11. The following abbreviations are used in the List of the European Union:
AT Austria
BE Belgium (1)
BG Bulgaria
CY Cyprus
CZ Czechia
DE Germany
DK Denmark
EE Estonia
EEA European Economic Area
EL Greece
ES Spain
EU European Union, including all its Member States
FI Finland (2)
FR France
HR Croatia
HU Hungary
IE Ireland
IT Italy
LT Lithuania
LU Luxembourg
LV Latvia
MT Malta
NL Netherlands
OECD Organisation for Economic Cooperation and Development
PL Poland
PT Portugal
RO Romania
SE Sweden
SI Slovenia
SK Slovakia
12. For greater certainty, for the European Union, the obligation to grant national treatment does not entail the requirement to extend to natural persons or enterprises of Mexico the treatment granted in a Member State to natural persons or enterprises of another Member State pursuant to the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU"), or to any measure adopted pursuant to the TFEU, including their implementation in the Member States. Pursuant to the TFEU, that treatment is granted only to enterprises constituted or organised in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Union, including those enterprises established within the European Union which are owned or controlled by natural persons or enterprises of Mexico.
13. For greater certainty, for the purposes of the List of Mexico, the terms "Nation" and "State" mean Mexico.
Appendix II-A. RESERVATIONS FOR FUTURE MEASURES LIST OF THE EU
List of reservations:
II-EU-1 – All sectors
II-EU-2 – Professional Services (all professions except health-related)
II-EU-3 – Professional Services – Health-related and Retail of Pharmaceuticals
II-EU-4 – Business Services – Research and Development Services
II-EU-5 – Business Services – Real Estate Services
II-EU-6 – Business Services – Rental or Leasing Services
II-EU-7 – Business Services – Collection Agency Services, Credit Reporting Services
II-EU-8 – Business Services – Placement services
II-EU-9 – Business Services – Security and Investigation Services
II-EU-10 – Business Services – Other Business Services
II-EU-11 – Telecommunication Services
II-EU-12 – Construction
II-EU-13 – Distribution Services
II-EU-14 – Education Services
II-EU-15 – Health and Social Services
II-EU-16 – Tourism and Travel Related Services
II-EU-17 – Recreational, Cultural and Sporting Services
II-EU-18 – Transport Services and Auxiliary Transport Services
II-EU-19 – Agriculture, Fishing and Water
II-EU-20 – Energy Related Activities
II-EU-21 – Other Services Not Included Elsewhere
II-EU-1 – All sectors Sector – Sub-sector: All sectors 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 Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Commercial presence With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In FI: Restrictions on the right for natural persons who do not enjoy regional citizenship in Åland, and for legal persons, to acquire and hold real property on the Åland Islands without obtaining permission from the competent authorities of the Åland Islands. Restrictions on the right of establishment and right to carry out economic activities by natural persons, who do not enjoy regional citizenship in Åland, or by any enterprise, without obtaining permission from the competent authorities of the Åland Islands. Existing measures: FI: Ahvenanmaan maanhankintalaki (Act on land acquisition in Åland) (3/1975), s. 2; and Ahvenanmaan itsehallintolaki (Act on the Autonomy of Åland) (1144/1991), s. 11. With respect to Investment – National Treatment, Performance Requirements, Senior Management and Board of Directors: In FR: Types of establishment – pursuant to Articles L151-1 and R153-1 of the financial and monetary code, foreign investments in FR in sectors listed in Article R153-2 of the financial and monetary code are subject to prior approval from the Minister for the Economy. Existing measures: FR: Financial and monetary code, Articles L151-1, R153-1. With respect to Investment – National Treatment, Senior Management and Board of Directors: In FR: Types of establishment - limiting foreign participation in newly privatised companies to a variable amount, determined by the government of FR on a case by case basis, of the equity offered to the public. For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not a holder of a permanent residence permit. With respect only to Investment – National Treatment: In BG: Certain economic activities related to the exploitation or use of State or public property are subject to concessions granted under the provisions of the Concessions Act. In commercial corporations in which the State or a municipality holds a share in the capital exceeding 50 %, any transactions for disposition of fixed assets of the corporation, to conclude any contracts for acquisition of participating interest, lease, joint activity, credit, securing of receivables, as well as incurring any obligations arising under bills of exchange, are subject to authorisation or permission by the Privatisation Agency or other state or regional bodies, whichever is the competent authority. This reservation does not apply to mining and quarrying, which are subject to Reservation I-A-16 (Energy-Related Activities) in Appendix I-A. In IT: The Government may exercise certain special powers in enterprises operating in the areas of defence and national security, and in certain activities of strategic importance in the areas of energy, transport and communications. This relates to all juridical persons carrying out activities considered of strategic importance in the areas of defence and national security, not only to privatised companies. If there is a threat of serious injury to the essential interests of defence and national security, the Government has the following special powers: (a) to impose specific conditions in the purchase of shares; (b) to veto the adoption of resolutions relating to special operations such as transfers, mergers, splitting up and changes of activity; or (c) to reject the acquisition of shares, where the buyer seeks to hold a level of participation in the capital that is likely to prejudice the interests of defence and national security. Any resolution, act or transaction (such as transfers, mergers, splitting up, change of activity or termination) relating to strategic assets in the areas of energy, transport and communications shall be notified by the concerned company to the Prime Minister's office. In particular, acquisitions by any natural or juridical person outside the EU that give this person control over the company shall be notified. The Prime Minister may exercise the following special powers: (a) to veto any resolution, act and transaction that constitutes an exceptional threat of serious injury to the public interest in the security and operation of networks and supplies; (b) to impose specific conditions in order to guarantee the public interest; or (c) to reject an acquisition in exceptional cases of risk to the essential interests of the State. The criteria on which to evaluate the real or exceptional threat and conditions and procedures for the exercise of the special powers are laid down in the law. Existing measures: IT: Law 56/2012 on special powers in companies operating in the field of defence and national security, energy, transport and communications; Decree of the Prime Minister DPCM 253 of 30.11.2012 defining the activities of strategic importance in the field of defence and national security. With respect to Investment – National Treatment, Most-Favoured-Nation Treatment, Performance Requirements, Senior Management and Board of Directors: In LT: Enterprises of strategic importance to national security with respect to ownership (proportion of capital which may be held by private national or foreign persons conforming to national security interests, with respect to investment into enterprise, sectors and facilities of strategic importance to national security, and procedure and criteria for determination of conformity of potential national investors and potential enterprise participants etc.). Existing measures: LT: Law on Enterprises and Facilities of Strategic Importance for National Security and Other Enterprises of Importance to Ensuring National Security of the Republic of Lithuania of 10 October 2002 No. IX-1132 (As last amended on 12 of January 2018 by Law No XIII 992). With respect to Investment – National Treatment, Senior Management and Board of Directors: In SE: Discriminatory requirements for founders, senior management and boards of directors when new forms of legal association are incorporated into Swedish law. (b) Acquisition of real estate With respect to Investment – National Treatment, Senior Management and Board of Directors: In HU: The acquisition of state-owned properties. With respect to Investment –National Treatment: In HU: The acquisition of arable land by foreign legal persons and non-resident natural persons, including with regard to the authorisation process for the acquisition of arable land. Existing measures: HU: Act CXXII of 2013 on the circulation of agricultural and forestry land (Chapter II (Paragraph 6-36) and Chapter IV (Paragraph 38-59)); Act CCXII of 2013 on the transitional measures and certain provisions related to Act CXXII of 2013 on the circulation of agricultural and forestry land (Chapter IV (Paragraph 8-20)). In LV: The acquisition of rural land by nationals of Mexico or of a third country, including with regard to the authorisation process for the acquisition of rural land. Existing measures: LV: Law on land privatisation in rural areas, ss. 28, 29, 30. In SK: Foreign companies or natural persons shall not acquire agricultural and forest land outside the border of the built-up area of a municipality and some other land, such as natural resources, lakes, rivers and public roads. Existing measures: SK: Act No. 44/1988 on protection and exploitation of natural resources; Act No. 229/1991 on regulation of the ownership of land and other agricultural property; Act No. 460/1992 Constitution of the Slovak Republic; Act No. 180/1995 on some measures for land ownership arrangements; Act No. 202/1995 on Foreign Exchange; Act No. 503/2003 on restitution of ownership to land; Act No. 326/2005 on Forests; and Act No. 140/2014 on the acquisition of ownership of agricultural land. With respect to Investment – National Treatment: In BG: Foreign natural and foreign juridical persons (including through a branch) shall not acquire ownership of land in BG. Juridical persons of BG with foreign participation shall not acquire ownership of agricultural land. Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited property rights (right to use, right to build, right to raise a superstructure and servitudes) of real estate. Foreign citizens with permanent residence abroad, foreign juridical persons and companies in which foreign participation ensures a majority in adopting decisions or blocks the adoption of decisions, can acquire real estate property rights in specific geographic regions designated by the Council of Ministers subject to permission. Existing measures: BG: Constitution of the Republic of Bulgaria, Article 22; Law on Ownership and Use of Agricultural Land, Article 3; and Law on Forests, Article 10. In EE: Natural or legal persons from outside the European Economic Area (hereinafter referred to as "EEA") or the OECD may acquire immovable property which contains agricultural or forest land only with the authorisation of the county governor and from 1 January 2018 with the authorisation of the municipal council, and they shall be able to prove in a way prescribed by law that the immovable property to be acquired will, according to its intended purpose, be used efficiently, sustainably and purposefully. Existing measures: EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act) Chapter 2 and 3. With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In LT: Any measure which is consistent with the commitments taken by the EU and which are applicable in LT through the General Agreement on Trade in Services (GATS) with respect to land acquisition. The land plot acquisition procedure, terms and conditions, as well as restrictions shall be established by the Constitutional Law, the Law on Land and the Law on the Acquisition of Agricultural Land. However, local governments (municipalities) and other national entities of Members of the OECD and North Atlantic Treaty Organization (NATO) conducting economic activities in LT, which are specified by the constitutional law in compliance with the criteria of EU and other integration which LT has embarked on, are permitted to acquire into their ownership non-agricultural land plots required for the construction and operation of buildings and facilities necessary for their direct activities. Existing measures: LT: Constitution of the Republic of Lithuania; The Constitutional Law of the Republic of Lithuania on the Implementation of Paragraph 3 of Article 47 of the Constitution of the Republic of Lithuania of 20 June 1996, No. I-1392 as last amended 20 March 2003, No. IX-1381; Law on land, of 27 January 2004, No. IX-1983; and Law on acquisition of agricultural land of 24 April 2014, No. XII-854. (c) Recognition With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In the EU: The EU directives on mutual recognition of diplomas and other professional qualification only apply to citizens of the EU. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State. (d) Most-Favoured-Nation Treatment With respect to Investment – Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – Most-Favoured-Nation Treatment: In the EU: According differential treatment pursuant to any international investment treaties or other trade agreement in force or signed prior to the date of entry into force of this Agreement. In the EU: According differential treatment to a country pursuant to any existing or future bilateral or multilateral agreement which: (a) creates an internal market in services and investment; (b) grants the right of establishment; or (c) requires the approximation of legislation in one or more economic sectors. An internal market on services and establishment means an area without internal frontiers in which the free movement of services, capital and persons is ensured. The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the regional economic integration agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the regional economic integration agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the country where the establishment takes place. The approximation of legislation means: (a) the alignment of the legislation of one or more of the parties to the regional economic integration agreement with the legislation of the other party or parties to that agreement; or (b) the incorporation of common legislation into the law of the parties to the regional economic integration agreement. That approximation of legislation shall take place, and shall be deemed to have taken place, only at the time that it has been enacted in the law of the party or parties to the regional economic integration agreement. Existing measures: The EU: European Economic Area (EEA) Agreement; Stabilisation Agreements; EU-Swiss Confederation bilateral agreements; and Deep and Comprehensive Free Trade Agreements. In the EU: According differential treatment relating to the right of establishment to nationals or enterprises through existing or future bilateral agreements between the following Member States: BE, DE, DK, EL, ES, FR, IE, IT, LU, NL and PT, and any of the following countries or principalities: Andorra, Monaco, San Marino and the Vatican City State. In DK, FI and SE: Measures taken by DK, FI and aimed at promoting Nordic cooperation, such as: (a) financial support to research and development (R&D) projects (the Nordic Industrial Fund); (b) funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and (c) financial assistance to companies 12 utilising environmental technology (the Nordic Environment Finance Corporation). This reservation is without prejudice to the exclusion of procurement by a Party or subsidies in paragraph 2 of Article 11.2 (Scope) and paragraph 2 of Article 10.5 (Scope), respectively. In PL: Preferential conditions for establishment or the cross-border supply of services, which may include the elimination or amendment of certain restrictions embodied in the list of reservations applicable in PL, may be extended through commerce and navigation treaties. In PT: Waiving nationality requirements for the exercise of certain activities and professions by natural persons supplying services for countries in which Portuguese is the official language (Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique and São Tomé and Principe). (e) Arms, munitions and war material With respect to Investment – National Treatment, Most-Favoured-Nation Treatment, Performance Requirements, Senior Management and Board of Directors, and Cross-Border Trade in Services –National Treatment, Most-Favoured-Nation Treatment, Local Presence: In the EU: Production or distribution of, or trade in, arms, munitions and war material. War material is limited to any product which is solely intended and made for military use in connection with the conduct of war or defence activities.
