text:
L 444/14 EN Official Journal of the European Union 31.12.2020
 TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE
 EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM
 OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART
 ---pagebreak--- PREAMBLE ..................................................................................................................................... 19
 PART ONE: COMMON AND INSTITUTIONAL PROVISIONS ..............................................................22
 Title I: General provisions ............................................................................................................. 22
 Title II: Principles of interpretation and definitions ...................................................................... 22
 Title III: Institutional framework ................................................................................................... 23
 PART TWO: TRADE, TRANSPORT, FISHERIES AND OTHER ARRANGEMENTS ...................................31
 HEADING ONE: TRADE ...................................................................................................................... 31
 Title I: Trade in goods .................................................................................................................... 31
 Title II: Services and investment ................................................................................................... 88
 Title III: Digital trade.................................................................................................................... 130
 Title IV: Capital movements, payments, transfers and temporary safeguard measures ........... 137
 Title V: Intellectual property ....................................................................................................... 139
 Title VI: Public procurement ....................................................................................................... 162
 Title VII: Small and medium-sized enterprises............................................................................ 168
 Title VIII: Energy .......................................................................................................................... 171
 Title IX: Transparency.................................................................................................................. 187
 Title X: Good regulatory practices and regulatory cooperation ................................................. 189
 Title XI: Level playing field for open and fair competition and sustainable development ......... 194
 Title XII: Exceptions ..................................................................................................................... 232
 HEADING TWO: AVIATION .............................................................................................................. 237
 Title I: Air transport ..................................................................................................................... 237
 Title II: Aviation safety ................................................................................................................ 257
 HEADING THREE: ROAD TRANSPORT .............................................................................................. 263
 Title I: Transport of goods by road .............................................................................................. 263
 Title II: Transport of passengers by road .................................................................................... 269
 HEADING FOUR: SOCIAL SECURITY COORDINATION AND VISAS FOR SHORT-TERM VISITS ........... 278
 Title I: Social security coordination ............................................................................................. 278
 Title II: Visas for short-term visits ............................................................................................... 278
 HEADING FIVE: FISHERIES ............................................................................................................... 279
 HEADING SIX: OTHER PROVISIONS ................................................................................................. 293
 PART THREE: LAW ENFORCEMENT AND JUDICIAL COOPERATION IN CRIMINAL MATTERS ........... 300
 Title I: General provisions ........................................................................................................... 300
 Title II: Exchanges of DNA, fingerprints and vehicle registration data ....................................... 303
 Title III: Transfer and processing of passenger name record data.............................................. 309
 Title IV: Cooperation on operational information ...................................................................... 320
 Title V: Cooperation with Europol .............................................................................................. 321
 Title VI: Cooperation with Eurojust ............................................................................................. 328
 ---pagebreak--- Title VII: Surrender ...................................................................................................................... 332
 Title VIII: Mutual assistance ........................................................................................................ 349
 Title IX: Exchange of criminal record information ...................................................................... 353
 Title X: Anti-money laundering and counter terrorist financing................................................. 356
 Title XI: Freezing and confiscation .............................................................................................. 359
 Title XII: Other provisions............................................................................................................ 374
 Title XIII: Dispute settlement ...................................................................................................... 379
 PART FOUR: THEMATIC COOPERATION ....................................................................................... 382
 Title I: Health security ................................................................................................................. 382
 Title II: Cyber security ................................................................................................................. 383
 PART FIVE: PARTICIPATION IN UNION PROGRAMMES, SOUND FINANCIAL MANAGEMENT AND
 FINANCIAL PROVISIONS .............................................................................................................. 386
 PART SIX: DISPUTE SETTLEMENT AND HORIZONTAL PROVISIONS ................................................ 404
 Title I: Dispute settlement .......................................................................................................... 404
 Title II: Basis for cooperation ...................................................................................................... 418
 Title III: Fulfillment of obligations and safeguard measures ....................................................... 421
 PART SEVEN: FINAL PROVISIONS ................................................................................................. 423
 ANNEXES .................................................................................................................................... 435
 ANNEX INST: RULES OF PROCEDURE OF THE PARTNERSHIP COUNCIL AND COMMITTEES .......... 435
 ANNEX ORIG-1: INTRODUCTORY NOTES TO PRODUCT-SPECIFIC RULES OF ORIGIN ...................... 440
 ANNEX ORIG-2: PRODUCT SPECIFIC RULES OF ORIGIN................................................................... 448
 ANNEX ORIG-2A: ORIGIN QUOTAS AND ALTERNATIVES TO THE PRODUCT-SPECIFIC RULES OF
 ORIGIN IN ANNEX ORIG-2 [PRODUCT-SPECIFIC RULES OF ORIGIN]................................................ 496
 ANNEX ORIG-2B: TRANSITIONAL PRODUCT-SPECIFIC RULES FOR ELECTRIC ACCUMULATORS AND
 ELECTRIFIED VEHICLES .................................................................................................................... 499
 ANNEX ORIG-3: SUPPLIER’S DECLARATION .................................................................................... 503
 ANNEX ORIG-4: TEXT OF THE STATEMENT ON ORIGIN .................................................................. 507
 ANNEX ORIG-5: JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA ................. 509
 ANNEX ORIG-6: JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO .................. 510
 ANNEX SPS-1: CRITERIA REFERRED TO IN ARTICLE SPS.19(d) ......................................................... 511
 ANNEX TBT-1: MOTOR VEHICLES AND EQUIPMENT AND PARTS THEREOF ................................... 512
 ANNEX TBT-2: MEDICINAL PRODUCTS ............................................................................................ 517
 ANNEX TBT-3: CHEMICALS .............................................................................................................. 529
 ANNEX TBT-4: ORGANIC PRODUCTS ............................................................................................... 532
 ANNEX-TBT-5: TRADE IN WINE ....................................................................................................... 540
 ANNEX TBT-XX – ARRANGEMENT REFERRED TO IN ARTICLE TBT.9(4) FOR THE REGULAR EXCHANGE
 OF INFORMATION IN RELATION TO THE SAFETY OF NON-FOOD PRODUCTS AND RELATED
 PREVENTIVE, RESTRICTIVE AND CORRECTIVE MEASURES .............................................................. 548
 16
 ---pagebreak--- ANNEX TBT-ZZ – ARRANGEMENT REFERRED TO IN ARTICLE TBT.9(5) FOR THE REGULAR EXCHANGE
 OF INFORMATION REGARDING MEASURES TAKEN ON NON-COMPLIANT NON-FOOD PRODUCTS,
 OTHER THAN THOSE COVERED BY ARTICLE TBT.9(4) ..................................................................... 549
 ANNEX CUSTMS-1: AUTHORISED ECONOMIC OPERATORS ............................................................ 550
 ANNEX SERVIN-1: EXISTING MEASURES ......................................................................................... 555
 ANNEX SERVIN-2: FUTURE MEASURES ........................................................................................... 669
 ANNEX SERVIN-3: BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES, INTRA-CORPORATE
 TRANSFEREES AND SHORT-TERM BUSINESS VISITORS ................................................................... 766
 ANNEX SERVIN-4: CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS ....... 772
 ANNEX SERVIN-5: MOVEMENT OF NATURAL PERSONS ................................................................. 793
 ANNEX SERVIN-6: GUIDELINES FOR ARRANGEMENTS ON THE RECOGNITION OF PROFESSIONAL
 QUALIFICATIONS ............................................................................................................................. 795
 ANNEX PPROC-1: PUBLIC PROCUREMENT ...................................................................................... 800
 ANNEX ENER-1: LISTS OF ENERGY GOODS, HYDROCARBONS AND RAW MATERIALS .................... 805
 ANNEX ENER-2: ENERGY AND ENVIRONMENTAL SUBSIDIES ......................................................... 807
 ANNEX ENER-3: NON-APPLICATION OF THIRD-PARTY ACCESS AND OWNERSHIP UNBUNDLING TO
 INFRASTRUCTURE ........................................................................................................................... 808
 ANNEX ENER-4: ALLOCATION OF ELECTRICITY INTERCONNECTOR CAPACITY AT THE DAY-AHEAD
 MARKET TIMEFRAME ...................................................................................................................... 809
 ANNEX AVSAF-1: AIRWORTHINESS AND ENVIRONMENT CERTIFICATION ..................................... 811
 ANNEX ROAD-1: TRANSPORT OF GOODS BY ROAD ........................................................................ 826
 ANNEX ROAD-2: MODEL OF AUTHORISATION FOR AN INTERNATIONAL REGULAR AND SPECIAL
 REGULAR SERVICE ........................................................................................................................... 911
 ANNEX ROAD-3: MODEL OF APPLICATION FOR AN AUTHORISATION FOR AN INTERNATIONAL
 REGULAR AND SPECIAL REGULAR SERVICE ..................................................................................... 915
 ANNEX ROAD-4: MODEL OF JOURNEY FORM FOR OCCASIONAL SERVICES ................................... 917
 ANNEX FISH.1 .................................................................................................................................. 919
 ANNEX FISH.2 .................................................................................................................................. 922
 ANNEX FISH.3 .................................................................................................................................. 924
 ANNEX FISH.4: PROTOCOL ON ACCESS TO WATERS ....................................................................... 926
 ANNEX LAW-1: EXCHANGES OF DNA, FINGERPRINTS AND VEHICLE REGISTRATION DATA ........... 927
 ANNEX LAW-2: PASSENGER NAME RECORD DATA ...................................................................... 1019
 ANNEX LAW-3: FORMS OF CRIME FOR WHICH EUROPOL IS COMPETENT ................................... 1021
 ANNEX LAW-4: FORMS OF SERIOUS CRIME FOR WHICH EUROJUST IS COMPETENT................... 1023
 ANNEX LAW-5: ARREST WARRANT ............................................................................................... 1025
 ANNEX LAW-6: EXCHANGE OF CRIMINAL RECORD INFORMATION – TECHNICAL AND PROCEDURAL
 SPECIFICATIONS ............................................................................................................................ 1033
 ANNEX LAW-7: DEFINITION OF TERRORISM ................................................................................. 1057
 ANNEX LAW-8: FREEZING AND CONFISCATION ............................................................................ 1061
 17
 ---pagebreak--- ANNEX UNPRO-1: IMPLEMENTATION OF THE FINANCIAL CONDITIONS ...................................... 1078
 ANNEX INST: RULES OF PROCEDURE FOR DISPUTE SETTLEMENT ................................................ 1081
 ANNEX INST: CODE OF CONDUCT FOR ARBITRATORS .................................................................. 1088
 PROTOCOL ON ADMINISTRATIVE COOPERATION AND COMBATING FRAUD IN THE FIELD OF VALUE
 ADDED TAX AND ON MUTUAL ASSISTANCE FOR THE RECOVERY OF CLAIMS RELATING TO TAXES
 AND DUTIES .............................................................................................................................. 1091
 TITLE I: GENERAL PROVISIONS .................................................................................................. 1091
 TITLE II: ADMINISTRATIVE COOPERATION AND COMBATING VAT FRAUD ............................... 1095
 TITLE III: RECOVERY ASSISTANCE .............................................................................................. 1100
 TITLE IV: IMPLEMENTATION AND APPLICATION....................................................................... 1109
 TITLE V: FINAL PROVISIONS....................................................................................................... 1110
 ANNEX TO THE PROTOCOL ON ADMINISTRATIVE COOPERATION AND COMBATING FRAUD IN THE
 FIELD OF VALUE ADDED TAX AND ON MUTUAL ASSISTANCE FOR THE RECOVERY OF CLAIMS
 RELATING TO TAXES AND DUTIES ................................................................................................. 1112
 PROTOCOL ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS ....................... 1156
 PROTOCOL ON SOCIAL SECURITY COORDINATION .................................................................... 1162
 TITLE I: GENERAL PROVISIONS .................................................................................................. 1162
 TITLE II: DETERMINATION OF THE LEGISLATION APPLICABLE .................................................. 1168
 TITLE III: SPECIAL PROVISIONS CONCERNING THE VARIOUS CATEGORIES OF BENEFITS ......... 1172
 TITLE IV: MISCELLANEOUS PROVISIONS ................................................................................... 1188
 TITLE V: FINAL PROVISIONS....................................................................................................... 1192
 ANNEX SSC-1: CERTAIN BENEFITS IN CASH TO WHICH THE PROTOCOL SHALL NOT APPLY ......... 1194
 ANNEX SSC-2: RESTRICTION OF RIGHTS TO BENEFITS IN KIND FOR MEMBERS OF THE FAMILY OF A
 FRONTIER WORKER ....................................................................................................................... 1209
 ANNEX SSC-3: MORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT STATE .......... 1210
 ANNEX SSC-4: CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED OR SHALL NOT
 APPLY ............................................................................................................................................ 1211
 ANNEX SSC-5: BENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION OF ARTICLE SSC.49
 [Overlapping of benefits of the same kind] .................................................................................. 1216
 ANNEX SSC-6: SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE MEMBER
 STATES AND OF THE UNITED KINGDOM ....................................................................................... 1219
 ANNEX SSC-7: IMPLEMENTING PART ............................................................................................ 1232
 ANNEX SSC-8: TRANSITIONAL PROVISIONS REGARDING THE APPLICATION OF ARTICLE SSC.11
 [Detached workers] ...................................................................................................................... 1276
 18
 ---pagebreak--- TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE
 EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM
 OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART
 PREAMBLE
 THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY
 AND
 THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
 REAFFIRMING their commitment to democratic principles, to the rule of law, to human rights, to
 countering proliferation of weapons of mass destruction and to the fight against climate change,
 which constitute essential elements of this and supplementing agreements,
 RECOGNISING the importance of global cooperation to address issues of shared interest,
 RECOGNISING the importance of transparency in international trade and investment to the benefit of
 all stakeholders,
 SEEKING to establish clear and mutually advantageous rules governing trade and investment
 between the Parties,
 CONSIDERING that in order to guarantee the efficient management and correct interpretation and
 application of this Agreement and any supplementing agreement as well as compliance with the
 obligations under those agreements, it is essential to establish provisions ensuring overall
 governance, in particular dispute settlement and enforcement rules that fully respect the autonomy
 of the respective legal orders of the Union and of the United Kingdom, as well as the United
 Kingdom’s status as a country outside the European Union,
 BUILDING upon their respective rights and obligations under the Marrakesh Agreement Establishing
 the World Trade Organization, done on 15 April 1994, and other multilateral and bilateral
 instruments of cooperation,
 RECOGNISING the Parties’ respective autonomy and rights to regulate within their territories in order
 to achieve legitimate public policy objectives such as the protection and promotion of public health,
 social services, public education, safety, the environment including climate change, public morals,
 social or consumer protection, animal welfare, privacy and data protection and the promotion and
 protection of cultural diversity, while striving to improve their respective high levels of protection,
 BELIEVING in the benefits of a predictable commercial environment that fosters trade and investment
 between them and prevents distortion of trade and unfair competitive advantages, in a manner
 conducive to sustainable development in its economic, social and environmental dimensions,
 RECOGNISING the need for an ambitious, wide-ranging and balanced economic partnership to be
 underpinned by a level playing field for open and fair competition and sustainable development,
 through effective and robust frameworks for subsidies and competition and a commitment to uphold
 their respective high levels of protection in the areas of labour and social standards, environment, the
 fight against climate change, and taxation,
 19
 ---pagebreak--- RECOGNISING the need to ensure an open and secure market for businesses, including medium-sized
 enterprises, and their goods and services through addressing unjustified barriers to trade and
 investment,
 NOTING the importance of facilitating new opportunities for businesses and consumers through
 digital trade, and addressing unjustified barriers to data flows and trade enabled by electronic
 means, whilst respecting the Parties' personal data protection rules,
 DESIRING that this Agreement contributes to consumer welfare through policies ensuring a high level
 of consumer protection and economic well-being, as well as encouraging cooperation between
 relevant authorities,
 CONSIDERING the importance of cross-border connectivity by air, by road and by sea, for passengers
 and for goods, and the need to ensure high standards in the provision of transportation services
 between the Parties,
 RECOGNISING the benefits of trade and investment in energy and raw materials and the importance
 of supporting the delivery of cost efficient, clean and secure energy supplies to the Union and the
 United Kingdom,
 NOTING the interest of the Parties in establishing a framework to facilitate technical cooperation and
 develop new trading arrangements for interconnectors which deliver robust and efficient outcomes
 for all timeframes,
 NOTING that cooperation and trade between the Parties in these areas should be based on fair
 competition in energy markets and non-discriminatory access to networks,
 RECOGNISING the benefits of sustainable energy, renewable energy, in particular offshore generation
 in the North Sea, and energy efficiency,
 DESIRING to promote the peaceful use of the waters adjacent to their coasts and the optimum and
 equitable utilisation of the marine living resources in those waters including the continued
 sustainable management of the shared stocks,
 NOTING that, the United Kingdom withdrew from the European Union and that with effect from 1
 January 2021, the United Kingdom is an independent coastal State with corresponding rights and
 obligations under international law,
 AFFIRMING that the sovereign rights of the coastal States exercised by the Parties for the purpose of
 exploring, exploiting, conserving and managing the living resources in their waters should be
 conducted pursuant to and in accordance with the principles of international law, including the
 United Nations Convention on the Law of the Sea of 10 December 1982,
 RECOGNISING the importance of the coordination of social security rights enjoyed by persons moving
 between the Parties to work, to stay or to reside, as well as the rights enjoyed by their family
 members and survivors,
 CONSIDERING that cooperation in areas of shared interest, such as science, research and innovation,
 nuclear research or space, in the form of the participation of the United Kingdom in the
 corresponding Union programmes under fair and appropriate conditions will benefit both Parties,
 20
 ---pagebreak--- CONSIDERING that cooperation between the United Kingdom and the Union relating to the
 prevention, investigation, detection or prosecution of criminal offences and to the execution of
 criminal penalties, including the safeguarding against and prevention of threats to public security,
 will enable the security of the United Kingdom and the Union to be strengthened,
 DESIRING that an agreement is concluded between the United Kingdom and the Union to provide a
 legal base for such cooperation,
 ACKNOWLEDGING that the Parties may supplement this Agreement with other agreements forming
 an integral part of their overall bilateral relations as governed by this Agreement and that the
 Agreement on Security Procedures for Exchanging and Protecting Classified Information is concluded
 as such a supplementing agreement, and enables the exchange of classified information between the
 Parties under this Agreement or any other supplementing agreement,
 HAVE AGREED AS FOLLOWS:
 21
 ---pagebreak--- PART ONE: COMMON AND INSTITUTIONAL PROVISIONS
 TITLE I: GENERAL PROVISIONS
 Article COMPROV.1: Purpose
 This Agreement establishes the basis for a broad relationship between the Parties, within an area of
 prosperity and good neighbourliness characterised by close and peaceful relations based on
 cooperation, respectful of the Parties’ autonomy and sovereignty.
 Article COMPROV.2: Supplementing agreements
 1. Where the Union and the United Kingdom conclude other bilateral agreements between
 them, such agreements shall constitute supplementing agreements to this Agreement, unless
 otherwise provided for in those agreements. Such supplementing agreements shall be an integral
 part of the overall bilateral relations as governed by this Agreement and shall form part of the
 overall framework.
 2. Paragraph 1 also applies to:
 (a) agreements between the Union and its Member States, of the one part, and the United
 Kingdom, of the other part; and
 (b) agreements between Euratom, of the one part, and the United Kingdom, of the other part.
 Article COMPROV.3: Good faith
 1. The Parties shall, in full mutual respect and good faith, assist each other in carrying out tasks
 that flow from this Agreement and any supplementing agreement.
 2. They shall take all appropriate measures, whether general or particular, to ensure the
 fulfilment of the obligations arising from this Agreement and from any supplementing agreement,
 and shall refrain from any measures which could jeopardise the attainment of the objectives of this
 Agreement or any supplementing agreement.
 TITLE II: PRINCIPLES OF INTERPRETATION AND DEFINITIONS
 Article COMPROV.13: Public international law
 1. The provisions of this Agreement and any supplementing agreement shall be interpreted in
 good faith in accordance with their ordinary meaning in their context and in light of the object and
 purpose of the agreement in accordance with customary rules of interpretation of public
 international law, including those codified in the Vienna Convention on the Law of Treaties, done at
 Vienna on 23 May 1969.
 2. For greater certainty, neither this Agreement nor any supplementing agreement establishes
 an obligation to interpret their provisions in accordance with the domestic law of either Party.
 3. For greater certainty, an interpretation of this Agreement or any supplementing agreement
 given by the courts of either Party shall not be binding on the courts of the other Party.
 22
 ---pagebreak--- Article COMPROV.16: Private rights
 1. Without prejudice to Article MOBI.SSC.67 [Protection of individual rights] and with the
 exception, with regard to the Union, of Part Three [Law enforcement and judicial cooperation ],
 nothing in this Agreement or any supplementing agreement shall be construed as conferring rights
 or imposing obligations on persons other than those created between the Parties under public
 international law, nor as permitting this Agreement or any supplementing agreement to be directly
 invoked in the domestic legal systems of the Parties.
 2. A Party shall not provide for a right of action under its law against the other Party on the
 ground that the other Party has acted in breach of this Agreement or any supplementing agreement.
 Article COMPROV.17: Definitions
 1. For the purposes of this Agreement and any supplementing agreement, and unless
 otherwise specified, the following definitions apply:
 (a) “data subject” means an identified or identifiable natural person; an identifiable person being
 a person who can be identified, directly or indirectly, in particular by reference to an identifier
 such as a name, an identification number, location data or an online identifier, or to one or
 more factors specific to the physical, physiological, genetic, mental, economic, cultural or
 social identity of that natural person;
 (b) “day” means a calendar day;
 (c) “Member State” means a Member State of the European Union;
 (d) “personal data” means any information relating to a data subject;
 (e) “State” means a Member State or the United Kingdom, as the context requires;
 (f) “territory” of a Party means in respect of each Party the territories to which the Agreement
 applies in accordance with Article FINPROV.1 [Territorial scope];
 (g) “the transition period” means the transition period provided for in Article 126 of the
 Withdrawal Agreement; and
 (h) “Withdrawal Agreement” means the Agreement on the withdrawal of the United Kingdom of
 Great Britain and Northern Ireland from the European Union and the European Atomic Energy
 Community, including its Protocols.
 2. Any reference to the “Union”, “Party” or “Parties” in this Agreement or any supplementing
 agreement shall be understood as not including the European Atomic Energy Community, unless
 otherwise specified or where the context otherwise requires.
 TITLE III: INSTITUTIONAL FRAMEWORK
 Article INST.1: Partnership Council
 1. A Partnership Council is hereby established. It shall comprise representatives of the Union
 and of the United Kingdom. The Partnership Council may meet in different configurations depending
 on the matters under discussion.
 23
 ---pagebreak--- 2. The Partnership Council shall be co-chaired by a Member of the European Commission and a
 representative of the Government of the United Kingdom at ministerial level. It shall meet at the
 request of the Union or the United Kingdom, and, in any event, at least once a year, and shall set its
 meeting schedule and its agenda by mutual consent.
 3. The Partnership Council shall oversee the attainment of the objectives of this Agreement
 and any supplementing agreement. It shall supervise and facilitate the implementation and
 application of this Agreement and of any supplementing agreement. Each Party may refer to the
 Partnership Council any issue relating to the implementation, application and interpretation of this
 Agreement or of any supplementing agreement.
 4. The Partnership Council shall have the power to:
 (a) adopt decisions in respect of all matters where this Agreement or any supplementing
 agreement so provides;
 (b) make recommendations to the Parties regarding the implementation and application of this
 Agreement or of any supplementing agreement;
 (c) adopt, by decision, amendments to this Agreement or to any supplementing agreement in the
 cases provided for in this Agreement or in any supplementing agreement;
 (d) except in relation to Title III [Institutional Framework] of Part One [Common and institutional
 provisions], until the end of the fourth year following the entry into force of this Agreement,
 adopt decisions amending this Agreement or any supplementing agreement, provided that
 such amendments are necessary to correct errors, or to address omissions or other
 deficiencies;
 (e) discuss any matter related to the areas covered by this Agreement or by any supplementing
 agreement;
 (f) delegate certain of its powers to the Trade Partnership Committee or to a Specialised
 Committee, except those powers and responsibilities referred to in point (g) of Article
 INST.1(4) [Partnership Council];
 (g) by decision, establish Trade Specialised Committees and Specialised Committees, other than
 those referred to in Article INST.2(1) [Committees], dissolve any Trade Specialised Committee
 or Specialised Committee, or change the tasks assigned to them; and
 (h) make recommendations to the Parties regarding the transfer of personal data in specific areas
 covered by this Agreement or any supplementing agreement.
 5. The work of the Partnership Council shall be governed by the rules of procedure set out in
 ANNEX INST-1 [Rules of Procedure of the Partnership Council and Committees]. The Partnership
 Council may amend that Annex.
