operation of the network is considered to be in the public interest. For the transportation of goods other than gas and water the following applies: With regard to natural persons, authorisation is only granted to EEA-nationals who must have a seat in Austria; and Enterprises and partnerships shall have their seat in AT. An economic needs test or interest test is applied. Cross border pipelines must not jeopardise AT's security interests and its status as a neutral country. Enterprises and partnerships shall appoint a managing director who shall be a national of a Member State of the EEA. The competent authority may waive the nationality and seat requirements if the operation of the pipeline is considered to be in the national economic interest (CPC 713). With respect to Cross-Border Trade in Services – Local Presence: In BE: For bulk storage services of gas, requirements exist regarding the types of legal entities and the treatment of public or private operators to which BE has conferred exclusive rights. Establishment within the EU is required for bulk storage services of gas (part of CPC 742). In general the supply of natural gas to customers (customers being both distribution companies and consumers whose overall combined consumption of gas arising from all points of supply attains a minimum level of one million cubic metres per year) established in BE is subject to an individual authorisation provided by the minister, except where the supplier is a distribution company using its own distribution network. That authorisation may only be granted to a natural or juridical person established in a Member State (ISIC 4020, CPC 7131). The pipeline transport of natural gas and other fuels is subject to an authorisation requirement. An authorisation may only be granted to a natural or juridical person established in a Member State (in accordance with Article 3 of the AR of 14 May 2002). Foreign enterprises controlled by natural persons or enterprises of a third country which accounts for more than 5 % of the EU's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity. If the authorisation is requested by an enterprise other than a branch or a representative office, that enterprise shall: (i) be established in accordance with Belgian law, the law of another Member State, or the law of a third country which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common rules for the internal market in natural gas; and (ii) hold its administrative seat, its principal establishment or its head office within a Member State or a third country which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common rules for the internal market in natural gas, provided that the activity of this establishment or head office represents an effective and continuous link with the economy of the country concerned (ISIC 4020, CPC 7131). In CZ: For gas generation, transmission, distribution, storage and trading, authorisation is required. That authorisation may only be granted to a natural person with a residence permit or a juridical person established in the EU. Exclusive rights exist with regard to gas transmission and market operator licences (ISIC 2320, 4020, CPC 7131, 63297, 742, 887). Steam and Hot Water Supply (ISIC 4030, CPC, 887). With respect to Cross-Border Trade in Services – Local Presence: In PL: The following activities are subject to licensing under the Energy Law Act: (i) the generation of steam and hot water energy, except for: cogeneration of heat using sources of the total capacity of not more than 5 MW other than renewable energy sources; generation of heat using the sources of the total capacity of no more than 5 MW; (ii) the transmission or distribution of heat, except where the total capacity ordered by customers does not exceed 5 MW; and (iii) trade in heat if the capacity ordered by the customers does not exceed 5 MW. A licence may only be granted by the Competent Authority to an applicant that has registered its principal place of business or residence in the territory of a Member State of the EU, a Member State of the EEA or the Swiss Confederation (ISIC 4030, CPC 887). In SK: An authorisation is required for production and distribution of steam and hot water, wholesale and retail of steam and hot water, and related services incidental to energy distribution. For all these activities, an authorisation may only be granted to a natural person with permanent residency in a Member State of the EU or the EEA or a juridical person established in the EU or the EEA (ISIC 4030, CPC 887). Measures: AT: Burgenländisches Elektrizitätswesengesetz 2006, LGBl. Nr. 59/2006 as amended; Niederösterreichisches Elektrizitätswesengesetz, LGBl. Nr. 7800/2005 as amended; Landesgesetz, mit dem das Oberösterreichische Elektrizitätswirtschafts- und -organisationsgesetz 2006 erlassen wird (Oö. ElWOG 2006), LGBl. Nr. 1/2006 as amended; Salzburger Landeselektrizitätsgesetz 1999 (LEG), LGBl. Nr. 75/1999 as amended; Gesetz vom 16. November 2011 über die Regelung des Elektrizitätswesens in Tirol (Tiroler Elektrizitätsgesetz 2012 – TEG 2012), LGBl. Nr. 134/2011; Gesetz über die Erzeugung, Übertragung und Verteilung von elektrischer Energie (Vorarlberger Elektrizitätswirtschaftsgesetz), LGBl. Nr. 59/2003 as amended; Gesetz über die Neuregelung der Elektrizitätswirtschaft (Wiener Elektrizitätswirtschaftsgesetz 2005 – WElWG 2005), LGBl. Nr. 46/2005; Steiermärkisches Elektrizitätswirtschafts- und Organisationsgesetz (ELWOG), LGBl. Nr. 70/2005; Kärntner Elektrizitätswirtschafts-und Organisationsgesetz(ELWOG), LGBl. Nr. 24/2006; Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr. 411/1975, § 5(1) and (2), §§ 5 (1) and (3), 15, 16; and Gaswirtschaftsgesetz 2011(Gas Act), BGBl. I Nr. 107/2011, articles 43 and 44, Articles 90 and 93. BE: Arrêté royal du 2 avril 2003 relatif aux autorisations de fourniture d'électricité par des intermédiaires et aux règles de conduite applicables à ceux-ci; and Arrêté royal du 12 juin 2001 relatif aux conditions générales de fourniture de gaz naturel et aux conditions d'octroi des autorisations de fourniture de gaz naturel. CZ: Act No. 458/2000 Coll on Business conditions and public administration in the energy sectors (The Energy Act). DK: Bekendtgørelse nr. 724 af 1. juli 2008 om indretning, etablering og drift af olietanke, rørsystemer og pipelines (Order on the arrangement, establishment and operation of oil tanks, piping systems and pipelines), no. 724 of 1 July 2008. LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973; and Law on electricity of the Republic of Lithuania of 20 July 2000 No VIII-1881. MT: EneMalta Act Cap. 272 and EneMalta (Transfer of Assets, Rights, Liabilities & Obligations) Act Cap. 536. NL: Elektriciteitswet 1998; Gaswet. PL: Energy Law Act of 10 April 1997, articles 32 and 33. SI: Energetski zakon (Energy Act) 2014), Official Gazette RS, nr. 17/2014; Mining Act (2014).