II-EU-2 – Professional Services (all professions except health-related) Sector – Sub-sector: Professional services – legal services: services of notaries and by bailiffs, accounting and bookkeeping services; auditing services, taxation advisory services, architecture and urban planning services, engineering services, and integrated engineering services Industry Classification: Part of CPC 861, part of CPC 87902, 862, 863, 8671, 8672, 8673, 8674, part of CPC 879 Obligations Concerned: National Treatment Senior Management and Board of Directors Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Legal services The EU, with the exception of SE, reserves the right to adopt or maintain any measure with respect to the supply of legal advisory and legal authorisation, documentation, and certification services supplied by legal professionals entrusted with public functions, such as notaries, "huissiers de justice" or other "officiers publics et ministériels", and with respect to services supplied by bailiffs who are appointed by an official act of government (part of CPC 861, part of 87902). With respect to Investment – Most-favoured-Nation Treatment; and Cross-Border Trade in Services – Most-Favoured-Nation Treatment: In BG: Full national treatment on the establishment and operation of companies, as well as on the supply of services, may be extended only to companies established in, and citizens of, the countries with whom preferential arrangements have been or will be concluded (part of CPC 861). In LT: Attorneys from foreign countries can participate as advocates in court only in accordance with bilateral agreements (part of CPC 861). (b) Auditing services (CPC 86211, 86212 other than accounting and bookkeeping services) With respect to Cross-Border Trade in Services – National Treatment: In BG: An independent financial audit shall be implemented by registered auditors who are members of the Institute of the Certified Public Accountants. Subject to reciprocity, the Institute of the Certified Public Accountants shall register an audit entity of Mexico or of a third country upon the latter furnishing proof that: (a) three-fourths of the members of the management bodies and the registered auditors carrying out audit on behalf of the entity meet requirements equivalent to those for Bulgarian auditors and have passed successfully the examinations for it; (b) the audit entity carries out independent financial audit in accordance with the requirements for independence and objectivity; and (c) the audit entity publishes on its website an annual transparency report or performs other equivalent requirements for disclosure in case it audits public-interest entities. Existing Measures: BG: Independent Financial Audit Act. With respect to Investment – National Treatment, Senior Management and Board of Directors: In CZ: Only an enterprise in which at least 60 % of capital interests or voting rights are reserved to nationals of CZ or of the Member States may be authorised to carry out audits in CZ. Existing Measures: CZ: Law of 14 April 2009 No. 93/2009 Coll., on Auditors. (c) Architecture and urban planning services (CPC 8674) With respect to Cross-Border Trade in Services – National Treatment: In HR: The cross-border supply of urban planning.
II-EU-3 – Professional Services – Health-related and Retail of Pharmaceuticals Sector – Sub-sector: Professional services – health related professional services and retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by pharmacists Industry Classification: CPC 63211, 85201, 9312, 9319, 93121 Obligations Concerned: National Treatment Performance Requirements Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Medical and dental services; services provided by midwives, nurses, physiotherapists, psychologists and paramedical personnel (CPC 63211, 85201, 9312, 9319, 932) In FI: The supply of all health-related professional services, whether publicly or privately funded, including medical and dental services, services supplied by midwives, physiotherapists and paramedical personnel, and services supplied by psychologists, excluding services supplied by nurses (CPC 9312, 93191). In BG: The supply of all health-related professional services, including medical and dental services, services supplied by nurses, midwives, physiotherapists and paramedical personnel, and services supplied by psychologists (CPC 9312, part of 9319). Existing Measures: FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990). BG: Law for Medical Establishment, Professional Organisation of Medical Nurses, Midwives and Associated Medical Specialists Guild Act. With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In CZ and MT: The supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, psychologists, as well as other related services (CPC 9312, part of 9319). Existing Measures: CZ: Act No. 296/2008 Coll., on Safeguarding the Quality and Safety of Human Tissues and Cells Intended for Use in Man; Act No. 378/2007 Coll., on Pharmaceuticals and on Amendments to Some Related Acts; Act. 123/2000 Coll., on Medical Devices; and Act. 285/2002 Coll., on the Donating, Taking and Transplanting of Tissues and Organs and on Amendment to Certain Acts (Transplantation Act). With respect to Cross-Border Trade in Services – National Treatment: The EU, with the exception of NL and SE: The supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics and psychologists, requires residency. These services may only be supplied by natural persons physically present in the territory of the EU (CPC 9312, part of 93191). In BE: The cross-border supply of medical, dental and midwives services and services supplied by nurses, physiotherapists, psychologists and paramedical personnel. (b) Veterinary Services (CPC 932) With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In BG: A veterinary medical establishment may be established by a natural or a legal person. The practice of veterinary medicine is subject to a condition of nationality of a Member State of the EU or the European Economic Area (hereinafter referred to as "EEA"), otherwise a permanent residence permit is required for foreign nationals (physical presence is required). With respect to Cross-Border Trade in Services – National Treatment: In BE and LV: Cross-border supply of veterinary services. (c) Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by pharmacists (CPC 63211) With respect to Investment – National Treatment, Performance Requirements, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment: In FI: Retail sales of pharmaceutical products and of medical and orthopaedic goods. With respect to Investment – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment: In SE: Retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the general public. With respect to Cross-Border Trade in Services – Local Presence: The EU, with the exception of BE, BG, EE, ES, IE and LT: Mail order is only possible from Member States of the EEA, thus establishment in any of these countries is required for the retail of pharmaceuticals and specific medical goods to the general public in the EU. In BE: Mail order is only authorised for pharmacies open to the public, thus establishment in BE is required for the retail of pharmaceuticals and specific goods to the general public. In BG and EE: The mail order of pharmaceuticals is prohibited. In IE, LT and ES: The mail order of pharmaceuticals requiring a prescription is prohibited. Existing measures: AT: Arzneimittelgesetz (Medication Act), BGBl. No. 185/1983 as amended, §§ 57, 59, 59a; and Medizinproduktegesetz (Medical Products Law), BGBl. No. 657/1996 as amended, § 99. BE: Arrêté royal du 21 janvier 2009 portant instructions pour les pharmaciens; and Arrêté royal du 10 novembre 1967 relatif à l’exercice des professions des soins de santé. FI: Lääkelaki (Medicine Act) (395/1987). SE: Law on trade with pharmaceuticals (2009:336); Regulation on trade with pharmaceuticals (2009:659); and Other regulations adopted by the Swedish Medical Products Agency (the details can be found at LVFS 2009:9).
II-EU-4 – Business Services – Research and Development Services Sector – Sub-sector: Business services – research and development services Industry Classification: CPC 851, 852, 853 Obligations Concerned: National Treatment Chapter: Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: In RO: Cross-border supply of research and development services. Existing Measures: RO: Governmental Ordinance No. 6 / 2011; Order of Minister of Education and Research No. 3548 / 2006; and Governmental Decision No. 134 / 2011.
II-EU-5 – Business Services – Real Estate Services Sector – Sub-sector: Business services – real estate services Industry Classification: CPC 821, 822 Obligations Concerned: National Treatment Chapter: Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: In CZ and HU: Cross-border supply of real estate services.
II-EU-6 – Business Services – Rental or Leasing Services Sector – Sub-sector: Business services – rental or leasing services without operators Industry Classification: CPC 832 Obligations Concerned: National Treatment Chapter: Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: In BE and FR: Cross-border supply of leasing or rental services without operator concerning personal and household goods.
II-EU-7 – Business Services – Collection Agency Services, Credit Reporting Services Sector – Sub-sector: Business services – collection agency services, credit reporting services Industry Classification: CPC 87901, 87902 Obligations Concerned: National Treatment Chapter: Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: The EU, with the exception of ES, LV and SE: Supply of collection agency services and credit reporting services.