 Article INST.2: Committees
 1. The following Committees are hereby established:
 24
 ---pagebreak--- (a) the Trade Partnership Committee, which addresses matters covered by Titles I to VII, Chapter
 4 [Energy goods and raw materials] of Title VIII, Titles IX to XII of Heading One [Trade] of Part
 Two, Heading Six [Other provisions] of Part Two, and Annex ENER-2 [ENERGY AND
 ENVIRONMENTAL SUBSIDIES];
 (b) the Trade Specialised Committee on Goods which addresses matters covered by Chapter 1 of
 Title I of Heading One of Part Two and Chapter four [Energy goods and raw materials] of Title
 VIII of Heading One of Part Two;
 (c) the Trade Specialised Committee on Customs Cooperation and Rules of Origin, which
 addresses matters covered by Chapters 2 and 5 of Title I of Heading One of Part Two, the
 Protocol on mutual administrative assistance in customs matters and the provisions on
 customs enforcement of intellectual property rights, fees and charges, customs valuation and
 repaired goods;
 (d) the Trade Specialised Committee on Sanitary and Phytosanitary Measures, which addresses
 matters covered by Chapter 3 of Title I of Heading One of Part Two;
 (e) the Trade Specialised Committee on Technical Barriers to Trade, which addresses matters
 covered by Chapter 4 of Title I of Heading One of Part Two and Article ENER.25 [Cooperation
 on standards] of Title VIII [Energy] of Heading One of Part Two;
 (f) the Trade Specialised Committee on Services, Investment and Digital Trade, which addresses
 matters covered by Titles II to IV of Heading One of Part Two and Chapter 4 [Energy Goods
 and Raw Materials] of Title VIII of Heading One of Part Two;
 (g) the Trade Specialised Committee on Intellectual Property, which addresses matters covered
 by Title V of Heading One of Part Two;
 (h) the Trade Specialised Committee on Public Procurement, which addresses matters covered by
 Title VI of Heading One of Part Two;
 (i) the Trade Specialised Committee on Regulatory Cooperation, which addresses matters
 covered by Title X of Heading One of Part Two;
 (j) the Trade Specialised Committee on Level Playing Field for Open and Fair Competition and
 Sustainable Development, which addresses matters covered by Title XI of Heading One of Part
 Two and Annex ENER-2 [ENERGY AND ENVIRONMENTAL SUBSIDIES];
 (k) the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes
 and Duties, which addresses matters covered by the Protocol on administrative cooperation
 and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery
 of claims relating to taxes and duties;]
 (l) the Specialised Committee on Energy,
 (i) which addresses matters covered by Title VIII of Heading One of Part Two, with the
 exception of Chapter 4 [Energy Goods and Raw Materials], Article ENER.25
 [Cooperation on Standards] and Annex ENER-2 [ENERGY AND ENVIRONMENTAL
 SUBSIDIES], and
 25
 ---pagebreak--- (ii) which can discuss and provide expertise to the relevant Trade Specialised Committee
 on matters pertaining to Chapter four [Energy Goods and Raw Materials] and Article
 ENER.25 [Cooperation on Standards] of Title VIII of Heading One of Part Two;
 (m) the Specialised Committee on Air Transport, which addresses matters covered by Title I of
 Heading Two of Part Two;
 (n) the Specialised Committee on Aviation Safety, which addresses matters covered by Title II of
 Heading Two of Part Two;
 (o) the Specialised Committee on Road Transport, which addresses matters covered by Heading
 Three [Road Transport] of Part Two;
 (p) the Specialised Committee on Social Security Coordination, which addresses matters covered
 by Heading Four of Part Two and the Protocol on Social Security Coordination;
 (q) the Specialised Committee on Fisheries, which addresses matters covered by Heading Five
 [Fisheries] of Part Two;
 (r) the Specialised Committee on Law Enforcement and Judicial Cooperation, which addresses
 matters covered by Part Three [Law enforcement and judicial cooperation in criminal
 matters]; and
 (s) the Specialised Committee on Participation in Union Programmes, which addresses matters
 covered by Part Five [Union programmes].
 2. With respect to issues related to Titles I to VII, Chapter 4 [Energy goods and raw materials]
 of Title VIII, Titles IX to XII of Heading One [Trade] of Part Two, Heading Six [Other provisions] of Part
 Two and Annex ENER-2 [ENERGY AND ENVIRONMENTAL SUBSIDIES], the Trade Partnership
 Committee referred to in paragraph 1 of this Article shall have the power to:
 (a) assist the Partnership Council in the performance of its tasks and, in particular, report to the
 Partnership Council and carry out any task assigned to it by the latter;
 (b) supervise the implementation of this Agreement or any supplementing agreement;
 (c) adopt decisions or make recommendations as provided for in this Agreement or any
 supplementing agreement or where such power has been delegated to it by the Partnership
 Council;
 (d) supervise the work of the Trade Specialised Committees referred to in paragraph 1 of this
 Article;
 (e) explore the most appropriate way to prevent or solve any difficulty that may arise in relation
 to the interpretation and application of this Agreement or any supplementing agreement,
 without prejudice to Title I [Dispute settlement] of Part Six ;
 (f) exercise the powers delegated to it by the Partnership Council pursuant to point (f) of Article
 INST.1(4) [Partnership Council];
 26
 ---pagebreak--- (g) establish, by decision, Trade Specialised Committees other than those referred to in
 paragraph 1 of this Article, dissolve any such Trade Specialised Committee, or change the
 tasks assigned to them; and
 (h) establish, supervise, coordinate and dissolve Working Groups, or delegate their supervision to
 a Trade Specialised Committee.
 3. With respect to issues related to their area of competence, Trade Specialised Committees
 shall have the power to:
 (a) monitor and review the implementation and ensure the proper functioning of this Agreement
 or any supplementing agreement;
 (b) assist the Trade Partnership Committee in the performance of its tasks and, in particular,
 report to the Trade Partnership Committee and carry out any task assigned to them by it;
 (c) conduct the preparatory technical work necessary to support the functions of the Partnership
 Council and the Trade Partnership Committee, including when those bodies have to adopt
 decisions or recommendations;
 (d) adopt decisions in respect of all matters where this Agreement or any supplementing
 agreement so provides;
 (e) discuss technical issues arising from the implementation of this Agreement or of any
 supplementing agreement, without prejudice to Title I [Dispute Settlement] of Part Six; and
 (f) provide a forum for the Parties to exchange information, discuss best practices and share
 implementation experience.
 4. With respect to issues related to their area of competence, Specialised Committees shall
 have the power to:
 (a) monitor and review the implementation and ensure the proper functioning of this Agreement
 or any supplementing agreement;
 (b) assist the Partnership Council in the performance of its tasks and, in particular, report to the
 Partnership Council and carry out any task assigned to them by it;
 (c) adopt decisions, including amendments, and recommendations in respect of all matters where
 this Agreement or any supplementing agreement so provides or for which the Partnership
 Council has delegated its powers to a Specialised Committee in accordance with point (f) of
 Article INST.1(4) [Partnership Council];
 (d) discuss technical issues arising from the implementation of this Agreement or any
 supplementing agreement;
 (e) provide a forum for the Parties to exchange information, discuss best practices and share
 implementation experience;
 (f) establish, supervise, coordinate and dissolve Working Groups; and
 27
 ---pagebreak--- (g) provide a forum for consultation pursuant to Article INST.13(7) [Consultations] of Title I
 [Dispute Settlement] of Part Six.
 5. Committees shall comprise representatives of each Party. Each Party shall ensure that its
 representatives on the Committees have the appropriate expertise with respect to the issues under
 discussion.
 6. The Trade Partnership Committee shall be co-chaired by a senior representative of the
 Union and a representative of the United Kingdom with responsibility for trade-related matters, or
 their designees. It shall meet at the request of the Union or the United Kingdom, and, in any event,
 at least once a year, and shall set its meeting schedule and its agenda by mutual consent.
 7. The Trade Specialised Committees and the Specialised Committees shall be co-chaired by a
 representative of the Union and a representative of the United Kingdom. Unless otherwise provided
 for in this Agreement, or unless the co-chairs decide otherwise, they shall meet at least once a year.
 8. Committees shall set their meeting schedule and agenda by mutual consent.
 9. The work of the Committees shall be governed by the rules of procedure set out in ANNEX
 INST-X [Rules of Procedure of the Partnership Council and Committees].
 10. By derogation from paragraph 9, a Committee may adopt and subsequently amend its own
 rules that shall govern its work.
 Article INST.3: Working Groups
 1. The following Working Groups are hereby established:
 (a) the Working Group on Organic Products, under the supervision of the Trade Specialised
 Committee on Technical Barriers to Trade;
 (b) the Working Group on Motor Vehicles and Parts, under the supervision of the Trade Specialised
 Committee on Technical Barriers to Trade;
 (c) the Working Group on Medicinal Products, under the supervision of the Trade Specialised
 Committee on Technical Barriers to Trade;
 (d) the Working Group on Social Security Coordination, under the supervision of the Specialised
 Committee on Social Security Coordination;
 2. Working Groups shall, under the supervision of Committees, assist Committees in the
 performance of their tasks and, in particular, prepare the work of Committees and carry out any task
 assigned to them by the latter.
 3. Working Groups shall comprise representatives of the Union and of the United Kingdom and
 shall be co-chaired by a representative of the Union and a representative of the United Kingdom.
 4. Working Groups shall set their own rules of procedure, meeting schedule and agenda by
 mutual consent.
 28
 ---pagebreak--- Article INST.4: Decisions and recommendations
 1. The decisions adopted by the Partnership Council, or, as the case may be, by a Committee,
 shall be binding on the Parties and on all the bodies set up under this Agreement and under any
 supplementing agreement, including the arbitration tribunal referred to in Title I [Dispute
 settlement] of Part Six. Recommendations shall have no binding force.
 2. The Partnership Council or, as the case may be, a Committee, shall adopt decisions and
 make recommendations by mutual consent.
 Article INST.5: Parliamentary cooperation
 1. The European Parliament and the Parliament of the United Kingdom may establish a
 Parliamentary Partnership Assembly consisting of Members of the European Parliament and of
 Members of the Parliament of the United Kingdom, as a forum to exchange views on the
 partnership.
 2. Upon its establishment, the Parliamentary Partnership Assembly:
 (a) may request relevant information regarding the implementation of this Agreement and any
 supplementing agreement from the Partnership Council, which shall then supply that
 Assembly with the requested information;
 (b) shall be informed of the decisions and recommendations of the Partnership Council; and
 (c) may make recommendations to the Partnership Council.
 Article INST.6: Participation of civil society
 The Parties shall consult civil society on the implementation of this Agreement and any
 supplementing agreement, in particular through interaction with the domestic advisory groups and
 the Civil Society Forum referred to in Articles INST.7 [Domestic advisory groups] and INST.8 [Civil
 Society Forum].
 Article INST.7: Domestic advisory groups
 1. Each Party shall consult on issues covered by this Agreement and any supplementing
 agreement its newly created or existing domestic advisory group or groups comprising a
 representation of independent civil society organisations including non-governmental organisations,
 business and employers' organisations, as well as trade unions, active in economic, sustainable
 development, social, human rights, environmental and other matters. Each Party may convene its
 domestic advisory group or groups in different configurations to discuss the implementation of
 different provisions of this Agreement or of any supplementing agreement.
 2. Each Party shall consider views or recommendations submitted by its domestic advisory
 group or groups. Representatives of each Party shall aim to consult with their respective domestic
 advisory group or groups at least once a year. Meetings may be held by virtual means.
 3. In order to promote public awareness of the domestic advisory groups, each Party shall
 endeavour to publish the list of organisations participating in its domestic advisory group or groups
 as well as the contact point for that or those groups.
 29
 ---pagebreak--- 4. The Parties shall promote interaction between their respective domestic advisory groups,
 including by exchanging where possible the contact details of members of their domestic advisory
 groups.
 Article INST.8: Civil Society Forum
 1. The Parties shall facilitate the organisation of a Civil Society Forum to conduct a dialogue on
 the implementation of Part Two of this Agreement. The Partnership Council shall adopt operational
 guidelines for the conduct of the Forum.
 2. The Civil Society Forum shall meet at least once a year, unless otherwise agreed by the
 Parties. The Civil Society Forum may meet by virtual means.
 3. The Civil Society Forum shall be open for the participation of independent civil society
 organisations established in the territories of the Parties, including members of the domestic
 advisory groups referred to in Article INST.7 [Domestic advisory groups]. Each Party shall promote a
 balanced representation, including non-governmental organisations, business and employers ́
 organisations and trade unions, active in economic, sustainable development, social, human rights,
 environmental and other matters.
 30
 ---pagebreak--- PART TWO: TRADE, TRANSPORT, FISHERIES AND OTHER ARRANGEMENTS
 HEADING ONE: TRADE
 TITLE I: TRADE IN GOODS
 Chapter 1: National treatment and market access for goods (including trade remedies)
 Article GOODS.1: Objective
 The objective of this Chapter is to facilitate trade in goods between the Parties and to maintain
 liberalised trade in goods in accordance with the provisions of this Agreement.
 Article GOODS.2: Scope
 Except as otherwise provided, this Chapter applies to trade in goods of a Party.
 Article GOODS.3: Definitions
 For the purposes of this Chapter, the following definitions apply:
 (a) “consular transactions” means the procedure of obtaining from a consul of the importing
 Party in the territory of the exporting Party, or in the territory of a third party, a consular
 invoice or a consular visa for a commercial invoice, certificate of origin, manifest, shipper’s
 export declaration or any other customs documentation in connection with the importation of
 the good;
 (b) “Customs Valuation Agreement” means the Agreement on Implementation of Article VII of
 GATT 1994;
 (c) “export licensing procedure” means an administrative procedure, whether or not referred to
 as licensing, used by a Party for the operation of export licensing regimes, requiring the
 submission of an application or other documentation, other than that generally required for
 customs clearance purposes, to the relevant administrative body as a prior condition for
 exportation from that Party;
 (d) “import licensing procedure” means an administrative procedure, whether or not referred to
 as licensing, used by a Party for the operation of import licensing regimes, requiring the
 submission of an application or other documentation, other than that generally required for
 customs clearance purposes, to the relevant administrative body or bodies as a prior condition
 for importation into the territory of the importing Party;
 (e) “originating goods” means, unless otherwise provided, a good qualifying under the rules of
 origin set out in Chapter 2 [Rules of origin] of this Title;
 (f) “performance requirement” means a requirement that:
 (i) a given quantity, value or percentage of goods be exported;
 (ii) goods of the Party granting an import licence be substituted for imported goods;
 31
 ---pagebreak--- (iii) a person benefiting from an import licence purchase other goods in the territory of
 the Party granting the import licence, or accord a preference to domestically produced
 goods;
 (iv) a person benefiting from an import licence produce goods in the territory of the Party
 granting the import licence, with a given quantity, value or percentage of domestic
 content; or
 (v) relates in whatever form to the volume or value of imports, to the volume or value of
 exports or to the amount of foreign exchange flows;
 (g) “remanufactured good” means a good classified in HS Chapters 32, 40, 84 to 90, 94 or 95 that:
 (i) is entirely or partially composed of parts obtained from used goods;
 (ii) has similar life expectancy and performance compared with such goods, when new;
 and
 (iii) is given an equivalent warranty to as that applicable to such goods when new; and
 (h) “repair” means any processing operation undertaken on a good to remedy operating defects
 or material damage and entailing the re-establishment of the good to its original function or
 to ensure compliance with technical requirements for its use. Repair of a good includes
 restoration and maintenance, with a possible increase in the value of the good from restoring
 the original functionality of that good, but does not include an operation or process that:
 (i) destroys the essential characteristics of a good, or creates a new or commercially
 different good;
 (ii) transforms an unfinished good into a finished good; or
 (iii) is used to improve or upgrade the technical performance of a good.
 Article GOODS.3A: Classification of goods
 The classification of goods in trade between the Parties under this Agreement is set out in each
 Party’s respective tariff nomenclature in conformity with the Harmonised System.
 Article GOODS.4: National treatment on internal taxation and regulation
 Each Party shall accord national treatment to the goods of the other Party in accordance with Article
 III of GATT 1994 including its Notes and Supplementary Provisions. To this end, Article III of GATT
 1994 and its Notes and Supplementary Provisions are incorporated into and made part of this
 Agreement, mutatis mutandis.
 Article GOODS.4A: Freedom of transit
 Each Party shall accord freedom of transit through its territory, via the routes most convenient for
 international transit, for traffic in transit to or from the territory of the other Party or of any other
 third country. To this end, Article V of GATT 1994 and its Notes and Supplementary Provisions are
 incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that
 32
 ---pagebreak--- Article V of GATT 1994 includes the movement of energy goods via inter alia pipelines or electricity
 grids.
 Article GOODS.5: Prohibition of customs duties
 Except as otherwise provided for in this Agreement, customs duties on all goods originating in the
 other Party shall be prohibited.
 Article GOODS.6: Export duties, taxes or other charges
 1. A Party may not adopt or maintain any duty, tax or other charge of any kind imposed on, or
 in connection with, the exportation of a good to the other Party; or any internal tax or other charge
 on a good exported to the other Party that is in excess of the tax or charge that would be imposed
 on like goods when destined for domestic consumption.
 2. For the purpose of this Article, the term ‘other charge of any kind’ does not include fees or
 other charges that are permitted under Article GOODS.7 [Fees and formalities].
 Article GOODS.7: Fees and formalities
 1. Fees and other charges imposed by a Party on or in connection with importation or
 exportation of a good of the other Party shall be limited in amount to the approximate cost of the
 services rendered, and shall not represent an indirect protection to domestic goods or taxation of
 imports or exports for fiscal purposes. A Party shall not levy fees or other charges on or in
 connection with importation or exportation on an ad valorem basis.
 2. Each Party may impose charges or recover costs only where specific services are rendered, in
 particular, but not limited to, the following:
 (a) attendance, where requested, by customs staff outside official office hours or at premises
 other than customs premises;
 (b) analyses or expert reports on goods and postal fees for the return of goods to an applicant,
 particularly in respect of decisions relating to binding information or the provision of
 information concerning the application of the customs laws and regulations;
 (c) the examination or sampling of goods for verification purposes, or the destruction of goods,
 where costs other than the cost of using customs staff are involved; and
 (d) exceptional control measures, if these are necessary due to the nature of the goods or to a
 potential risk.
 3. Each Party shall promptly publish all fees and charges it imposes in connection with
 importation or exportation via an official website in such a manner as to enable governments,
 traders and other interested parties, to become acquainted with them. That information shall
 include the reason for the fee or charge for the service provided, the responsible authority, the fees
 and charges that will be applied, and when and how payment is to be made. New or amended fees
 and charges shall not be imposed until information in accordance with this paragraph has been
 published and made readily available.
 4. A Party shall not require consular transactions, including related fees and charges, in
 connection with the importation of any good of the other Party.
 33
 ---pagebreak--- Article GOODS.8: Repaired goods
 1. A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters the
 Party’s territory after that good has been temporarily exported from its territory to the territory of
 the other Party for repair.
 2. Paragraph 1 does not apply to a good imported in bond, into free trade zones, or in similar
 status, that is then exported for repair and is not re-imported in bond, into free trade zones, or in
 similar status.
 3. A Party shall not apply a customs duty to a good, regardless of its origin, imported
 temporarily from the territory of the other Party for repair.
 Article GOODS.9: Remanufactured goods
 1. A Party shall not accord to remanufactured goods of the other Party treatment that is less
 favourable than that which it accords to equivalent goods in new condition.
 2. Article GOODS.10 [Import and export restrictions] applies to import and export prohibitions
 or restrictions on remanufactured goods. If a Party adopts or maintains import and export
 prohibitions or restrictions on used goods, it shall not apply those measures to remanufactured
 goods.
 3. A Party may require that remanufactured goods be identified as such for distribution or sale
 in its territory and that they meet all applicable technical requirements that apply to equivalent
 goods in new condition.
 Article GOODS.10: Import and export restrictions
 1. A Party shall not adopt or maintain any prohibition or restriction on the importation of any
 good of the other Party or on the exportation or sale for export of any good destined for the
 territory of the other Party, except in accordance with Article XI of GATT 1994, including its Notes
 and Supplementary Provisions. To this end, Article XI of GATT 1994 and its Notes and Supplementary
 Provisions are incorporated into and made part of this Agreement, mutatis mutandis.
 2. A Party shall not adopt or maintain:
 (a) export and import price requirements, except as permitted in enforcement of countervailing
 and anti-dumping duty orders and undertakings; or
 (b) import licensing conditioned on the fulfilment of a performance requirement.
 Article GOODS.11: Import and export monopolies
 A Party shall not designate or maintain an import or export monopoly. For the purposes of this
 Article, import or export monopoly means the exclusive right or grant of authority by a Party to an
 entity to import a good from, or export a good to, the other Party.
 34
 ---pagebreak--- Article GOODS. 13: Import licensing procedures
 1. Each Party shall ensure that all import licensing procedures applicable to trade in goods
 between the Parties are neutral in application, and are administered in a fair, equitable, non-
 discriminatory and transparent manner.
 2. A Party shall only adopt or maintain licensing procedures as a condition for importation into
 its territory from the territory of the other Party, if other appropriate procedures to achieve an
 administrative purpose are not reasonably available.
 3. A Party shall not adopt or maintain any non-automatic import licensing procedure, unless it
 is necessary to implement a measure that is consistent with this Agreement. A Party adopting such
 non-automatic import licensing procedure shall indicate clearly the measure being implemented
 through that procedure.
 4. Each Party shall introduce and administer any import licensing procedure in accordance with
 Articles 1 to 3 of the WTO Agreement on Import Licensing Procedures (‘the Import Licensing
 Agreement’). To this end, Articles 1 to 3 of the Import Licensing Agreement are incorporated into
 and made part of this Agreement mutatis mutandis.
 5. Any Party introducing or modifying any import licensing procedure shall make all relevant
 information available online on an official website. That information shall be made available,
 whenever practicable, at least 21 days prior to the date of the application of the new or modified
 licensing procedure and in any event no later than the date of application. That information shall
 contain the data required under Article 5 of the Import Licensing Agreement.
 6. At the request of the other Party, a Party shall promptly provide any relevant information
 regarding any import licensing procedures that it intends to adopt or that it maintains, including the
 information referred to in Articles 1 to 3 of the Import Licensing Agreement.
 7. For greater certainty, nothing in this Article requires a Party to grant an import licence, or
 prevents a Party from implementing its obligations or commitments under United Nations Security
 Council Resolutions or under multilateral non-proliferation regimes and import control
 arrangements.
 Article GOODS. 14: Export licensing procedures
 1. Each Party shall publish any new export licensing procedure, or any modification to an
 existing export licensing procedure, in such a manner as to enable governments, traders and other
 interested parties to become acquainted with them. Such publication shall take place, whenever
 practicable, 45 days before the procedure or modification takes effect, and in any case no later than
 the date such procedure or modification takes effect and, where appropriate, publication shall take
 place on any relevant government websites.
 2. The publication of export licensing procedures shall include the following information:
 (a) the texts of its export licensing procedures, or of any modifications it makes to those
 procedures;
 (b) the goods subject to each licensing procedure;
 35
 ---pagebreak--- (c) for each procedure, a description of the process for applying for a licence and any criteria an
 applicant must meet to be eligible to apply for a licence, such as possessing an activity licence,
 establishing or maintaining an investment, or operating through a particular form of
 establishment in a Party’s territory;
 (d) a contact point or points from which interested persons can obtain further information on the
 conditions for obtaining an export licence;
 (e) the administrative body or bodies to which an application or other relevant documentation
 are to be submitted;
 (f) a description of any measure or measures being implemented through the export licensing
 procedure;
 (g) the period during which each export licensing procedure will be in effect, unless the
 procedure remains in effect until withdrawn or revised in a new publication;
 (h) if the Party intends to use a licensing procedure to administer an export quota, the overall
 quantity and, if applicable, the value of the quota and the opening and closing dates of the
 quota; and
 (i) any exemptions or exceptions that replace the requirement to obtain an export licence, how
 to request or use those exemptions or exceptions, and the criteria for granting them.
 3. Within 45 days after the date of entry into force of this Agreement, each Party shall notify
 the other Party of its existing export licensing procedures. Each Party shall notify to the other Party
 any new export licensing procedures and any modifications to existing export licensing procedures
 within 60 days of publication. The notification shall include a reference to the sources where the
 information required pursuant to paragraph 2 is published and shall include, where appropriate, the
 address of the relevant government websites.
 4. For greater certainty, nothing in this Article requires a Party to grant an export licence, or
 prevents a Party from implementing its commitments under United Nations Security Council
 Resolutions as well as under multilateral non-proliferation regimes and export control arrangements
 including the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use
 Goods and Technologies, the Australia Group, the Nuclear Suppliers Group, and the Missile
 Technology Control Regime, or from adopting, maintaining or implementing independent sanctions
 regimes.
 Article GOODS.15: Customs valuation
 Each Party shall determine the customs value of goods of the other Party imported into its territory
 in accordance with Article VII of GATT 1994 and the Customs Valuation Agreement. To this end,
 Article VII of GATT 1994 including its Notes and Supplementary Provisions, and Articles 1 to 17 of the
 Customs Valuation Agreement including its Interpretative Notes, are incorporated into and made
 part of this Agreement, mutatis mutandis.