Appendix I-B-1. RESERVATIONS FOR EXISTING MEASURES LIST OF MEXICO
Reservations Applicable at Central Level
I-MX-1 Sector: All Subsector: Industry Classification: Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 27. Foreign Investment Law (Ley de Inversión Extranjera), Title II, Chapters I and II. Regulations to the Foreign Investment Law and the National Registry of Foreign Investments (Reglamento de la Ley de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title II, Chapters I and II. Description: Investment Foreign nationals or foreign enterprises may not acquire property rights (dominio directo) over land and water in a 100-kilometre strip along the country's borders or in a 50-kilometre strip inland from its coasts (Restricted Zone). Mexican enterprises without a foreigners exclusion clause may acquire property rights (dominio directo) over real estate located in the Restricted Zone, used for non-residential purposes. Notice of the acquisition shall be given to the Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores), (hereinafter referred to as "SRE") within 60 business days following the date of acquisition. Mexican enterprises without a foreigners exclusion clause may not acquire property rights (dominio directo) over real estate located in the Restricted Zone, used for residential purposes. Pursuant to the procedure described below, Mexican enterprises without a foreigners exclusion clause may acquire rights for the use and enjoyment over real estate in the Restricted Zone, used for residential purposes. That procedure shall also apply when foreign nationals or foreign enterprises seek to acquire rights for the use and enjoyment over real estate in the Restricted Zone regardless of the purpose for which the real estate is used. A permit from the SRE is required for credit institutions to acquire, as trustees, rights to real estate located in the Restricted Zone, when the purpose of the trust is to allow the use and enjoyment of that real estate, without granting real property rights thereof, and the trust beneficiaries are the Mexican enterprises without a foreigners exclusion clause, or the foreign nationals or foreign enterprises referred to above. The terms "use" and "enjoyment" of the real estate located in the Restricted Zone mean the rights to use and enjoy that real estate, including, as applicable, obtaining benefits, products and, in general, any yield resulting from lucrative operation and exploitation through third parties or through the credit institutions acting as trustees. The duration of the trust referred to in this entry shall be for a maximum period of 50 years, which may be renewed on request by the interested party. The SRE may verify at any time the compliance with the conditions under which the permits referred to in this entry are granted, as well as the submission and veracity of the notices mentioned above. The SRE shall decide on the permits, considering the economic and social benefits that these operations could have on the Nation. Foreign nationals or foreign enterprises seeking to acquire real estate outside the Restricted Zone shall previously submit to the SRE a statement agreeing to consider themselves Mexican nationals for the above mentioned purposes, and waiving the right to invoke the protection of their governments with respect to that real estate.
I-MX-2 Sector: All Sub-Sector: Industry Classification: Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title VI, Chapter III. Description: Investment The CNIE shall take into account the following criteria when evaluating the applications 3 submitted for its consideration: (a) effects on employment and training of workers; (b) technological contribution; (c) compliance with the environmental provisions set out in the environmental legislation; and (d) in general, contribution to increase the competitiveness of the Mexican productive system. When deciding on an application, the CNIE may only impose requirements that do not distort international trade and that are not prohibited by Article 10.9 (Performance Requirements).
I-MX-3 Sector: All Sub-Sector: Industry Classification: Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. As qualified by the Description element Description: Investment A favourable resolution from the CNIE is required for investors of the European Union or their investments to participate, directly or indirectly, in more than 49 % of the ownership interest of a Mexican enterprise, only when the total value of the assets of the Mexican enterprise exceeds the applicable threshold at the time the application for acquisition is submitted. The applicable threshold for the review of an acquisition of a Mexican enterprise shall be the amount determined by the CNIE. The threshold at the date of entry into force of this Agreement for Mexico shall be the equivalent in Mexican pesos to one billion US dollars, using the official exchange rate on 5 October 2015. Each year, the threshold shall be adjusted in accordance with the nominal growth rate of the Mexican gross domestic product, as published by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía).
I-MX-4 Sector: All Sub-Sector: Industry Classification: Obligations Concerned: National Treatment (Article 10.7) Senior Management and Board of Directors (Article 10.10) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 25. General Law of Cooperative Companies (Ley General de Sociedades Cooperativas), Title I and Title II, Chapter II. Federal Labour Law (Ley Federal del Trabajo), Title I. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Description: Investment No more than 10 % of the natural persons participating in a Mexican cooperative production enterprise may be foreign nationals. Investors of the European Union or their investments may only own up to 10 % of the ownership interest in a Mexican cooperative production enterprise. No foreign nationals may engage in general administrative functions or perform managerial activities in that enterprise. A cooperative production enterprise is an enterprise whose members join their personal work, whether physical or intellectual, with the purpose of producing goods or services.
I-MX-5 Sector: All Sub-Sector: Industry Classification: Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Federal Law to Foster the Microindustry and Handicraft Activity (Ley Federal para el Fomento de la Microindustria y la Actividad Artesanal), Chapters I to IV. Description: Investment Only Mexican nationals may apply for a licence (cédula) to qualify as a microindustry enterprise. Mexican microindustry enterprises may not have foreign persons as partners. The Federal Law to Foster the Microindustry and Handicraft Activity defines a "microindustry enterprise" as the enterprise integrated by up to 15 workers, that is engaged in the transformation of goods, and whose annual sales do not exceed the amount determined periodically by the SE.
I-MX-6 Sector: Agriculture, Livestock, Forestry and Lumber Activities Sub-Sector: Agriculture, Livestock or Forestry Industry Classification: CMAP 1111 Agriculture CMAP 1112 Livestock and Hunting (limited to livestock) CMAP 1200 Forestry and Logging Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 27. Agrarian Law (Ley Agraria), Title VI. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Description: Investment Only Mexican nationals or Mexican enterprises may own land for agriculture, livestock or forestry purposes. Those enterprises shall issue a special type of share ("T" share) representing the value of that land at the time of its acquisition. Investors of the European Union or their investments may only own up to 49 % of "T" shares.
I-MX-7 Sector: Retail Trade Sub-Sector: Sale of Non-Food Products in Specialised Establishments Industry Classification: CMAP 623087 Retail Trade of Firearms, Cartridges and Munitions CMAP 612024 Wholesale Trade Not Elsewhere Classified (limited to firearms, cartridges and munitions) Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Description: Investment Investors of the European Union or their investments may only own up to 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico that is engaged in the sale of explosives, firearms, cartridges, ammunition and fireworks, excluding the acquisition and use of explosives for industrial and extractive activities, and the preparation of explosive mixtures for those activities.
I-MX-8 Sector: Communications Sub-Sector: Broadcasting (radio and free to air television) 4 Industry Classification: CMAP 720006 Other Telecommunications Services (limited to satellite communications) CMAP 720006 Other Telecommunications Services (Not including Enhanced or Value Added Services) CMAP 502003 Telecommunications Installations CMAP 720006 Other Telecommunications Services (limited to resellers) CMAP 941104 Private Production and Transmission of Radio Programs (limited to production and transmission of sound broadcasting (radio) programs) CMAP 941105 Private Services of Production, Transmission and Retransmission of Television Programming (limited to transmission and retransmission of free-to-air television programming) Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Most-Favoured-Nation Treatment (Article 10.8) Local Presence (Article 11.5) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 28 and 32, and Fifth Transitory Provision. Federal Telecommunications and Broadcasting Law (Ley en Materia de Telecomunicaciones y Radiodifusión), Title III, Chapters I, III and VII; and Title X, Chapter II. General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapter III. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapters II and III. Regulations to the Foreign Investment Law and the National Registry for Foreign Investments (Reglamento de la Ley de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title VI. General Guidelines for the Granting of the Concessions Referred to in Title Four of the Federal Telecommunications and Broadcasting Law (Lineamientos Generales para el otorgamiento de las concesiones a que se refiere el Título Cuarto de la Ley en Materia de Telecomunicaciones y Radiodifusión). Description: Investment and Cross-Border Trade in Services In accordance with their purposes, sole concessions and frequency band concessions shall be granted only to Mexican nationals or Mexican enterprises constituted under Mexican law. Investors of the European Union or their investments may participate up to 49 % in concessionaire enterprises providing broadcasting services. That maximum foreign investment threshold shall be applied in accordance with the reciprocity existent with the country in which the investor or trader who ultimately controls it is constituted. For the purposes of the paragraph above, a favourable opinion of the CNIE is required before granting the sole concession for providing broadcasting services in which foreign investment participate. No concession, the rights conferred therein, facilities, auxiliary services, offices or accessories and properties affected thereto, may be assigned, encumbered, pledged or given in trust, mortgaged, or transferred totally or partially to any foreign government or state, under any circumstances. Concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, with the objective to promote, develop and preserve languages, culture, knowledge, traditions, identity and their internal rules that, in accordance with the principle of gender equality, enable the integration of indigenous women in the accomplishment of the purposes for which the concession is granted. Mexico shall guarantee that broadcasting promotes the values of national identity. The broadcasting concessionaires shall use and stimulate local and national artistic values and expressions of Mexican culture, in accordance with the characteristics of its programming. Daily programming with personal performances shall include more time covered by Mexican nationals.
