AT Austria
BE Belgium (1)
BG Bulgaria
CSS Contractual Service Suppliers
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
IP Independent Professionals
IT Italy
LT Lithuania
LU Luxembourg
LV Latvia
MT Malta
NL Netherlands
PL Poland
PT Portugal
RO Romania
SE Sweden
SI Slovenia
SK Slovakia
11. 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 that Treaty, 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.
Appendix V-A. CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS LIST OF THE EU
Contractual Service Suppliers (CSS)
1. Subject to the conditions in paragraph 2 and the list of reservations in paragraph 9, the EU undertakes commitments in accordance with Article 12.6 (Contractual Service Suppliers) with respect to this category in the following sectors and subsectors:
(a) legal services; (3)
(b) accounting and bookkeeping services;
(c) taxation advisory services;
(d) architectural services and urban planning and landscape architectural services;
(e) engineering services and integrated engineering services;
(f) computer and related services;
(g) research and development services;
(h) advertising services;
(i) management consulting services;
(j) services related to management consulting;
(k) technical testing and analysis services;
(l) related scientific and technical consulting services;
(m) maintenance and repair of equipment in the context of an after-sales or after-lease services contract;
(n) translation services;
(o) construction services;
(p) site investigation work;
(q) higher education services;
(r) environmental services; and
(s) travel agencies and tour operators' services.
2. CSS shall comply with the following conditions:
(a) natural persons must be engaged in the supply of a service on a temporary basis as employees of an enterprise which has obtained a service contract not exceeding 12 months;
(b) natural persons entering the EU must have been offering those services as employees of the enterprise supplying the services during at least the year immediately preceding the date of submission of an application for entry into the EU; in addition, natural persons must possess, at the date of submission of an application for entry into the EU, at least three years of professional experience (4) in the sector of activity which is the subject of the contract;
(c) natural persons entering the EU must possess:
(i) a university degree or a qualification demonstrating knowledge of an equivalent level; (5) and
(ii) professional qualifications to exercise an activity if this is required by the law of the Member State where the service is supplied;
(d) naturals persons must not receive remuneration for the provision of services in the territory of the EU other than the remuneration paid by the enterprise employing the natural person; and
(e) the number of persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be requested by the law of the Member State where the service is supplied.
3. Access accorded pursuant to Article 12.6 (Contractual Service Suppliers) relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Member State where the service is supplied.
4. The permissible length of stay of contractual service suppliers is for a cumulative period of no more than 12 months, with extensions possible at the discretion of the EU and its Member States, in any 24-month period or for the duration of the contract, whichever is shorter.
Independent Professionals (IP)
5. Subject to the conditions in paragraph 6 and the list of reservations in paragraph 9, the EU undertakes commitments in accordance with Article 12.7 (Independent Professionals) with respect to this category in the following sectors and subsectors:
(a) legal services; (6)
(b) architectural services and urban planning and landscape architectural services;
(c) engineering services and integrated engineering services;
(d) computer and related services;
(e) management consulting services;
(h) services related to management consulting; and
(i) translation services.
6. IP shall comply with the following conditions:
(a) natural persons must be engaged in the supply of a service on a temporary basis as self‑employed persons established in Mexico and must have obtained a service contract for a period not exceeding 12 months;
(b) natural persons entering the EU must possess, at the date of submission of an application for entry into the EU, at least six years of professional experience in the sector of activity which is the subject of the contract;
(c) natural persons entering the EU must possess:
(i) a university degree or qualification demonstrating knowledge of an equivalent level; (7) and
(ii) professional qualifications to exercise an activity if this is a requirement of the Member State where the service is supplied.
7. Access accorded pursuant to Article 12.7 (Independent Professionals) relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Member State where the service is supplied.
8. The permissible length of stay of independent professionals is for a cumulative period of no more than 12 months, with extensions possible at the discretion of the EU and its Member States, in any 24-month period or for the duration of the contract, whichever is shorter.
9. List of reservations
Sector or subsector Description of reservations
V-EU-1 EU – All sectors Length of stay In AT: Maximum stay for CSS and IP shall be for a cumulative period of not more than six months in any 12-month period or for the duration of the contract, whichever is shorter. In CY: Maximum stay for CSS and IP shall be for a period of six months renewable once for an additional period of six months or for the duration of the contract, whichever is shorter. In BE, CZ, LT, MT and PT: Maximum stay for CSS and IP shall be for a period of not more than 12 consecutive months or for the duration of the contract, whichever is shorter.