II-EU-8 – Business Services – Placement services Sector – Sub-sector: Business services – placement Services Industry Classification: CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209 Obligations Concerned: National Treatment Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: With the exception of HU and SE: The supply of placement services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209). With the exception of BE, HU and SE: To require establishment and to prohibit the cross-border supply of placement services of office support personnel and other workers. In AT, BG, CY, CZ, EE, FI, MT, PL, PT, RO, SK and SI: The establishment of placement services of office support personnel and other workers. In LV and LT: The supply of placement services of office support personnel. In DE and IT: To restrict the number of suppliers of placement services. In FR: These services can be subject to a state monopoly. In DE: The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of non-European Union and non-EEA personnel for specified professions (CPC 87202). In AT, BG, CY, CZ, DE, EE, FI, LT, LV, MT, PL, PT, RO, SI and SK: The supply of supply services of office support personnel. In FR, IE, IT and NL: To require establishment and to prohibit the cross-border supply of supply services of office personnel. In IT: To restrict the number of suppliers of supply services of office personnel. (87203) In BG, CY, CZ, DE, EE, FI, MT, LV, LT, PL, PT, RO, SK, SI: The supply of executive search services. In IE: To require establishment and to prohibit the cross-border supply of the supply of executive search services (87201). Existing measures: AT: §§97 and 135 of the Austrian Trade Act (Gewerbeordnung); Federal Law Gazette Nr. 194/1994 as amended; Temporary Employment Act (Arbeitskräfteüberlassungsgesetz/AÜG); and Federal Law Gazette Nr. 196/1988 as amended. BG: Law for Promotion of the Employability, Articles 26, 27, 27a and 28. CY: Private Employment Agency Law 150(I)/2013 issued on the 6/12/2013; and Private Employment Agency Law No. 126(I)/2012. CZ: Act on Employment (435/2004). DE: Sec. 38, Employment Regulation (Beschäftigungsverordnung); and Sec. 292 Social Code No. III Employment Promotion (Drittes Buch Sozialgesetzbuch, SGB III). DK: §§ 8a – 8f in law decree No. 73 of 17th of January 2014 and specified in decree No. 228 of 7th of March 2013 (employment of seafarers); and Employment Permits Act 2006. S1(2) and (3). EL: Law 4052/2012 (Official Government Gazette 41 ?) as amended to some of its provision by the law ?o. 4093/2012 (Official Government Gazette 222 ?). FI: Laki julkisesta työvoima- ja yrityspalvelusta (Act on Public Employment and Enterprise Service) (916/2012). HR: Act on Employment Mediation and Unemployment Rights (OG 80/08, 121/10, 118/12 and 153/13); Ordinance on performance of activities related to employment (OG 8/14); Labour Act (OG 93/14) Articles 44 to 47; and Aliens Act (OG 130/11 and 74/12) for employment of aliens in Croatia. IE: Employment Permits Act 2006. S1(2) and (3). IT: Legislative Decree 276/2003 Articles 4 and 5. LT: Lithuanian Labour Code, and Law of the Republic of Lithuania on Temporal Employment Agencies of 19 of May 2011 No. XI 1379, Last amendment 11 of April 2013 No XII-230. LU: Loi du 18 janvier 2012 portant création de l'Agence pour le développement de l’emploi) (Law of 18 January 2012 concerning the creation of an agency for employment development – ADEM). MT: Employment and Training Services Act, (Cap 343) (Art. 23 to 25), Employment Agencies Regulations (S.L. 343.24). PL: Article 18 of the Act of 20 April 2004 on the promotion of employment and labour market institutions (Dz. U. of 2015, Item. 149, as amended). PT: Decree-Law No. 260/2009 of 25 September, as amended by Law No. 5/2014 of 12 February (access and provision of services by placement agencies). RO: Law No. 156/2000 on the protection of Romanian citizens working abroad, republished; Government Decision No. 384/2001 for approving the methodological norms for applying the Law No. 156/2000, with subsequent amendments; Ordinance of the Government No. 277/2002, as modified by Government Ordinance No. 790/2004 and Government Ordinance No. 1122/2010; Law No. 53/2003 – Labour Code, republished, with subsequent amendments and supplement; and Government Decision No. 1256/2011 on the operating conditions and authorisation procedure for temporary work agency. SI: Labour market regulation act (Official Gazette of RS, No. 80/2010, 21/2013, 63/2013, 55/2017), Employment; Self-employment and Work of Aliens Act – ZZSDT (Official Gazette of RS, No. 47/2015), ZZSDT-UPB2 (Official Gazette of RS, No. 1 /2018). SK: Act No. 5/2004 on Employment Services and to Act No. 455/1991 on Trade Licensing.
II-EU-9 – Business Services – Security and Investigation Services Sector – Sub-sector: Business services – security and investigation services Industry Classification: CPC 87301, 87302, 87303, 87304, 87305, 87309 Obligations Concerned: National Treatment Performance Requirements Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Security services (CPC 87302, 87303, 87304, 87305, 87309) With respect to Investment – National Treatment, Performance Requirements, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment: In BG, CY, CZ, EE, LT, LV, MT, PL, RO, SI and SK: The supply of security services. In DK, HR and HU: The supply of the following subsectors: guard services (87305) in HR and HU, security consultation services (87302) in HR, airport guard services (part of 87305) in DK and armoured car services (87304) in HU. In BE, ES, FI, FR and PT: The supply of security services by a foreign service supplier on a cross-border basis is not allowed. Nationality requirements exist for specialised personnel in PT, for private security personnel in ES, and for managing directors and directors in FR. With respect to Investment – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment, Local Presence: In FI: Licences to supply security services may be granted only to natural persons resident in the European Economic Area (hereinafter referred to as "EEA") or juridical persons established in the EEA. In BE: EU nationality is required for boards of directors of companies supplying guard and security services (87305) as well as consultancy and training relating to security services (87302). In BE: The senior management of companies supplying guard and security consultancy services and all agents are required to be resident nationals of a Member State. Existing measures: BE: Loi réglementant la sécurité privée et particulière, 2 Octobre 2017. BG: Private Security Business Act. CZ: Trade Licensing Act. DK: Regulation on aviation security. FI: Laki yksityisistä turvallisuuspalveluista 282/2002 (Private Security Services Act). LT: Law on security of Persons and Assets 8 July 2004 No. IX-2327 (to be amended). LV: Security Guard Activities Law (Sections 6, 7, 14). PL: Act of 22 August 1997 on the protection of persons and property (Journal of Laws of 2016, item 1432 as amended). PT: Law 34/2013 and Ordinance 273/2013. SI: Zakon o zasebnem varovanju (Law on private security). (b) Investigation services (CPC 87301) The EU, with the exception of AT and SE: The supply of investigation services.
II-EU-10 – Business Services – Other Business Services Sector – Sub-sector: Business services – other business services (translation and interpretation services, duplicating services, services incidental to energy distribution and services incidental to manufacturing) Industry Classification: CPC 87905, 87904, 884, 887 Obligations Concerned: National Treatment Senior Management and Board of Directors Most-Favoured-Nation Treatment Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Translation and interpretation services (CPC 87905) With respect only to Cross-Border Trade in Services – National Treatment: In HR: Cross-border supply of translation and interpretation of official documents. (b) Services incidental to energy distribution and services incidental to manufacturing (Part of CPC 884, 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: In HU: Services incidental to energy distribution and to the cross-border supply of services incidental to manufacturing, with the exception of advisory and consulting services relating to these sectors. (c) Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof (part of CPC 86764, CPC 86769, 8868) With respect to Cross-Border Trade in Services – National Treatment: In the EU, with the exception of DE, EE and HU: To require establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of rail transport equipment from outside its territory. In the EU, with the exception of CZ, EE, HU, LU and SK: To require establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of internal waterways transport vessels from outside its territory. In the EU, with the exception of EE, HU and LV: To require establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of maritime vessels from outside its territory. In the EU, with the exception of AT, EE, HU, LV and PL: To require establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of aircraft and parts thereof from outside its territory (Part of CPC 86764, CPC 86769, CPC 8868). In the EU: Only recognised organisations authorised in the EU may carry out statutory surveys and certification of ships on behalf of Member States. Establishment may be required. Existing measures: The EU: Regulation (EC) No 391/2009 of the European Parliament and the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations. (d) Other business services related to aviation With respect to Investment Liberalisation – Most-Favoured-Nation Treatment; and Cross-border Trade in Services – Most-Favoured-Nation Treatment: The EU: According differential treatment to a third country pursuant to existing or future bilateral agreements relating to the following services: (i) the selling and marketing of air transport services; (ii) computer reservation system (CRS) services; (iii) maintenance and repair of aircrafts and parts; or (iv) rental or leasing of aircraft without crew.
II-EU-11 – Telecommunication Services Sector – Sub-sector: Telecommunication services – satellite broadcast transmission services Industry Classification: Obligations Concerned: National Treatment Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: In BE: Satellite broadcast transmission services.
II-EU-12 – Construction Sector – Sub-sector: Construction – construction services Industry Classification: CPC 51 Obligations Concerned: National Treatment Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: In LT: The right to prepare design documentation for construction works of exceptional significance is only given to a design enterprise registered in LT, or to a foreign design enterprise which has been approved by an institution authorised by the Government of LT for those activities. The right to perform technical activities in the main areas of construction may be granted to a non-Lithuanian person who has been approved by an institution authorised by the Government of LT.
II-EU-13 – Distribution Services Sector – Sub-sector: Distribution services Industry Classification: CPC 62117, 62251, 8929, part of 62112, 62226, 63107 Obligations Concerned: National Treatment Performance Requirements Senior Management and Board of Directors Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Distribution of pharmaceuticals In BG: Cross-border wholesale distribution of pharmaceuticals (CPC 62251). In FI: Distribution of pharmaceutical products (CPC 62117, 62251). Existing measures: BG: Law on Medicinal Products in Human Medicine. FI: Lääkelaki (Medicine Act) (395/1987). (b) Distribution of alcoholic beverages In FI: Distribution of alcoholic beverages (part of CPC 62112, 62226, 63107, 8929). Existing measures: FI: Alkoholilaki (Alcohol Act) (1102/2017). (c) Oher distribution (Part of CPC 621, CPC 62228, 62251, 62271, part of CPC 62272, 62276, 63108, part of CPC 6329) With respect only to Cross-Border Trade in Services –National Treatment: In BG: Wholesale distribution of chemical products, precious metals and stones, medical substances and products and objects for medical use, tobacco and tobacco products, and alcoholic beverages. Bulgaria reserves the right to adopt or maintain any measure with respect to the services supplied by commodity brokers. Existing measures: BG: Law on Medicinal Products in Human Medicine; Law of Veterinary Activity; Law for Prohibition of Chemical Weapons and for Control over Toxic Chemical Substances and Their Precursors; Law for Tobacco and Tobacco Products; and Law on excise duties and tax warehouses and Law on wine and spirits.