I-MX-9 Sector: Communications Sub-Sector: Telecommunications (including resellers and restricted television and audio service) Industry Classification: CMAP 720006 Other Telecommunication Services CMAP 720006 Other Telecommunications Services (not including enhanced or value added services) CMAP 502003 Telecommunications Installation CMAP 720006 Other Telecommunications Services (limited to resellers) CMAP 502004 Other Special Installations Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Local Presence (Article 11.5) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 28 and 32. Federal Telecommunications and Broadcasting Law (Ley en Materia de Telecomunicaciones y Radiodifusión), Title III, Chapters I, III and VII; Title IV, Chapter X; and Title V, Chapter I. General Means of Communication Law (Ley de Vías Generales de Comunicación). Foreign Investment Law (Ley de Inversión Extranjera) Title I, Chapter II. Regulations to the Foreign Investment Law and the National Registry for Foreign Investments (Reglamento de la Ley de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title VI. General Guidelines for the Granting of the Concessions Referred to in Title Four of the Federal Telecommunications and Broadcasting Law (Lineamientos Generales para el otorgamiento de las concesiones a que se refiere el Título Cuarto de la Ley en Materia de Telecomunicaciones y Radiodifusión). Rules of general character that establish the terms and requirements for the granting of telecommunication authorisations established in the Federal Telecommunications and Broadcasting Law (Reglas de carácter general que establecen los plazos y requisitos para el otorgamiento de autorizaciones en material de telecomunicaciones establecidas en la Ley en Materia de Telecomunicaciones y Radiodifusión). General Guidelines on the Authorisation to Lease Radio Spectrum (Lineamientos Generales sobre la Autorización de Arrendamiento del Espectro Radioeléctrico). Guidelines for the granting of the Authorisation Registration, for the use and development of radio spectrum frequency bands for secondary use (Lineamientos para el otorgamiento de la Constancia de Authorización, para el uso y aprovechamiento de bandas de frecuencias del espectro radioeléctrico para uso secundario). Description: Investment and Cross-Border Trade in Services In accordance with their purposes, sole concessions and frequency band concessions shall be granted only to Mexican nationals or Mexican enterprises constituted under Mexican law. Concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, with the objective to promote, develop and preserve languages, culture, knowledge, traditions, identity and their internal rules that, in accordance with the principle of gender equality, enable the integration of indigenous women in the accomplishment of the purposes for which the concession is granted. Concessions for indigenous social use shall only be granted to indigenous people and indigenous communities in Mexico without any kind of foreign investment. No concession, the rights conferred therein, facilities, auxiliary services, offices or accessories and properties affected thereto, may be assigned encumbered, pledged or given in trust, mortgaged, or transferred totally or partially to any foreign government or state, under any circumstances. Only Mexican nationals and Mexican enterprises established under Mexican law may obtain authorisation to provide telecommunication services as a reseller without being a concessionaire. Under the General Guidelines on the Authorisation to Lease Radio Spectrum, any company interested in becoming a lessee of frequency bands shall obtain a sole concession for commercial use or a sole concession for private use. Applicants for an authorisation for secondary use of radio spectrum frequency bands shall appoint a legal address in Mexico City.
I-MX-10 Sector: Communications Sub-Sector: Transportation Industry Classification: CMAP 7100 Transport Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Ports Law (Ley de Puertos), Chapter IV. Regulatory Law of the Railway Service (Ley Reglamentaria del Servicio Ferroviario), Chapter II, Section III. Civil Aviation Law (Ley de Aviación Civil), Chapter III, Section III. Airports Law (Ley de Aeropuertos), Chapter IV. Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III. General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters III and V. Description: Investment No foreign governments or foreign states may invest, directly or indirectly, in Mexican enterprises engaged in transportation and other general means of communications.
I-MX-11 Sector: Transportation Sub-Sector: Land Transportation and Water Transportation Industry Classification: CMAP 501421 Construction of Maritime and River Works CMAP 501422 Construction of Roadworks and Works for Land Transport Obligations Concerned: Local Presence (Article 11.5) National Treatment (Article 11.6) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32. Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III. Ports Law (Ley de Puertos), Chapter IV. Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter II. Description: Cross-Border Trade in Services A concession granted by the SCT is required to build and operate, or only operate, marine or river works. A concession granted by the SCT is also required to build, operate, exploit, conserve or maintain federal roads and bridges. Only Mexican nationals and Mexican enterprises may obtain these concessions.