V-EU-2 Legal advisory services in respect of public international law and foreign law (part of CPC 861) CSS: In BG, CZ, DK, FI, HU, LT, LV, MT, RO, SI and SK: Economic needs test. IP: In BE, BG, CZ, DK, EL, ES, FI, HU, IT, LT, MT, RO, SI and SK: Economic needs tests.
V-EU-3 Accounting and bookkeeping services (CPC 86212 other than auditing services, 86213, 86219 and 86220) CSS: In BG, CZ, CY, DK, EL, FI, FR, HU, LT, LV, MT, RO and SK: Economic needs test.
V-EU-4 Taxation services (CPC 863) 21 CSS: In BG, CY, CZ, DK, EL, FI, HU, LT, LV, MT, RO and SK: Economic needs test. In PT: Unbound.
V-EU-5 Architectural services and urban planning and landscape architectural services (CPC 8671 and 8674) CSS: In AT (planning services only): Economic needs test. In BG, CZ, DE, HU, LT, LV, RO and SK: Economic needs test. In DK: Economic needs test, except for CSS stays of up to three months. In FI: Natural persons must demonstrate that they possess special knowledge relevant to the service being supplied. IP: In AT (Planning services only): Economic needs test. In BE, BG, CZ, DK, ES, HU, IT, LT, RO and SK: Economic needs test. In FI: The natural person must demonstrate that they possess special knowledge relevant to the service being supplied.
V-EU-6 Engineering services and integrated engineering services (CPC 8672 and 8673) CSS: In AT (Planning services only): Economic needs test. In BG, CZ, DE, LT, LV, RO and SK: Economic needs test. In DK: Economic needs test, except for CSS stays of up to three months. In FI: The natural person must demonstrate that they possess special knowledge relevant to the service being supplied. In HU: Economic needs test. IP: In AT (Planning services only): Economic needs test. In BE, BG, CZ, DK, ES, IT, LT, RO and SK: Economic needs test. In FI: The natural person must demonstrate that they possess special knowledge relevant to the service being supplied. In HU: Economic needs test.
V-EU-7 Computer and related services (CPC 84) CSS: In AT, BG, CZ, CY, HU, LT, RO and SK: Economic needs test. In DK: Economic needs test except for CSS stays of up to three months. In FI: The natural person must demonstrate that they possess special knowledge relevant to the service being supplied. IP: In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, RO and SK: Economic needs test. In FI: The natural person must demonstrate that they possess special knowledge relevant to the service being supplied. In HR: Unbound.
V-EU-8 Research and development services (CPC 851, 852 excluding psychologists services 22 , and 853) CSS: EU except in NL and SE: A hosting agreement with an approved research organisation is required. 23 In CZ, DK, SK: Economic needs test.
V-EU-9 Advertising services (CPC 871) CSS: In AT, BG, CY, CZ, DK, EL, FI, HU, LT, LV, MT, RO and SK: Economic needs test.
V-EU-10 Management consulting services (CPC 865) CSS: In AT, BG, CZ, CY, HU, LT, RO and SK: Economic needs test. In DK: Economic needs test, except for CSS stays of up to three months. IP: In AT, BE, BG, CZ, DK, ES, HR, HU, IT, LT, RO and SK: Economic needs test.
V-EU-11 Services related to management consulting (CPC 866) CSS: In AT, BG, CY, CZ, LT, RO and SK: Economic needs test. In DK: Economic needs test, except for CSS stays of up to three months. In HU: Economic needs test, except for arbitration and conciliation services (CPC 86602), in which case: Unbound.
V-EU-12 Technical testing and analysis services (CPC 8676) CSS: In AT, BG, CZ, CY, FI, HU, LT, LV, MT, PT, RO and SK: Economic needs test. In DK: Economic needs test, except for CSS stays of up to three months.
V-EU-13 Related scientific and technical consulting services (CPC 8675) CSS: In AT, CZ, CY, DE, DK, FI, HU, LT, LV, MT, PT, RO and SK: Economic needs test. In BG: Unbound. In DE (Publicly appointed surveyors): Unbound. In FR: (Surveying operations relating to the establishment of property rights and to land law): Unbound.
V-EU-14 Maintenance and repair of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods 24 in the context of an after-sales or after-lease services contract (CPC 633, 7545, 8861, 8862, 8864, 8865 and 8866) CSS: In AT, BG, CZ, CY, DE, DK, HU, IE, LT, RO and SK: Economic needs test. In FI: Unbound, except in the context of an after sales or after lease contract, in which case the length of stay is limited to six months. Maintenance and repair of personal and household goods (CPC 633): Economic needs test.