 Article GOODS.16: Preference utilisation
 1. For the purpose of monitoring the functioning of this Agreement and calculating preference
 utilisation rates, the Parties shall annually exchange import statistics for a 10 year-long period
 starting one year after the entry into force of this Agreement. Unless the Trade Partnership
 36
 ---pagebreak--- Committee decides otherwise, this period shall be automatically extended for five years, and
 thereafter the Trade Partnership Committee may decide to extend it further.
 2. The exchange of import statistics shall cover data pertaining to the most recent year
 available, including value and, where applicable, volume, at the tariff line level for imports of goods
 of the other Party benefitting from preferential duty treatment under this Agreement and for those
 that receive non-preferential treatment.
 Article GOODS.17: Trade Remedies
 1. The Parties affirm their rights and obligations under Article VI of GATT 1994, the Anti-
 Dumping Agreement, the SCM Agreement, Article XIX of GATT 1994, the Safeguards Agreement, and
 Article 5 of the Agreement on Agriculture.
 2. Chapter 2 [Rules of origin] of this Title does not apply to anti-dumping, countervailing and
 safeguard investigations and measures.
 3. Each Party shall apply anti-dumping and countervailing measures in accordance with the
 requirements of the Anti-Dumping Agreement and the SCM Agreement, and pursuant to a fair and
 transparent process.
 4. Provided it does not unnecessarily delay the conduct of the investigation, each interested
 party in an anti-dumping or countervailing investigation1 shall be granted a full opportunity to
 defend its interests.
 5. Each Party's investigating authority may, in accordance with the Party's law, consider
 whether the amount of the anti-dumping duty to be imposed shall be the full margin of dumping or
 a lesser amount.
 6. Each Party's investigating authority shall, in accordance with the Party’s law, consider
 information provided as to whether imposing an anti-dumping or a countervailing duty would not be
 in the public interest.
 7. A Party shall not apply or maintain, with respect to the same good, at the same time:
 (a) a measure pursuant to Article 5 of the Agreement on Agriculture; and
 (b) a measure pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.
 8. Title I [Dispute settlement] of Part Six does not apply to paragraphs 1 to 6 of this Article.
 Article GOODS.18: Use of existing WTO tariff rate quotas
 1. Products originating in one Party shall not be eligible to be imported into the other Party
 under existing WTO Tariff Rate Quotas (‘TRQs’) as defined in paragraph 2. This shall include those
 TRQs as being apportioned between the Parties pursuant to Article XXVIII GATT negotiations
 initiated by the European Union in WTO document G/SECRET/42/Add.2 and by the UK in WTO
 document G/SECRET/44 and as set out in each Party’s respective internal legislation. For the
 1
 For the purpose of this Article, interested parties shall be defined as per Article 6(11) of the Anti-dumping
 Agreement and Article 12.9 of the SCM Agreement.
 37
 ---pagebreak--- purposes of this Article, the originating status of the products shall be determined on the basis of
 non-preferential rules of origin applicable in the importing Party.
 2. For the purposes of paragraph 1, ‘existing WTO TRQs’ means those tariff rate quotas which
 are WTO concessions of the European Union included in the draft EU28 schedule of concessions and
 commitments under GATT 1994 submitted to the WTO in document G/MA/TAR/RS/506 as amended
 by documents G/MA/TAR/RS/506/Add.1 and G/MA/TAR/RS/506/Add.2.
 Article GOODS.19: Measures in case of breaches or circumventions of customs legislation
 1. The Parties shall co-operate in preventing, detecting and combating breaches or
 circumventions of customs legislation, in accordance with their obligations under Chapter 2 [Rules of
 origin] of this Title and the Protocol on mutual administrative assistance in customs matters. Each
 Party shall take appropriate and comparable measures to protect its own and the other Party’s
 financial interests regarding the levying of duties on goods entering the customs territories of the
 United Kingdom or the Union.
 2. Subject to the possibility of exemption for compliant traders under paragraph 7, a Party may
 temporarily suspend the relevant preferential treatment of the product or products concerned in
 accordance with the procedure laid down in paragraphs 3 and 4 if:
 (a) that Party has made a finding, based on objective, compelling and verifiable information, that
 systematic and large-scale breaches or circumventions of customs legislation have been
 committed, and;
 (b) the other Party repeatedly and unjustifiably refuses or otherwise fails to comply with the
 obligations referred to in paragraph 1.
 3. The Party which has made a finding as referred to in paragraph 2 shall notify the Trade
 Partnership Committee and shall enter into consultations with the other Party within the Trade
 Partnership Committee with a view to reaching a mutually acceptable solution.
 4. If the Parties fail to agree on a mutually acceptable solution within three months after the
 date of notification, the Party which has made the finding may decide to suspend temporarily the
 relevant preferential treatment of the product or products concerned. In this case, the Party which
 made the finding shall notify the temporary suspension, including the period during which it intends
 the temporary suspension to apply, to the Trade Partnership Committee without delay.
 5. The temporary suspension shall apply only for the period necessary to counteract the
 breaches or circumventions and to protect the financial interests of the Party concerned, and in any
 case not for longer than six months. The Party concerned shall keep the situation under review and,
 where it decides that the temporary suspension is no longer necessary, it shall bring it to an end
 before the end of the period notified to the Trade Partnership Committee. Where the conditions
 that gave rise to the suspension persist at the expiry of the period notified to the Trade Partnership
 Committee, the Party concerned may decide to renew the suspension. Any suspension shall be
 subject to periodic consultations within the Trade Partnership Committee.
 6. Each Party shall publish, in accordance with its internal procedures, notices to importers
 about any decision concerning temporary suspensions referred to in paragraphs 4 and 5.
 7. Notwithstanding paragraph 4, if an importer is able to satisfy the importing customs
 authority that such products are fully compliant with the importing Party’s customs legislation, the
 38
 ---pagebreak--- requirements of this Agreement, and any other appropriate conditions related to the temporary
 suspension established by the importing Party in accordance with its laws and regulations, the
 importing Party shall allow the importer to apply for preferential treatment and recover any duties
 paid in excess of the applicable preferential tariff rates when the products were imported.
 Article GOODS.20: Management of administrative errors
 In case of systematic errors by the competent authorities or issues concerning the proper
 management of the preferential system at export, concerning notably the application of the
 provisions of Chapter 2 of this Title or the application of the Protocol on Mutual Administrative
 Assistance in Customs Matters, and if these errors or issues lead to consequences in terms of import
 duties, the Party facing such consequences may request the Trade Partnership Committee to
 examine the possibility of adopting decisions, as appropriate, to resolve the situation.
 Article GOODS.21: Cultural property
 1. The Parties shall cooperate in facilitating the return of cultural property illicitly removed
 from the territory of a Party, having regard to the principles enshrined in the UNESCO Convention on
 the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of
 Cultural Property signed in Paris on 17 November 1970.
 2. For the purposes of this Article:
 (a) ‘cultural property’ means property classified or defined as being among the national treasures
 possessing artistic, historic or archaeological value under the respective rules and procedures
 of each Party; and
 (b) ‘illicitly removed from the territory of a Party’ means:
 (i) removed from the territory of a Party on or after 1 January 1993 in breach of that Party’s
 rules on the protection of national treasures or in breach of its rules on the export of
 cultural property; or
 (ii) not returned at the end of a period of lawful temporary removal or any breach of another
 condition governing such temporary removal, on or after 1 January 1993.
 3. The competent authorities of the Parties shall cooperate with each other in particular by:
 (a) notifying the other Party where cultural property is found in their territory and there are
 reasonable grounds for believing that the cultural property has been illicitly removed
 from the territory of the other Party;
 (b) addressing requests of the other Party for the return of cultural property which has been
 illicitly removed from the territory of that Party;
 (c) preventing any actions to evade the return of such cultural property, by means of any
 necessary interim measures; and
 (d) taking any necessary measures for the physical preservation of cultural property which has
 been illicitly removed from the territory of the other Party.
 39
 ---pagebreak--- 4. Each Party shall identify a contact point responsible for communicating with the contact
 point of the other Party with respect to any matters arising under this Article, including with respect
 to the notifications and requests referred to in points (a) and (b) of paragraph 3.
 5. The envisaged cooperation between the Parties shall involve the customs authorities of the
 Parties responsible for managing export procedures for cultural property as appropriate and
 necessary.
 6. Title I [Dispute Settlement] of Part Six does not apply to this Article.
 Chapter 2: Rules of origin
 Section 1: Rules of origin
 Article ORIG.1: Objective
 The objective of this Chapter is to lay down the provisions determining the origin of goods for the
 purpose of application of preferential tariff treatment under this Agreement, and setting out related
 origin procedures.
 Article ORIG.2: Definitions
 For the purposes of this Chapter, the following definitions apply:
 (a) "classification" means the classification of a product or material under a particular chapter,
 heading, or sub-heading of the Harmonised System;
 (b) "consignment" means products which are either sent simultaneously from one exporter to
 one consignee or covered by a single transport document covering their shipment from the
 exporter to the consignee or, in the absence of such a document, by a single invoice;
 (c) "exporter" means a person, located in a Party, who, in accordance with the requirements laid
 down in the laws and regulations of that Party, exports or produces the originating product
 and makes out a statement on origin;
 (d) "importer" means a person who imports the originating product and claims preferential tariff
 treatment for it;
 (e) "material" means any substance used in the production of a product, including any
 components, ingredients, raw materials, or parts;
 (f) "non-originating material" means a material which does not qualify as originating under this
 Chapter, including a material whose originating status cannot be determined;
 (g) "product" means the product resulting from the production, even if it is intended for use as a
 material in the production of another product;
 (h) "production" means any kind of working or processing including assembly.
 40
 ---pagebreak--- Article ORIG.3: General requirements
 1. For the purposes of applying the preferential tariff treatment by a Party to the originating
 good of the other Party in accordance with this Agreement, provided that the products satisfy all
 other applicable requirements of this Chapter, the following products shall be considered as
 originating in the other Party:
 (a) products wholly obtained in that Party within the meaning of Article ORIG.5 [Wholly obtained
 products];
 (b) products produced in that Party exclusively from originating materials in that Party; and
 (c) products produced in that Party incorporating non-originating materials provided they satisfy
 the requirements set out in ANNEX ORIG-2 [Product-specific rules of origin].
 2. If a product has acquired originating status, the non-originating materials used in the
 production of that product shall not be considered as non-originating when that product is
 incorporated as a material in another product.
 3. The acquisition of originating status shall be fulfilled without interruption in the United
 Kingdom or the Union.
 Article ORIG.4: Cumulation of origin
 1. A product originating in a Party shall be considered as originating in the other Party if that
 product is used as a material in the production of another product in that other Party.
 2. Production carried out in a Party on a non-originating material may be taken into account for
 the purpose of determining whether a product is originating in the other Party.
 3. Paragraphs 1 and 2 do not apply if the production carried out in the other Party does not go
 beyond the operations referred to in Article ORIG.7 [Insufficient production].
 4. In order for an exporter to complete the statement on origin referred to in point (a) of
 Article ORIG.18(2) [Claim for preferential tariff treatment] for a product referred to in paragraph 2 of
 this Article, the exporter shall obtain from its supplier a supplier’s declaration as provided for in
 Annex ORIG-3 [Supplier’s declaration] or an equivalent document that contains the same
 information describing the non-originating materials concerned in sufficient detail to enable them to
 be identified.
 Article ORIG.5: Wholly obtained products
 1. The following products shall be considered as wholly obtained in a Party:
 (a) mineral products extracted or taken from its soil or from its seabed;
 (b) plants and vegetable products grown or harvested there;
 (c) live animals born and raised there;
 (d) products obtained from live animals raised there;
 (e) products obtained from slaughtered animals born and raised there;
 41
 ---pagebreak--- (f) products obtained by hunting or fishing conducted there;
 (g) products obtained from aquaculture there if aquatic organisms, including fish, molluscs,
 crustaceans, other aquatic invertebrates and aquatic plants are born or raised from seed stock
 such as eggs, roes, fry, fingerlings, larvae, parr, smolts or other immature fish at a post-larval
 stage by intervention in the rearing or growth processes to enhance production such as
 regular stocking, feeding or protection from predators;
 (h) products of sea fishing and other products taken from the sea outside any territorial sea by a
 vessel of a Party;
 (i) products made aboard of a factory ship of a Party exclusively from products referred to in
 point (h);
 (j) products extracted from the seabed or subsoil outside any territorial sea provided that they
 have rights to exploit or work such seabed or subsoil;
 (k) waste and scrap resulting from production operations conducted there;
 (l) waste and scrap derived from used products collected there, provided that those products are
 fit only for the recovery of raw materials;
 (m) products produced there exclusively from the products specified in points (a) to (l).
 2. The terms “vessel of a Party” and “factory ship of a Party” in points (h) and (i) of paragraph 1
 mean a vessel and factory ship which:
 (a) is registered in a Member State or in the United Kingdom;
 (b) sails under the flag of a Member State or of the United Kingdom; and
 (c) meets one of the following conditions:
 (i) it is at least 50% owned by nationals of a Member State or of the United Kingdom; or
 (ii) it is owned by legal persons which each:
 (A) have their head office and main place of business in the Union or the United
 Kingdom; and
 (B) are at least 50% owned by public entities, nationals or legal persons of a Member
 State or the United Kingdom.
 Article ORIG.6: Tolerances
 1. If a product does not satisfy the requirements set out in ANNEX ORIG-2 [Product-specific
 rules of origin] due to the use of a non-originating material in its production, that product shall
 nevertheless be considered as originating in a Party, provided that:
 (a) the total weight of non-originating materials used in the production of products classified
 under Chapters 2 and 4 to 24 of the Harmonised System, other than processed fishery
 products of Chapter 16, does not exceed 15% of the weight of the product;
 42
 ---pagebreak--- (b) the total value of non-originating materials for all other products, except for products
 classified under Chapters 50 to 63 of the Harmonised System does not exceed 10% of the ex-
 works price of the product; or
 (c) for a product classified under Chapters 50 to 63 of the Harmonised System, the tolerances set
 out in Note 7 and 8 of ANNEX ORIG-1 [Introductory Notes to the Product-Specific Rules of
 Origin] apply.
 2. Paragraph 1 does not apply if the value or weight of non-originating materials used in the
 production of a product exceeds any of the percentages for the maximum value or weight of non-
 originating materials as specified in the requirements set out in ANNEX ORIG-2 [Product-specific
 rules of origin].
 3. Paragraph 1 of this Article does not apply to products wholly obtained in a Party within the
 meaning of Article ORIG.5 [Wholly obtained products]. If ANNEX ORIG-2 [Product-specific rules of
 origin] requires that the materials used in the production of a product are wholly obtained,
 paragraphs 1 and 2 of this Article apply.
 Article ORIG.7: Insufficient Production
 1. Notwithstanding point (c) of Article ORIG.3(1) [General requirements], a product shall not be
 considered as originating in a Party if the production of the product in a Party consists only of one or
 more of the following operations conducted on non-originating materials:
 (a) preserving operations such as drying, freezing, keeping in brine and other similar operations
 where their sole purpose is to ensure that the products remain in good condition during
 transport and storage;2
 (b) breaking-up or assembly of packages;
 (c) washing, cleaning; removal of dust, oxide, oil, paint or other coverings;
 (d) ironing or pressing of textiles and textile articles;
 (e) simple painting and polishing operations;
 (f) husking and partial or total milling of rice; polishing and glazing of cereals and rice; bleaching
 of rice;
 (g) operations to colour or flavour sugar or form sugar lumps; partial or total milling of sugar in
 solid form;
 (h) peeling, stoning and shelling, of fruits, nuts and vegetables;
 (i) sharpening, simple grinding or simple cutting;
 (j) sifting, screening, sorting, classifying, grading, matching including the making-up of sets of
 articles;
 2
 Preserving operations such as chilling, freezing or ventilating are considered insufficient within the meaning
 of point (a), whereas operations such as pickling, drying or smoking that are intended to give a product special
 or different characteristics are not considered insufficient.
 43
 ---pagebreak--- (k) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all
 other simple packaging operations;
 (l) affixing or printing marks, labels, logos and other like distinguishing signs on products or their
 packaging;
 (m) simple mixing of products, whether or not of different kinds; mixing of sugar with any
 material;
 (n) simple addition of water or dilution with water or another substance that does not materially
 alter the characteristics of the product, or dehydration or denaturation of products;
 (o) simple assembly of parts of articles to constitute a complete article or disassembly of products
 into parts;
 (p) slaughter of animals.
 2. For the purposes of paragraph 1, operations shall be considered simple if neither special
 skills nor machines, apparatus or equipment especially produced or installed are needed for carrying
 out those operations.
 Article ORIG.8: Unit of qualification
 1. For the purposes of this Chapter, the unit of qualification shall be the particular product
 which is considered as the basic unit when classifying the product under the Harmonised System.
 2. For a consignment consisting of a number of identical products classified under the same heading
 of the Harmonised System, each individual product shall be taken into account when applying the
 provisions of this Chapter.
 Article ORIG.9: Packing materials and containers for shipment
 Packing materials and containers for shipment that are used to protect a product during
 transportation shall be disregarded in determining whether a product is originating.
 Article ORIG.10: Packaging materials and containers for retail sale
 Packaging materials and containers in which the product is packaged for retail sale, if classified with
 the product, shall be disregarded in determining the origin of the product, except for the purposes
 of calculating the value of non-originating materials if the product is subject to a maximum value of
 non-originating materials in accordance with ANNEX ORIG-2 [Product-specific rules of origin].
 Article ORIG.11: Accessories, spare parts and tools
 1. Accessories, spare parts, tools and instructional or other information materials shall be
 regarded as one product with the piece of equipment, machine, apparatus or vehicle in question if
 they:
 (a) are classified and delivered with, but not invoiced separately from, the product; and
 (b) are of the types, quantities and value which are customary for that product.
 44
 ---pagebreak--- 2. Accessories, spare parts, tools and instructional or other information materials referred to in
 paragraph 1 shall be disregarded in determining the origin of the product except for the purposes of
 calculating the value of non-originating materials if a product is subject to a maximum value of non-
 originating materials as set out in ANNEX ORIG-2 [Product-specific rules of origin].
 Article ORIG.12: Sets
 Sets, as defined in General Rule 3 for the Interpretation of the Harmonised System, shall be
 considered as originating in a Party if all of their components are originating. If a set is composed of
 originating and non-originating components, the set as a whole shall be considered as originating in
 a Party, if the value of the non-originating components does not exceed 15 % of the ex-works price
 of the set.
 Article ORIG.13: Neutral elements
 In order to determine whether a product is originating in a Party, it shall not be necessary to
 determine the origin of the following elements, which might be used in its production:
 (a) fuel, energy, catalysts and solvents;
 (b) plant, equipment, spare parts and materials used in the maintenance of equipment and
 buildings;
 (c) machines, tools, dies and moulds;
 (d) lubricants, greases, compounding materials and other materials used in production or used to
 operate equipment and buildings;
 (e) gloves, glasses, footwear, clothing, safety equipment and supplies;
 (f) equipment, devices and supplies used for testing or inspecting the product; and
 (g) other materials used in the production which are not incorporated into the product nor
 intended to be incorporated into the final composition of the product.
 Article ORIG.14: Accounting segregation
 1. Originating and non-originating fungible materials or "fungible products" shall be physically
 segregated during storage in order to maintain their originating and non-originating status.
 2. For the purpose of paragraph 1, ‘fungible materials’ or "fungible products" means materials
 or products that are of the same kind and commercial quality, with the same technical and physical
 characteristics, and that cannot be distinguished from one another for origin purposes.
 3. Notwithstanding paragraph 1, originating and non-originating fungible materials may be
 used in the production of a product without being physically segregated during storage if an
 accounting segregation method is used.
 4. Notwithstanding paragraph 1, originating and non-originating fungible products classified in
 Chapter 10, 15, 27, 28, 29, heading 32.01 to 32.07, or heading 39.01 to 39.14 of the Harmonised
 System may be stored in a Party before exportation to the other Party without being physically
 segregated provided that an accounting segregation method is used.
 45
 ---pagebreak--- 5. The accounting segregation method referred to in paragraphs 3 and 4 shall be applied in
 conformity with a stock management method under accounting principles which are generally
 accepted in the Party.
 6. The accounting segregation method shall be any method that ensures that at any time no
 more materials or products receive originating status than would be the case if the materials or
 products had been physically segregated.
 7. A Party may require, under conditions set out in its laws or regulations, that the use of an
 accounting segregation method is subject to prior authorisation by the customs authorities of that
 Party. The customs authorities of the Party shall monitor the use of such authorisations and may
 withdraw an authorisation if the holder makes improper use of the accounting segregation method
 or fails to fulfil any of the other conditions laid down in this Chapter.
 Article ORIG.15: Returned products
 If a product originating in a Party exported from that Party to a third country returns to that Party, it
 shall be considered as a non-originating product unless it can be demonstrated to the satisfaction of
 the customs authority of that Party that the returning product:
 (a) is the same as that exported; and
 (b) has not undergone any operation other than what was necessary to preserve it in good
 condition while in that third country or while being exported.
 Article ORIG.16: Non-alteration
 1. An originating product declared for home use in the importing Party shall not, after
 exportation and prior to being declared for home use, have been altered, transformed in any way or
 subjected to operations other than to preserve it in good condition or than adding or affixing marks,
 labels, seals or any other documentation to ensure compliance with specific domestic requirements
 of the importing Party.
 2. The storage or exhibition of a product may take place in a third country, provided that the
 product remains under customs supervision in that third country.
 3. The splitting of consignments may take place in a third country if it is carried out by the
 exporter or under the responsibility of the exporter, provided that the consignments remain under
 customs supervision in that third country.
 4. In the case of doubt as to whether the requirements provided for in paragraphs 1 to 3 are
 complied with, the customs authority of the importing Party may request the importer to provide
 evidence of compliance with those requirements, which may be given by any means, including
 contractual transport documents such as bills of lading or factual or concrete evidence based on the
 marking or numbering of packages or any evidence related to the product itself.
 Article ORIG.17: Review of drawback of, or exemption from, customs duties
 Not earlier than 2 years from the entry into force of this Agreement, at the request of either Party,
 the Trade Specialised Committee on Customs Cooperation and Rules of Origin shall review the
 Parties’ respective duty drawback and inward-processing schemes. For this purpose, at the request
 of a Party, no later than 60 days from that request, the other Party shall provide the requesting Party
 46
 ---pagebreak--- with available information and detailed statistics covering the period from the entry into force of
 this Agreement, or the previous 5 years if that is shorter, on the operation of its duty-drawback and
 inward-processing scheme. In the light of this review, the Trade Specialised Committee on Customs
 Cooperation and Rules of Origin may make recommendations to the Partnership Council for the
 amendment of the provisions of this Chapter and its Annexes, with a view to introducing limitations
 or restrictions with respect to drawback of or exemption from customs duties.
 Section 2: Origin procedures
 Article ORIG.18: Claim for preferential tariff treatment
 1. The importing Party, on importation, shall grant preferential tariff treatment to a product
 originating in the other Party within the meaning of this Chapter on the basis of a claim by the
 importer for preferential tariff treatment. The importer shall be responsible for the correctness of
 the claim for preferential tariff treatment and for compliance with the requirements provided for in
 this Chapter.
 2. A claim for preferential tariff treatment shall be based on:
 (a) a statement on origin that the product is originating made out by the exporter; or
 (b) the importer’s knowledge that the product is originating.
 3. The importer making the claim for preferential tariff treatment based on a statement on
 origin as referred to in point (a) of paragraph 2 shall keep the statement on origin and, when
 required by the customs authority of the importing Party, shall provide a copy thereof to that
 customs authority.
 Article ORIG.18a: Time of the claim for preferential tariff treatment
 1. A claim for preferential tariff treatment and the basis for that claim as referred to in Article
 ORIG.18(2) [Claim for preferential tariff treatment] shall be included in the customs import
 declaration in accordance with the laws and regulations of the importing Party.
 2. By way of derogation from paragraph 1 of this Article, if the importer did not make a claim
 for preferential tariff treatment at the time of importation, the importing Party shall grant
 preferential tariff treatment and repay or remit any excess customs duty paid provided that:
 (a) the claim for preferential tariff treatment is made no later than three years after the date of
 importation, or such longer time period as specified in the laws and regulations of the
 importing Party;
 (b) the importer provides the basis for the claim as referred to in Article ORIG.18(2) [Claim for
 preferential tariff treatment]; and
 (c) the product would have been considered originating and would have satisfied all other
 applicable requirements within the meaning of Section 1 [Rules of origin] of this Chapter if it
 had been claimed by the importer at the time of importation.
 The other obligations applicable to the importer under Article ORIG.18 [Claim for preferential tariff
 treatment] remain unchanged.
 47
 ---pagebreak--- Article ORIG.19: Statement on origin
 1. A statement on origin shall be made out by an exporter of a product on the basis of
 information demonstrating that the product is originating, including information on the originating
 status of materials used in the production of the product. The exporter shall be responsible for the
 correctness of the statement on origin and the information provided.
 2. A statement on origin shall be made out using one of the language versions set out in ANNEX
 ORIG-4 [Text of the statement on origin] in an invoice or on any other document that describes the
 originating product in sufficient detail to enable the identification of that product. The exporter shall
 be responsible for providing sufficient detail to allow the identification of the originating product.