I-MX-12 Sector: Energy Sub-Sector: Oil and Other Hydrocarbons Exploration and Production. Transportation, treatment, refining, processing, storage, distribution, compression, liquefaction, decompression, regasification, sale to the public and commercialisation of hydrocarbons, petroleum products and petrochemicals, as well as the users of those products and services. Exportation and importation of hydrocarbons and petroleum products. Industry Classification: Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Performance Requirements (Article 10.9) Local Presence (Article 11.5) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 25, 27 and 28. Decree amending and supplementing various provisions of the Political Constitution of the United Mexican States on Energy (Decreto por el que se reforman y adicionan diversas disposiciones de la Constitución Política de los Estados Unidos Mexicanos, en materia de energía), published in the Official Journal on 31 October 2024. Hydrocarbons Sector Law (Ley del Sector de Hidrocarburos), Articles 1, 4, 6, 10 to 14, 17, 22, 24, 25, 26, 27, 31, 37 to 44, 54, 55, 56, 58, 65, 69, 74, 76, 82, 95, 96, 110, 118, 151, 153, 158, 162 and 163. Foreign Trade Law (Ley de Comercio Exterior). State Public Enterprise, Petróleos Mexicanos Law (Ley de la Empresa Pública del Estado, Petróleos Mexicanos), Articles 2, 8, 10, 11, 62, 65 and 79. Hydrocarbons Law Regulations (Reglamento de la Ley de Hidrocarburos), Articles 8, 9, 14, 16, 36, 37, 61, 92, 95, 96. Regulation of the activities referred to in Title Three of the Hydrocarbons Law (Reglamento de las actividades a que se refiere el Título Tercero de la Ley de Hidrocarburos), Article 51. Methodology for the Measurement of the National Content in the Entitlements and Exploration and Production Contracts of Hydrocarbons, and the permits in the Hydrocarbons Industry, issued by the Ministry of Economy (Metodología para la Medición del Contenido Nacional en Asignaciones y Contratos para la Exploración y Extracción de Hidrocarburos, así como para los permisos en la Industria de Hidrocarburos, emitida por la Secretaría de Economía). Agreement establishing the values for 2015 and 2025 of national content in the activities of Exploration and Extraction of Hydrocarbons in deep and ultra-deep waters, issued by the Ministry of Economy, published in the Official Gazette on 29 March 2016 (Acuerdo por el que se establecen los valores para 2015 y 2025 de contenido nacional en las actividades de Exploración y Extracción de Hidrocarburos en aguas profundas y ultra profundas, emitidos por la Secretaría de Economía). Description: Investment and Cross-Border Trade in Services The Nation has the direct, inalienable and imprescriptible ownership of all hydrocarbons in the subsoil of its territory, including the continental shelf and the exclusive economic zone located outside the territorial sea and adjacent thereto, in strata or deposits, regardless of their physical conditions. Only the Nation shall conduct the exploration and production of hydrocarbons, through entitlements or contracts. The exploration and production contracts shall invariably stipulate that the hydrocarbons in the subsoil are property of the Nation. The SENER may award entitlements to PEMEX for the exploration and production of hydrocarbons. In order to perform the activities related to the entitlements for self-development, PEMEX shall only execute service contracts with private parties. For the activities related to the entitlements for mixed development, PEMEX shall execute mixed contracts with private parties, with a percentage of participation interest of PEMEX of no less than forty percent. The SENER shall establish the appropriate contract model for each contractual area that undergoes a bidding process and is awarded in accordance with the law; for which it may choose among other contracting models such as services, profit-sharing, production-sharing or licenses. For contracts of exploration and production, PEMEX may enter into alliances or associations to participate in bidding processes, but it may not enter into public-private partnership contracts with private parties. The SENER may establish a direct participation for PEMEX in the contracts for exploration and production of hydrocarbons. The SENER shall establish a mandatory participation of PEMEX in the contracts for exploration and production of hydrocarbons when there is a possibility to find a transboundary reservoir. No bidding process shall be conducted in contracts for exploration and production for Natural Gas for self-consumption contained in coal seams and produced by it, which can be awarded directly to the mining concession holders. The exploration and production activities of hydrocarbons conducted in the national territory through entitlements and exploration and production contracts must comply with a minimum national content percentage goal on average. This national content average goal will not take into account exploration and production of hydrocarbons in deep-water and ultra-deep water projects, which have different national content requirements established by the SE with the opinion of the SENER considering the characteristics of those activities. The above mentioned mandate must comply with the methodology established by the Ministry of Economy, and must consider that it does not affect the competitive position of the PEMEX or any other state productive enterprises and other economic agents developing exploration and production of hydrocarbons. The Federal Executive shall establish safeguard zones in the areas in which the State decides to prohibit exploration and production activities, different from protected natural areas in which entitlements and contracts cannot be awarded. The Mexican Government shall include within the conditions for the entitlements and exploration and production contracts, as well as in the permits, that under the same circumstances of prices, quality and timely delivery, preference should be given to the purchase of domestic goods and the contracting of domestic services, including the training and hiring, at a technical and management level, of Mexican nationals. The activities of superficial exploration and recognition require an authorisation issued by the SENER, which does not grant rights for the exploration and production of hydrocarbons. The persons that have obtained an entitlement or an exploration and production contract do not require an authorisation for superficial exploration and recognition in the areas covered by the entitlement or exploration and production contract. The SENER or the CNE shall establish the permit models for the transportation, treatment, refining, processing, storage, distribution, compression, liquefaction, decompression, regasification, sale to the public, commercialisation, formulation and dispatch for self-consumption of hydrocarbons (including natural gas), petroleum or natural gas products (including gasoline and diesel), and petrochemicals, as appropriate, as well as the management of Integrated Systems, taking into account that permit-holders shall have an enterprise incorporated under Mexican law and be domiciled in Mexico. The permits for the exporting and importing of hydrocarbons and petroleum or natural gas products shall be issued in accordance with the Foreign Trade Law (Ley de Comercio Exterior), which requires permit-holders to have an enterprise incorporated under Mexican law and be domiciled in Mexico.
I-MX-13 Sector: Energy Sub-Sector: Industry Classification: CMAP 623090 Retail Trade of other Articles and Goods Not Elsewhere Classified (biofuel) Obligations Concerned: Performance Requirements (Article 10.9) Level of Government: Central Measures: Biofuels Law (Ley de Biocombustibles), Article 19. Description: Investment The SE shall establish the methodology to measure the degree of national content in biomass, either for direct use as biofuels or for the production of biofuels, as well as its verification.
I-MX-14 Sector: Energy Sub-Sector: Electricity Industry Classification: Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Performance Requirements (Article 10.9) Local Presence (Article 11.5) Level of Government: Central Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Articles 25, 27 and 28. Decree amending and supplementing various provisions of the Political Constitution of the United Mexican States on Energy (Decreto por el que se reforman y adicionan diversas disposiciones de la Constitución Política de los Estados Unidos Mexicanos, en materia de energía), published in the Official Journal on 31 October 2024. Electric Sector Law (Ley del Sector Eléctrico), Articles 1, 2, 4, 10, 12, 13, 39, 40, 44, 61, 108, 109, 132, and 151. State Public Enterprise, Federal Electricity Commission Law (Ley de la Empresa Pública del Estado, Comisión Federal de Electricidad), Articles 8, 65 and 81. Description: Investment and Cross-Border Trade in Services The planning and control of the national electrical system in accordance with Article 25, 27 and 28 of the Constitution, as well as the Public Service of transmission and distribution of electricity, correspond exclusively to the Nation; concessions will not be granted in these activities. The State public enterprise may contract with privates, among other activities, the installation, maintenance, and expansion of the infrastructure needed to provide the public service of transmission and distribution of electricity. The SE must establish the methodology to measure the degree of national content in the electricity sector. The SENER, with the opinion of the SE, may establish that, under the same circumstances, including price equality, quality and timely delivery, the contracts of the State public enterprise related to the development of infrastructure projects, mixed investment and those resulting from the mechanisms for the allocation of energy and associated products entered into by the participants of the electricity sector, shall give preference to the acquisition of national goods, and the contracting of services of national origin, including the training and hiring, at technical and management level, of persons of Mexican nationality. Where the private sector is allowed to participate in the other activities of the electrical industry, under no circumstances will it be permitted to take precedence over the State's public enterprise, whose essence is to fulfil its social responsibility and guarantee the continuity and accessibility of the public electricity service. The State public enterprise must maintain at least fifty-four percent of the average energy injected into the grid in a calendar year. The private sector may participate in the electric power generation process through mixed investment schemes, for which the State public enterprise must have a direct or indirect participation in the project of at least fifty-four percent. The basic supply of electricity can only be provided by the State public enterprise, at the lowest possible price. Regarding all other corporate activities of the CFE and its subsidiary enterprises, in accordance with the law of CFE, the Board of Directors shall issue regulations for the acquisition, leasing, contracting of services and execution of works. Among others, the Board may require minimum national content percentages in accordance with the nature of the contracting, the tariff regulation and the international treaties to which Mexico is a signatory. All permits granted under the Electric Sector Law shall be granted by the CNE. Permit-holders shall be natural persons or enterprises incorporated under Mexican law.