II-EU-14 – Education Services Sector – Sub-sector: Education services Industry Classification: CPC 92 Obligations Concerned: National Treatment Performance Requirements Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: The EU: All educational services which receive public funding or State support in any form, and are therefore not considered to be privately funded. Where the supply of privately funded education services by a foreign service supplier is permitted, participation of private service suppliers in the education system may be subject to concession allocated on a non-discriminatory basis. The EU, with the exception of CZ, NL, SE and SK: The supply of privately funded other education services, which means other than those classified as being primary, secondary, higher or adult education services (CPC 929). In SE: Educational service suppliers that are approved by public authorities to provide education. This reservation applies to privately funded educational service suppliers with some form of State support, such as educational service suppliers recognised by the State, educational service suppliers under State supervision or education which entitles to study support (CPC 92). In CY, FI, MT and RO: The supply of privately funded primary, secondary and adult education services (CPC 921, 922, 924). In AT, BG, CY, FI, MT and RO: The supply of privately funded higher education services (CPC 923). In SK: European Economic Union ("EEA") residency is required for suppliers of all privately funded education services other than post-secondary technical and vocational education services. An economic needs test may apply and the number of schools being established may be limited by local authorities (CPC 921, 922, 923 other than 92310, 924). In CZ and SK: The majority of the members of the board of directors of an establishment supplying privately funded education services shall be nationals of that country (CPC 921, 922, 923 for SK other than 92310, 924). In SI: Privately funded elementary schools may be founded by Slovenian natural or legal persons only. The service supplier shall establish a registered office or a branch. The majority of the members of the board of directors of an establishment supplying privately funded secondary or higher education services must be Slovenian nationals (CPC 922, 923). In BG, IT and SI: To restrict the cross-border supply of privately funded primary education services (CPC 921). In BG and IT: To restrict the cross-border supply of privately funded secondary education services (CPC 922). In AT: To restrict the cross-border supply of privately funded adult education services by means of radio or television broadcasting (CPC 924). Existing measures: BG: Higher Education Act (Additional Provisions, para 4) and Vocational Education and Training Act (Art. 22). FI: Perusopetuslaki (Basic Education Act) (628/1998); Lukiolaki (General Upper Secondary Schools Act) (629/1998); Laki ammatillisesta koulutuksesta (Vocational Training and Education Act) (630/1998); Laki ammatillisesta aikuiskoulutuksesta (Vocational Adult Education Act) (631/1998); and Ammattikorkeakoululaki (Polytechnics Act) (351/2003), Yliopistolaki (Universities Act) (558/2009). IT: Royal Decree 1592/1933 (Law on secondary education); Law 243/1991 (Occasional public contribution for private universities); Resolution 20/2003 of CNVSU (Comitato nazionale per la valutazione del sistema universitario); and Decree of the President of the Republic (DPR) 25/1998. SK: Act 245/2008 on education; Act 131/2002 on Universities; and Act 596/2003 on State Administration in Education and School Self-Administration.
II-EU-15 – Health and Social Services Sector – Sub-sector: Health and social services Industry Classification: CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193, 93199 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 Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Health services (CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193, 93199) With respect to Investment – National Treatment, Performance Requirements, Senior Management and Board of Directors: The EU: The supply of all health services which receive public funding or State support in any form, and are therefore not considered to be privately funded. The EU: All privately funded health services, other than privately funded hospital, ambulance and residential health facilities services other than hospital services. The participation of private service suppliers in the privately funded health network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread and creation of new employment. This reservation does not relate to the supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics and psychologists, which are covered by other reservations (CPC 931, other than 9312, part of 93191). In AT, PL and SI: The supply of privately funded ambulance services (CPC 93192). In BG, CY, CZ, FI, MT and SK: The supply of privately-funded hospital, ambulance and residential health services other than hospital services (CPC 9311, 93192, 93193). In BE: The supply of privately funded ambulance and residential health facilities services other than hospital services (CPC 93192, 93193). In FI: Supply of other human health services (CPC 93199). Existing Measures: CZ: Act No. 372/2011 Sb. on Health Care Services and Conditions of Their Provision. FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990). With respect to Investment – National Treatment, Most-Favoured-Nation Treatment, Performance Requirements, Senior Management and Board of Directors: In DE: The supply of the Social Security System of DE, if services may be supplied by different companies or entities involving competitive elements which are thus not "Services carried out exclusively in the exercise of governmental authority". To accord better treatment in the context of a bilateral trade agreement with regard to the supply of health and social services (CPC 93). With respect to Investment – National Treatment, FR: The supply of privately funded laboratory analysis and testing services. With respect to Investment –National Treatment: In DE: The ownership of privately funded hospitals run by the German Forces. To nationalise other key privately funded hospitals (CPC 93110). With respect to Cross-Border Trade in Services – National Treatment: In FR: The supply of privately funded laboratory analysis and testing services (Part of CPC 9311). Existing Measures: FR: Articles L 6213-1 to 6213-6 of the Code de la Santé Publique. (b) Health and social services, including pension insurance With respect to Cross-Border Trade in Services – National Treatment: The EU, with the exception of HU: Requiring establishment or physical presence in its territory of suppliers and restricting the cross-border supply of health services from outside their territory, the cross-border supply of social services from outside their territory, as well as activities or services forming part of a public retirement plan or statutory system of social security. This reservation does not relate to the supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191). In HU: The cross-border supply from outside its territory of all hospital, ambulance, and residential health services other than hospital services, which receive public funding (CPC 9311, 93192, 93193). (c) Social services, including pension insurance With respect to Investment – National Treatment, Senior Management and Board of Directors, Performance Requirements: The EU: The supply of all social services which receive public funding or State support in any form, and are therefore not considered to be privately funded, and activities or services forming part of a public retirement plan or statutory system of social security. The participation of private operators in the privately funded social network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread and creation of new employment. In CZ, FI, HU, MT, PL, RO, SK and SI: The supply of privately funded social services. In BE, CY, DE, DK, EL, ES, FR, IE, IT and PT: The supply of privately funded social services other than services relating to convalescent and rest houses and old people's homes. In DE: The Social Security system of DE, where services are supplied by different companies or entities involving competitive elements and might therefore not fall under the definition of the "services carried out exclusively in the exercise of governmental authority". Existing Measures: FI: Laki yksityisistä sosiaalipalveluista (Private Social Services Act) (922/2011). IE: Health Act 2004 (S. 39) and Health Act 1970 (as amended –S.61A). IT: Law 833/1978 Institution of the public health system; Legislative Decree 502/1992 Organisation and discipline of the health field; and Law 328/2000 Reform of social services.
II-EU-16 – Tourism and Travel Related Services Sector – Sub-sector: Tourist guides services Industry Classification: CPC 7472 Obligations Concerned: National Treatment Most-Favoured-Nation Treatment Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In FR: To require nationality of a Member State for the supply of tourist guide services in its territory. With respect to Investment – Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – Most-Favoured-Nation Treatment: In LT: In so far as Mexico allows nationals of LT to supply tourist guide services, LT shall allow nationals of Mexico to supply tourist guide services under the same conditions.
II-EU-17 – Recreational, Cultural and Sporting Services Sector – Sub-sector: Recreational, cultural and sporting services Industry Classification: CPC 962, 963, 9619, 964 Obligations Concerned: National Treatment Performance Requirements Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Libraries, archive, museums and other cultural services (CPC 963) The EU, with the exception of AT and for investment in LT: The supply of library, archive, museum and other cultural services. In AT and LT: A licence or concession may be required for establishment. (b) Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other than 96492) The EU, with the exception of AT and SE: The cross-border supply of entertainment services, including theatre, live bands, circus and discotheque services. In CY, CZ, FI, MT, PL, RO, SI and SK: With respect to the supply of entertainment services, including theatre, live bands, circus and discotheque services. In BG: The supply of the following entertainment services: circus, amusement park and similar attraction services, ballroom, discotheque and dance instructor services, and other entertainment services. In EE: The supply of other entertainment services except for cinema theatre services. In LT and LV: The supply of all entertainment services other than cinema theatre operation services. In CY, CZ, LV, PL, RO and SK: The cross-border supply of sporting and other recreational services. (c) News agency services (CPC 962) With respect to Investment – National Treatment: In FR: Foreign participation in existing companies issuing publications in the French language may not exceed 20 % of the capital or of voting rights in the company. The establishment of press agencies of Mexico is subject to conditions set out in domestic regulation. Establishment of press agencies by foreign investors is subject to reciprocity. Measures: FR: Loi no. 86-897 du 1 août 1986 portant réforme du régime juridique de la presse (d) Gambling and betting services (CPC 96492) The EU, with the exception of MT: The supply of gambling services, which involve wagering a stake with pecuniary value in games of chance, including in particular lotteries, scratch cards, gambling services offered in casinos, gambling arcades or licensed premises, betting services, bingo services and gambling services operated by and for the benefit of charities or non-profit-making organisations. This reservation does not apply to games of skill, gambling machines that do not give prizes or that give prizes only in the form of free games, and promotional games, whose exclusive purpose is to encourage the sale of goods or services.