 The importing Party shall not require the importer to submit a translation of the statement on origin.
 3. A statement on origin shall be valid for 12 months from the date it was made out or for such
 longer period as provided by the Party of import up to a maximum of 24 months.
 4. A statement on origin may apply to:
 (a) a single shipment of one or more products imported into a Party; or
 (b) multiple shipments of identical products imported into a Party within the period specified in
 the statement on origin, which shall not exceed 12 months.
 5. If, at the request of the importer, unassembled or disassembled products within the
 meaning of General Rule 2(a) for the Interpretation of the Harmonised System that fall within
 Sections XV to XXI of the Harmonised System are imported by instalments, a single statement on
 origin for such products may be used in accordance with the requirements laid down by the customs
 authority of the importing Party.
 Article ORIG.20: Discrepancies
 The customs authority of the importing Party shall not reject a claim for preferential tariff treatment
 due to minor errors or discrepancies in the statement on origin, or for the sole reason that an
 invoice was issued in a third country.
 Article ORIG.21: Importer’s knowledge
 1. For the purposes of a claim for preferential tariff treatment that is made under point (b) of
 Article ORIG.18(2) [Claim for preferential tariff treatment], the importer’s knowledge that a product
 is originating in the exporting Party shall be based on information demonstrating that the product is
 originating and satisfies the requirements provided for in this Chapter.
 2. Before claiming the preferential treatment, in the event that an importer is unable to obtain
 the information referred to in paragraph 1 of this Article as a result of the exporter deeming it to be
 confidential information or for any other reason, the exporter may provide a statement on origin so
 that the importer may claim the preferential tariff treatment on the basis of point (a) of Article
 ORIG.18(2) [Claim for Preferential Tariff Treatment].
 48
 ---pagebreak--- Article ORIG.22: Record-keeping requirements
 1. For a minimum of three years after the date of importation of the product, an importer
 making a claim for preferential tariff treatment for a product imported into the importing Party shall
 keep:
 (a) if the claim was based on a statement on origin, the statement on origin made out by the
 exporter; or
 (b) if the claim was based on the importer's knowledge, all records demonstrating that the
 product satisfies the requirements for obtaining originating status.
 2. An exporter who has made out a statement on origin shall, for a minimum of four years after
 that statement on origin was made out, keep a copy of the statement on origin and all other records
 demonstrating that the product satisfies the requirements to obtain originating status.
 3. The records to be kept in accordance with this Article may be held in electronic format.
 Article ORIG.23: Small consignments
 1. By way of derogation from Articles ORIG.18 [Claim for Preferential Tariff Treatment] to
 ORIG.21 [Importer’s Knowledge], provided that the product has been declared as meeting the
 requirements of this Chapter and the customs authority of the importing Party has no doubts as to
 the veracity of that declaration, the importing Party shall grant preferential tariff treatment to:
 (a) a product sent in a small package from private persons to private persons;
 (b) a product forming part of a traveller’s personal luggage; and
 (c) for the United Kingdom, in addition to points (a) and (b), other low value consignments.
 2. The following products are excluded from the application of paragraph 1 of this Article:
 (a) products, the importation of which forms part of a series of importations that may reasonably
 be considered to have been made separately for the purpose of avoiding the requirements of
 Article ORIG.18 [Claim for Preferential Tariff Treatment];
 (b) for the Union:
 (i) a product imported by way of trade; the imports which are occasional and consist
 solely of products for the personal use of the recipients or travellers or their families
 are not be considered as imports by way of trade if it is evident from the nature and
 quantity of the products that no commercial purpose is intended; and
 (ii) products, the total value of which exceeds EUR 500 in the case of products sent in
 small packages, or EUR 1 200 in the case of products forming part of a traveller’s
 personal luggage. The amounts to be used in a given national currency shall be the
 equivalent in that currency of the amounts expressed in euro as at the first working
 day of October. The exchange rate amounts shall be those published for that day by
 the European Central Bank, unless a different amount is communicated to the
 European Commission by 15 October, and shall apply from 1 January the following
 year. The European Commission shall notify the United Kingdom of the relevant
 49
 ---pagebreak--- amounts. The Union may establish other limits which it will communicate to the
 United Kingdom; and
 (c) for the United Kingdom, products whose total value exceeds the limits set under the domestic
 law of the United Kingdom. The United Kingdom will communicate these limits to the Union.
 3. The importer shall be responsible for the correctness of the declaration and for the
 compliance with the requirements provided for in this Chapter. The record-keeping requirements
 set out in Article ORIG.22 [Record-keeping requirements] shall not apply to the importer under this
 Article.
 Article ORIG.24: Verification
 1. The customs authority of the importing Party may conduct a verification as to whether a
 product is originating or whether the other requirements of this Chapter are satisfied, on the basis of
 risk assessment methods, which may include random selection. Such verifications may be conducted
 by means of a request for information from the importer who made the claim referred to in Article
 ORIG.18 [Claim for Preferential Tariff Treatment], at the time the import declaration is submitted,
 before the release of the products, or after the release of the products.
 2. The information requested pursuant to paragraph 1 shall cover no more than the following
 elements:
 (a) if the claim was based on a statement on origin, that statement on origin; and
 (b) information pertaining to the fulfilment of origin criteria, which is:
 (i) where the origin criterion is “wholly obtained”, the applicable category (such as
 harvesting, mining, fishing) and the place of production;
 (ii) where the origin criterion is based on change in tariff classification, a list of all the
 non-originating materials, including their tariff classification (in 2, 4 or 6-digit format,
 depending on the origin criterion);
 (iii) where the origin criterion is based on a value method, the value of the final product as
 well as the value of all the non-originating materials used in the production of that
 product;
 (iv) where the origin criterion is based on weight, the weight of the final product as well as
 the weight of the relevant non-originating materials used in the final product;
 (v) where the origin criterion is based on a specific production process, a description of
 that specific process.
 3. When providing the requested information, the importer may add any other information
 that it considers relevant for the purpose of verification.
 4. If the claim for preferential tariff treatment is based on a statement on origin, the importer
 shall provide that statement on origin but may reply to the customs authority of the importing Party
 that the importer is not in a position to provide the information referred to in point (b) of paragraph
 2.
 50
 ---pagebreak--- 5. If the claim for preferential tariff treatment is based on the importer’s knowledge, after
 having first requested information in accordance with paragraph 1, the customs authority of the
 importing Party conducting the verification may request the importer to provide additional
 information if that customs authority considers that additional information is necessary in order to
 verify the originating status of the product or whether the other requirements of this Chapter are
 met. The customs authority of the importing Party may request the importer for specific
 documentation and information, if appropriate.
 6. If the customs authority of the importing Party decides to suspend the granting of
 preferential tariff treatment to the product concerned while awaiting the results of the verification,
 the release of the products shall be offered to the importer subject to appropriate precautionary
 measures including guarantees. Any suspension of preferential tariff treatment shall be terminated
 as soon as possible after the customs authority of the importing Party has ascertained the
 originating status of the products concerned, or the fulfilment of the other requirements of this
 Chapter.
 Article ORIG.25: Administrative cooperation
 1. In order to ensure the proper application of this Chapter, the Parties shall cooperate,
 through the customs authority of each Party, in verifying whether a product is originating and is in
 compliance with the other requirements provided for in this Chapter.
 2. If the claim for preferential tariff treatment was based on a statement on origin, as
 appropriate after having first requested information in accordance with Article ORIG.24(1)
 [Verification] and based on the reply from the importer, the customs authority of the importing
 Party conducting the verification may also request information from the customs authority of the
 exporting Party within a period of two years after the importation of the products, or from the
 moment the claim is made pursuant to point (a) of Article ORIG.18a(2) [Time of the claim for
 preferential treatment], if the customs authority of the importing Party conducting the verification
 considers that additional information is necessary in order to verify the originating status of the
 product or to verify that the other requirements provided for in this Chapter have been met. The
 request for information shall include the following elements:
 (a) the statement on origin;
 (b) the identity of the customs authority issuing the request;
 (c) the name of the exporter;
 (d) the subject and scope of the verification; and
 (e) any relevant documentation.
 In addition, the customs authority of the importing Party may request the customs authority of the
 exporting Party to provide specific documentation and information, where appropriate.
 3. The customs authority of the exporting Party may, in accordance with its laws and
 regulations, request documentation or examination by calling for any evidence, or by visiting the
 premises of the exporter, to review records and observe the facilities used in the production of the
 product.
 51
 ---pagebreak--- 4. Without prejudice to paragraph 5, the customs authority of the exporting Party receiving the
 request referred to in paragraph 2 shall provide the customs authority of the importing Party with
 the following information:
 (a) the requested documentation, where available;
 (b) an opinion on the originating status of the product;
 (c) the description of the product that is subject to examination and the tariff classification
 relevant to the application of this Chapter;
 (d) a description and explanation of the production process that is sufficient to support the
 originating status of the product;
 (e) information on the manner in which the examination of the product was conducted; and
 (f) supporting documentation, where appropriate.
 5. The customs authority of the exporting Party shall not provide the information referred to in
 points (a), (d) and (f) of paragraph 4 to the customs authority of the importing Party if that
 information is deemed confidential by the exporter.
 6. Each Party shall notify the other Party of the contact details of the customs authorities and
 shall notify the other Party of any change to those contact details within 30 days after the date of
 the change.
 Article ORIG.26: Denial of preferential tariff treatment
 1. Without prejudice to paragraph 3, the customs authority of the importing Party may deny
 preferential tariff treatment, if:
 (a) within three months after the date of a request for information pursuant to Article ORIG.24(1)
 [Verification]:
 (i) no reply has been provided by the importer;
 (ii) where the claim for preferential tariff treatment was based on a statement on origin,
 no statement on origin has been provided; or
 (iii) where the claim for preferential tariff treatment was based on the importer’s
 knowledge, the information provided by the importer is inadequate to confirm that
 the product is originating;
 (b) within three months after the date of a request for additional information pursuant to Article
 ORIG.24(5) [Verification]:
 (i) no reply has been provided by the importer; or
 (ii) the information provided by the importer is inadequate to confirm that the product is
 originating;
 52
 ---pagebreak--- (c) within 10 months3 after the date of a request for information pursuant to Article ORIG.25(2)
 [Administrative Cooperation]:
 (i) no reply has been provided by the customs authority of the exporting Party; or
 (ii) the information provided by the customs authority of the exporting Party is inadequate
 to confirm that the product is originating.
 2. The customs authority of the importing Party may deny preferential tariff treatment to a
 product for which an importer claims preferential tariff treatment where the importer fails to
 comply with requirements under this Chapter other than those relating to the originating status of
 the products.
 3. If the customs authority of the importing Party has sufficient justification to deny
 preferential tariff treatment under paragraph 1 of this Article, in cases where the customs authority
 of the exporting Party has provided an opinion pursuant to point (b) of Article ORIG.25(4)
 [Administrative cooperation] confirming the originating status of the products, the customs
 authority of the importing Party shall notify the customs authority of the exporting Party of its
 intention to deny the preferential tariff treatment within two months after the date of receipt of
 that opinion.
 If such notification is made, consultations shall be held at the request of either Party, within three
 months after the date of the notification. The period for consultation may be extended on a case-by-
 case basis by mutual agreement between the customs authorities of the Parties. The consultation
 may take place in accordance with the procedure set by the Trade Specialised Committee on
 Customs Cooperation and Rules of Origin.
 Upon the expiry of the period for consultation, if the customs authority of the importing Party
 cannot confirm that the product is originating, it may deny the preferential tariff treatment if it has a
 sufficient justification for doing so and after having granted the importer the right to be heard.
 However, when the customs authority of the exporting Party confirms the originating status of the
 products and provides justification for such conclusion, the customs authority of the importing Party
 shall not deny preferential tariff treatment to a product on the sole ground that Article ORIG.25(5)
 [Administrative cooperation] has been applied.
 4. In all cases, the settlement of differences between the importer and the customs authority
 of the Party of import shall be under the law of the Party of import.
 Article ORIG.27: Confidentiality
 1. Each Party shall maintain, in accordance with its laws and regulations, the confidentiality of
 any information provided to it by the other Party, pursuant to this Chapter, and shall protect that
 information from disclosure.
 2. Where, notwithstanding Article ORIG.25(5) [Administrative cooperation], confidential
 business information has been obtained from the exporter by the customs authority of the exporting
 3
 The period will be of 12 months for requests of information pursuant to Article ORIG.25(2) [Administrative
 cooperation] addressed to the customs authority of the exporting Party during the first three months of the
 application of this Agreement.
 53
 ---pagebreak--- Party or importing Party through the application of Articles ORIG.24 [Verification] and ORIG.25
 [Administrative cooperation], that information shall not be disclosed.
 3. Each Party shall ensure that confidential information collected pursuant to this Chapter shall
 not be used for purposes other than the administration and enforcement of decisions and
 determinations relating to origin and to customs matters, except with the permission of the person
 or Party who provided the confidential information.
 4. Notwithstanding paragraph 3, a Party may allow information collected pursuant to this
 Chapter to be used in any administrative, judicial, or quasi-judicial proceedings instituted for failure
 to comply with customs-related laws implementing this Chapter. A Party shall notify the person or
 Party who provided the information in advance of such use.
 Article ORIG.28: Administrative measures and sanctions
 Each Party shall ensure the effective enforcement of this Chapter. Each Party shall ensure that the
 competent authorities are able to impose administrative measures, and, where appropriate,
 sanctions, in accordance with its laws and regulations, on any person who draws up a document, or
 causes a document to be drawn up, which contains incorrect information that was provided for the
 purpose of obtaining a preferential tariff treatment for a product, who does not comply with the
 requirements set out in Article ORIG.22 [Record-keeping requirements], or who does not provide the
 evidence, or refuses to submit to a visit, as referred to in Article ORIG.25(3) [Administrative
 cooperation].
 Section 3: Other Provisions
 Article ORIG.29: Ceuta and Melilla
 1. For purposes of this Chapter, in the case of the Union, the term “Party” does not include
 Ceuta and Melilla.
 2. Products originating in the United Kingdom, when imported into Ceuta and Melilla, shall in
 all respects be subject to the same customs treatment under this Agreement, as that which is
 applied to products originating in the customs territory of the Union under Protocol 2 of the Act of
 Accession of the Kingdom of Spain and the Portuguese Republic to the European Union. The United
 Kingdom shall grant to imports of products covered by this Agreement and originating in Ceuta and
 Melilla the same customs treatment as that which is granted to products imported from and
 originating in the Union.
 3. The rules of origin and origin procedures referred to in this Chapter apply mutatis mutandis
 to products exported from the United Kingdom to Ceuta and Melilla and to products exported from
 Ceuta and Melilla to the United Kingdom.
 4. Ceuta and Melilla shall be considered as a single territory.
 5. Article ORIG.4 [Cumulation of origin] applies to import and exports of products between the
 Union, the United Kingdom and Ceuta and Melilla.
 6. The exporters shall enter “the United Kingdom” or “Ceuta and Melilla” in field 3 of the text
 of the statement on origin, depending on the origin of the product.
 54
 ---pagebreak--- 7. The customs authority of the Kingdom of Spain shall be responsible for the application and
 implementation of this Chapter in Ceuta and Melilla.
 Article ORIG.30: Transitional provisions for products in transit or storage
 The provisions of this Agreement may be applied to products which comply with the provisions of
 this Chapter and which on the date of entry into force of this Agreement are either in transit from
 the exporting Party to the importing Party or under customs control in the importing Party without
 payment of import duties and taxes, subject to the making of a claim for preferential tariff treatment
 referred to in Article ORIG.18 [Claim for preferential tariff treatment] to the customs authority of the
 importing Party, within 12 months of that date.
 Article ORIG.31: Amendment to this chapter and its annexes
 The Partnership Council may amend this Chapter and its Annexes.
 Chapter 3: Sanitary and phytosanitary measures
 Article SPS.1: Objectives
 The objectives of this Chapter are to:
 (a) protect human, animal and plant life or health in the territories of the Parties while facilitating
 trade between the Parties;
 (b) further the implementation of the SPS Agreement;
 (c) ensure that the Parties’ sanitary and phytosanitary (“SPS”) measures do not create unnecessary
 barriers to trade;
 (d) promote greater transparency and understanding on the application of each Party’s SPS
 measures;
 (e) enhance cooperation between the Parties in the fight against antimicrobial resistance, promotion
 of sustainable food systems, protection of animal welfare, and on electronic certification;
 (f) enhance cooperation in the relevant international organisations to develop international
 standards, guidelines and recommendations on animal health, food safety and plant health;
 and
 (g) promote implementation by each Party of international standards, guidelines and
 recommendations.
 Article SPS.2: Scope
 1. This Chapter applies to all SPS measures of a Party that may, directly or indirectly, affect
 trade between the Parties.
 2. This Chapter also lays down separate provisions regarding cooperation on animal welfare,
 antimicrobial resistance and sustainable food systems.
 55
 ---pagebreak--- Article SPS.3: Definitions
 1. For the purposes of this Chapter, the following definitions apply:
 (a) the definitions contained in Annex A of the SPS Agreement;
 (b) the definitions adopted under the auspices of the Codex Alimentarius Commission (the
 “Codex”);
 (c) the definitions adopted under the auspices of the World Organisation for Animal Health (the
 “OIE”); and
 (d) the definitions adopted under the auspices of the International Plant Protection Convention
 (the “IPPC”).
 2. For the purposes of this Chapter:
 (a) “import conditions” means any SPS measures that are required to be fulfilled for the import
 of products; and
 (b) "protected zone" for a specified regulated plant pest means an officially defined geographical
 area in which that pest is not established in spite of favourable conditions and its presence in
 other parts of the territory of the Party, and into which that pest is not allowed to be
 introduced.
 3. The Trade Specialised Committee on Sanitary and Phytosanitary Measures may adopt other
 definitions for the purposes of this Chapter, taking into consideration the glossaries and definitions
 of the relevant international organisations, such as the Codex, OIE and IPPC.
 4. The definitions under the SPS Agreement prevail to the extent that there is an inconsistency
 between the definitions adopted by the Trade Specialised Committee on Sanitary and Phytosanitary
 Measures or adopted under the auspices of the Codex, the OIE, the IPPC and the definitions under
 the SPS Agreement. In the event of an inconsistency between definitions adopted by the Trade
 Specialised Committee on Sanitary and Phytosanitary Measures and the definitions set out in the
 Codex, OIE or IPPC, the definitions set out in the Codex, OIE or IPPC shall prevail.
 Article SPS.4: Rights and obligations
 The Parties reaffirm their rights and obligations under the SPS Agreement. This includes the right to
 adopt measures in accordance with Article 5(7) of the SPS Agreement.
 Article SPS.5: General principles
 1. The Parties shall apply SPS measures for achieving their appropriate level of protection that
 are based on risk assessments in accordance with relevant provisions, including Article 5 of the SPS
 Agreement.
 2. The Parties shall not use SPS measures to create unjustified barriers to trade.
 3. Regarding trade-related SPS procedures and approvals established under this Chapter, each
 Party shall ensure that these procedures and related SPS measures:
 56
 ---pagebreak--- (a) are initiated and completed without undue delay;
 (b) do not include unnecessary, scientifically and technically unjustified or unduly burdensome
 information requests that might delay access to each other’s markets;
 (c) are not applied in a manner which would constitute arbitrary or unjustifiable discrimination
 against the other Party’s entire territory or parts of the other Party’s territory where identical
 or similar SPS conditions exist; and
 (d) are proportionate to the risks identified and not more trade restrictive than necessary to
 achieve the importing Party's appropriate level of protection.
 4. The Parties shall not use the procedures referred to in paragraph 3, or any requests for
 additional information, to delay access to their markets without scientific and technical justification.
 5. Each Party shall ensure that any administrative procedure it requires concerning the import
 conditions on food safety, animal health or plant health is not more burdensome or trade restrictive
 than necessary to give the importing Party adequate confidence that these conditions are met. Each
 Party shall ensure that the negative effects on trade of any administrative procedures are kept to a
 minimum and that the clearance processes remain simple and expeditious while meeting the
 importing Party’s conditions.
 6. The importing Party shall not put in place any additional administrative system or procedure
 that unnecessarily hampers trade.
 Article SPS.6: Official certification
 1. Where the importing Party requires official certificates, the model certificates shall be:
 (a) set in line with the principles as laid down in the international standards of the Codex,
 the IPPC and the OIE; and
 (b) applicable to imports from all parts of the territory of the exporting Party.
 2. The Trade Specialised Committee on Sanitary and Phytosanitary Measures may agree on
 specific cases where the model certificates referred to in paragraph 1 would be established only
 for a part or parts of the territory of the exporting Party. The Parties shall promote the
 implementation of electronic certification and other technologies to facilitate trade.
 Article SPS.7: Import conditions and procedures
 1. Without prejudice to the rights and obligations each Party has under the SPS Agreement and
 this Chapter, the import conditions of the importing Party shall apply to the entire territory of the
 exporting Party in a consistent manner.
 2. The exporting Party shall ensure that products exported to the other Party, such as animals
 and animal products, plants and plant products, or other related objects, meet the SPS requirements
 of the importing Party.
 3. The importing Party may require that imports of particular products are subject to
 authorisation. Such authorisation shall be granted where a request is made by the relevant
 competent authority of the exporting Party which objectively demonstrates, to the satisfaction of
 the importing Party, that the authorisation requirements of the importing Party are fulfilled. The
 57
 ---pagebreak--- relevant competent authority of the exporting Party may make a request for authorisation in respect
 of the entire territory of the exporting Party. The importing Party shall grant such requests on that
 basis, where they fulfil the authorisation requirements of the importing Party as set out in this
 paragraph.
 4. The importing Party shall not introduce authorisation requirements which are additional to
 those which apply at the end of the transition period, unless the application of such requirements to
 further products is justified to mitigate a significant risk to human, animal or plant health.
 5. The importing Party shall establish and communicate to the other Party import conditions
 for all products. The importing Party shall ensure that its import conditions are applied in a
 proportionate and non-discriminatory manner.
 6. Without prejudice to provisional measures under Article 5(7) of the SPS Agreement, for
 products, or other related objects, where a phytosanitary concern exists, the import conditions shall
 be restricted to measures to protect against regulated pests of the importing Party and shall be
 applicable to the entire territory of the exporting Party.
 7. Notwithstanding paragraphs 1 and 3, in the case of import authorisation requests for a
 specific product, where the exporting Party has requested to be examined only for a part, or certain
 parts, of its territory (in the case of the Union, individual Member States), the importing Party shall
 promptly proceed to the examination of that request. Where the importing Party receives requests
 in respect of the specific product from more than one part of the exporting Party, or, where further
 requests are received in respect of a product which has already been authorised, the importing Party
 shall expedite completion of the authorisation procedure, taking into account the identical or similar
 SPS regime applicable in the different parts of the exporting Party.
 8. Each Party shall ensure that all SPS control, inspection and approval procedures are initiated
 and completed without undue delay. Information requirements shall be limited to what is necessary
 for the approval process to take into account information already available in the importing Party,
 such as on the legislative framework and audit reports of the exporting Party.
 9. Except in duly justified circumstances related to its level of protection, each Party shall
 provide a transition period between the publication of any changes to its approval procedures and
 their application to allow the other Party to become familiar with and adapt to such changes. Each
 Party shall not unduly prolong the approval process for applications submitted prior to publication of
 the changes.
 10. In relation to the processes set out in paragraphs 3 to 8, the following actions shall be taken:
 (a) as soon as the importing Party has positively concluded its assessment, it shall promptly take
 all necessary legislative and administrative measures to allow trade to take place without
 undue delay;
 (b) the exporting Party shall:
 (i) provide all relevant information required by the importing Party; and
 (ii) give reasonable access to the importing Party for audit and other relevant procedures.
 (c) the importing party shall establish a list of regulated pests for products, or other related
 objects, where a phytosanitary concern exists. That list shall contain:
 58
 ---pagebreak--- (i) the pests not known to occur within any part of its own territory;
 (ii) the pests known to occur within its own territory and under official control;
 (iii) the pests known to occur within parts of its own territory and for which pest free
 areas or protected zones are established; and
 (iv) non-quarantine pests known to occur within its own territory and under official
 control for specified planting material.
 11. The importing Party shall accept consignments without requiring that the importing Party
 verifies compliance of those consignments before their departure from the territory of the exporting
 Party.
 12. A Party may collect fees for the costs incurred to conduct specific SPS frontier checks, which
 should not exceed the recovery of the costs.
 13. The importing Party shall have the right to carry out import checks on products imported
 from the exporting Party for the purposes of ensuring compliance with its SPS import requirements.
 14. The import checks carried out on products imported from the exporting Party shall be based
 on the SPS risk associated with such importations. Import checks shall be carried out only to the
 extent necessary to protect human, animal or plant life and health, without undue delay and with a
 minimum effect on trade between the Parties.
 15. Information on the proportion of products from the exporting Party checked at import shall
 be made available by the importing Party upon request of the exporting Party.
 16. If import checks reveal non-compliance with the relevant import conditions the action taken
 by the importing Party must be based on an assessment of the risk involved and not be more trade
 restrictive than required to achieve the Party's appropriate level of SPS protection.