I-MX-15 Sector: Energy Sub-Sector: Hydrocarbons and Petroleum Products (supply of fuel and lubricants for aircraft, ships and railway equipment) Industry Classification: Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Description: Investment Investors of the European Union or their investments may own up to 49 % of the ownership interest of a Mexican enterprise which supplies fuel and lubricants for vessels, railway equipment and aviation fuels into plane supply.
I-MX-16 Sector: Printing, Editing and Associated Industries Sub-Sector: Newspaper publishing Industry Classification: CMAP 342001 Publishing of Newspapers, Magazines and Periodicals (limited to newspapers) Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. As qualified by the Description element. Description: Investment Investors of the European Union or their investments may only own up to 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico engaged in the printing or publication of daily newspapers written primarily for a Mexican audience and distributed in the territory of Mexico. For the purposes of this entry, daily newspapers are those whose distribution is not free and are published seven days a week.
I-MX-17 Sector: Manufacture of Goods Sub-Sector: Explosives, fireworks, firearms and cartridges Industry Classification: CMAP 352236 Manufacture of Explosives and Fireworks CMAP 382208 Manufacture of Firearms and Cartridges Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Description: Investment Investors of the European Union or their investments may only own up to 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico that manufactures explosives, fireworks, firearms, cartridges and ammunition, excluding the preparation of explosive mixtures for industrial and extractive activities.
I-MX-18 Sector: Fishing Sub-Sector: Fishing-related services Industry Classification: CMAP 1300 Fishing Obligations Concerned: National Treatment (Article 11.6) Most-Favoured-Nation Treatment (Article 11.7) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32. General Law on Sustainable Fishing and Aquaculture (Ley General de Pesca y Acuacultura Sustentables), Title Six, Chapter IV; and Title Seven, Chapter II. Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter I; Title II, Chapter IV; and Title Three, Chapter II. Ports Law (Ley de Puertos), Chapters I, IV and VI. Regulation to the Fishing Law (Reglamento de la Ley de Pesca), Title Two, Chapter I; and Chapter II, Sixth Section. Description: Cross-Border Trade in Services A permit issued by the SAGARPA through the National Commission of Aquaculture and Fishing (Comisión Nacional de Acuacultura y Pesca); or by the SCT, within the scope of their competence, is required to engage in fishing activities. A permit issued by the SAGARPA is required to carry out certain activities, such as fishing jobs needed to justify applications for a concession, and the installation of fixed fishing gear in federal waters. That permit shall be given preferentially to residents of local communities. In equal circumstances, applications of indigenous communities shall be preferred. An authorisation issued by the SCT is required for foreign-flagged vessels to provide dredging services. A permit issued by the SCT is required to provide port services related to fishing such as loading operations and supply to vessels, maintenance of communication equipment, electricity works, garbage or waste collection and sewage disposal. Only Mexican nationals and Mexican enterprises may obtain that permit.
I-MX-19 Sector: Fishing Sub-Sector: Fishing Industry Classification: CMAP 130011 Fishing on the High Seas CMAP 130012 Coastal Fishing CMAP 130013 Fresh Water Fishing Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: General Law on Sustainable Fishing and Aquaculture (Ley General de Pesca y Acuacultura Sustentables), Title VI, Chapter IV; Title VII, Chapter I; Title XIII, Unique Chapter; and Title XIV, Chapters I, II and III. Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title II, Chapter I. Federal Law of the Sea (Ley Federal del Mar), Title I, Chapters I and III. National Waters Law (Ley de Aguas Nacionales), Title I and Title IV, Chapter I. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Regulation to the Fishing Law (Reglamento de la Ley de Pesca), Title I, Chapter I; Title II, Chapters I, III to VI; and Title III, Chapters III and IV. Description: Investment Investors of the European Union or their investments may only own up to 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico performing coastal fishing, fresh water fishing and fishing in the exclusive economic zone, excluding aquaculture. A favourable resolution from the CNIE is required for investors of the European Union or their investments to own more than 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico performing fishing on the high seas.
I-MX-20 Sector: Educational Services Sub-Sector: Private schools Industry Classification: CMAP 921101 Private Pre-school Educational Services CMAP 921102 Private Primary Educational Services CMAP 921103 Private Secondary Educational Services CMAP 921104 Private High School Educational Services CMAP 921105 Private Higher Education Services CMAP 921106 Private Education Services that Combine Pre- school, Primary, Secondary, High School and Higher Education Levels Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Law for the Coordination of Higher Education (Ley para la Coordinación de la Educación Superior), Chapter II. General Law of Education (Ley General de Educación), Chapter III. Description: Investment A favourable resolution from the CNIE is required for investors of the European Union or their investments to own more than 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico that provides pre-school, primary, secondary, high school, higher or combined private educational services.
I-MX-21 Sector: Professional, Technical and Specialised Services Sub-Sector: Medical services Industry Classification: CMAP 9231 Medical, Dental and Veterinary Services provided by the Private Sector (limited to medical services) Obligations Concerned: National Treatment (Article 11.6) Level of Government: Central Measures: Federal Labour Law (Ley Federal del Trabajo), Chapter I. Description: Cross-Border Trade in Services Only Mexican nationals licensed as doctors in the territory of Mexico may supply in-house medical services in Mexican enterprises.
I-MX-22 Sector: Professional, Technical and Specialised Services Sub-Sector: Specialised personnel Industry Classification: CMAP 951012 Services of Customs and Representative Agencies Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Level of Government: Central Measures: Customs Law (Ley Aduanera), Title II, Chapters I and III, and Title VII, Chapter I. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II. Description: Investment and Cross-Border Trade in Services Only a Mexican national by birth may be a customs broker. Only customs brokers acting as consignees or legal representatives (mandatarios) of an importer or exporter, as well as customs brokers' assignees, may carry out the formalities related to the customs clearance of the goods of that importer or exporter. Investors of the European Union or their investments may not participate, directly or indirectly, in a customs broker's agency.
I-MX-23 Sector: Professional, Technical and Specialised Services Sub-Sector: Specialised services (Commercial Notary Public) Industry Classification: Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Local Presence (Article 11.5) Level of Government: Central Measures: Commercial Notary Public Federal Law (Ley Federal de Correduría Pública), Articles 7, 8, 12 and 15. Regulation to the Commercial Notary Public Federal Law (Reglamento de la Ley Federal de Correduría Pública), Chapter I and Chapter II, Sections I and II. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II. Description: Investment and Cross-Border Trade in Services Only a Mexican national by birth may be licensed to be a commercial notary public (corredor público). A commercial notary public may not have a business affiliation with any person for the supply of commercial notary public services. Commercial notaries public shall establish an office in the place where they have been authorised to practise. Only Mexican nationals and Mexican enterprises with foreigners exclusion clause may obtain that licence.