II-EU-18 – Transport Services and Auxiliary Transport Services Sector – Sub-sector: Transport services Obligations Concerned: National Treatment Most-Favoured-Nation Treatment Performance Requirements Senior Management and Board of Directors Local Presence Chapter: Investment, Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Maritime transport – Any other commercial activity undertaken from a ship With respect to Investment – National Treatment, Senior Management and Board of Directors, Performance Requirements; and Cross-Border Trade in Services – National Treatment: The EU: The nationality of the crew on a vessel. With respect only to Investment – National Treatment, Most-Favoured-Nation Treatment, Senior Management and Board of Directors: The EU, except LV and MT: For the purposes of registering a vessel and operating a fleet under the national flag of the State of establishment (all commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing; international passenger and freight transportation (CPC 721); inland waterways passenger and freight transportation (CPC 7221 and 7222); services auxiliary to maritime transport). 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 feeder services, and for repositioning owned or leased containers on a non-revenue basis by EU shipping enterprises, for the part of these services which does not fall under the exclusion of national maritime cabotage. In SK: Foreign investors shall have their principal office in SK in order to apply for a licence enabling them to supply a service (CPC 722). (b) Auxiliary services to maritime transport With respect to Investment – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment: The EU: The supply of pilotage and berthing services. For greater certainty, regardless of the criteria which may apply to the registration of ships in a Member State, the EU reserves the right to require that only ships registered on the national registers of Member States may supply pilotage and berthing services (CPC 7214, 7224). The EU, with the exception of LT and LV: Only vessels flying the flag of a Member State may supply pushing and towing services (CPC 7452). In LT: Only juridical persons of LT or juridical persons of a Member State with branches in LT that have a certificate issued by the Lithuanian Maritime Safety Administration may supply pilotage and berthing, pushing and towing services (CPC 7452). With respect to Cross-Border Trade in Services – Local Presence: In LT: Only juridical persons of LT or juridical persons of a Member State with branches in LT that have a certificate issued by the Lithuanian Maritime Safety Administration may supply pilotage and berthing, pushing and towing services (CPC 7214). (c) Inland waterways transport and auxiliary services to inland waterways transport With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment, Senior Management and Board of Directors, Performance Requirements; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment: The EU: Inland waterways passenger and freight transportation (CPC 722), and services auxiliary to inland waterways transportation. For greater certainty this reservation also covers the supply of cabotage transport on inland waterways (CPC 722). (d) Rail transport and auxiliary services to rail transport With respect to Investment – National Treatment; and Cross-Border Trade in Services –National Treatment: In the EU: Railway passenger and freight transportation (CPC 711). In LT: Maintenance and repair services of rail transport equipment are subject to a state monopoly (CPC 86764, 86769, part of 8868). In FI: Cross-border supply of rail transport. With regard to establishment of rail passenger transport services, currently, there are exclusive rights (granted to VR-Group Ltd that was 100 % owned by the State) until 2017 in Helsinki Metropolitan Area and elsewhere until 2019 in this field, which may be renewed (CPC 7111, 7112). Existing Measures: FI: Rautatielaki (Railway Act) (304/2011). (e) Road transport (passenger transportation, freight transportation, international truck transport services) and services auxiliary to road transport. With respect to Investment – National Treatment, Senior Management and Boards of Directors; and Cross-Border Trade in Services – National Treatment, Local Presence: The EU: (i) To require establishment and to limit the cross-border supply of road transport services (CPC 712). (ii) To limit the supply of cabotage within a Member State by foreign investors established in another Member State (CPC 712). (iii) An economic needs test may apply to taxi services in the EU setting a limit on the number of service suppliers. Main criterion: local demand as provided in applicable laws (CPC 71221). Existing Measures: The EU: Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC; Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market; and Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No. 561/2006. With respect to Investment – National Treatment: In LV: For passenger and freight transportation services, an authorisation is required, which is not extended to foreign registered vehicles. Established entities are required to use nationally registered vehicles (CPC 712). With respect to Investment – National Treatment; and Cross-Border Trade in Services –National Treatment: In BG: For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of a Member State and to juridical persons of the EU having their headquarters in the EU. Incorporation is required. Condition of nationality of a Member State for natural persons (CPC 712). In MT: For public bus service: The entire network is subject to a concession which includes a public service obligation agreement to cater for certain social sectors (such as students and the elderly) (CPC 712). With respect to Investment – National Treatment; and Cross-Border Trade in Services –National Treatment: In FI: Authorisation is required to supply road transport services, which is not extended to foreign registered vehicles (CPC 712). Existing Measures: FI: Laki liikenteen palveluista (Act on Transport Services) 320/2017; and Ajoneuvolaki (Vehicles Act) 1090/2002. With respect to Investment – National Treatment: In FR: Non-EU investors are not allowed to supply intercity bussing services (CPC 712). (f) Space transport and rental of space craft With respect to Investment – National Treatment, Performance Requirements, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment: The EU: The transportation services via space and the rental of space craft (CPC 733, part of 734). (g) Transport related MFN exemptions With respect to Investment – Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – Most-Favoured-Nation Treatment: Transport (cabotage) other than maritime transport In FI: According differential treatment to a country pursuant to existing or future bilateral agreements exempting vessels registered under the foreign flag of a specified other country or foreign registered vehicles from the general prohibition from providing cabotage transport (including combined transport, road and rail) in FI on the basis of reciprocity (part of CPC 711, part of 712, part of 722). Supporting services for water transport In BG: In so far as Mexico allows service suppliers from BG to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers, BG shall allow services suppliers from Mexico to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers under the same conditions (part of CPC 741, part of 742). Rental or leasing of vessels In DE: Chartering-in of foreign ships by consumers resident in DE may be subject to a condition of reciprocity (CPC 7213, 7223, 83103). Road and rail transport The EU: To accord differential treatment to a country pursuant to existing or future bilateral agreements relating to international road haulage (including combined transport – road or rail) and passenger transport, concluded between the EU or the Member States and a third country (CPC 7111, 7112, 7121, 7122, 7123). That treatment may: (a) reserve or limit the supply of the relevant transport services between the contracting Parties or across the territory of the contracting Parties to vehicles registered in each contracting Party 13 ; or (b) provide for tax exemptions for those vehicles. Road transport In BG: Measures taken under existing or future agreements which reserve or restrict the supply of these kinds of transportation services and specify the terms and conditions of this supply, including transit permits or preferential road taxes, in the territory of BG or across the borders of BG (CPC 7121, 7122, 7123). In HR: Measures applied under existing or future agreements on international road transport and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of HR to the parties concerned (CPC 7121, 7122, 7123). In CZ: Measures that are taken under existing or future agreements which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of a transport services into, in, across and out of CZ to the contracting parties concerned (CPC 7121, 7122, 7123). In LT: Measures that are taken under bilateral agreements and which set the provisions for transport services and specify operating conditions, including bilateral transit and other transport permits for transport services into, through and out of the territory of LT to the contracting parties concerned, and road taxes and levies (CPC 7121, 7122, 7123). In SK: Measures that are taken under existing or future agreements, and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of a transport services into, in, across and out of SK to the contracting parties concerned (CPC 7121, 7122, 7123). In ES: Authorisation for the establishment of a commercial presence in ES may be refused to service suppliers whose country of origin does not accord effective market access to service suppliers of ES (CPC 7123). Existing Measures: ES: Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres Rail transport In BG, CZ and SK: For existing or future agreements which regulate traffic rights and operating conditions, and the supply of transport services in the territory of BG, CZ and SK and between the countries concerned (CPC 7111, 7112). Air transport – Services auxiliary to air transport The EU: According differential treatment to a third country pursuant to existing or future bilateral agreements relating to ground-handling services. Road and rail transport In EE: When according differential treatment to a country pursuant to existing or future bilateral agreements on international road transport (including combined transport-road or rail) reserving or limiting the supply of a transport services into, in, across and out of EE to the contracting Parties to vehicles registered in each contracting Party, and providing for tax exemption for those vehicles (part of CPC 711, part of 712, part of 721). All passenger and freight transport services other than maritime and air transport In PL: In so far as Mexico allows the supply of transport services into and across the territory of Mexico by passenger and freight transport suppliers of PL, PL shall allow the supply of transport services by passenger and freight transport suppliers of Mexico into and across the territory of PL under the same conditions.
II-EU-19 – Agriculture, Fishing and Water Sector – Sub-sector: Agriculture, hunting, forestry; fishing, aquaculture, services incidental to fishing; collection, purification and distribution of water Industry Classification: ISIC 011, 012, 013, 014,015, CPC 8811, 8812, 8813 other than advisory and consultancy services; ISIC 0501, 0502, CPC 882 Obligations Concerned: National Treatment Most-Favoured-Nation Treatment Performance Requirements Senior Management and Board of Directors Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Agriculture, hunting, and forestry With respect to Investment – National Treatment: In HR: Agricultural and hunting activities. In HU: Agricultural activities (ISIC 011, 3.1 012, 3.1 013, 3.1 014, 3.1 015, CPC 8811, 8812, 8813 other than advisory and consultancy services). Existing Measures: HR: Law on Agricultural Land (Official Gazette no. 152/08, 25/09, 153/09, 21/10 39/11 and 63/11), Art. 2. (b) Fishing, aquaculture, services incidental to fishing (ISIC rev 3.1 0501, 0502, CPC 882) With respect to Investment – National Treatment, Senior Management and Board of Directors, Performance Requirements, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment: The EU: In particular within the framework of the Common Fisheries Policy and of fishing agreements with a third country, access to and use of the biological resources and fishing grounds situated in maritime waters coming under the sovereignty or within the jurisdiction of Member States, including: (a) regulating the landing of catches performed in the sub-quotas allocated to vessels of Mexico or of a third country in EU ports; (b) determining a minimum size for an enterprise in order to preserve both artisanal and coastal fishing vessels; or (c) according differential treatment to a Mexico or a third country pursuant to existing or future bilateral agreements relating to fisheries. A commercial fishing licence granting the right to fish in the territorial waters of a Member State shall only be granted to vessels flying the flag of a Member State. The nationality of the crew of a fishing vessel flying the flag of a Member State. The establishment of marine or inland aquaculture facilities. In FR: Nationals of non-EU countries cannot participate in French maritime State property for fish, shellfish or algae farming. With respect to Investment – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment: In BG: The taking of marine and river-living resources, performed by vessels in the internal marine waters, and the territorial sea of BG, shall be performed by vessels flying the flag of BG. A foreign ship may not engage in commercial fishing in the exclusive economic zone save on the basis of an agreement between BG and the flag state. While passing through the exclusive economic zone, foreign fishing ships shall not maintain their fishing gear in operational mode. (c) Collection, purification and distribution of water With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: The EU: For activities, including services relating to the collection, purification and distribution of water to household, industrial, commercial or other users, including the supply of drinking water, and water management.