V-EU-15 Translation services (CPC 87905, excluding official or certified activities) CSS: In AT, BG, CZ, DK, FI, HU, IE, LT, LV, RO and SK: Economic needs test. IP: In AT, BE, BG, CZ, DK, EL, ES, FI, HU, IE, IT, LT, RO and SK: Economic needs test. In HR: Unbound.
V-EU-16 Construction and related engineering services (CPC 511, 512, 513, 514, 515, 516, 517 and 518. BG: CPC 512, 5131, 5132, 5135, 514, 5161, 5162, 51641, 51643, 51644, 5165 and 517) CSS: EU: Unbound except in BE, CZ, DK, ES, FR, NL and SE. In CZ: Economic needs test. In FR: Unbound, except for technicians, if: The work permit is delivered for a period not exceeding six months. Compliance with an economic needs test is required.
V-EU-17 Site investigation work (CPC 5111) CSS: In AT, BG, CZ, CY, FI, HU, LT, LV, RO and SK: Economic needs test. In DK: Economic needs test, except for stays of up to three months.
V-EU-18 Higher education services (CPC 923) CSS: EU except in LU, SE: Unbound. In LU: Unbound, except for university professors, in which case none. In SE: (Publicly funded and privately funded educational services suppliers with some form of State support): Unbound.
V-EU-19 Environmental services (CPC 9401, 9402, 9403, 9404, part of 94060, 9405, part of 9406 and 9409) CSS: In AT, BG, CZ, CY, DE, DK, EL, HU, LT, LV, RO and SK: Economic needs test.
V-EU-20 Travel agency and tour operator services (CPC 7471 including tour managers 25 ) CSS: In BE, IE: Unbound, except for tour managers, in which case none. In BG, EL, FI, HU, LT, LV, MT, PT, RO and SK: Economic needs test. In DK: Economic needs test, except for stays of up to three months.
Appendix V-B. CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS LIST OF MEXICO
Contractual Service Suppliers
1. This category also includes professionals and technician professionals.
2. For the purposes of this category:
(a) "professional" means a natural person who is engaged in a specialty occupation requiring:
(i) theoretical and practical application of a body of specialised knowledge; and
(ii) attainment of a post-secondary degree for entry into the occupation;
(b) "technician professional" means a professional who has:
(i) theoretical and practical application of a body of specialised knowledge; and
(ii) attained a post-secondary technical degree for entry into the occupation.
3. List of reservations
Sector or Subsector: All sectors
Conditions and Limitations (including length of stay)
1. For the purposes of temporary entry, Mexico shall grant a stay of one year, which may be extended three times for one year each time.
2. Mexico shall grant temporary entry and provide confirming documentation to a business person seeking to engage in a business activity at a professional level or technician professional, based on a work contract, provided the following are submitted:
(a) documentation demonstrating that the business person shall be so engaged and describing the purpose of entry; and
(b) documentation demonstrating that the business person has the minimal academic requirements or alternative academic degrees or certificates.
3. For greater certainty, the temporary entry of a professional or technician professional shall not imply the recognition of academic degrees or certificates, or the granting of licenses for professional practice.
4. This category is subject to a remunerated employment offer in Mexico.
5. The following occupations or activities shall be granted temporary entry in the category of technician professional:
(a) designing and advertising;
(b) architecture and interior design;
(c) accounting and management;
(d) tourism and gastronomy;
(e) systems and computing;
(f) engineering;
(g) health (includes technical nursing, pharmacy and physiotherapy);
(h) construction;
(i) electricity and communication;
(j) industrial production; and
(k) maintenance and repair of machinery and equipment (includes maintenance and repair of all types of vehicles, vessels and aircraft), provided that the technician professional is not part of the staff that manned any vessel or aircraft flying the flag or displaying Mexican merchant logo.
Mexico shall grant temporary entry and stay to spouses of European Union contractual service suppliers, European Union professionals and European Union technician professionals. Mexico shall grant a work permit to spouses of European Union contractual service suppliers, European Union professionals and European Union technician professionals, subject to prior employment offer in accordance with Mexican law.
ANNEX VI. FINANCIAL SERVICES
EXPLANATORY NOTES
1. The List of a Party to this Annex sets out:
(a) in Section A, pursuant to paragraph 1 of Article 18.12 (Reservations and Non-Conforming Measures), the existing measures of that Party that do not conform to the obligations set out in the following provisions:
(i) 18.3 (National Treatment);
(ii) 18.4 (Most-Favoured-Nation Treatment);
(iii) 18.5 (Market Access);
(iv) 18.6 (Senior Management and Board of Directors); or