I-MX-24 Sector: Professional, Technical and Specialised Services Sub-Sector: Professional services Industry Classification: CMAP 951002 Legal Services (including foreign legal consultancy) Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Most-Favoured Nation Treatment (Articles 10.8 and 11.7) Level of Government: Central Measures: Regulatory Law of the Constitutional Article 5th relating to the Practice of Professions in the Federal District (Ley Reglamentaria del Artículo 5º Constitucional, relativo al Ejercicio de las Profesiones en el Distrito Federal), Chapter III, Section III; and Chapter V. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Description: Investment and Cross-Border Trade in Services A favourable resolution from the CNIE is required for investors of the European Union or their investments to own more than 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico that provides legal services. In the absence of an international treaty on the matter, the professional practice by foreign nationals shall be subject to reciprocity in the place of residence of the applicant and to compliance with the rest of the requirements established in Mexican law. Except as provided for in this entry, only lawyers licensed in Mexico may have an ownership interest in a law firm established in the territory of Mexico. Lawyers licensed to practise in the European Union shall be permitted to form a partnership with lawyers licensed in Mexico. The number of lawyers licensed to practise in the European Union serving as partners in a law firm in Mexico may not exceed the number of lawyers licensed in Mexico serving as partners of that law firm. Lawyers licensed to practise in the European Union may practise and provide legal consultations on Mexican law, whenever they comply with the requirements to practise as a lawyer in Mexico. A law firm established by a partnership of lawyers licensed to practise in the European Union and lawyers licensed to practise in Mexico may hire lawyers licensed in Mexico as employees. For greater certainty, this entry does not apply to the supply, on a temporary fly-in or fly-out basis, or through the use of online-based or telecommunications technology, of legal advisory services in foreign law and international law and, in relation to foreign and international law only, legal arbitration and conciliation or mediation services by foreign lawyers.
I-MX-25 Sector: Professional, Technical and Specialised Services Sub-Sector: Professional services Industry Classification: CMAP 9510 Provision of Professional, Technical and Specialised Services (limited to professional services) Obligations Concerned: National Treatment (Article 11.6) Most-Favoured-Nation Treatment (Article 11.7) Level of Government: Central Measures: Regulatory Law of the Constitutional Article 5th relating to the Practice of Professions in Mexico City (Ley reglamentaria del Artículo 5º Constitucional, relativo al Ejercicio de las Profesiones en la Ciudad de México), Chapter III, Section III, and Chapter V. Regulations to the Regulatory Law of the Constitutional Article 5th relating to the Practice of Professions in the Federal District (Reglamento de la Ley Reglamentaria del Artículo 5º Constitucional, relativo al Ejercicio de las Profesiones en el Distrito Federal), Chapter III. Population General Law (Ley General de Población), Chapter III. Description: Cross-Border Trade in Services Pursuant to the relevant international treaties of which Mexico is a party; foreign nationals may practice in Mexico City the professions set forth in the Regulatory Law of the Constitutional Article 5th relating to the Practice of Professions in Mexico City. In the absence of an international treaty on the matter, the professional practice by foreign nationals shall be subject to reciprocity in the place of residence of the applicant and to compliance with the rest of the requirements established in Mexican law.
I-MX-26 Sector: Religious Services Sub-Sector: Industry Classification: CMAP 929001 Services of Religious Organisations Obligations Concerned: Senior Management and Board of Directors (Article 10.10) Local Presence (Article 11.5) Level of Government: Central Measures: Religious Associations and Public Worship Law (Ley de Asociaciones Religiosas y Culto Público), Title II, Chapters I and II. Description: Investment and Cross-Border Trade in Services Representatives of religious associations in Mexico shall be Mexican nationals. Religious associations shall be associations constituted in accordance with the Religious Associations and Public Worship Law. Religious associations shall register before the Ministry of Internal Affairs (Secretaría de Gobernación, SEGOB). To be registered, the religious associations shall be established in Mexico.
I-MX-27 Sector: Agriculture Services Sub-Sector: Industry Classification: CMAP 971010 Provision of Agricultural Services Obligations Concerned: Local Presence (Article 11.5) National Treatment (Article 11.6) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32. Plant Health Federal Law (Ley Federal de Sanidad Vegetal), Title II, Chapter IV. Regulation to the Phytosanitary Law of the United Mexican States (Reglamento de la Ley de Sanidad Fitopecuaria de los Estados Unidos Mexicanos), Chapter VII. Description: Cross-Border Trade in Services A concession granted by the SAGARPA is required to spray pesticides. Only Mexican nationals and Mexican enterprises may obtain that concession.
I-MX-28 Sector: Transportation Sub-Sector: Air Transportation Industry Classification: CMAP 384205 Manufacture, Assembly and Repair of Aircraft (limited to repair of aircrafts) Obligations Concerned: Local Presence (Article 11.5) Level of Government: Central Measures: Civil Aviation Law (Ley de Aviación Civil), Chapter III, Section II. Civil Aviation Regulation (Reglamento de la Ley de Aviación Civil), Chapter VII. Description: Cross-Border Trade in Services A permit issued by the SCT is required to establish and operate, or operate and exploit, an aircraft repair facility and centres for teaching and training of personnel. To obtain that permission the interested party shall prove that the aircraft repair facilities and centres for teaching and training of personnel have their domicile in Mexico.
I-MX-29 Sector: Transportation Sub-Sector: Air transportation 5 Industry Classification: CMAP 973302 Airport and Heliport Management Services Obligations Concerned: National Treatment (Article 10.7) Local Presence (Article 11.5) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32. General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Civil Aviation Law (Ley de Aviación Civil), Chapters I and IV. Airports Law (Ley de Aeropuertos), Chapter III. Regulations to the Airports Law (Reglamento de la Ley de Aeropuertos), Title II, Chapters I, II and III. Description: Investment and Cross-Border Trade in Services A concession granted by the SCT is required to construct and operate, or operate, airports and heliports. Only Mexican enterprises may obtain that concession. A favourable resolution from the CNIE is required for investors of the European Union or their investments to own more than 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico that is a concessionaire or permissionaire of airfields for public service. When deciding, the CNIE shall favour the national and technological development and protect the sovereign integrity of the Nation.
I-MX-30 Sector: Transportation Sub-Sector: Air transportation 6 Industry Classification: CMAP 713001 Scheduled Air Transport Services on Domestically Registered Aircraft CMAP 713002 Non-Scheduled Air Transport (Air Taxis) Specialty Air Services Obligations Concerned: National Treatment (Article 10.7) Senior Management and Board of Directors (Article 10.10) Level of Government: Central Measures: Civil Aviation Law (Ley de Aviación Civil), Chapters IX and X. Regulation to the Civil Aviation Law (Reglamento de la Ley de Aviación Civil), Title II, Chapter I. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. As qualified by the Description element. Description: Investment and Cross-Border Trade in Services Investors of the European Union or their investments may only own up to 49 % of the voting interests in an enterprise established or to be established in the territory of Mexico that supplies a scheduled and non-scheduled domestic air transport service, a non-scheduled international air transport service in the modality of air taxi, or a specialty air service. The chairman and at least two thirds of the board of directors and two thirds of the managing officers of that enterprise shall be Mexican nationals. Only Mexican nationals and Mexican enterprises in which 51 % of the voting interest is owned or controlled by Mexican nationals and of which the chairman and at least two thirds of the managing officers are Mexican nationals, may register an aircraft in Mexico.