II-EU-20 – Energy Related Activities Sector – Sub-sector: Production of energy and related services Industry Classification: ISIC 10, 1110, 12, 120, 1200, 13, 14, 232, 233, 2330, 40, 401, 4010, 402, 4020, part of 4030, CPC 613, 62271, 63297, 7131, 71310, 742, 7422, part of 88, 887. Obligations Concerned: National Treatment Performance Requirements Senior Management and Board of Directors Local Presence Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Energy services – general (ISIC 10, 1110, 13, 14, 232, 40, 401, 402, part of 403, 41; CPC 613, 62271, 63297, 7131, 742, 7422, 887 (other than advisory and consulting services)) With respect to Investment – National Treatment, Senior Management and Boards of Directors, Performance Requirements; and Cross-Border Trade in Services – National Treatment: The EU: If a Member State permits foreign ownership of a gas or electricity transmission system, or an oil and gas pipeline transport system, with respect to enterprises of Mexico 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, in order to guarantee the security of the energy supply of the EU as a whole, or of an individual Member State. This reservation does not apply to advisory and consultancy services supplied as services incidental to energy distribution. This reservation does not apply to HR, HU and LT (for LT, only CPC 7131) with regard to the pipeline transport of fuels, nor to LV with regard to services incidental to energy distribution, nor to SI with regard to services incidental to the distribution of gas (ISIC 401, 402, CPC 7131, 887 other than advisory and consultancy services). In CY: For the manufacture of refined petroleum products in so far as the investor is controlled by a natural or juridical person of a non-EU country which accounts for more than 5 % of the EU's oil or natural gas imports, as well as to the manufacture of gas, distribution of gaseous fuels through mains on own account, the production, transmission and distribution of electricity, the pipeline transportation of fuels, services incidental to electricity and natural gas distribution other than advisory and consulting services, wholesale services of electricity, retailing services of motor fuel, electricity and non-bottled gas. Nationality and residency conditions apply for electricity related services (ISIC rev 3.1 232, 4010, 4020, CPC 613, 62271, 63297, 7131, and 887 other than advisory and consulting services). In FI: The transmission and distribution networks and systems of energy and of steam and hot water. The quantitative restrictions in the form of monopolies or exclusive rights for the importation of natural gas, and for the production and distribution of steam and hot water. Currently, natural monopolies and exclusive rights exist (ISIC 40, CPC 7131, 887 other than advisory and consultancy services). In FR: The electricity and gas transmission systems and oil and gas pipeline transport (CPC 7131). With respect to Investment – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment: In BE: The energy distribution services and services incidental to energy distribution (CPC 887 other than consultancy services). With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In BE: For energy transmission services, the types of legal entities and the treatment of public or private operators to whom BE has conferred exclusive rights. Establishment is required within the EU (ISIC 4010, CPC 71310,). In BG: Services incidental to energy distribution (part of CPC 88). In PT: The production, transmission and distribution of electricity, the manufacturing of gas, the pipeline transportation of fuels, wholesale services of electricity, retailing services of electricity and non-bottled gas, and services incidental to electricity and natural gas distribution. Concessions for electricity and gas sectors are assigned only to limited companies with their headquarters and effective management in PT (ISIC 232, 4010, 4020, CPC 7131, 7422, 887 other than advisory and consulting services). In SK: An authorisation is required for the production, transmission and distribution of electricity, manufacture of gas and distribution of gaseous fuels, production and distribution of steam and hot water, pipeline transportation of fuels, wholesale and retail of electricity, steam and hot water, and services incidental to energy distribution including services in the area of energy efficiency, energy savings and energy audit. An economic needs test is applied and the application may be denied only if the market is saturated. For all those activities, an authorisation may only be granted to a natural person with permanent residency in a Member State of the EU or the European Economic Area (hereinafter referred to as "EEA) or a juridical person established in the EU or the EEA. With respect to Investment – National Treatment: In BE: With the exception of the mining of metal ores and other mining and quarrying, 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. Incorporation is required (no branching) (ISIC 10, 1110, 13, 14, 232, part of 4010, part of 4020, part of 4030). Existing Measures: The EU: Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; and Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC. BG: Energy Act. CY: The Regulating of the Electricity Market Laws of 2003; The Regulation of the Electricity Market Laws of 2003 Law 122(I)/2003 as amended by Laws 239(I)/2004, 143(I)/2005, 173(I)/2006, 92(I)/2008, 211(I)/2012, 206(I)/2015 and 18(I)/2017; The Regulating of the Gas Market Laws of 2004 to 2007; The Petroleum (Pipelines) Law, Chapter 273 of the Constitution of the Republic of Cyprus; The Petroleum Law L.64(I)/1975; and The Petroleum and Fuel Specifications Laws of 2003 to 2009. FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017); and Sähkömarkkinalaki (Electricity Market Act) (386/1995). FR: Energy Code (L111-5, L111-53,). PT: Natural gas: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October; Electricity: Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October –; and Crude oil/Petroleum products: Decree-Law 31/2006, 15 February –. SK: Act 51/1988 on Mining, Explosives and State Mining Administration; Act 569/2007 on Geological Works; Act 251/2012 on Energy; and Act 657/2004 on Thermal Energy. (b) Electricity (ISIC rev.3.1 40, 401; CPC 62271, 887 (other than advisory and consulting services)) With respect to Investment – National Treatment, Senior Management and Board of Directors, Performance Requirements; and Cross-Border Trade in Services – National Treatment: In FI: The importation of electricity. With respect to cross-border trade, the wholesale and retail of electricity. In FR: Only companies where 100 % of the capital is held by the French State, by another public sector organisation or by Electricité de France (EDF), may own and operate electricity transmission or distribution systems. With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In BG: For the production of electricity and the production of heat. In PT: The activities of electricity transmission and distribution are carried out through exclusive concessions of public service. With respect to Investment – National Treatment: In BE: An individual authorisation for the production of electricity of a capacity of 25 MW requires establishment in the EU, or in another State which has a similar regime to that enforced by Directive 96/92 EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity in place, and where the company has an effective and continuous link with the economy. The offshore production of electricity within the offshore territory of BE is subject to concession and a joint venture obligation with a company from a Member State, or a foreign company from a country having a similar regime to that of Directive 2003/54/EC, particularly with regard to conditions relating to the authorisation and selection. Additionally, the company should have its central administration or its head office in a Member State or a country meeting the above criteria, where it has an effective and continuous link with the economy. The construction of electrical power lines which link offshore production to the transmission network of Elia requires authorisation and the company must meet the previously specified conditions, except for the joint venture requirement. With respect to Cross-Border Trade in Services – National Treatment: In BE: An authorisation is necessary for the supply of electricity by an intermediary having customers established in BE who are connected to the national grid system or to a direct line whose nominal voltage is higher than 70,000 volts. That authorisation may only be granted to a natural or juridical person established in the EEA. Existing Measures: BE: Arrêté Royal du 11 octobre 2000 fixant les critères et la procédure d'octroi des autorisations individuelles préalables à la construction de lignes directes; Arrêté Royal du 20 décembre 2000 relatif aux conditions et à la procédure d'octroi des concessions domaniales pour la construction et l'exploitation d'installations de production d'électricité à partir de l'eau, des courants ou des vents, dans les espaces marins sur lesquels la Belgique peut exercer sa juridiction conformément au droit international de la mer; Arrêté Royal du 12 mars 2002 relatif aux modalités de pose de câbles d'énergie électrique qui pénètrent dans la mer territoriale ou dans le territoire national ou qui sont installés ou utilisés dans le cadre de l'exploration du plateau continental, de l'exploitation des ressources minérales et autres ressources non vivantes ou de l'exploitation d'îles artificielles, d'installations ou d'ouvrages relevant de la juridiction belge; 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. FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017); and Sähkömarkkinalaki (Electricity Market Act) 588/2013. FR: Energy Code (L111-5, L111-53). PT: Electricity: Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October. (c) Fuels, gas, crude oil or petroleum products (ISIC 232, 40, 402; CPC 613, 62271, 63297, 7131, 71310, 742, 7422, part of 88, 887 (other than advisory and consulting services)) With respect to Investment – National Treatment, Senior Management and Board of Directors, Performance Requirements; and Cross-Border Trade in Services – National Treatment: In FI: To prevent control or ownership of a liquefied natural gas (hereinafter referred to as "LNG") terminal (including those parts of the LNG terminal used for storage or re-gasification of LNG) by foreign persons or enterprises for energy security reasons. In FR: Only companies where 100 % of the capital is held by the French State, by another public sector organisation or by ENGIE, may own and operate gas transmission or distribution systems for reasons of national energy security. With respect to Investment – National treatment; and Cross-Border Trade in Services – National Treatment: In BE: For bulk storage services of gas, regarding the types of legal entities and the treatment of public or private operators to whom BE has conferred exclusive rights. Establishment is required within the EU for bulk storage services of gas (part of CPC 742). In BG: For pipeline transportation, storage and warehousing of petroleum and natural gas, including transit transmission (CPC 71310, part of CPC 742). In PT: For the cross-border supply of storage and warehousing services of fuels transported through pipelines (natural gas). Also, concessions relating to the transmission, distribution and underground storage of natural gas and the reception, storage and regasification terminal of LNG are awarded through contracts concession, following public calls for tenders (CPC 7131, CPC 7422). With respect to Cross-Border Trade in Services – National Treatment: In BE: 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 Art. 3 of the AR of 14 May 2002). If the authorisation is requested by a company: (a) the company must be established in accordance with Belgian law, or 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 (b) the company must 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 (CPC 7131). 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. In CY: For the cross-border supply of storage and warehousing services of fuels transported through pipelines, and the retail sales of fuel oil and bottled gas other than by mail order (CPC 613, CPC 62271, CPC 63297, CPC 7131, CPC 742). Existing Measures: BE: Arrêté Royal du 14 mai 2002 relatif à l’autorisation de transport de produits gazeux et autres par canalisations; and Loi du 12 avril 1965 relative au transport de produits gazeux et autres par canalisations (article 8.2). BG: Energy Act. CY: The Regulation of the Electricity Market Law of 2003; Law 122(I)/2003 as amended by Laws 239(I)/2004, 143(I)/2005, 173(I)/2006, 92(I)/2008, 211(I)/2012, 206(I)/2015 and 18(I)/2017; The Regulating of the Gas Market Laws of 2004 to 2007; The Petroleum (Pipelines) Law, Chapter 273 of the Constitution of the Republic of Cyprus; The Petroleum Law L.64(I)/1975; and The Petroleum and Fuel Specifications Laws of 2003 to 2009. FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); and Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017). FR: Energy Code (L111-5, L111-53). PT: Natural Gas: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October; Electricity: Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October; and Crude oil/Petroleum products: Decree-Law 31/2006, 15 February. (d) Nuclear (ISIC rev 3.1 12, 3.1 23, 120, 1200, 233, 2330, 40, part of 4010, CPC 887)) With respect to Investment – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment: In DE: For the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy. With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In AT and FI: For the production, processing, distribution or transportation of nuclear material and generation or distribution of nuclear-based energy. With respect to Investment – National Treatment, Senior Management and Board of Directors, Performance Requirements: In HU and SE: For the processing of nuclear fuel and nuclear-based electricity generation. With respect to Investment – National Treatment; and Cross-Border Trade in Services – National Treatment: In BE: For the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy. With respect to Investment – National Treatment, Senior Management and Board of Directors: In BG: For the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade therewith, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of such materials and the refuse and waste matter of their processing, to the use of ionising radiation, and on all other services relating to the use of nuclear energy for peaceful purposes (including among others engineering and consulting services and services relating to software). With respect to Investment – National Treatment: In FR: These activities must respect the obligations of the Euratom Agreement. Existing Measures: AT: Bundesverfassungsgesetz für ein atomfreies Österreich (Constitutional Act for a Nonnuclear Austria) BGBl. I Nr. 149/1999. BG: Safe Use of Nuclear Energy Act. FI: Ydinenergialaki (Nuclear Energy Act) (990/1987). HU: Act CXVI of 1996 on Nuclear Energy; and Government Decree Nr. 72/2000 on Nuclear Energy. SE: The Swedish Environmental Code (1998:808); and Law on Nuclear Technology Activities (1984:3).