 Article SPS.8 Lists of approved establishments
 1. Whenever justified, the importing Party may maintain a list of approved establishments
 meeting its import requirements as a condition to allow imports of animal products from these
 establishments.
 2. Unless justified to mitigate a significant risk to human or animal health, lists of approved
 establishments shall only be required for the products for which they were required at the end of
 the transition period.
 3. The exporting Party shall inform the importing Party of its list of establishments meeting the
 importing Party’s conditions which shall be based on guarantees provided by the exporting Party.
 4. Upon a request from the exporting Party, the importing Party shall approve establishments
 which are situated in the territory of the exporting Party, based on guarantees provided by the
 exporting Party, without prior inspection of individual establishments.
 5. Unless the importing Party requests additional information and subject to guarantees being
 provided by the exporting party, the importing Party shall take the necessary legislative or
 59
 ---pagebreak--- administrative measures, in accordance with its applicable legal procedures, to allow imports from
 those establishments without undue delay.
 6. The list of the approved establishments shall be made publicly available by the importing
 Party.
 7. Where the importing Party decides to reject the request of the exporting Party to accept
 adding an establishment to the list of approved establishments, it shall inform the exporting Party
 without delay and shall submit a reply, including information about the non-conformities which led
 to the rejection of the establishment’s approval.
 Article SPS.9: Transparency and exchange of information
 1. Each Party shall pursue transparency as regards SPS measures applicable to trade and shall
 for those purposes undertake the following actions:
 (a) promptly communicate to the other Party any changes to its SPS measures and approval
 procedures, including changes that may affect its capacity to fulfil the SPS import
 requirements of the other Party for certain products;
 (b) enhance mutual understanding of its SPS measures and their application;
 (c) exchange information with the other Party on matters related to the development and
 application of SPS measures, including the progress on new available scientific evidence, that
 affect, or may affect, trade between the Parties with a view to minimising negative trade
 effects;
 (d) upon request of the other Party, communicate the conditions that apply for the import of specific
 products within 20 working days;
 (e) upon request of the other Party, communicate the state of play of the procedure for the
 authorisation of specific products within 20 working days;
 (f) communicate to the other Party any significant change to the structure or organisation of a
 Party's competent authority;
 (g) on request, communicate the results of a Party's official control and a report that concerns the
 results of the control carried out;
 (h) on request, communicate the results of an import check provided for in case of a rejected or a
 non-compliant consignment; and
 (i) on request, communicate, without undue delay, a risk assessment or scientific opinion produced
 by a Party that is relevant to this Chapter.
 2. Where a Party has made available the information in paragraph 1 via notification to the
 WTO’s Central Registry of Notifications or to the relevant international standard-setting body, in
 accordance with its relevant rules, the requirements in paragraph 1, as they apply to that
 information, are fulfilled.
 60
 ---pagebreak--- Article SPS.10: Adaptation to regional conditions
 1. The Parties shall recognise the concept of zoning including disease or pest-free areas,
 protected zones and areas of low disease or pest prevalence and shall apply it to the trade between
 the Parties, in accordance with the SPS Agreement, including the guidelines to further the practical
 implementation of Article 6 of the SPS Agreement (WTO/SPS Committee Decision G/SPS/48) and the
 relevant recommendations, standards and guidelines of the OIE and IPPC. The Trade Specialised
 Committee on Sanitary and Phytosanitary Measures may define further details for these procedures,
 taking into account any relevant SPS Agreement, OIE and IPPC standards, guidelines or
 recommendations.
 2. The Parties may also agree to cooperate on the concept of compartmentalisation as referred
 to in Chapters 4.4 and 4.5 of the OIE Terrestrial Animal Health Code and Chapters 4.1 and 4.2 of the
 OIE Aquatic Animal Health Code.
 3. When establishing or maintaining the zones referred to in paragraph 1, the Parties shall
 consider factors such as geographical location, ecosystems, epidemiological surveillance and the
 effectiveness of SPS controls.
 4. With regard to animals and animal products, when establishing or maintaining import
 conditions upon the request of the exporting Party, the importing Party shall recognise the disease-
 free areas established by the exporting Party as a basis for consideration towards the determination
 of allowing or maintaining the import, without prejudice to paragraphs 8 and 9.
 5. The exporting Party shall identify the parts of its territory referred to in paragraph 4 and, if
 requested, provide a full explanation and supporting data based on the OIE standards, or in other
 ways established by the Trade Specialised Committee on Sanitary and Phytosanitary Measures,
 based on the knowledge acquired through experience of the exporting Party’s relevant authorities.
 6. With regard to plants, plant products, and other related objects, when establishing or
 maintaining phytosanitary import conditions, on request of the exporting Party, the importing Party
 shall recognise the pest-free areas, pest-free places of production, pest-free production sites, areas
 of low pest prevalence and protected zones established by the exporting Party as a basis for
 consideration towards the determination to allow or maintain the import, without prejudice to
 paragraphs 8 and 9.
 7. The exporting Party shall identify its pest-free areas, pest-free places of production, pest-
 free production sites and areas of low pest prevalence or protected zones. If requested by the
 importing Party, the exporting Party shall provide a full explanation and supporting data based on
 the International Standards for Phytosanitary Measures developed under the IPPC, or in other ways
 established by the Trade Specialised Committee on Sanitary and Phytosanitary Measures, based on
 the knowledge acquired through experience of the exporting Party's relevant phytosanitary
 authorities.
 8. The Parties shall recognise disease-free areas and protected zones which are in place at the
 end of the transition period.
 9. Paragraph 8 shall also apply to subsequent adaptations to the disease-free areas and
 protected zones (in the case of the United Kingdom pest-free areas), except in cases of significant
 changes in the disease or pest situations.
 61
 ---pagebreak--- 10. The Parties may carry out audits and verifications pursuant to Article 11 to implement
 paragraphs 4 to 9 of this Article.
 11. The Parties shall establish close cooperation with the objective of maintaining confidence in
 the procedures in relation to the establishment of disease- or pest-free areas, pest-free places of
 production, pest-free production sites and areas of low pest or disease prevalence and protected
 zones, with the aim to minimise trade disruption.
 12. The importing Party shall base its own determination of the animal or plant health status of
 the exporting Party or parts thereof on the information provided by the exporting Party in
 accordance with the SPS Agreement, OIE and IPPC standards, and take into consideration any
 determination made by the exporting Party.
 13. Where the importing Party does not accept the determination made by the exporting Party
 as referred to in paragraph 12 of this Article, the importing Party shall objectively justify and explain
 to the exporting Party the reasons for that rejection and, upon request, hold consultations, in
 accordance with Article SPS 12(2).
 14. Each Party shall ensure that the obligations set out in paragraphs 4 to 9, 12 and 13 are
 carried out without undue delay. The importing Party will expedite the recognition of the disease or
 pest status when the status has been recovered after an outbreak.
 15. Where a Party considers that a specific region has a special status with respect to a specific
 disease and which fulfils the criteria laid down in the OIE Terrestrial Animal Health Code Chapter 1.2
 or the OIE Aquatic Animal Health Code Chapter 1.2, it may request recognition of this status. The
 importing Party may request additional guarantees in respect of imports of live animals and animal
 products appropriate to the agreed status.
 Article SPS.11: Audits and verifications
 1. The importing Party may carry out audits and verifications of the following:
 (a) all or part of the other Party’s authorities’ inspection and certification system;
 (b) the results of the controls carried out under the exporting Party’s inspection and certification
 system.
 2. The Parties shall carry out those audits and verifications in accordance with the provisions of
 the SPS Agreement, taking into account the relevant international standards, guidelines and
 recommendations of the Codex Alimentarius, OIE or IPPC.
 3. For the purposes of carrying out such audits and verifications, the importing Party may
 conduct audits and verifications by means of requests of information from the exporting Party or
 audit and verification visits to the exporting Party, which may include:
 (a) an assessment of all or part of the responsible authorities’ total control programme, including,
 where appropriate, reviews of regulatory audit and inspection activities;
 (b) on-the-spot checks; and
 (c) the collection of information and data to assess the causes of recurring or emerging problems
 in relation to exports of products.
 62
 ---pagebreak--- 4. The importing Party shall share with the exporting Party the results and conclusions of the
 audits and verifications carried out pursuant to paragraph 1. The importing Party may make these
 results publicly available.
 5. Prior to the commencement of an audit or verification, the Parties shall discuss the
 objectives and scope of the audit or verification, the criteria or requirements against which the
 exporting Party will be assessed, and the itinerary and procedures for conducting the audit or
 verification which shall be laid down in an audit or verification plan. Unless otherwise agreed by the
 Parties, the importing Party shall provide the exporting Party with an audit or verification plan at
 least 30 days prior to the commencement of the audit or verification.
 6. The importing Party shall provide the exporting Party the opportunity to comment on the
 draft audit or verification report. The importing Party shall provide a final report in writing to the
 exporting Party normally within two months from the date of receipt of those comments.
 7. Each Party shall bear its own costs associated with such an audit or verification.
 Article SPS.12: Notification and consultation
 1. A Party shall notify the other Party without undue delay of:
 (a) a significant change to pest or disease status;
 (b) the emergence of a new animal disease;
 (c) a finding of epidemiological importance with respect to an animal disease;
 (d) a significant food safety issue identified by a Party;
 (e) any additional measures beyond the basic requirements of their respective SPS measures taken
 to control or eradicate animal disease or protect human health, and any changes in preventive
 policies, including vaccination policies;
 (f) on request, the results of a Party’s official control and a report that concerns the results of the
 control carried out; and
 (g) any significant changes to the functions of a system or database.
 2. If a Party has a significant concern with respect to food safety, plant health, or animal health,
 or an SPS measure that the other Party has proposed or implemented, that Party may request
 technical consultations with the other Party. The requested Party should respond to the request
 without undue delay. Each Party shall endeavour to provide the information necessary to avoid a
 disruption to trade and, as the case may be, to reach a mutually acceptable solution.
 3. Consultations referred to in paragraph 2 may be held via telephone conference,
 videoconference, or any other means of communication mutually agreed on by the Parties.
 Article SPS.13: Emergency measures
 1. If the importing Party considers that there is a serious risk to human, animal or plant life and
 health, it may take without prior notification the necessary measures for the protection of human,
 animal or plant life and health. For consignments that are in transit between the Parties, the
 63
 ---pagebreak--- importing Party shall consider the most suitable and proportionate solution to avoid unnecessary
 disruptions to trade.
 2. The Party taking the measures shall notify the other Party of an emergency SPS measure as
 soon as possible after its decision to implement the measure and no later than 24 hours after the
 decision has been taken. If a Party requests technical consultations to address the emergency SPS
 measure, the technical consultations must be held within 10 days of the notification of the
 emergency SPS measure. The Parties shall consider any information provided through the technical
 consultations. These consultations shall be carried out in order to avoid unnecessary disruptions to
 trade. The Parties may consider options for the facilitation of the implementation or the
 replacement of the measures.
 3. The importing Party shall consider, in a timely manner, information that was provided by the
 exporting Party when it makes its decision with respect to consignments that, at the time of
 adoption of the emergency SPS measure, are being transported between the Parties, in order to
 avoid unnecessary disruptions to trade.
 4. The importing Party shall ensure that any emergency measure taken on the grounds
 referred to in paragraph 1 of this Article is not maintained without scientific evidence or, in cases
 where scientific evidence is insufficient, is adopted in accordance with Article 5(7) of the SPS
 Agreement.
 Article: SPS.14: Multilateral international fora
 The Parties agree to cooperate in multilateral international fora on the development of international
 standards, guidelines and recommendations in the areas under the scope of this Chapter.
 Article SPS.15: Implementation and competent authorities
 1. For the purposes of the implementation of this Chapter, each Party shall take all of the
 following into account:
 (a) decisions of the WTO SPS Committee;
 (b) the work of the relevant international standard setting bodies;
 (c) any knowledge and past experience it has of trading with the exporting Party; and
 (d) information provided by the other Party.
 2. The Parties shall, without delay, provide each other with a description of the competent
 authorities of the Parties for the implementation of this Chapter. The Parties shall notify each other
 of any significant change to these competent authorities.
 3. Each Party shall ensure that its competent authorities have the necessary resources to
 effectively implement this Chapter.
 Article SPS.16: Cooperation on animal welfare
 1. The Parties recognise that animals are sentient beings. They also recognise the connection
 between improved welfare of animals and sustainable food production systems.
 64
 ---pagebreak--- 2. The Parties undertake to cooperate in international fora to promote the development of the
 best possible animal welfare practices and their implementation. In particular, the Parties shall
 cooperate to reinforce and broaden the scope of the OIE animal welfare standards, as well as their
 implementation, with a focus on farmed animals.
 3. The Parties shall exchange information, expertise and experiences in the field of animal
 welfare, particularly related to breeding, holding, handling, transportation and slaughter of food-
 producing animals.
 4. The Parties shall strengthen their cooperation on research in the area of animal welfare in
 relation to animal breeding and the treatment of animals on farms, during transport and at
 slaughter.
 Article SPS.17: Cooperation on antimicrobial resistance
 1. The Parties shall provide a framework for dialogue and cooperation with a view to
 strengthening the fight against the development of anti-microbial resistance.
 2. The Parties recognise that anti-microbial resistance is a serious threat to human and animal
 health. Misuse of anti-microbials in animal production, including non-therapeutic use, can contribute
 to anti-microbial resistance that may represent a risk to human life. The Parties recognise that the
 nature of the threat requires a transnational and One Health approach.
 3. With a view to combating antimicrobial resistance, the Parties shall endeavour to cooperate
 internationally with regional or multilateral work programmes to reduce the unnecessary use of
 antibiotics in animal production and to work towards the cessation of the use of antibiotics as
 growth promotors internationally to combat antimicrobial resistance in line with the One Health
 approach, and in compliance with the Global Action Plan.
 4. The Parties shall collaborate in the development of international guidelines, standards,
 recommendations and actions in relevant international organisations aiming to promote the prudent
 and responsible use of antibiotics in animal husbandry and veterinary practices.
 5. The dialogue referred to in paragraph 1 shall cover, inter alia:
 (a) collaboration to follow up existing and future guidelines, standards, recommendations and
 actions developed in relevant international organisations and existing and future initiatives
 and national plans aiming to promote the prudent and responsible use of antibiotics and
 relating to animal production and veterinary practices;
 (b) collaboration in the implementation of the recommendations of OIE, WHO and Codex, in
 particular CAC-RCP61/2005;
 (c) the exchange of information on good farming practices;
 (d) the promotion of research, innovation and development;
 (e) the promotion of multidisciplinary approaches to combat antimicrobial resistance, including
 the One Health approach of the WHO, OIE and Codex Alimentarius.
 65
 ---pagebreak--- Article SPS.18: Sustainable food systems
 Each Party shall encourage its food safety, animal and plant health services to cooperate with their
 counterparts in the other Party with the aim of promoting sustainable food production methods and
 food systems.
 Article SPS.19: Trade Specialised Committee on Sanitary and Phytosanitary Measures
 The Trade Specialised Committee on Sanitary and Phytosanitary Measures shall supervise the
 implementation and operation of this Chapter and have the following functions:
 (a) promptly clarifying and addressing, where possible, any issue raised by a Party relating to the
 development, adoption or application of sanitary and phytosanitary requirements, standards
 and recommendations under this Chapter or the SPS Agreement;
 (b) discussing ongoing processes on the development of new regulations;
 (c) discussing as expeditiously as possible concerns expressed by a Party with regard to the SPS
 import conditions and procedures applied by the other Party;
 (d) regularly reviewing the Parties’ SPS measures, including certification requirements and border
 clearance processes, and their application, in order to facilitate trade between the Parties, in
 accordance with the principles, objectives and procedures set out in Article 5 of the SPS
 Agreement. Each Party shall identify any appropriate action it will take, including in relation to
 the frequency of identity and physical checks, taking into consideration the results of this
 review and based on the criteria laid down in ANNEX SPS-1: Criteria referred to in Article
 SPS.19.(d).
 (e) exchanging views, information, and experiences with respect to the cooperation activities on
 protecting animal welfare and the fight against antimicrobial resistance carried out under SPS.
 16 and 17;
 (f) on request of a Party, considering what constitutes a significant change in the disease or pest
 situation referred to in Article SPS 10(9);
 (g) adopting decisions to:
 (i) add definitions as referred to in Article SPS 3(3);
 (ii) define the specific cases referred to in Article SPS 6(2);
 (iii) define details for the procedures referred to in Article SPS 10(1);
 (iv) establish other ways to support the explanations referred to in Article SPS 10(5) and
 (7).
 Chapter 4: Technical barriers to trade
 66
 ---pagebreak--- Article TBT.1: Objective
 The objective of this Chapter is to facilitate trade in goods between the Parties by preventing,
 identifying and eliminating unnecessary technical barriers to trade.
 Article TBT.2: Scope
 1. This Chapter applies to the preparation, adoption and application of all standards, technical
 regulations and conformity assessment procedures, which may affect trade in goods between the
 Parties.
 2. This Chapter does not apply to:
 (a) purchasing specifications prepared by governmental bodies for production or consumption
 requirements of such bodies; or
 (b) SPS measures that fall within scope of Chapter 3 [Sanitary and phytosanitary measures].
 3. The Annexes to this Chapter apply, in respect of products within their scope, in addition to
 this Chapter. Any provision in an Annex to this Chapter that an international standard or body or
 organisation is to be considered or recognised as relevant, does not prevent a standard developed
 by any other body or organisation from being considered to be a relevant international standard
 pursuant to Article TBT.4 (4) and (5).
 Article TBT.3: Relationship with the TBT Agreement
 1. Articles 2 to 9 of and Annexes 1 and 3 to the TBT Agreement are incorporated into and made
 part of this Agreement mutatis mutandis.
 2. Terms referred to in this Chapter and in the Annexes to this Chapter shall have the same
 meaning as they have in the TBT Agreement.
 Article TBT.4: Technical regulations
 1. Each Party shall carry out impact assessments of planned technical regulations in accordance
 with its respective rules and procedures. The rules and procedures referred to in this paragraph and
 in paragraph 8 may provide for exceptions.
 2. Each Party shall assess the available regulatory and non-regulatory alternatives to the
 proposed technical regulation that may fulfil the Party's legitimate objectives, in accordance with
 Article 2.2 of the TBT Agreement.
 3. Each Party shall use relevant international standards as a basis for its technical regulations
 except when it can demonstrate that such international standards would be an ineffective or
 inappropriate means for the fulfilment of the legitimate objectives pursued.
 4. International standards developed by the International Organization for Standardization
 (ISO), International Electrotechnical Commission (IEC), International Telecommunication Union (ITU)
 and Codex Alimentarius Commission (Codex) shall be the relevant international standards within the
 meaning of Article 2, Article 5 and Annex 3 of the TBT Agreement.
 67
 ---pagebreak--- 5. A standard developed by other international organisations, could also be considered a
 relevant international standard within the meaning of Article 2, Article 5 and Annex 3 of the TBT
 Agreement, provided that:
 (a) it has been developed by a standardising body which seeks to establish consensus either:
 (i) among national delegations of the participating WTO Members representing all the
 national standardising bodies in their territory that have adopted, or expect to adopt,
 standards for the subject matter to which the international standardisation activity
 relates, or,
 (ii) among governmental bodies of participating WTO Members, and,
 (b) it has been developed in accordance with the Decision of the WTO Committee on Technical
 Barriers to Trade on Principles for the Development of International Standards, Guides and
 Recommendations with relation to Articles 2, 5, and Annex 3 of the TBT Agreement.4
 6. Where a Party does not use international standards as a basis for a technical regulation, on
 request of the other Party, it shall identify any substantial deviation from the relevant international
 standard, explain the reasons why such standards were judged inappropriate or ineffective for the
 objective pursued, and provide the scientific or technical evidence on which that assessment was
 based.
 7. Each Party shall review its technical regulations to increase the convergence of those
 technical regulations with relevant international standards, taking into account, inter alia, any new
 developments in the relevant international standards or any changes in the circumstances that have
 given rise to divergence from any relevant international standards.
 8. In accordance with its respective rules and procedures and without prejudice to Title X
 [Good Regulatory Practices and Regulatory Cooperation], when developing a major technical
 regulation which may have a significant effect on trade, each Party shall ensure that procedures exist
 that allow persons to express their opinion in a public consultation, except where urgent problems
 of safety, health, environment or national security arise or threaten to arise. Each Party shall allow
 persons of the other Party to participate in such consultations on terms that are no less favourable
 than those accorded to its own nationals, and shall make the results of those consultations public.
 Article TBT.5: Standards
 1. Each Party shall encourage the standardising bodies established within its territory, as well
 as the regional standardising bodies of which a Party or the standardising bodies established in its
 territory are members:
 (a) to participate, within the limits of their resources, in the preparation of international
 standards by relevant international standardising bodies;
 (b) to use relevant international standards as a basis for the standards they develop, except
 where such international standards would be ineffective or inappropriate, for example
 because of an insufficient level of protection, fundamental climatic or geographical factors or
 fundamental technological problems;
 4
 G/TBT/9, 13 November 2000, Annex 4.
 68
 ---pagebreak--- (c) to avoid duplications of, or overlaps with, the work of international standardising bodies;
 (d) to review national and regional standards that are not based on relevant international
 standards at regular intervals, with a view to increasing the convergence of those standards
 with relevant international standards;
 (e) to cooperate with the relevant standardising bodies of the other Party in international
 standardisation activities, including through cooperation in the international standardising
 bodies or at regional level;
 (f) to foster bilateral cooperation with the standardising bodies of the other Party; and
 (g) to exchange information between standardising bodies.
 2. The Parties shall exchange information on:
 (a) their respective use of standards in support of technical regulations; and
 (b) their respective standardisation processes, and the extent to which they use international,
 regional or sub-regional standards as a basis for their national standards.
 3. Where standards are rendered mandatory in a draft technical regulation or conformity
 assessment procedure, through incorporation or reference, the transparency obligations set out in
 Article TBT.7 [Transparency] and in Articles 2 or 5 of the TBT Agreement shall apply.
 Article TBT.6: Conformity assessment
 1. Article TBT.4 [Technical regulations] concerning the preparation, adoption and application of
 technical regulations shall also apply to conformity assessment procedures, mutatis mutandis.
 2. Where a Party requires conformity assessment as a positive assurance that a product
 conforms with a technical regulation, it shall:
 (a) select conformity assessment procedures that are proportionate to the risks involved, as
 determined on the basis of a risk-assessment;
 (b) consider as proof of compliance with technical regulations the use of a supplier’s declaration
 of conformity, i.e. a declaration of conformity issued by the manufacturer on the sole
 responsibility of the manufacturer without a mandatory third-party assessment, as assurance
 of conformity among the options for showing compliance with technical regulations;
 (c) where requested by the other Party, provide information on the criteria used to select the
 conformity assessment procedures for specific products.
 3. Where a Party requires third party conformity assessment as a positive assurance that a
 product conforms with a technical regulation and it has not reserved this task to a government
 authority as specified in paragraph 4, it shall:
 (a) use accreditation, as appropriate, as a means to demonstrate technical competence to qualify
 conformity assessment bodies. Without prejudice to its right to establish requirements for
 conformity assessment bodies, each Party recognises the valuable role that accreditation
 69
 ---pagebreak--- operated with authority derived from government and on a non-commercial basis can play in
 the qualification of conformity assessment bodies;
 (b) use relevant international standards for accreditation and conformity assessment;
 (c) encourage accreditation bodies and conformity assessment bodies located within its territory
 to join any relevant functioning international agreements or arrangements for harmonisation
 or facilitation of acceptance of conformity assessment results;
 (d) if two or more conformity assessment bodies are authorised by a Party to carry out
 conformity assessment procedures required for placing a product on the market, ensure that
 economic operators have a choice amongst the conformity assessment bodies designated by
 the authorities of a Party for a particular product or set of products;
 (e) ensure that conformity assessment bodies are independent of manufacturers, importers and
 economic operators in general and that there are no conflicts of interest between
 accreditation bodies and conformity assessment bodies;
 (f) allow conformity assessment bodies to use subcontractors to perform testing or inspections in
 relation to the conformity assessment, including subcontractors located in the territory of the
 other Party, and may require subcontractors to meet the same requirements the conformity
 assessment body must meet to perform such testing or inspections itself; and
 (g) publish on a single website a list of the bodies that it has designated to perform such
 conformity assessment and the relevant information on the scope of designation of each such
 body.
 4. Nothing in this Article shall preclude a Party from requiring that conformity assessment in
 relation to specific products is performed by its specified government authorities. If a Party requires
 that conformity assessment is performed by its specified government authorities, that Party shall:
 (a) limit the conformity assessment fees to the approximate cost of the services rendered and, at
 the request of an applicant for conformity assessment, explain how any fees it imposes for
 that conformity assessment are limited to the approximate cost of services rendered; and
 (b) make publicly available the conformity assessment fees.
 5. Notwithstanding paragraphs 2 to 4, each Party shall accept a supplier’s declaration of
 conformity as proof of compliance with its technical regulations in those product areas where it does
 so on the date of entry into force of this Agreement.