I-MX-31 Sector: Transportation Sub-Sector: Specialty Air Services 7 Industry Classification: Obligations Concerned: Local Presence (Article 11.5) Level of Government: Central Measures: General Means of Communications Law (Ley de Vías Generales de Comunicación), Book I, Chapter III. Civil Aviation Law (Ley de Aviación Civil), Chapters I, II, IV and IX. As qualified by the Description element. Description: Cross-Border Trade in Services A permit issued by the SCT is required to provide all specialty air services in the territory of Mexico. That permit may only be granted when the person interested in the supply of these services has a domicile in the territory of Mexico.
I-MX-32 Sector: Transportation Sub-Sector: Water Transportation Industry Classification: CMAP 973203 Maritime Port Administration, Lake and Rivers Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Ports Law (Ley de Puertos), Chapters IV and V. Regulation to the Ports Law (Reglamento de la Ley de Puertos) Title I, Chapters I and VI. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Description: Investment Investors of the European Union or their investments may only own up to 49 % of the ownership interest of a Mexican enterprise authorised to act as an integral port administrator.
I-MX-33 Sector: Transportation Sub-Sector: Water transportation Industry Classification: CMAP 384201 Manufacture and Repair of Vessels Obligations Concerned: Local Presence (Article 11.5) National Treatment (Article 11.6) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32. General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III. Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter II. Ports Law (Ley de Puertos), Chapter IV. Description: Cross-Border Trade in Services A concession granted by the SCT is required to establish and operate, or operate, a shipyard. Only Mexican nationals and Mexican enterprises may obtain that concession.
I-MX-34 Sector: Transportation Sub-Sector: Water transportation Industry Classification: CMAP 973201 Water Transport Loading and Unloading Services (includes operation and maintenance of docks; loading and unloading of vessels at shore-side; marine cargo handling; operation and maintenance of piers; ship and boat cleaning; stevedoring; transfer of cargo between ships and trucks, trains, pipelines and wharves; and waterfront terminal operations) Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Local Presence (Article 11.5) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32. Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter II; and Title II, Chapters IV and V. Ports Law (Ley de Puertos), Chapters II, IV and VI. General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III. Regulation to the Use and Enjoyment of the Territorial Sea, Water Ways, Beaches, Relevant Federal Coastal Zone and Lands Gained to the Sea (Reglamento para el Uso y Aprovechamiento del Mar Territorial, Vías Navegables, Playas, Zona Federal Marítimo Terrestre y Terrenos Ganados al Mar), Chapter II, Section II. As qualified by the Description element. Description: Investment and Cross-Border Trade in Services A favourable resolution from the CNIE is required for investors of the European Union or their investments to own more than 49 % of the ownership interest in an enterprise, established or to be established in the territory of Mexico providing port services to vessels for inland navigation such as towing, mooring and tendering. A concession granted by the SCT is required to construct and operate, or operate, maritime and inland port terminals, including docks, cranes and related facilities. Only Mexican nationals and Mexican enterprises may obtain that concession. A permit issued by the SCT is required to provide stevedoring and warehousing services. Only Mexican nationals and Mexican enterprises may obtain that permit.
I-MX-35 Sector: Transportation Sub-Sector: Water Transportation Industry Classification: CMAP 973203 Maritime and Inland (Lake and Rivers Ports Administration) Obligations Concerned: National Treatment (Article 10.7) Level of Government: Central Measures: Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title III, Chapter III. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Ports Law (Ley de Puertos), Chapters IV and VI. Description: Investment Investors of the European Union or their investments may only participate up to 49 % in Mexican enterprises engaged in the supply of piloting port services to vessels operating in inland navigation.
I-MX-36 Sector: Transportation Sub-Sector: Water transportation 8 Industry Classification: CMAP 712011 International Maritime Transportation Services CMAP 712012 Cabotage Maritime Services CMAP 712013 International and Cabotage Towing Services CMAP 712021 River and Lake Transportation Services CMAP 712022 Internal Port Water Transportation Services Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Most-Favoured Nation Treatment (Articles 10.8 and 11.7) Level of Government: Central Measures: Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title III, Chapter I. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Federal Law on Economic Competition (Ley Federal de Competencia Económica), Chapter IV. Description: Investment and Cross-Border Trade in Services The operation or exploitation of high-seas navigation vessels, including transport and international towing services is open to ship owners and vessels of all countries, on the basis of reciprocity in accordance with international treaties. The operation and exploitation of cabotage and inland navigation is reserved for Mexican ship owners with Mexican vessels. If Mexican vessels are not appropriate and available with the same technical conditions, or if it is required in the public interest, the SCT may provide temporary navigation permits to operate and exploit to Mexican ship-owners with a foreign vessel in accordance with the following priorities: (a) Mexican ship-owner with a foreign vessel under a bareboat charter party; and (b) Mexican ship-owner with a foreign vessel under any type of charter party. The operation and exploitation in inland navigation and cabotage of tourist cruises as well as dredges and maritime devices for the construction, preservation and operation of ports may be carried out by Mexican or foreign shipping enterprises using Mexican or foreign vessels or maritime devices, on the basis of reciprocity with the European Union or its Member States, endeavouring to give priority to Mexican enterprises and complying with applicable law. With the prior opinion of the National Antitrust Commission (Comisión Nacional Antimonopolio), the SCT may resolve that, certain cabotage navigation may only be totally or partially carried by Mexican shipping enterprises with Mexican vessels, or vessels reputed to be Mexican, in the absence of conditions of effective competition on the relevant market as per the terms of the Federal Law on Economic Competition (Ley Federal de Competencia Económica). Investors of the European Union or their investments may only own up to 49 % of the ownership interest in a Mexican shipping enterprise or Mexican vessels, established or to be established in the territory of Mexico, which is engaged in the commercial exploitation of vessels for inland and cabotage navigation, excluding tourism cruises and exploitation of dredges and maritime devices for the construction, preservation and operation of ports. A favourable resolution from the CNIE is required for investors of the European Union or their investments to own more than 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico engaged in high-seas navigation services and port towing services.
I-MX-37 Sector: Transportation Sub-Sector: Non-energy pipelines Industry Classification: Obligations Concerned: Local Presence (Article 11.5) National Treatment (Article 11.6) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32. General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III. National Waters Law (Ley de Aguas Nacionales), Title I, Chapter II, and Title IV, Chapter II. Description: Cross-Border Trade in Services A concession granted by the SCT is required to construct and operate, or operate, pipelines carrying goods other than energy or basic petrochemicals. Only Mexican nationals and Mexican enterprises may obtain that concession.