II-EU-21 – Other Services Not Included Elsewhere Sector – Sub-sector: Other services not included elsewhere Industry Classification: CPC 9703, part of CPC 612, part of CPC 621, part of CPC 625, part of 85990 Obligations Concerned: National Treatment Most-Favoured-Nation Treatment Performance Requirements Senior Management and Board of Directors Chapter: Investment and Cross-Border Trade in Services Description: The EU reserves the right to adopt or maintain any measure with respect to the following: (a) Funeral, cremation services and undertaking services CPC 9703 With respect to Investment –National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment: In DE: Only juridical persons established under public law may operate a cemetery. The creation and operation of cemeteries and services related to funerals are carried out as governmental services. In CY and SI: Funeral, cremation and undertaking services. In SE: Church of Sweden or local authority monopoly on cremation and funeral services. (b) Other business related services With respect to Cross-Border Trade in Services – National Treatment: In LT: State enterprise "Infostruktura" has exclusive rights to supply the following services: data transmission through secure state data transmission networks, granting of internet addresses ending "gov.lt" and certification of electronic cash-registers. Existing Measures: LT: Government Resolution of 28 May 2002 No. 756 on the approval of the standard procedure for setting prices and tariffs of goods and services of a monopolistic nature supplied by state owned enterprises and public institutions established by ministries, governmental institutions and county governors and assigned to them.
Appendix II-B. RESERVATIONS FOR FUTURE MEASURES LIST OF MEXICO
Reservations Applicable at Central Level
II-MX-1 Sector: All Subsector: Industry Classification: Obligations Concerned: National Treatment (Article 11.6) Level of Government: Central Description: Cross-Border Trade in Services Mexico reserves the right to adopt or maintain any measure restricting the acquisition, sale or other disposition of bonds, treasury bills or any other kind of debt security issued by the central, regional or local governments. Existing Measures:
II-MX-2 Sector: All Subsector: Industry Classification: Obligations Concerned: Senior Management and Board of Directors (Article 10.10) Level of Government: Central Description: Investment Mexico reserves the right to adopt or maintain any measure requiring that a majority of the board of directors, or any committee thereof, of an enterprise of the European Union that is a covered investment, be of a particular nationality, or resident in the territory of Mexico, provided that the requirement does not materially impair the ability of the investor to exercise control over its investment. Existing Measures:
II-MX-3 Sector: Energy Subsector: Oil and other hydrocarbons Electricity Industry Classification: Obligations Concerned: National Treatment (Article 10.7 and 11.6) Performance Requirements (Article 10.9) Local Presence (Article 11.5) Senior Management and Board of Directors (Article 10.10) Level of Government: Central Description: Investment and Cross-Border Trade in Services Mexico reserves the right to adopt measures with respect to the activities referred to in the reservations I-MX-14 and I-MX-15 of the Appendix I-B-1, in implementation of the Decree enacting the State Public Enterprise, Federal Electricity Commission Law; State Public Enterprise, Petróleos Mexicanos Law; the Electricity Sector Law; the Law of the Hydrocarbons Sector; the Law of Energy Planning and Transition; the Law of Biofuels; the Law of Geothermal Energy and the Law of the National Energy Commission; amending several provisions of the Law of the Mexican Petroleum Fund for Stabilization and Development; and amending, adding and reforming several provisions of the Law of the Mexican Petroleum Fund for Stabilization and Development; the Geothermal Energy Law and the Law of the National Energy Commission; several provisions of the Law of the Mexican Petroleum Fund for Stabilization and Development are amended and several provisions of the Organic Law of the Federal Public Administration are amended, added and repealed, published in the Official Journal on 18 March 2025. When adopted, such measures shall be deemed to be existing non-conforming measures listed in Annex I and subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions). For greater certainty, the non-conforming aspects of any such implementing measure shall be limited to the extent permitted by such Decree as well as by any implementing measure adopted pursuant to this reservation. Mexico allows private investment exclusively through contractual arrangements with respect to the exploration and production of oil and other hydrocarbons, and the public service of transmission and distribution of electricity. If Mexican law is amended to allow private investment in a different modality from that set out in the second paragraph, or to allow the sale of assets or ownership interest in an enterprise engaged in the activities set out in the second paragraph, Mexico reserves the right to impose restrictions on that investment. Any restrictions imposed in accordance with the third paragraph shall be deemed to be existing non conforming measures listed in Annex I and subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions). For greater certainty, Mexico affirms the principle reflected in Articles 25, 27 and 28 of the Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos) that the exploration and production of oil and other hydrocarbons, the planning and control of the National Electric System and the public service of transmission and distribution of electricity are reserved to the State. Existing Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 25, 27 and 28. State Public Enterprise, Federal Electricity Commission Law (Ley de la Empresa Pública del Estado, Comisión Federal de Electricidad). Foreign Investment Law (Ley de Inversión Extranjera). Hydrocarbons Sector Law (Ley del Sector Hidrocarburos). State Public Enterprise, Petroleos Méxicanos Law (Ley de la Empresa Pública del Estado, Petróleos Mexicanos). Electric Sector Law (Ley del Sector Eléctrico). Energy Planning and Transition Law (Ley de Planeación y Transición Energética).
II-MX-4 Sector: Entertainment Services Subsector: Recreational and leisure services Industry Classification: CMAP 949104 Other Private Recreational and Leisure Services (limited to gambling and betting services) Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Most-Favoured-Nation Treatment (Articles 10.8 and 11.7) Senior Management and Board of Directors (Article 10.10) Local Presence (Article 11.5) Level of Government: Central Description: Investment and Cross-Border Trade in Services Mexico reserves the right to adopt or maintain any measure relating to investment in, or the supply of, gambling and betting services. Existing Measures:
II-MX-5 Sector: Minority Affairs Subsector: Industry Classification: Obligations Concerned: Local Presence (Article 11.5) National Treatment (Article 11.6) Level of Government: Central Description: Cross-Border Trade in Services Mexico reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged groups. Existing Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 4.
II-MX-6 Sector: Social Services Subsector: Industry Classification: Obligations Concerned: National Treatment (Articles 10.7 and 11.6) Most-Favoured-Nation Treatment (Articles 10.8 and 11.7) Performance Requirements (Article 10.9) Senior Management and Board of Directors (Article 10.10) Local Presence (Article 11.5) Level of Government: Central Description: Investment and Cross-Border Trade in Services Mexico reserves the right to adopt or maintain any measure with respect to the supply of public law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health and child care. Existing Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 4, 17, 18, 25, 26, 28 and 123.
II-MX-7 Sector: Transportation Subsector: Specialised personnel Industry Classification: CMAP 951023 Other Professional, Technical and Specialised Services (limited to ship captains, aircraft pilots, ship masters, ship machinists, ship mechanics, airport administrators (comandantes de aeródromos), harbour masters, harbour pilots, crew on Mexican flagged vessels or aircrafts) Obligations Concerned: Local Presence (Article 11.5) National Treatment (Article 11.6) Most-Favoured-Nation Treatment (Article 11.7) Level of Government: Central Description: Cross-Border Trade in Services Mexico reserves the right to adopt or maintain any measure with respect to specialised personnel. Only Mexican nationals by birth may serve as: captains, pilots, ship masters, machinists, mechanics and crew members manning vessels or aircraft under the Mexican flag; and harbour pilots, harbour masters and airport administrators. Existing Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.
II-MX-8 Sector: All Subsector: Telegraph, radiotelegraph and postal services Issuance of bills (currency) and minting of coinage Control, inspection and surveillance of maritime and inland ports Control, inspection and surveillance of airports and heliports Nuclear power, including the exploration, exploitation and profit of radioactive materials. Industry Classification: Obligations Concerned: National Treatment (Article 10.7) Most-Favoured-Nation Treatment (Article 10.8) Performance Requirements (Article 10.9) Senior Management and Board of Directors (Article 10.10) Level of Government: Central Description: Investment The activities set out in the list below are reserved to the State, and private equity investment is prohibited under Mexican law. If Mexico allows private investment to participate in those activities through service contracts, concessions, lending arrangements or any other type of contractual arrangement, that participation shall not be construed to affect the reservation of those activities. If Mexican law is amended to allow private equity investment in an activity set out in the list below, Mexico may impose restrictions on foreign investment participation and those restrictions shall be deemed to be existing non-conforming measures listed in Annex I and subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions). Mexico may also impose restrictions on foreign equity investment participation when selling an asset or ownership interest in an enterprise engaged in activities set out in the list below, and those restrictions shall be deemed to be existing non-conforming measures as set out in Annex I and shall be subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions). (a) Telegraph, radiotelegraph and postal services; (b) Issuance of bills (currency) and minting of coinage; (c) Control, inspection and surveillance of maritime and inland ports; (d) Control, inspection and surveillance of airports and heliports; and (e) Nuclear power. 14 Existing Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos) Articles 25 and 28. Law of the Bank of Mexico (Ley del Banco de México). Law of the House of Currency of Mexico (Ley de la Casa de Moneda de México). Monetary Law of the United Mexican States (Ley Monetaria de los Estados Unidos Mexicanos). Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos). Ports Law (Ley de Puertos). Airports Law (Ley de Aeropuertos). Federal Telecommunication and Broadcasting Law (Ley en Materia de Telecomunicaciones y Radiodifusión). Decree that establishes the decentralised agency of Navigation Services in the Mexican Airspace, (SENEAM, by its acronym in Spanish) (Decreto que crea el Organismo Desconcentrado de Servicios a la Navegación en el Espacio Aéreo Mexicano, SENEAM). General Means of Communication Law (Ley de Vías Generales de Comunicación). Mexican Postal Service Law (Ley del Servicio Postal Mexicano), Title I, Chapter III. Foreign Investment Law (Ley de Inversión Extranjera).
II-MX-9 Sector: Mining Subsector: Activities related to lithium Industry Classification: Obligations Concerned: National Treatment (Article 10.7) Performance Requirements (Article 10.9) Senior Management and Board of Directors (Article 10.10) Level of Government: Central Description: Investment The activities related to lithium, including the exploration and exploitation of lithium, are reserved to the State, and private equity investment is prohibited under Mexican law. If Mexico allows private investment to participate in those activities through service contracts, concessions, lending arrangements or any other type of contractual arrangement, that participation shall not be construed to affect the reservation of those activities to the State. If Mexican law is amended to allow private equity investment in an activity related to lithium, Mexico may impose restrictions on foreign investment participation and those restrictions shall be deemed to be existing non-conforming measures listed in Annex I and subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions). Mexico may also impose restrictions on foreign equity investment participation when selling an asset or ownership interest in an enterprise engaged in activities related to lithium, and those restrictions shall be deemed to be existing non-conforming measures as set out in Annex I and shall be subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions). Existing Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos) Articles 27 and 28. Mining Law (Ley de Minería).