 6. Each Party shall publish and maintain a list of the product areas referred to in paragraph 5
 for information purposes, together with the references to the applicable technical regulations.
 7. Notwithstanding paragraph 5, either Party may introduce requirements for the mandatory
 third party testing or certification of the product areas referred to in that paragraph, provided that
 such requirements are justified on grounds of legitimate objectives and are proportionate to the
 purpose of giving the importing Party adequate confidence that products conform with the
 applicable technical regulations or standards, taking account of the risks that non-conformity would
 create.
 70
 ---pagebreak--- 8. A Party proposing to introduce the conformity assessment procedures referred to in
 paragraph 7 shall notify the other Party at an early stage and shall take the comments of the other
 Party into account in devising any such conformity assessment procedures.
 Article TBT.7: Transparency
 1. Except where urgent problems of safety, health, environmental protection or national
 security arise or threaten to arise, each Party shall allow the other Party to provide written
 comments on notified proposed technical regulations and conformity assessment procedures within
 a period of at least 60 days from the date of the transmission of the notification of such regulations
 or procedures to the WTO Central Registry of Notifications. A Party shall give positive consideration
 to a reasonable request to extend that comment period.
 2. Each Party shall provide the electronic version of the full notified text together with the
 notification. In the event that the notified text is not in one of the official WTO languages, the
 notifying Party shall provide a detailed and comprehensive description of the content of the
 measure in the WTO notification format.
 3. If a Party receives written comments on its proposed technical regulation or conformity
 assessment procedure from the other Party, it shall:
 (a) if requested by the other Party, discuss the written comments with the participation of its
 competent regulatory authority, at a time when they can be taken into account; and
 (b) reply in writing to the comments no later than the date of publication of the technical
 regulation or conformity assessment procedure.
 4. Each Party shall endeavour to publish on a website its responses to the comments it receives
 following the notification referred to in paragraph 1 no later than on the date of publication of the
 adopted technical regulation or conformity assessment procedure.
 5. Each Party shall, where requested by the other Party, provide information regarding the
 objectives of, legal basis for and rationale for, any technical regulation or conformity assessment
 procedure that the Party has adopted or is proposing to adopt.
 6. Each Party shall ensure that the technical regulations and conformity assessment procedures
 it has adopted are published on a website that is accessible free of charge.
 7. Each Party shall provide information on the adoption and the entry into force of technical
 regulations or conformity assessment procedures and the adopted final texts through an addendum
 to the original notification to the WTO.
 8. Each Party shall allow a reasonable interval between the publication of technical regulations
 and their entry into force, in order to allow time for the economic operators of the other Party to
 adapt. ‘Reasonable interval’ means a period of at least six months, unless this would be ineffective in
 fulfilling the legitimate objectives pursued.
 9. A Party shall give positive consideration to a reasonable request from the other Party
 received prior to the end of the comment period set out in paragraph 1 to extend the period of time
 between the adoption of the technical regulation and its entry into force, except where the delay
 would be ineffective in fulfilling the legitimate objectives pursued.
 71
 ---pagebreak--- 10. Each Party shall ensure that the enquiry point established in accordance with Article 10 of
 the TBT Agreement provides information and answers in one of the official WTO languages to
 reasonable enquiries from the other Party or from interested persons of the other Party regarding
 adopted technical regulations and conformity assessment procedures.
 Article TBT.8: Marking and labelling
 1. The technical regulations of a Party may include or exclusively address mandatory marking
 or labelling requirements. In such cases, the principles of Article 2.2 of the TBT Agreement apply to
 these technical regulations.
 2. Where a Party requires mandatory marking or labelling of products, all of the following
 conditions shall apply:
 (a) it shall only require information which is relevant for consumers or users of the product or
 information that indicates that the product conforms to the mandatory technical
 requirements;
 (b) it shall not require any prior approval, registration or certification of the labels or markings of
 products, nor any fee disbursement, as a precondition for placing on its market products that
 otherwise comply with its mandatory technical requirements unless it is necessary in view of
 legitimate objectives;
 (c) where the Party requires the use of a unique identification number by economic operators, it
 shall issue such a number to the economic operators of the other Party without undue delay
 and on a non-discriminatory basis;
 (d) unless the information listed in points (i), (ii) or (iii) would be misleading, contradictory or
 confusing in relation to the information that the importing Party requires with respect to the
 goods, the importing Party shall permit:
 (i) information in other languages in addition to the language required in the importing
 Party of the goods;
 (ii) internationally-accepted nomenclatures, pictograms, symbols or graphics; and
 (iii) additional information to that required in the importing Party of the goods;
 (e) it shall accept that labelling, including supplementary labelling or corrections to labelling, take
 place in customs warehouses or other designated areas in the country of import as an
 alternative to labelling in the country of origin, unless such labelling is required to be carried
 out by approved persons for reasons of public health or safety; and
 (f) unless it considers that legitimate objectives may be undermined, it shall endeavour to accept
 the use of non-permanent or detachable labels, or marking or labelling in the accompanying
 documentation, rather than requiring labels or marking to be physically attached to the
 product.
 72
 ---pagebreak--- Article TBT.9: Cooperation on market surveillance and non-food product safety and compliance
 1. The Parties recognise the importance of cooperation on market surveillance, compliance
 and the safety of non-food products for the facilitation of trade and for the protection of consumers
 and other users, and the importance of building mutual trust based on shared information.
 2. To guarantee the independent and impartial functioning of market surveillance, the Parties
 shall ensure:
 (a) the separation of market surveillance functions from conformity assessment functions; and
 (b) the absence of any interests that would affect the impartiality of market surveillance
 authorities in the performance of their control or supervision of economic operators.
 3. The Parties shall cooperate and exchange information in the area of non-food product safety
 and compliance, which may include in particular the following:
 (a) market surveillance and enforcement activities and measures;
 (b) risk assessment methods and product testing;
 (c) coordinated product recalls or other similar actions;
 (d) scientific, technical and regulatory matters in order to improve non-food product safety and
 compliance;
 (e) emerging issues of significant health and safety relevance;
 (f) standardisation-related activities;
 (g) exchanges of officials.
 4. The Partnership Council shall use its best endeavours to establish in Annex TBT-XX, as soon
 as possible and preferably within six months of entry into force of this Agreement, an arrangement
 for the regular exchange of information between the Rapid Alert System for non-food products
 (RAPEX), or its successor, and the database relating to market surveillance and product safety
 established under the General Product Safety Regulations 2005, or its successor, in relation to the
 safety of non-food products and related preventive, restrictive and corrective measures.
 The arrangement shall set out the modalities under which:
 (a) the Union is to provide the United Kingdom with selected information from its RAPEX alert
 system, or its successor, as referred to in Directive 2001/95/EC of the European Parliament and of
 the Council of 3 December 2001 on general product safety or its successor;
 (b) the United Kingdom is to provide the Union with selected information from its database relating
 to market surveillance and product safety established under the General Product Safety Regulations
 2005, or its successor; and
 (c) the Parties are to inform each other of any follow-up actions and measures taken in response to
 the information exchanged.
 73
 ---pagebreak--- 5. The Partnership Council may establish in Annex TBT-ZZ an arrangement on the regular
 exchange of information, including the exchange of information by electronic means, regarding
 measures taken on non-compliant non-food products, other than those covered by paragraph 4.
 6. Each Party shall use the information obtained pursuant to paragraphs 3, 4 and 5 for the sole
 purpose of protecting consumers, health, safety or the environment.
 7. Each Party shall treat the information obtained pursuant to paragraphs 3, 4 and 5 as
 confidential.
 8. The arrangements referred to in paragraphs 4 and 5 shall specify the type of information to
 be exchanged, the modalities for the exchange and the application of confidentiality and personal
 data protection rules. The Partnership Council shall have the power to adopt decisions in order to
 determine or amend the arrangements set out in Annexes TBT-XX and TBT-ZZ.
 9. For the purposes of this Article, ‘market surveillance’ means activities conducted and
 measures taken by market surveillance and enforcement authorities, including activities conducted
 and measures taken in cooperation with economic operators, on the basis of procedures of a Party
 to enable that Party to monitor or address safety of products and their compliance with the
 requirements set out in its laws and regulations.
 10. Each Party shall ensure that any measure taken by its market surveillance or enforcement
 authorities to withdraw or recall from its market or to prohibit or restrict the making available on its
 market of a product imported from the territory of the other Party, for reasons related to non-
 compliance with the applicable legislation, is proportionate, states the exact grounds on which the
 measure is based and is communicated without delay to the relevant economic operator.
 Article TBT.10: Technical discussions
 1. If a Party considers that a draft or proposed technical regulation or conformity assessment
 procedure of the other Party might have a significant effect on trade between the Parties, it may
 request technical discussions on the matter. The request shall be made in writing to the other Party
 and shall identify:
 (a) the measure at issue;
 (b) the provisions of this Chapter or of an Annex to this Chapter to which the concerns relate; and
 (c) the reasons for the request, including a description of the requesting Party’s concerns
 regarding the measure.
 2. A Party shall deliver its request to the contact point of the other Party designated pursuant
 to Article TBT.12 [Contact points].
 3. At the request of either Party, the Parties shall meet to discuss the concerns raised in the
 request, in person or via videoconference or teleconference, within 60 days of the date of the
 request and shall endeavour to resolve the matter as expeditiously as possible. If a requesting Party
 believes that the matter is urgent, it may request that any meeting take place within a shorter time
 frame. In such cases, the responding Party shall give positive consideration to such a request.
 74
 ---pagebreak--- Article TBT.11: Cooperation
 1. The Parties shall cooperate in the field of technical regulations, standards and conformity
 assessment procedures, where it is in their mutual interest, and without prejudice to the autonomy
 of their own respective decision-making and legal orders. The Trade Specialised Committee on
 Technical Barriers to Trade may exchange views with respect to the cooperation activities carried
 out under this Article or the Annexes to this Chapter.
 2. For the purposes of paragraph 1, the Parties shall seek to identify, develop and promote
 cooperation activities of mutual interest. These activities may in particular relate to:
 (a) the exchange of information, experience and data related to technical regulations, standards
 and conformity assessment procedures;
 (b) ensuring efficient interaction and cooperation of their respective regulatory authorities at
 international, regional or national level;
 (c) exchanging information, to the extent possible, about international agreements and
 arrangements regarding technical barriers to trade to which one or both Parties are party; and
 (d) establishment of or participation in trade facilitating initiatives.
 3. For the purposes of this Article and the provisions on cooperation under the Annexes to this
 Chapter, the European Commission shall act on behalf of the European Union.
 Article TBT.12: Contact Points
 1. Upon the entry into force of this Agreement, each Party shall designate a contact point for
 the implementation of this Chapter and shall notify the other Party of the contact details for the
 contact point, including information regarding the relevant officials. The Parties shall promptly notify
 each other of any change of those contact details.
 2. The contact point shall provide any information or explanation requested by the contact
 point of the other Party in relation to the implementation of this Chapter within a reasonable period
 of time and, if possible, within 60 days of the date of receipt of the request.
 Article TBT.13: Trade Specialised Committee on Technical Barriers to Trade
 The Trade Specialised Committee on Technical Barriers to Trade shall supervise the implementation
 and operation of this Chapter and the Annexes to it and shall promptly clarify and address, where
 possible, any issue raised by a Party relating to the development, adoption or application of
 technical regulations, standards and conformity assessment procedures under this Chapter or the
 TBT Agreement.
 Chapter 5: Customs and trade facilitation
 Article CUSTMS.1: Objective
 The objectives of this Chapter are:
 75
 ---pagebreak--- (a) to reinforce cooperation between the Parties in the area of customs and trade facilitation and to
 support or maintain, where relevant, appropriate levels of compatibility of their customs
 legislation and practices with a view to ensuring that relevant legislation and procedures, as
 well as the administrative capacity of the relevant administrations, fulfil the objectives of
 promoting trade facilitation while ensuring effective customs controls and effective
 enforcement of customs legislation and trade related laws and regulations, the proper
 protection of security and safety of citizens and the respect of prohibitions and restrictions
 and financial interests of the Parties;
 (b) to reinforce administrative cooperation between the Parties in the field of VAT and mutual
 assistance in claims related to taxes and duties;
 (c) to ensure that the legislation of each Party is non-discriminatory and that customs procedures are
 based upon the use of modern methods and effective controls to combat fraud and to
 promote legitimate trade; and
 (d) to ensure that legitimate public policy objectives, including in relation to security, safety and the
 fight against fraud are not compromised in any way.
 Article CUSTMS.1a: Definitions
 For the purposes of this Chapter and ANNEX CUSTMS-1 [Authorised Economic Operators] and the
 Protocol on mutual administrative assistance in customs matters and the Protocol on administrative
 cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the
 recovery of claims relating to taxes and duties, the following definitions apply:
 (a) “Agreement on Pre-shipment Inspection” means the Agreement on Pre-shipment
 Inspection, contained in Annex 1A to the WTO Agreement;
 (b) “ATA and Istanbul Conventions” means the Customs Convention on the ATA Carnet for the
 Temporary Admission of Goods done in Brussels on 6 December 1961 and the Istanbul Convention
 on Temporary Admission done on 26 June 1990;
 (c) “Common Transit Convention” means the Convention of 20 May 1987 on a common transit
 procedure;
 (d) “Customs Data Model of the WCO” means the library of data components and electronic
 templates for the exchange of business data and compilation of international standards on data and
 information used in applying regulatory facilitation and controls in global trade, as published by the
 WCO Data Model Project Team from time to time;
 (e) "customs legislation" means any legal or regulatory provision applicable in the territory of
 either Party, governing the entry or import of goods, exit or export of goods, the transit of goods and
 the placing of goods under any other customs regime or procedure, including measures of
 prohibition, restriction and control;
 (f) “information” means any data, document, image, report, communication or authenticated
 copy, in any format, including in electronic format, whether or not processed or analysed;
 76
 ---pagebreak--- (g) “person” means any person as defined in point (m) of Article OTH.1 [Definitions] of Title XVII
 [OTHER PROVISIONS]5;
 (h) “SAFE Framework” means the SAFE Framework of Standards to Secure and Facilitate Global
 Trade adopted at the June 2005 World Customs Organisation Session in Brussels and as updated
 from time to time; and
 (i) “WTO Trade Facilitation Agreement” means the Agreement on Trade Facilitation annexed to
 the Protocol Amending the WTO Agreement (decision of 27 November 2014).
 Article CUSTMS.2: Customs cooperation
 1. The relevant authorities of the Parties shall cooperate on customs matters to support the
 objectives set out in Article CUSTMS.1 [Objective], taking into account the resources of their
 respective authorities. For the purpose of this Title [Trade in goods], the Convention of 20 May 1987
 on the Simplification of Formalities in Trade in Goods applies.
 2. The Parties shall develop cooperation, including in the following areas:
 (a) exchanging information concerning customs legislation, the implementation of customs
 legislation and customs procedures; particularly in the following areas:
 (i) the simplification and modernisation of customs procedures;
 (ii) the facilitation of transit movements and transhipment;
 (iii) relations with the business community; and
 (iv) supply chain security and risk management;
 (b) working together on the customs-related aspects of securing and facilitating the international
 trade supply chain in accordance with the SAFE Framework;
 (c) considering developing joint initiatives relating to import, export and other customs
 procedures including technical assistance, as well as towards ensuring an effective service to
 the business community;
 (d) strengthening their cooperation in the field of customs in international organisations such as
 the WTO and the WCO, and exchanging information or holding discussions with a view to
 establishing where possible common positions in those international organisations and in
 UNCTAD, UNECE;
 (e) endeavouring to harmonise their data requirements for import, export and other customs
 procedures by implementing common standards and data elements in accordance with the
 Customs Data Model of the WCO;
 5
 For greater certainty, it is understood that, in particular for the purposes of this Chapter, the notion of
 “person” includes any association of persons lacking the legal status of a legal person but recognized under
 applicable law as having the capacity to perform legal acts.
 77
 ---pagebreak--- (f) strengthening their cooperation on risk management techniques, including sharing best
 practices, and, where appropriate, risk information and control results. Where relevant and
 appropriate, the Parties may also consider mutual recognition of risk management
 techniques, risk standards and controls and customs security measures; the Parties may also
 consider, where relevant and appropriate, the development of compatible risk criteria and
 standards, control measures and priority control areas;
 (g) establishing mutual recognition of Authorised Economic Operator programmes to secure and
 facilitate trade;
 (h) fostering cooperation between customs and other government authorities or agencies in
 relation to Authorised Economic Operator programmes, which may be achieved, inter alia, by
 agreeing on the highest standards, facilitating access to benefits and minimising unnecessary
 duplication;
 (i) enforcing intellectual property rights by customs authorities, including exchanging information
 and best practices in customs operations focusing in particular on intellectual property rights
 enforcement;
 (j) maintaining compatible customs procedures, where appropriate and practicable to do so,
 including the application of a single administrative document for customs declaration; and
 (k) exchanging, where relevant and appropriate and under arrangements to be agreed, certain
 categories of customs-related information between the customs authorities of the Parties
 through structured and recurrent communication, for the purposes of improving risk
 management and the effectiveness of customs controls, targeting goods at risk in terms of
 revenue collection or safety and security, and facilitating legitimate trade; such exchanges
 may include export and import declaration data on trade between the Parties, with the
 possibility of exploring, through pilot initiatives, the development of interoperable
 mechanisms to avoid duplication in the submission of such information. Exchanges under this
 point shall be without prejudice to exchanges of information that may take place between the
 Parties pursuant to the Protocol on mutual administrative assistance in customs matters.
 3. Without prejudice to other forms of cooperation envisaged in this Agreement, the customs
 authorities of the Parties shall provide each other with mutual administrative assistance in the
 matters covered by this Chapter in accordance with the Protocol on mutual administrative
 assistance in customs matters.
 4. Any exchange of information between the Parties under this Chapter shall be subject to the
 confidentiality and protection of information set out in Article 12 of the Protocol on mutual
 administrative assistance in customs matters [Information exchange and confidentiality], mutatis
 mutandis, as well as to any confidentiality requirements set out in the legislation of the Parties.
 Article CUSTMS.3: Customs and other trade related legislation and procedures
 1. Each Party shall ensure that its customs provisions and procedures:
 (a) are consistent with international instruments and standards applicable in the area of customs
 and trade, including the WTO Trade Facilitation Agreement, the substantive elements of the
 Revised Kyoto Convention on the Simplification and Harmonisation of Customs Procedures,
 the International Convention on the Harmonised Commodity Description and Coding System,
 as well as the SAFE Framework and the Customs Data Model of the WCO;
 78
 ---pagebreak--- (b) provide the protection and facilitation of legitimate trade taking into account the evolution of
 trade practices through effective enforcement including in case of breaches of its laws and
 regulations, duty evasion and smuggling and through ensuring compliance with legislative
 requirements;
 (c) are based on legislation that is proportionate and non-discriminatory, avoids unnecessary
 burdens on economic operators, provides for further facilitation for operators with high levels
 of compliance including favourable treatment with respect to customs controls prior to the
 release of goods, and ensures safeguards against fraud and illicit or damageable activities
 while ensuring a high level of protection of security and safety of citizens and the respect of
 prohibitions and restrictions and financial interests of the parties; and
 (d) contain rules that ensure that any penalty imposed for breaches of customs regulations or
 procedural requirements is proportionate and non-discriminatory and that the imposition of
 such penalties does not result in unjustified delays.
 Each Party should periodically review its legislation and customs procedures. Customs procedures
 should also be applied in a manner that is predictable, consistent and transparent.
 2. In order to improve working methods and to ensure non-discrimination, transparency,
 efficiency, integrity and the accountability of operations, each Party shall:
 (a) simplify and review requirements and formalities wherever possible with a view to ensuring
 the rapid release and clearance of goods;
 (b) work towards the further simplification and standardisation of the data and documentation
 required by customs and other agencies; and
 (c) promote coordination between all border agencies, both internally and across borders, to
 facilitate border-crossing processes and enhance control, taking into account joint border
 controls where feasible and appropriate.
 Article CUSTMS.4: Release of goods
 1. Each Party shall adopt or maintain customs procedures that:
 (a) provide for the prompt release of goods within a period that is no longer than necessary to
 ensure compliance with its laws and regulations;
 (b) provide for advance electronic submission and processing of documentation and any other
 required information prior to the arrival of the goods, to enable the release of goods promptly
 upon arrival if no risk has been identified through risk analysis or if no random checks or other
 checks are to be performed;
 (c) provide for the possibility, where appropriate and if the necessary conditions are satisfied, of
 releasing goods for free circulation at the first point of arrival; and
 (d) allow for the release of goods prior to the final determination of customs duties, taxes, fees
 and charges, if such a determination is not done prior to, or upon arrival, or as rapidly as
 possible after arrival and provided that all other regulatory requirements have been met.
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 ---pagebreak--- 2. As a condition for such release, each Party may require a guarantee for any amount not yet
 determined in the form of a surety, a deposit or another appropriate instrument provided for in its
 laws and regulations. Such guarantee shall not be greater than the amount the Party requires to
 ensure payment of customs duties, taxes, fees and charges ultimately due for the goods covered by
 the guarantee. The guarantee shall be discharged when it is no longer required.
 3. The Parties shall ensure that the customs and other authorities responsible for border
 controls and procedures dealing with importation, exportation and transit of goods cooperate with
 one another and coordinate their activities in order to facilitate trade and expedite the release of
 goods.
 Article CUSTMS.5: Simplified customs procedures
 1. Each Party shall work towards simplification of its requirements and formalities for customs
 procedures in order to reduce the time and costs thereof for traders or operators, including small
 and medium-sized enterprises.
 2. Each Party shall adopt or maintain measures allowing traders or operators fulfilling criteria
 specified in its laws and regulations to benefit from further simplification of customs procedures.
 Such measures may include inter alia:
 (a) customs declarations containing a reduced set of data or supporting documents;
 (b) periodical customs declarations for the determination and payment of customs duties and taxes
 covering multiple imports within a given period after the release of those imported goods;
 (c) self-assessment of and the deferred payment of customs duties and taxes until after the release
 of those imported goods; and
 (d) the use of a guarantee with a reduced amount or a waiver from the obligation to provide a
 guarantee.
 3. Where a Party chooses to adopt one of these measures, it will offer, where considered
 appropriate and practicable by that Party and in accordance with its laws and regulations, these
 simplifications to all traders who meet the relevant criteria.
 Article CUSTMS.6: Transit and transhipment
 1. For the purposes of Article GOODS.4a [Freedom of Transit], the Common Transit Convention
 shall apply.
 2. Each Party shall ensure the facilitation and effective control of transhipment operations and
 transit movements through their respective territories.
 3. Each Party shall promote and implement regional transit arrangements with a view to
 facilitating trade in compliance with the Common Transit Convention.
 4. Each Party shall ensure cooperation and coordination between all concerned authorities and
 agencies in their respective territories in order to facilitate traffic in transit.
 80
 ---pagebreak--- 5. Each Party shall allow goods intended for import to be moved within its territory under
 customs control from a customs office of entry to another customs office in its territory from where
 the goods would be released or cleared.
 Article CUSTMS.7: Risk management
 1. Each Party shall adopt or maintain a risk management system for customs controls with a
 view to reducing the likelihood and the impact of an event which would prevent the correct
 application of customs legislation, compromise the financial interest of the Parties or pose a threat
 to the security and safety of the Parties and their residents, to human, animal or plant health, to the
 environment or to consumers.
 2. Customs controls, other than random checks, shall primarily be based on risk analysis using
 electronic data-processing techniques.
 3. Each Party shall design and apply risk management in such a manner as to avoid arbitrary or
 unjustifiable discrimination, or disguised restrictions to international trade.
 4. Each Party shall concentrate customs controls and other relevant border controls on high-
 risk consignments and shall expedite the release of low-risk consignments. Each Party may also
 select consignments for such controls on a random basis as part of its risk management.
 5. Each Party shall base risk management on the assessment of risk through appropriate
 selectivity criteria.
 Article CUSTMS.8: Post-clearance audit
 1. With a view to expediting the release of goods, each Party shall adopt or maintain post-
 clearance audit to ensure compliance with customs and other related laws and regulations.
 2. Each Party shall select persons and consignments for post-clearance audits in a risk-based
 manner, which may include using appropriate selectivity criteria. Each Party shall conduct post-
 clearance audits in a transparent manner. Where a person is involved in the audit process and
 conclusive results have been achieved, the Party shall notify the person whose record is audited of
 the results, the person’s rights and obligations and the reasons for the results, without delay.
 3. The information obtained in post-clearance audits may be used in further administrative or
 judicial proceedings.
 4. The Parties shall, wherever practicable, use the results of post-clearance audit for risk
 management purposes.
 Article CUSTMS.9: Authorised Economic Operators
 1. Each Party shall maintain a partnership programme for operators who meet the specified
 criteria in Annex CUSTMS-1 [Authorised Economic Operators].
 2. The Parties shall recognise their respective programmes for Authorised Economic Operators
 in accordance with Annex CUSTMS-1 [Authorised Economic Operators].