I-MX-38 Sector: Transportation Sub-Sector: Railway Transportation Services Industry Classification: CMAP 711101 Railway Transport Services Obligations Concerned: National Treatment (Article 10.7 and Article 11.6) Local Presence (Article 11.5) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III. Regulatory Law of the Railway Service (Ley Reglamentaria del Servicio Ferroviario) Chapters I and II, Section III. Regulation to the Railway Service (Reglamento del Servicio Ferroviario), Title I, Chapters I, II and III; Title II, Chapters I and IV; and Title III, Chapter I, Sections I and II. Description: Investment and Cross-Border Trade in Services A favourable resolution from the CNIE is required for investors of the European Union or their investments to participate in more than 49 % of the ownership interest of an enterprise established or to be established in the territory of Mexico engaged in the construction, operation and exploitation of railroads deemed general means of communication, or in the supply of railway transportation public service. When deciding, the CNIE shall consider that the national and technological development be favoured, and that the sovereign integrity of the Nation be protected. A concession granted by the SCT is required to construct, operate and exploit railway transportation services and to provide railway transportation public service. Only Mexican enterprises may obtain that concession. A permit issued by SCT is required to provide auxiliary services; the construction of entry and exit facilities, crossings and marginal facilities in the right of way; the installation of advertisements and publicity signs in the right of way; and the construction and operation of bridges over railway lines. Only Mexican nationals and Mexican enterprises may obtain that permit.
I-MX-39 Sector: Transportation Sub-Sector: Land transportation Industry Classification: CMAP 973101 Management Services of Passenger Bus Terminals and Auxiliary Services (limited to main bus and truck terminals and bus and truck stations) Obligations Concerned: Local Presence (Article 11.5) National Treatment (Article 11.6) Most-Favoured Nation Treatment (Article 11.7) Level of Government: Central Measures: Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III. Regulations to the Enjoyment of the Right of Way of the Federal Roads and Surrounding Zones (Reglamento para el Aprovechamiento del Derecho de Vía de las Carreteras Federales y Zonas Aledañas), Chapters II and IV. Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I. Description: Cross-Border Trade in Services A permit issued by the SCT is required to establish, or operate, a bus or truck station or terminal. Only Mexican nationals and Mexican enterprises may obtain that permit. To obtain that permit the interested party shall prove that they have their domicile in Mexico.
I-MX-40 Sector: Transportation Sub-Sector: Land transportation Industry Classification: CMAP 973102 Management Services of Roads, Bridges and Auxiliary Services Obligations Concerned: Local Presence (Article 11.5) National Treatment (Article 11.6) Level of Government: Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32. Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III. Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapters I and V. Description: Cross-Border Trade in Services A permit granted by the SCT is required to provide auxiliary services to federal road transportation. Only Mexican nationals and Mexican enterprises may obtain that permit. For greater certainty, auxiliary services are not part of federal road transportation of passengers, tourism or cargo, but they complement their operation and exploitation.
I-MX-41 Sector: Transportation Sub-Sector: Land transportation Industry Classification: CMAP 711201 Construction Materials Transport Services CMAP 711202 Moving Services CMAP 711203 Other Specialised Freight Transport Services CMAP 711204 General Freight Transport Services CMAP 711311 Long-Distance Passenger Bus and Coach Transport Services CMAP 711318 School and Tourist Transport Services (limited to tourist transport services) CMAP 720002 Courier services Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Local Presence (Article 11.5) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II. Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapters I and III. Regulation to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I. As qualified by the Description element. Description: Investment and Cross-Border Trade in Services Investors of the European Union or their investments may not acquire an ownership interest in an enterprise with a foreigner exclusion clause established or to be established in the territory of Mexico, engaged in road transportation services of domestic cargo between points in the territory of Mexico, except for parcel and courier services. A permit issued by the SCT is required to supply road transportation services of cargo, passengers or tourism. An investor of the European Union or its investments may own up to 100 % of the ownership interest in an enterprise established or to be established in the territory of Mexico to supply an inter-city bus service, a tourist transportation service or a road transportation service of international cargo between points in the territory of Mexico. Only Mexican nationals and Mexican enterprises with a foreigners exclusion clause, using Mexican registered equipment that is Mexican-built or legally imported into Mexico, and drivers who are Mexican nationals, may supply road transportation services of domestic cargo between points in the territory of Mexico. A permit issued by the SCT is required to supply parcel and courier services. Only Mexican nationals and Mexican enterprises may provide those services. I-
MX-42 Sector: Transportation Sub-Sector: Railway transportation services Industry Classification: CMAP 711101 Transport Services Via Railway (limited to railway crew) Obligations Concerned: National Treatment (Article 11.6) Level of Government: Central Measures: Federal Labour Law (Ley Federal del Trabajo), Title VI, Chapter V Description: Cross-Border Trade in Services Railway crew members must be Mexican nationals.
I-MX-43 Sector: Transportation Sub-Sector: Land transportation Industry Classification: CMAP 711312 Urban and Suburban Passenger Bus and Coach Transport Services CMAP 711315 Motor Vehicle Taxi Transport Services CMAP 711316 Motor Vehicle Fixed Route Transport Services CMAP 711317 Transport Services in Motor Vehicles from Taxi-Ranks CMAP 711318 School and Tourist Transport Services (limited to school transport services) Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II. General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I and II. Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III. Regulation to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I. Description: Investment and Cross-Border Trade in Services Only Mexican nationals and Mexican enterprises with a foreigners exclusion clause may supply local urban and suburban passenger bus services, school bus services, and taxi and other collective transportation services.
I-MX-44 Sector: Communications Sub-Sector: Entertainment services (Cinema) 9 Industry Classification: CMAP 941103 Private Exhibition of Films Obligations Concerned: Most-Favoured Nation Treatment (Articles 10.8 and 11.7) National Treatment (Article 11.6) Level of Government: Central Measures: Federal Cinematography Law (Ley Federal de Cinematografía), Chapter III. Regulation to the Federal Cinematography Law (Reglamento de la Ley Federal de Cinematografía), Chapter V. Description: Investment and Cross-Border Trade in Services Exhibitors shall reserve 10 % of the total screen time to the projection of national films.
Appendix I-B-2. RESERVATIONS FOR EXISTING MEASURES LIST OF MEXICO
Reservations Applicable at Sub-central Level Intentionally left blank _________________
ANNEX II. FUTURE 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 specific sectors, subsectors or activities for which that Party may maintain existing, or adopt new or more restrictive, measures 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 in 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 sectors, subsectors or activities listed in the entry;
(e) "description" sets out the scope of the sector, subsector or activities covered by the reservation; and
(f) "existing measures", if specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sector, subsector or activities covered by the reservation.
5. "Level of Government" in the List of Mexico indicates the level of government maintaining the specified measures.
6. In the interpretation of an entry, all elements of that entry shall be considered. The "description" element shall prevail over all other elements.
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. 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.
10. 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 Articles 10.7 (National Treatment) or 11.6 (National Treatment), or a market access limitation within the meaning of Articles 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.