II-MX-10 Sector: All Subsector: Industry Classification: Obligations Concerned: Most-Favoured-Nation Treatment (Article 10.8) Level of Government: Central Description: Investment Mexico reserves the right to adopt or maintain any measure granting different treatment to countries accorded under all bilateral or multilateral international agreements in force prior to the date of the entry into force of this Agreement. This reservation does not apply to those measures which grant different treatment in relation to: (a) the exploration, production and manufacture of energy goods, as well as the distribution and transmission of gas and electricity, and the marketing, including the wholesale or retail sale, of energy goods, and (b) activities related to lithium, including the exploration and exploitation of lithium. Mexico reserves the right to adopt or maintain any measure granting different treatment to countries accorded under all international agreements in force or signed after the date of entry into force of this Agreement involving: (a) aviation; (b) fisheries; or (c) maritime matters, including salvage. ________________ (1) For the purposes of the reservations in Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers. (2) For the purposes of the reservations in Finland, a regional level of government means the Åland Islands. (3) Applications for acquisitions or establishment of investments in restricted activities as set out in this List. (4) For greater certainty, subparagraph 2(c) of Article 10.5 (Scope) and subparagraph 2(a) of Article 11.2 (Scope) exclude audio-visual services from the scope of Chapters 10 (Investment) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes. (5) For greater certainty, subparagraph 2(e) of Article 10.5 (Scope) and subparagraph 2(g) of Article 11.2 (Scope) exclude air services, or related services in support of air services from the scope of Chapters 10 (Investment) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes. (6) For greater certainty, subparagraph 2(e) of Article 10.5 (Scope) and subparagraph 2(g) of Article 11.2 (Scope) exclude air services, or related services in support of air services from the scope of Chapters 10 (Investment) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes. (7) For greater certainty, subparagraph 2(e) of Article 10.5 (Scope) and subparagraph 2(g) of Article 11.2 (Scope) exclude air services, or related services in support of air services from the scope of Chapters 10 (Investment) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes. (8) For greater certainty, subparagraph 2(d) of Article 10.5 (Scope) and subparagraph 2(b) of Article 11.2 (Scope) exclude national maritime cabotage from the scope of Chapters 10 (Investment) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes. (9) For greater certainty, subparagraphs 2(c) of Article 10.5 (Scope) and subparagraph 2(a) of Article 11.2 (Scope) exclude audio-visual services from the scope of Chapters 10 (Investment) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes. (10) For the purposes of the reservations in Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers. (11) For the purposes of the reservations in Finland, a regional level of government means the Åland Islands. (12) Applies to East European companies which are cooperating with one or more Nordic companies. (13) With regard to AT the part of the most-favoured-nation treatment exemption regarding traffic rights covers all countries with whom bilateral agreements on road transport or other arrangements relating to road transport exist or may be considered in future. (14) For the purposes of this entry, nuclear power includes the exploration, exploitation and profit of radioactive materials.
ANNEX III. MARKET ACCESS COMMITMENTS
EXPLANATORY NOTES
1. The Schedule of a Party to this Annex sets out the market access commitments which that Party undertakes pursuant to Articles 10.6 (Market Access) or 11.4 (Market Access).
2. For the purposes of this Annex: (a) "CMAP" means Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos) numbers as set out by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía) in the Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos), 1994; (b) "CPC" means Central Product Classification numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; and (c) "ISIC" means the International Standard Industrial Classification of all Economic Activities numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4, ISIC REV 3.1, 2002.
3. The economic activities in sectors or subsectors covered by this Agreement and not inscribed in the Schedule are not covered by the market access commitments referred to in paragraph 1.
4. The Schedule of a Party is without prejudice to the rights and obligations of the Parties under GATS.
5. Each entry in the Schedule 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 or activity in which commitments are undertaken according, if applicable, to CMAP, CPC or ISIC;
(c) "limitations on market access" specifies the applicable limitations, including the possibility to maintain existing measures if so specified, or to adopt new or more restrictive measures if market access is unbound, that do not conform to the obligations set out in Articles 10.6 (Market Access) or 11.4 (Market Access).
6. In the interpretation of an entry, all elements of that entry shall be considered.
7. A commitment undertaken 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 commitment excludes a Member State.
8. A commitment undertaken 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. This Annex only contains limitations on market access which are non-discriminatory. 10. For greater certainty, the following measures do not constitute limitations on market access within the meaning of Articles 10.6 (Market Access) and 11.4 (Market Access), provided they are non-discriminatory:
(a) measures requiring the separation of the ownership of infrastructure from the ownership of the goods or services provided through that infrastructure to ensure fair competition, for example in the fields of energy, transportation and telecommunications;
(b) measures restricting the concentration of ownership to ensure fair competition;
(c) measures seeking to ensure the conservation and protection of natural resources and the environment, including a limitation on the availability, number and scope of concessions granted, and the imposition of a moratorium or ban;
(d) measures limiting the number of authorisations granted because of technical or physical constraints, for example telecommunications spectra and frequencies; or (e) measures requiring that a certain percentage of the shareholders, owners, partners, or directors of an enterprise be qualified or practice a certain profession such as lawyers or accountants.
11. The following abbreviations are used in the Schedule of the European Union:
AT Austria
BE Belgium (1)
BG Bulgaria
CY Cyprus
CZ Czechia
DE Germany
DK Denmark
EE Estonia
EEA European Economic Area
EL Greece
ES Spain
EU European Union, including all its Member States
FI Finland (2)
FR France
HR Croatia
HU Hungary
IE Ireland
IT Italy
LT Lithuania
LU Luxembourg
LV Latvia
MT Malta
NL Netherlands
PL Poland
PT Portugal
RO Romania
SE Sweden
SI Slovenia
SK Slovakia
12. For the purposes of the Schedule of Mexico:
(a) "1)" refers to the supply of a service from the territory of the European Union into the territory of Mexico;
(b) "2)" refers to the supply of a service in the territory of the European Union by a person of the European Union to a person of Mexico;
(c) "3)" refers to the supply of a service in the territory of Mexico by an investor of the European Union, or to a covered investment;
(d) "4)" refers to the supply of a service by a natural person of the European Union in the territory of Mexico.
Appendix III-A. MARKET ACCESS COMMITMENTS SCHEDULE OF THE EU
Sector or Subsector Limitations on Market Access
III-EU-1 – All sectors Commercial presence With respect to Investment: In the EU: Any Member State when selling or disposing of its equity interests in, or the assets of, an existing state enterprise or an existing governmental entity providing health, social or education services (CPC 93, 92) may prohibit or impose limitations on the ownership of those interests or assets, and on the ability of owners of those interests or assets to control any resulting enterprise, by investors of Mexico or their investments. With respect to that sale or other disposition, any Member State may adopt or maintain any measure limiting the number of suppliers. With respect to Investment: In the EU: Services considered as public utilities at national or local level may be subject to public monopolies or to exclusive rights granted to private operators. Public utilities exist in sectors such as related scientific and technical consulting services, research and development (R&D) services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on those services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical. This reservation does not apply to telecommunications and to computer and related services. In BG: Certain economic activities related to the exploitation or use of State or public property are subject to concessions granted under the provisions of the Concessions Act. In commercial corporations in which the State or a municipality holds a share in the capital exceeding 50 %, any transactions for disposition of fixed assets of the corporation, to conclude any contracts for acquisition of participating interest, lease, joint activity, credit, securing of receivables, as well as incurring any obligations arising under bills of exchange, are subject to authorisation or permission by the Privatisation Agency or other state or regional bodies, whichever is the competent authority. This reservation does not apply to mining and quarrying, which are subject to a separate reservation. In HU: Commercial presence must take the form of a limited liability company, joint-stock company or representative office. Initial entry as a branch is not permitted except for financial services. In IT: The acquisition of equity stakes of companies operating in the fields of defence and national security, and the acquisition of strategic assets in the fields of transport services, telecommunications and energy, may be subject to the approval of the Presidency of the Council of Ministers' Office. In IT: The State may exercise certain special powers in enterprises operating in the areas of defence and national security, and in certain activities of strategic importance in the areas of energy, transport and communications. This relates to all juridical persons carrying out activities considered of strategic importance in the areas of defence and national security, not only to privatised companies. Where there is a threat of serious injury to the essential interests of defence and national security, the Government has special powers to: (a) impose specific conditions in the purchase of shares; (b) veto the adoption of resolutions relating to special operations such as transfers, mergers, splitting up, and changes of activity; or (c) reject the acquisition of shares, if the buyer seeks to hold a level of participation in the capital that is likely to prejudice the interests of defence and national security. Any resolution, act and transaction (transfers, mergers, splitting up, change of activity, termination) relating to strategic assets in the areas of energy, transport and communications shall be notified by the concerned company to the Prime Minister's office. In particular, acquisitions by any natural or juridical person outside the EU that give this person control over the company shall be notified. The Prime Minister may exercise special powers to: (a) veto any resolution, act and transaction that constitutes an exceptional threat of serious injury to the public interest in the security and operation of networks and supplies; (b) impose specific conditions in order to guarantee the public interest; or (c) reject an acquisition in exceptional cases of risk to the essential interests of the State. The criteria on which to evaluate the real or exceptional threat of serious injury and conditions and procedures for the exercise of the special powers are laid down in the law. In LT: The Government may review and impose restrictions in relation to investment in enterprises of strategic importance to national security with respect to ownership (proportion of capital which may be held by private national or foreign persons conforming to national security interests); investment into enterprises, sectors and facilities of strategic importance to national security; and procedures and criteria for the determination of conformity of potential national investors and potential enterprise participants). Acquisition of real estate With respect to Investment: In HU: Unbound for the acquisition of state-owned properties. In DK: The acquisition of agricultural land by natural or legal persons is governed by the Danish Agricultural Holdings Act, which imposes restrictions on all persons, Danish or foreign, when acquiring agricultural property. Accordingly, any natural or legal person who wishes to acquire agricultural real property shall fulfil the requirements set out in that Act. Arms, munition and war material With respect to Investment and Cross-Border Trade in Services: In the EU: Unbound for the production or distribution of, or trade in, arms, munition and war material. War material is limited to any product which is solely intended and made for military use in connection with the conduct of war or defence activities.