 81
 ---pagebreak--- Article CUSTMS.10: Publication and availability of information
 1. Each Party shall ensure that its customs legislation and other trade-related laws and
 regulations, as well as its general administrative procedures and relevant information of general
 application that relate to trade, are published and readily available to any interested person in an
 easily accessible manner, including, as appropriate, through the Internet.
 2. Each Party shall promptly publish new legislation and general procedures related to customs
 and trade facilitation issues as early as possible prior to the entry into force of any such legislation or
 procedures, and shall promptly publish any changes to and interpretations of such legislation and
 procedures. Such publication shall include:
 (a) relevant notices of administrative nature;
 (b) importation, exportation and transit procedures (including port, airport, and other entry-point
 procedures) and required forms and documents;
 (c) applied rates of duty and taxes of any kind imposed on or in connection with importation or
 exportation;
 (d) fees and charges imposed by or for governmental agencies on or in connection with
 importation, exportation or transit;
 (e) rules for the classification or valuation of products for customs purposes;
 (f) laws, regulations and administrative rulings of general application relating to rules of origin;
 (g) import, export or transit restrictions or prohibitions;
 (h) penalty provisions against breaches of import, export or transit formalities;
 (i) appeal procedures;
 (j) agreements or parts thereof with any country or countries relating to importation,
 exportation or transit;
 (k) procedures relating to the administration of tariff quotas;
 (l) hours of operation and operating procedures for customs offices at ports and border crossing
 points; and
 (m) points of contact for information enquiries.
 3. Each Party shall ensure there is a reasonable time period between the publication of new or
 amended legislation, procedures and fees or charges and their entry into force.
 4. Each Party shall make the following available through the internet:
 (a) a description of its importation, exportation and transit procedures, including appeal
 procedures, informing of the practical steps needed to import and export, and for transit;
 (b) the forms and documents required for importation into, exportation from, or transit through
 the territory of that Party; and
 82
 ---pagebreak--- (c) contact information regarding enquiry points.
 Each party shall ensure that the descriptions, forms, documents and information referred to in
 points (a), (b) and (c) of the first subparagraph are kept up to date.
 5. Each Party shall establish or maintain one or more enquiry points to answer enquiries of
 governments, traders and other interested parties regarding customs and other trade-related
 matters within a reasonable time. The Parties shall not require the payment of a fee for answering
 enquiries.
 Article CUSTMS.11: Advance rulings
 1. Each Party, through its customs authorities, shall issue advance rulings upon application by
 economic operators setting forth the treatment to be accorded to the goods concerned. Such rulings
 shall be issued in writing or in electronic format in a time bound manner and shall contain all
 necessary information in accordance with the legislation of the issuing Party.
 2. Advance rulings shall be valid for a period of at least three years from the starting date of
 their validity unless the ruling no longer conforms to the law or the facts or circumstances
 supporting the original ruling have changed.
 3. A Party may refuse to issue an advance ruling if the question raised in the application is the
 subject of an administrative or judicial review, or if the application does not relate to any intended
 use of the advance ruling or any intended use of a customs procedure. If a Party declines to issue an
 advance ruling, it shall promptly notify the applicant in writing, setting out the relevant facts and the
 basis for its decision.
 4. Each Party shall publish, at least:
 (a) the requirements for applying for an advance ruling, including the information to be provided
 and the format;
 (b) the time period by which it will issue an advance ruling; and
 (c) the length of time for which the advance ruling is valid.
 5. If a Party revokes, modifies, invalidates or annuls an advance ruling, it shall provide written
 notice to the applicant setting out the relevant facts and the basis for its decision. A Party shall only
 revoke, modify, invalidate or annul an advance ruling with retroactive effect if the ruling was based
 on incomplete, incorrect, false or misleading information.
 6. An advance ruling issued by a Party shall be binding on that Party in respect of the applicant
 that sought it. The Party may provide that the advance ruling is binding on the applicant.
 7. Each Party shall provide, at the written request of the holder, a review of an advance ruling or of a
 decision to revoke, modify or invalidate an advance ruling.
 8. Each Party shall make publicly available information on advance rulings, taking into account the
 need to protect personal and commercially confidential information.
 9. Advance rulings shall be issued with regard to:
 83
 ---pagebreak--- (a) the tariff classification of goods;
 (b) the origin of goods; and
 (c) any other matter the Parties may agree upon.
 Article CUSTMS.12: Customs brokers
 The customs provisions and procedures of a Party shall not require the mandatory use of customs
 brokers or other agents. Each Party shall publish its measures on the use of customs brokers. Each
 Party shall apply transparent, non-discriminatory and proportionate rules if and when licensing
 customs brokers.
 Article CUSTMS.13: Pre-shipment inspections
 A Party shall not require the mandatory use of pre-shipment inspections as defined in the WTO
 Agreement on Pre-shipment Inspection, or any other inspection activity performed at destination, by
 private companies, before customs clearance.
 Article CUSTMS.14: Review and appeal
 1. Each Party shall provide effective, prompt, non-discriminatory and easily accessible
 procedures that guarantee the right of appeal against administrative actions, rulings and decisions of
 customs or other competent authorities that affect the import or export of goods or goods in transit.
 2. The procedures referred to in paragraph 1 shall include:
 (a) an administrative appeal to or review by an administrative authority higher than or
 independent of the official or office that issued the decision; and
 (b) a judicial appeal or review of the decision.
 3. Each Party shall ensure that, in cases where the decision on appeal or review under point (a)
 of paragraph 2 is not given within the time period provided for in its laws and regulations or is not
 given without undue delay, the petitioner has the right to further administrative or judicial appeal or
 review or any other recourse to judicial authority in accordance with that Party’s laws and
 regulations.
 4. Each Party shall ensure that the petitioner is provided with the reasons for the
 administrative decision so as to enable the petitioner to have recourse to appeal or review
 procedures where necessary.
 Article CUSTMS.15: Relations with the business community
 1. Each Party shall hold timely and regular consultations with trade representatives on
 legislative proposals and general procedures related to customs and trade facilitation issues. To that
 end, appropriate consultation between administrations and the business community shall be
 maintained by each Party.
 2. Each Party shall ensure that its customs and related requirements and procedures continue
 to meet the needs of the trading community, follow best practices, and restrict trade as little as
 possible.
 84
 ---pagebreak--- Article CUSTMS.16: Temporary admission
 1. For the purposes of this Article, ‘temporary admission’ means the customs procedure under
 which certain goods, including means of transport, can be brought into a customs territory with
 conditional relief from the payment of import duties and taxes and without the application of import
 prohibitions or restrictions of an economic character, on the condition that the goods are imported
 for a specific purpose and are intended for re-exportation within a specified period without having
 undergone any change except normal depreciation due to the use made of those goods.
 2. Each Party shall grant temporary admission, with total conditional relief from import duties
 and taxes and without application of import restrictions or prohibitions of economic character, as
 provided for in its laws and regulations, to the following types of goods:
 (a) goods for display or use at exhibitions, fairs, meetings or similar events (goods intended for
 display or demonstration at an event; goods intended for use in connection with the display of
 foreign products at an event; equipment including interpretation equipment, sound and
 image recording apparatus and films of an educational, scientific or cultural character
 intended for use at international meetings, conferences or congresses); products obtained
 incidentally during the event from temporarily imported goods, as a result of the
 demonstration of displayed machinery or apparatus;
 (b) professional equipment (equipment for the press, for sound or television broadcasting which
 is necessary for representatives of the press, of broadcasting or television organisations
 visiting the territory of another country for purposes of reporting, in order to transmit or
 record material for specified programmes; cinematographic equipment necessary for a person
 visiting the territory of another country in order to make a specified film or films; any other
 equipment necessary for the exercise of the calling, trade or profession of a person visiting the
 territory of another country to perform a specified task, insofar as it is not to be used for the
 industrial manufacture or packaging of goods or (except in the case of hand tools) for the
 exploitation of natural resources, for the construction, repair or maintenance of buildings or
 for earth moving and like projects; ancillary apparatus for the equipment mentioned above,
 and accessories therefor); component parts imported for repair of professional equipment
 temporarily admitted;
 (c) goods imported in connection with a commercial operation but whose importation does not
 in itself constitute a commercial operation (packings which are imported filled for re-
 exportation empty or filled, or are imported empty for re-exportation filled; containers,
 whether or not filled with goods, and accessories and equipment for temporarily admitted
 containers, which are either imported with a container to be re-exported separately or with
 another container, or are imported separately to be re-exported with a container and
 component parts intended for the repair of containers granted temporary admission; pallets;
 samples; advertising films; other goods imported in connection with a commercial operation);
 (d) goods imported in connection with a manufacturing operation (matrices, blocks, plates,
 moulds, drawings, plans, models and other similar articles; measuring, controlling and
 checking instruments and other similar articles; special tools and instruments, imported for
 use during a manufacturing process); replacement means of production (instruments,
 apparatus and machines made available to a customer by a supplier or repairer, pending the
 delivery or repair of similar goods);
 85
 ---pagebreak--- (e) goods imported exclusively for educational, scientific or cultural purposes (scientific
 equipment, pedagogic material, welfare material for seafarers, and any other goods imported
 in connection with educational, scientific or cultural activities); spare parts for scientific
 equipment and pedagogic material which has been granted temporary admission; tools
 specially designed for the maintenance, checking, gauging or repair of such equipment;
 (f) personal effects (all articles, new or used, which a traveller may reasonably require for his or
 her personal use during the journey, taking into account all the circumstances of the journey,
 but excluding any goods imported for commercial purposes); goods imported for sports
 purposes (sports requisites and other articles for use by travellers in sports contests or
 demonstrations or for training in the territory of temporary admission);
 (g) tourist publicity material (goods imported for the purpose of encouraging the public to visit
 another foreign country, in particular in order to attend cultural, religious, touristic, sporting
 or professional meetings or demonstrations held there);
 (h) goods imported for humanitarian purposes (medical, surgical and laboratory equipment and
 relief consignments, such as vehicles and other means of transport, blankets, tents,
 prefabricated houses or other goods of prime necessity, forwarded as aid to those affected by
 natural disaster and similar catastrophes); and
 (i) animals imported for specific purposes (dressage, training, breeding, shoeing or weighing,
 veterinary treatment, testing (for example, with a view to purchase), participation in shows,
 exhibitions, contests, competitions or demonstrations, entertainment (circus animals, etc.),
 touring (including pet animals of travellers), exercise of function (police dogs or horses;
 detector dogs, dogs for the blind, etc.), rescue operations, transhumance or grazing,
 performance of work or transport, medical purposes (delivery of snake poison, etc.).
 3. Each Party shall, for the temporary admission of the goods referred to in paragraph 2 and
 regardless of their origin, accept a carnet as prescribed for the purposes of the ATA and Istanbul
 Conventions issued in the other Party, endorsed there and guaranteed by an association forming
 part of the international guarantee chain, certified by the competent authorities and valid in the
 customs territory of the importing Party.
 Article CUSTMS 17. Single window
 Each Party shall endeavour to establish a single window that enables traders to submit
 documentation or data required for importation, exportation, or transit of goods through a single
 entry point to the participating authorities or agencies.
 Article CUSTMS 18. Facilitation of roll-on, roll-off traffic
 1. In recognition of the high volume of sea-crossings and, in particular, the high volume of roll
 on, roll off traffic between their respective customs territories, the Parties agree to cooperate in
 order to facilitate such traffic as well as other alternative modes of traffic.
 2. The Parties acknowledge:
 (a) the right of each Party to adopt trade facilitating customs formalities and procedures for
 traffic between the Parties within their respective legal frameworks; and
 86
 ---pagebreak--- (b) the right of ports, port authorities and operators to act, within the legal orders of their
 respective Parties, in accordance with their rules and their operating and business models.
 3. To this effect the Parties:
 (a) shall adopt or maintain procedures allowing for the submission of import documentation and
 other required information, including manifests, in order to begin processing prior to the
 arrival of goods with a view to expediting the release of goods upon arrival; and
 (b) undertake to facilitate the use by operators of the transit procedure, including simplifications
 of the transit procedure as provided for under the Common Transit Convention.
 4. The Parties agree to encourage cooperation between their respective customs authorities
 on bilateral sea-crossing routes, and to exchange information on the functioning of ports handling
 traffic between them and on the applicable rules and procedures. They will make public, and
 promote knowledge by operators of, information on the measures they have in place and the
 processes established by ports to facilitate such traffic.
 Article CUSTMS.19: Administrative cooperation in VAT and mutual assistance for recovery of taxes
 and duties
 The competent authorities of the Parties shall cooperate with each other to ensure compliance with
 VAT legislation and in recovering claims relating to taxes and duties in accordance with the Protocol
 on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual
 assistance for the recovery of claims relating to taxes and duties.
 Article CUSTMS. 20: Trade Specialised Committee on Customs Cooperation and Rules of Origin
 1. The Trade Specialised Committee on Customs Cooperation and Rules of Origin shall:
 (a) hold regular consultations; and
 (b) in relation to the review of the provisions of the Annex CUSTMS-1 [Authorised Economic
 Operators]:
 (i) jointly validate programme members to identify strengths and weaknesses in
 implementing Annex CUSTMS-1 [Authorised Economic Operators]; and
 (ii) exchange views on data to be shared and treatment of operators.
 2. The Trade Specialised Committee on Customs Cooperation and Rules of Origin may adopt
 decisions or recommendations:
 (a) on the exchange of customs-related information, on mutual recognition of risk management
 techniques, risk standards and controls, customs security measures, on advanced rulings, on
 common approaches to customs valuation and on other issues related to the implementation
 of this Chapter;
 (b) on the arrangements relating to the automatic exchange of information as referred to in
 Article 10 [Automatic exchange of information] of the Protocol on mutual administrative
 assistance in customs matters, and on other issues relating to the implementation of that
 Protocol;
 87
 ---pagebreak--- (c) on any issues relating to the implementation of the Annex CUSTMS-1 [Authorised Economic
 Operators]; and
 (d) on the procedures for the consultation established in Article ORIG.26 [Denial of preferential
 tariff treatment] on any technical or administrative matters relating to the implementation of
 Chapter 2 [Rules of Origin] of this Title, including on interpretative notes aimed at ensuring the
 uniform administration of the rules of origin.
 Article CUSTMS.21: Amendments
 1. The Partnership Council may amend:
 (a) Annex CUSTMS-1 [Authorised Economic Operators], the Protocol on mutual administrative
 assistance in customs matters and the list of goods set out in paragraph 2 of CUSTMS.16
 [Temporary admission]; and
 (b) the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax
 and on mutual assistance for the recovery of claims relating to taxes and duties.
 2. The Trade Specialised Committee on Administrative Cooperation in VAT and recovery of
 taxes and duties may amend the value referred to in Article 33(4) of the Protocol on administrative
 cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the
 recovery of claims relating to taxes and duties.
 TITLE II: SERVICES AND INVESTMENT
 Chapter 1: General provisions
 Article SERVIN.1.1: Objective and scope
 1. The Parties affirm their commitment to establish a favourable climate for the development
 of trade and investment between them.
 2. The Parties reaffirm the right to regulate within their territories to achieve legitimate policy
 objectives, such as: the protection of public health; social services; public education; safety; the
 environment, including climate change; public morals; social or consumer protection; privacy and
 data protection or the promotion and protection of cultural diversity.
 3. This Title does not apply to measures affecting natural persons of a Party seeking access to
 the employment market of the other Party or to measures regarding nationality, citizenship,
 residence or employment on a permanent basis.
 4. This Title shall not prevent a Party from applying measures to regulate the entry of natural
 persons into, or their temporary stay in, its territory, including those measures necessary to protect
 the integrity of its borders and to ensure the orderly movement of natural persons across them,
 provided that such measures are not applied in such a manner as to nullify or impair the benefits
 accruing to the other Party under the terms of this Title. The sole fact of requiring a visa for natural
 persons of certain countries and not for those of others shall not be regarded as nullifying or
 impairing benefits under this Title.
 5. This Title does not apply to:
 88
 ---pagebreak--- (a) air services or related services in support of air services6, other than:
 (i) aircraft repair and maintenance services;
 (ii) computer reservation system services;
 (iii) ground handling services;
 (iv) the following services provided using a manned aircraft, subject to compliance with
 the Parties respective laws and regulations governing the admission of aircrafts to,
 departure from and operation within, their territory: aerial fire-fighting; flight training;
 spraying; surveying; mapping; photography; and other airborne agricultural, industrial
 and inspection services; and
 (v) the selling and marketing of air transport services;
 (b) audio-visual services;
 (c) national maritime cabotage7; and
 (d) inland waterways transport.
 6. This Title does not apply to any measure of a Party with respect to public procurement of a
 good or service purchased for governmental purposes, and not with a view to commercial resale or
 with a view to use in the supply of a good or service for commercial sale, whether or not that
 procurement is ‘covered procurement’ within the meaning of Article PPROC.2 [Incorporation of
 certain provisions of the GPA and covered procurement].
 7. Except for Article SERVIN.2.6 [Performance requirements], this Title does not apply to
 subsidies or grants provided by the Parties, including government-supported loans, guarantees and
 insurance.
 6
 Air services or related services in support of air services include, but are not limited to, the following
 services: air transportation; services provided by using an aircraft whose primary purpose is not the
 transportation of goods or passengers, such as aerial fire-fighting, flight training, sightseeing, spraying,
 surveying, mapping, photography, parachute jumping, glider towing, helicopter-lift for logging and
 construction, and other airborne agricultural, industrial and inspection services; the rental of aircraft
 with crew; and airport operation services.
 7
 National maritime cabotage covers: for the Union, without prejudice to the scope of activities which
 may be considered as cabotage under the relevant national legislation, transportation of passengers or
 goods between a port or point located in a Member State and another port or point located in that
 same Member State, including on its continental shelf, as provided for in the United Nations
 Convention on the Law of the Sea, done in Montego Bay, Jamaica, on 10 December 1982, and traffic
 originating and terminating in the same port or point located in a Member State; for the United
 Kingdom, transportation of passengers or goods between a port or point located in the United Kingdom
 and another port or point located in the United Kingdom, including on its continental shelf, as provided
 for in the United Nations Convention on the Law of the Sea, done in Montego Bay, Jamaica, on 10
 December 1982, and traffic originating and terminating in the same port or point located in the United
 Kingdom.
 89
 ---pagebreak--- Article SERVIN.1.2: Definitions
 For the purposes of this Title:
 (a) "activities performed in the exercise of governmental authority" means activities which are
 performed, including services which are supplied, neither on a commercial basis nor in
 competition with one or more economic operators8;
 (b) "aircraft repair and maintenance services" means such activities when undertaken on an
 aircraft or a part thereof while it is withdrawn from service and does not include so-called line
 maintenance;
 (c) "computer reservation system services" means services provided by computerised systems
 that contain information about air carriers' schedules, availability, fares and fare rules,
 through which reservations can be made or tickets may be issued;
 (d) "covered enterprise" means an enterprise in the territory of a Party established in accordance
 with point (h) by an investor of the other Party, in accordance with the applicable law, existing
 on the date of entry into force of this Agreement or established thereafter;
 (e) "cross-border trade in services" means the supply of a service:
 (i) from the territory of a Party into the territory of the other Party; or
 (ii) in the territory of a Party to the service consumer of the other Party;
 (f) "economic activity" means any activity of an industrial, commercial or professional character
 or activities of craftsmen, including the supply of services, except for activities performed in
 the exercise of governmental authority;
 (g) "enterprise" means a legal person or a branch or a representative office of a legal person;
 (h) "establishment" means the setting up or the acquisition of a legal person, including through
 capital participation, or the creation of a branch or representative office in the territory of a
 Party, with a view to creating or maintaining lasting economic links;
 (i) "ground handling services" means the supply at an airport, on a fee or contract basis, of the
 following services: airline representation, administration and supervision; passenger handling;
 baggage handling; ramp services; catering; air cargo and mail handling; fuelling of an aircraft;
 aircraft servicing and cleaning; surface transport; and flight operations, crew administration
 and flight planning; ground handling services do not include: self-handling; security; aircraft
 repair and maintenance; or management or operation of essential centralised airport
 infrastructure, such as de-icing facilities, fuel distribution systems, baggage handling systems
 and fixed intra airport transport systems;
 (j) "investor of a Party" means a natural or legal person of a Party that seeks to establish, is
 establishing or has established an enterprise in accordance with point (h) in the territory of
 the other Party;
 8
 For greater certainty, the term "activities performed in the exercise of governmental authority" when
 used in relation to measures of a Party affecting the supply of services, includes "services supplied in
 the exercise of governmental authority" as defined in point (p) of Article SERVIN.1.2 [Definitions].
 90
 ---pagebreak--- (k) "legal person of a Party"9 means:
 (i) for the Union:
 (A) a legal person constituted or organised under the law of the Union or at
 least one of its Member States and engaged, in the territory of the Union, in
 substantive business operations, understood by the Union, in line with its
 notification of the Treaty establishing the European Community to the WTO
 (WT/REG39/1), as equivalent to the concept of "effective and continuous
 link" with the economy of a Member State enshrined in Article 54 of the
 Treaty on the Functioning of the European Union (TFEU); and
 (B) shipping companies established outside the Union, and controlled by natural
 persons of a Member State, whose vessels are registered in, and fly the flag
 of, a Member State;
 (ii) for the United Kingdom:
 (A) a legal person constituted or organised under the law of the United Kingdom
 and engaged in substantive business operations in the territory of the United
 Kingdom; and
 (B) shipping companies established outside the United Kingdom and controlled
 by natural persons of the United Kingdom, whose vessels are registered in,
 and fly the flag of, the United Kingdom;
 (l) "operation" means the conduct, management, maintenance, use, enjoyment, or sale or other
 form of disposal of an enterprise;
 (m) "professional qualifications" means qualifications attested by evidence of formal qualification,
 professional experience, or other attestation of competence;
 (n) "selling and marketing of air transport services" means opportunities for the air carrier
 concerned to sell and market freely its air transport services including all aspects of marketing
 such as market research, advertising and distribution, but not including the pricing of air
 transport services nor the applicable conditions;
 (o) "service" means any service in any sector except services supplied in the exercise of
 governmental authority;
 (p) "services supplied in the exercise of governmental authority" means any service which is
 supplied neither on a commercial basis, nor in competition with one or more service suppliers;
 (q) "service supplier" means any natural or legal person that seeks to supply or supplies a service;
 9
 For greater certainty, the shipping companies referred to in this point are only considered as legal
 persons of a Party with respect to their activities relating to the supply of maritime transport services.
 91
 ---pagebreak--- (r) "service supplier of a Party" means a natural or legal person of a Party that seeks to supply or
 supplies a service.
 Article SERVIN.1.3: Denial of benefits
 1. A Party may deny the benefits of this Title and Title IV [Capital movements, payments,
 transfers and temporary safeguard measures] of this Heading to an investor or service supplier of
 the other Party, or to a covered enterprise, if the denying Party adopts or maintains measures
 related to the maintenance of international peace and security, including the protection of human
 rights, which:
 (a) prohibit transactions with that investor, service supplier or covered enterprise; or
 (b) would be violated or circumvented if the benefits of this Title and Title IV [Capital
 movements, payments, transfers and temporary safeguard measures] of this Heading were accorded
 to that investor, service supplier or covered enterprise, including where the measures prohibit
 transactions with a natural or legal person which owns or controls any of them.
 2. For greater certainty, paragraph 1 is applicable to Title IV [Capital movements, payments,
 transfers and temporary safeguard measures] of this Heading to the extent that it relates to services
 or investment with respect to which a Party has denied the benefits of this Title.
 Article SERVIN.1.4: Review
 1. With a view to introducing possible improvements to the provisions of this Title, and
 consistent with their commitments under international agreements, the Parties shall review their
 legal framework relating to trade in services and investment, including this Agreement, in
 accordance with Article FINPROV.3 [Review].
 2. The Parties shall endeavour, where appropriate, to review the non-conforming measures
 and reservations set out in Annex SERVIN-1 [Existing measures], Annex SERVIN-2 [Future measures],
 Annex SERVIN-3 [Business visitors for establishment purposes, intra-corporate transferees and
 short-term business visitors] and Annex SERVIN-4 [Contractual service suppliers and independent
 professionals] and the activities for short term business visitors set out in Annex SERVIN-3 [Business
 visitors for establishment purposes, intra-corporate transferees and short-term business visitors],
 with a view to agreeing to possible improvements in their mutual interest.
 3. This Article shall not apply with respect to financial services.
 Chapter 2: Investment liberalisation
 Article SERVIN.2.1: Scope
 This Chapter applies to measures of a Party affecting the establishment of an enterprise to perform
 economic activities and the operation of such an enterprise by:
 (a) investors of the other Party;
 (b) covered enterprises; and
 (c) for the purposes of Article SERVIN.2.6 [Performance requirements], any enterprise in the
 territory of the Party which adopts or maintains the measure.
 92
 ---pagebreak--- Article SERVIN.2.2: Market access
 A Party shall not adopt or maintain, with regard to establishment of an enterprise by an investor of
 the other Party or by a covered enterprise, or operation of a covered enterprise, either on the basis
 of its entire territory or on the basis of a territorial sub-division, measures that:
 (a) impose limitations on:
 (i) the number of enterprises that may carry out a specific economic activity, whether in
 the form of numerical quotas, monopolies, exclusive rights or the requirement of an
 economic needs test;
 (ii) the total value of transactions or assets in the form of numerical quotas or the
 requirement of an economic needs test;
 (iii) the total number of operations or on the total quantity of output expressed in terms
 of designated numerical units in the form of quotas or the requirement of an
 economic needs test;10 11
 (iv) the participation of foreign capital in terms of maximum percentage limit on foreign
 shareholding or the total value of individual or aggregate foreign investment; or
 (v) the total number of natural persons that may be employed in a particular sector or
 that an enterprise may employ and who are necessary for, and directly related to, the
 performance of an economic activity, in the form of numerical quotas or the
 requirement of an economic needs test; or
 (b) restrict or require specific types of legal entity or joint venture through which an investor of
 the other Party may perform an economic activity.
 Article SERVIN.2.3: National treatment
 1. Each Party shall accord to investors of the other Party and to covered enterprises treatment
 no less favourable than that it accords, in like situations, to its own investors and to their
 enterprises, with respect to their establishment and operation in its territory.
 2. The treatment accorded by a Party under paragraph 1 means:
 (a) with respect to a regional or local level of government of the United Kingdom, treatment no
 less favourable than the most favourable treatment accorded, in like situations, by that level
 of government to investors of the United Kingdom and to their enterprises in its territory; and
 (b) with respect to a government of, or in, a Member State, treatment no less favourable than the
 most favourable treatment accorded, in like situations, by that government to investors of
 that Member State and to their enterprises in its territory.
 10
 Points (a) (i) to (iii) of Article SERVIN.2.2 [Market access] do not cover measures taken in order to limit
 the production of an agricultural or fishery product.
 11
 Point (a)(iii) of Article SERVIN.2.2 [Market access] does not cover measures by a Party which limit inputs
 for the supply of services.
 93
 ---pagebreak--- Article SERVIN.2.4: Most favoured nation treatment
 1. Each Party shall accord to investors of the other Party and to covered enterprises treatment
 no less favourable than that it accords, in like situations, to investors of a third country and to their
 enterprises, with respect to establishment in its territory.
 2. Each Party shall accord to investors of the other Party and to covered enterprises treatment
 no less favourable than that it accords, in like situations, to investors of a third country and to their
 enterprises, with respect to operation in its territory.
 3. Paragraphs 1 and 2 shall not be construed as obliging a Party to extend to investors of the
 other Party or to covered enterprises the benefit of any treatment resulting from:
 (a) an international agreement for the avoidance of double taxation or other international
 agreement or arrangement relating wholly or mainly to taxation; or
 (b) measures providing for recognition, including the recognition of the standards or criteria for
 the authorisation, licencing, or certification of a natural person or enterprise to carry out an
 economic activity, or the recognition of prudential measures as referred to in paragraph 3 of
 the GATS Annex on Financial Services.
 4. For greater certainty, the “treatment” referred to in paragraphs 1 and 2 does not include
 investor-to-state dispute settlement procedures provided for in other international agreements.
 5. For greater certainty, the existence of substantive provisions in other international
 agreements concluded by a Party with a third country, or the mere formal transposition of those
 provisions into domestic law to the extent that it is necessary in order to incorporate them into the
 domestic legal order, do not in themselves constitute the “treatment” referred to in paragraphs 1
 and 2. Measures of a Party pursuant to those provisions may constitute such treatment and thus
 give rise to a breach of this Article.
 Article SERVIN.2.5: Senior management and boards of directors
 A Party shall not require a covered enterprise to appoint individuals of any particular nationality as
 executives, managers or members of boards of directors.
 Article SERVIN.2.6: Performance requirements
 1. A Party shall not impose or enforce any requirement, or enforce any commitment or
 undertaking, in connection with the establishment or operation of any enterprise in its territory:
 (a) to export a given level or percentage of goods or services;
 (b) to achieve a given level or percentage of domestic content;
 (c) to purchase, use or accord a preference to goods produced or services provided in its territory
 or to purchase goods or services from natural or legal persons or any other entities in its
 territory;
 (d) to relate in any way the volume or value of imports to the volume or value of exports or to the
 amount of foreign exchange inflows associated with such enterprise;
 94
 ---pagebreak--- (e) to restrict sales of goods or services in its territory that such enterprise produces or supplies,
 by relating those sales in any way to the volume or value of its exports or foreign exchange
 inflows;
 (f) to transfer technology, a production process or other proprietary knowledge to a natural or
 legal person or any other entity in its territory12;
 (g) to supply exclusively from the territory of that Party a good produced or a service supplied by
 the enterprise to a specific regional or world market;
 (h) to locate the headquarters for a specific region of the World which is broader than the
 territory of the Party or the world market in its territory;
 (i) to employ a given number or percentage of natural persons of that Party;
 (j) to achieve a given level or value of research and development in its territory;
 (k) to restrict the exportation or sale for export; or
 (l) with regard to any licence contract in existence at the time the requirement is imposed or
 enforced, or any commitment or undertaking is enforced, or with regard to any future licence
 contract freely entered into between the enterprise and a natural or legal person or any other
 entity in its territory, if the requirement is imposed or enforced or the commitment or
 undertaking is enforced, in a manner that constitutes direct interference with that licence
 contract by an exercise of non-judicial governmental authority of a Party, to adopt:
 (i) a rate or amount of royalty below a certain level; or
 (ii) a given duration of the term of a licence contract.
 This point does not apply where the licence contract is concluded between the enterprise
 and the Party. For the purposes of this point, a "licence contract" means any contract
 concerning the licensing of technology, a production process, or other proprietary
 knowledge.
 2. A Party shall not condition the receipt or continued receipt of an advantage, in connection
 with the establishment or operation of an enterprise in its territory, on compliance with any of the
 following requirements:
 (a) achieving a given level or percentage of domestic content;
 (b) purchasing, using or according a preference to goods produced or services supplied in its
 territory, or to purchase goods or services from natural or legal persons or any other entity in
 its territory;
 (c) relating in any way the volume or value of imports to the volume or value of exports or to the
 amount of foreign exchange inflows associated with that enterprise;
 12
 For greater certainty, point (f) of Article SERVIN.2.6(1) [Performance requirements] is without prejudice
 to the provisions of Article DIGIT.12 [Transfer of or access to source code].
 95
 ---pagebreak--- (d) restricting the sales of goods or services in its territory that that enterprise produces or
 supplies by relating those sales in any way to the volume or value of its exports or foreign
 exchange inflows; or
 (e) restricting the exportation or sale for export.
 3. Paragraph 2 shall not be construed as preventing a Party from conditioning the receipt or
 continued receipt of an advantage, in connection with the establishment or operation of any
 enterprise in its territory, on compliance with a requirement to locate production, supply a service,
 train or employ workers, construct or expand particular facilities, or carry out research and
 development, in its territory.
 4. Points (f) and (l) of paragraph 1 do not apply where:
 (a) the requirement is imposed or enforced, or the commitment or undertaking is enforced, by a
 court or administrative tribunal, or by a competition authority pursuant to a Party’s
 competition law to prevent or remedy a restriction or a distortion of competition; or
 (b) a Party authorises the use of an intellectual property right in accordance with Article 31 or
 Article 31bis of the TRIPS Agreement, or adopts or maintains measures requiring the
 disclosure of data or proprietary information that fall within the scope of, and are consistent
 with, paragraph 3 of Article 39 of the TRIPS Agreement.
 5. Points (a) to (c) of paragraph 1 and points (a) and (b) of paragraph 2 do not apply to
 qualification requirements for goods or services with respect to participation in export promotion
 and foreign aid programmes.
 6. For greater certainty, this Article does not preclude the enforcement by the competent
 authorities of a Party of any commitment or undertaking given between persons other than a Party
 which was not directly or indirectly imposed or required by that Party.
 7. For greater certainty, points (a) and (b) of paragraph 2 do not apply to requirements
 imposed by an importing Party in relation to the content of goods necessary to qualify
 for preferential tariffs or preferential quotas.
 8. Point (l) of paragraph 1 does not apply if the requirement is imposed or enforced, or the
 commitment or undertaking is enforced, by a tribunal as equitable remuneration under the Party's
 copyright laws.
 9. A Party shall neither impose nor enforce any measure inconsistent with its obligations under
 the Agreement on Trade-Related Investment Measures (TRIMs), even where such measure has been
 listed by that Party in ANNEX SERVIN-1 [Existing measures] or ANNEX SERVIN-2 [Future measures].
 10. For greater certainty, this Article shall not be construed as requiring a Party to permit a
 particular service to be supplied on a cross-border basis where that Party adopts or maintains
 restrictions or prohibitions on such provision of services which are consistent with the reservations,
 conditions or qualifications specified with respect to a sector, subsector or activity listed in ANNEX
 SERVIN-1 [Existing measures] or ANNEX SERVIN-2 [Future measures].
 11. A condition for the receipt or continued receipt of an advantage referred to in paragraph 2
 does not constitute a requirement or a commitment or undertaking for the purposes of paragraph 1.
 96
 ---pagebreak--- Article SERVIN.2.7: Non-conforming measures and exceptions
 1. Articles SERVIN.2.2 [Market access], SERVIN.2.3 [National treatment], SERVIN.2.4 [Most
 favoured nation treatment], SERVIN.2.5 [Senior management and boards of directors] and
 SERVIN.2.6 [Performance requirements], do not apply to:
 (a) any existing non-conforming measure of a Party at the level of:
 (i) for the Union:
 (A) the Union, as set out in the Schedule of the Union in Annex SERVIN.1
 [Existing measures];
 (B) The central government of a Member State, as set out in the Schedule of the
 Union in Annex SERVIN.1 [Existing measures];
 (C) a regional government of a Member State, as set out in the Schedule of the
 Union in Annex SERVIN.1 [Existing measures]; or
 (D) a local government, other than that referred to in point (C); and
 (ii) for the United Kingdom:
 (A) the central government, as set out in the Schedule of the United Kingdom in
 Annex SERVIN.1 [Existing measures];
 (B) a [regional government], as set out in the Schedule of the United Kingdom in
 Annex SERVIN.1 [Existing measures];
 or
 (C) a local government;
 (b) the continuation or prompt renewal of any non-conforming measure referred to in point (a);
 or
 (c) a modification to any non-conforming measure referred to in points (a) and (b) of this
 paragraph, provided that it does not decrease the conformity of the measure, as it existed
 immediately before the modification, with Articles SERVIN.2.2 [Market access], Article
 SERVIN.2.3 [National treatment], Articles SERVIN.2.4 [Most favoured nation treatment],
 SERVIN.2.5 [Senior management and boards of directors] or SERVIN.2.6 [Performance
 requirements].
 2. Articles SERVIN.2.2 [Market access], SERVIN.2.3 [National treatment], SERVIN.2.4 [Most
 favoured nation treatment], SERVIN.2.5 [Senior management and boards of directors] and
 SERVIN.2.6 [Performance requirements] do not apply to a measure of a Party which is consistent
 with the reservations, conditions or qualifications specified with respect to a sector, subsector or
 activity listed in Annex SERVIN.2 [Future measures].
 3. Articles SERVIN.2.3 [National treatment] and SERVIN.2.4 [Most favoured nation treatment]
 do not apply to any measure that constitutes an exception to, or a derogation from, Articles 3 or 4 of
 the TRIPS Agreement, as specifically provided for in Articles 3 to 5 of that Agreement.
 97
 ---pagebreak--- 4. For greater certainty, Articles SERVIN.2.3 [National treatment] and SERVIN.2.4 [Most
 favoured nation treatment] shall not be construed as preventing a Party from prescribing
 information requirements, including for statistical purposes, in connection with the establishment or
 operation of investors of the other Party or of covered enterprises, provided that it does not
 constitute a means to circumvent that Party’s obligations under those Articles.
 Chapter 3: Cross-border trade in services
 Article SERVIN.3.1: Scope
 This Chapter applies to measures of a Party affecting the cross-border trade in services by service
 suppliers of the other Party.
 Article SERVIN.3.2: Market access
 A Party shall not adopt or maintain, either on the basis of its entire territory or on the basis of a
 territorial sub-division, measures that:
 (a) impose limitations on:
 (i) the number of services suppliers that may supply a specific service, whether in the
 form of numerical quotas, monopolies, exclusive service suppliers or the requirement
 of an economic needs test;
 (ii) the total value of service transactions or assets in the form of numerical quotas or the
 requirement of an economic needs test; or
 (iii) the total number of service operations or on the total quantity of service output
 expressed in the terms of designated numerical units in the form of quotas or the
 requirement of an economic needs test13; or
 (b) restrict or require specific types of legal entity or joint venture through which a service
 supplier may supply a service.
 Article SERVIN.3.3: Local presence
 A Party shall not require a service supplier of the other Party to establish or maintain an enterprise
 or to be resident in its territory as a condition for the cross-border supply of a service.
 Article SERVIN.3.4: National treatment
 1. Each Party shall accord to services and service suppliers of the other Party treatment no less
 favourable than that it accords, in like situations, to its own services and services suppliers.
 2. A Party may meet the requirement of paragraph 1 by according to services and service
 suppliers of the other Party either formally identical treatment or formally different treatment to
 that it accords to its own services and service suppliers.
 13
 Point (a) (iii) of Article SERVIN.3.2 [Market access] does not cover measures by a Party which limit
 inputs for the supply of services.
 98
 ---pagebreak--- 3. Formally identical or formally different treatment shall be considered to be less favourable if
 it modifies the conditions of competition in favour of services or service suppliers of the Party
 compared to services or service suppliers of the other Party.
 4. Nothing in this Article shall be construed as requiring either Party to compensate for
 inherent competitive disadvantages which result from the foreign character of the relevant services
 or services suppliers.
 Article SERVIN.3.5: Most favoured nation treatment
 1. Each Party shall accord to services and service suppliers of the other Party treatment no less
 favourable than that it accords, in like situations, to services and service suppliers of a third country.
 2. Paragraph 1 shall not be construed as obliging a Party to extend to services and service
 suppliers of the other Party the benefit of any treatment resulting from:
 (a) an international agreement for the avoidance of double taxation or other international
 agreement or arrangement relating wholly or mainly to taxation; or
 (b) measures providing for recognition, including of the standards or criteria for the authorisation,
 licencing, or certification of a natural person or enterprise to carry out an economic activity, or
 of prudential measures as referred to in paragraph 3 of the GATS Annex on Financial Services.
 3. For greater certainty, the existence of substantive provisions in other international
 agreements concluded by a Party with a third country, or mere formal transposition of those
 provisions into domestic law to the extent that it is necessary in order to incorporate them into the
 domestic legal order, do not in themselves constitute the "treatment" referred to in paragraph 1.
 Measures of a Party pursuant to those provisions may constitute such treatment and thus give rise
 to a breach of this Article.
 Article SERVIN.3.6: Non-conforming measures
 1. Articles SERVIN.3.2 [Market access], SERVIN.3.3 [Local presence], SERVIN.3.4 [National
 treatment] and SERVIN.3.5 [Most favoured nation treatment] do not apply to:
 (a) any existing non-conforming measure of a Party at the level of:
 (i) for the Union:
 (A) the Union, as set out in the Schedule of the Union in Annex SERVIN-1
 [Existing measures];
 (B) the central government of a Member State, as set out in the Schedule of the
 Union in Annex SERVIN-1 [Existing measures];
 (C) a regional government of a Member State, as set out in the Schedule of the
 Union in Annex SERVIN-1 [Existing measures]; or
 (D) a local government, other than that referred to in point (C); and
 (ii) for the United Kingdom:
 99
 ---pagebreak--- (A) the central government, as set out in the Schedule of the United Kingdom in
 Annex SERVIN-1 [Existing measures];
 (B) a regional government, as set out in the Schedule of the United Kingdom in
 Annex SERVIN-1 [Existing measures]; or
 (C) a local government;
 (b) the continuation or prompt renewal of any non-conforming measure referred to in point (a);
 or
 (c) a modification of any non-conforming measure referred to in points (a) and (b) of this
 paragraph to the extent that it does not decrease the conformity of the measure, as it existed
 immediately before the modification, with Articles SERVIN.3.2 [Market access], SERVIN.3.3
 [Local presence]], SERVIN.3.4 [National treatment] and SERVIN.3.5 [Most favoured nation
 treatment].
 2. Articles 3.2 [Market access], SERVIN.3.3 [Local presence], SERVIN.3.4 [National treatment] and
 SERVIN.3.5 [Most favoured nation treatment] do not apply to any measure of a Party which is
 consistent with the reservations, conditions or qualifications specified with respect to a sector,
 subsector or activity listed in Annex SERVIN-2 [Future measures].
 Chapter 4: Entry and temporary stay of natural persons for business purposes
 Article SERVIN.4.1: Scope and definitions
 1. This Chapter applies to measures of a Party affecting the performance of economic activities
 through the entry and temporary stay in its territory of natural persons of the other Party, who are
 business visitors for establishment purposes, contractual service suppliers, independent
 professionals, intra-corporate transferees and short-term business visitors.
 2. To the extent that commitments are not undertaken in this Chapter, all requirements
 provided for in the law of a Party regarding the entry and temporary stay of natural persons shall
 continue to apply, including laws and regulations concerning the period of stay.
 3. Notwithstanding the provisions of this Chapter, all requirements provided for in the law of a
 Party regarding work and social security measures shall continue to apply, including laws and
 regulations concerning minimum wages and collective wage agreements.
 4. Commitments on the entry and temporary stay of natural persons for business purposes do
 not apply in cases where the intent or effect of the entry and temporary stay is to interfere with or
 otherwise affect the outcome of any labour or management dispute or negotiation, or the
 employment of any natural person who is involved in that dispute.
 5. For the purposes of this Chapter:
 (a) "business visitors for establishment purposes" means natural persons working in a senior
 position within a legal person of a Party, who:
 (i) are responsible for setting up an enterprise of such legal person in the territory of the
 other Party;
 100
 ---pagebreak--- (ii) do not offer or provide services or engage in any economic activity other than that
 which is required for the purposes of the establishment of that enterprise; and
 (iii) do not receive remuneration from a source located within the other Party;
 (b) "contractual service suppliers" means natural persons employed by a legal person of a Party
 (other than through an agency for placement and supply services of personnel), which is not
 established in the territory of the other Party and has concluded a bona fide contract, not
 exceeding 12 months, to supply services to a final consumer in the other Party requiring the
 temporary presence of its employees who:
 (i) have offered the same type of services as employees of the legal person for a period
 of not less than one year immediately preceding the date of their application for entry
 and temporary stay;
 (ii) possess, on that date, at least three years professional experience, obtained after
 having reached the age of majority, in the sector of activity that is the object of the
 contract, a university degree or a qualification demonstrating knowledge of an
 equivalent level and the professional qualifications legally required to exercise that
 activity in the other Party14; and
 (iii) do not receive remuneration from a source located within the other Party;
 (c) "independent professionals" means natural persons engaged in the supply of a service and
 established as self-employed in the territory of a Party who:
 (i) have not established in the territory of the other Party;
 (ii) have concluded a bona fide contract (other than through an agency for placement and
 supply services of personnel) for a period not exceeding 12 months to supply services
 to a final consumer in the other Party, requiring their presence on a temporary basis;
 and
 (iii) possess, on the date of their application for entry and temporary stay, at least six
 years professional experience in the relevant activity, a university degree or a
 qualification demonstrating knowledge of an equivalent level and the professional
 qualifications legally required to exercise that activity in the other Party15;
 (d) "intra-corporate transferees" means natural persons, who:
 (i) have been employed by a legal person of a Party, or have been partners in it, for a
 period, immediately preceding the date of the intra-corporate transfer, of not less
 than one year in the case of managers and specialists and of not less than six months
 in the case of trainee employees;
 (ii) at the time of application reside outside the territory of the other Party;
 14
 Where the degree or qualification has not been obtained in the Party where the service is supplied, that
 Party may evaluate whether this is equivalent to a university degree required in its territory.
 15
 Where the degree or qualification has not been obtained in the Party where the service is supplied, that
 Party may evaluate whether this is equivalent to a university degree required in its territory.
 101
 ---pagebreak--- (iii) are temporarily transferred to an enterprise of the legal person in the territory of the
 other Party which is a member of the same group as the originating legal person,
 including its representative office, subsidiary, branch or head company16; and
 (iv) belong to one of the following categories:
 (A) managers17;
 (B) specialists; or
 (C) trainee employees;
 (e) "manager" means a natural person working in a senior position, who primarily directs the
 management of the enterprise in the other Party, receiving general supervision or direction
 principally from the board of directors or from shareholders of the business or their
 equivalent and whose responsibilities include:
 (i) directing the enterprise or a department or subdivision thereof;
 (ii) supervising and controlling the work of other supervisory, professional or managerial
 employees; and
 (iii) having the authority to recommend hiring, dismissing or other personnel-related
 actions;
 (f) "specialist" means a natural person possessing specialised knowledge, essential to the
 enterprise’s areas of activity, techniques or management, which is to be assessed taking into
 account not only knowledge specific to the enterprise, but also whether the person has a high
 level of qualification, including adequate professional experience of a type of work or activity
 requiring specific technical knowledge, including possible membership of an accredited
 profession; and
 (g) "trainee employee" means a natural person possessing a university degree who is temporarily
 transferred for career development purposes or to obtain training in business techniques or
 methods and is paid during the period of the transfer.18
 6. The service contract referred to under points (b) and (c) of paragraph 5 shall comply with the
 requirements of the law of the Party where the contract is executed.
 16
 Managers and specialists may be required to demonstrate they possess the professional qualifications
 and experience needed in the legal person to which they are transferred.
 17
 While managers do not directly perform tasks concerning the actual supply of the services, this does
 not prevent them, in the course of executing their duties as described above, from performing such
 tasks as may be necessary for the provision of the services.
 18
 The recipient enterprise may be required to submit a training programme covering the duration of the
 stay for prior approval, demonstrating that the purpose of the stay is for training. For AT, CZ, DE, FR, ES,
 HU and LT, training must be linked to the university degree which has been obtained.
 102
 ---pagebreak--- Article SERVIN.4.2: Intra-corporate transferees and business visitors for establishment purposes
 1. Subject to the relevant conditions and qualifications specified in Annex SERVIN-3 [Business
 visitors for establishment purposes, intra-corporate transferees, and short-term business visitors]:
 (a) each Party shall allow:
 (i) the entry and temporary stay of intra-corporate transferees;
 (ii) the entry and temporary stay of business visitors for establishment purposes without
 requiring a work permit or other prior approval procedure of similar intent; and
 (iii) the employment in its territory of intra-corporate transferees of the other Party;
 (b) a Party shall not maintain or adopt limitations in the form of numerical quotas or economic
 needs tests regarding the total number of natural persons that, in a specific sector, are
 allowed entry as business visitors for establishment purposes or that an investor of the other
 Party may employ as intra-corporate transferees, either on the basis of a territorial subdivision
 or on the basis of its entire territory; and
 (c) each Party shall accord to intra-corporate transferees and business visitors for establishment
 purposes of the other Party, during their temporary stay in its territory, treatment no less
 favourable than that it accords, in like situations, to its own natural persons.
 2. The permissible length of stay shall be for a period of up to three years for managers and
 specialists, up to one year for trainee employees and up to 90 days within any six-month period for
 business visitors for establishment purposes.
 Article SERVIN.4.3: Short-term business visitors
 1. Subject to the relevant conditions and qualifications specified in Annex SERVIN-3 [Business
 visitors for establishment purposes, intra-corporate transferees and short term business visitors],
 each Party shall allow the entry and temporary stay of short-term business visitors of the other Party
 for the purposes of carrying out the activities listed in Annex SERVIN-3 [Business visitors for
 establishment purposes, intra-corporate transferees and short term business visitors], subject to the
 following conditions:
 (a) the short-term business visitors are not engaged in selling their goods or supplying services to
 the general public;
 (b) the short-term business visitors do not, on their own behalf, receive remuneration from
 within the Party where they are staying temporarily; and
 (c) the short-term business visitors are not engaged in the supply of a service in the framework of
 a contract concluded between a legal person that has not established in the territory of the
 Party where they are staying temporarily, and a consumer there, except as provided for in
 Annex SERVIN-3 [Business visitors for establishment purposes, intra-corporate transferees and
 short term business visitors].
 2. Unless otherwise specified in Annex SERVIN-3 [Business visitors for establishment purposes,
 intra-corporate transferees and short term business visitors], a Party shall allow entry of short-term
 103
 ---pagebreak--- business visitors without the requirement of a work permit, economic needs test or other prior
 approval procedures of similar intent.
 3. If short-term business visitors of a Party are engaged in the supply of a service to a consumer
 in the territory of the Party where they are staying temporarily in accordance with Annex SERVIN-3
 [Business visitors for establishment purposes, intra-corporate transferees and short term business
 visitors], that Party shall accord to them, with regard to the supply of that service, treatment no less
 favourable than that it accords, in like situations, to its own service suppliers.
 4. The permissible length of stay shall be for a period of up to 90 days in any six-month period.
 Article SERVIN.4.4: Contractual service suppliers and independent professionals
 1. In the sectors, subsectors and activities specified in Annex SERVIN-4 [Contractual service
 suppliers and independent professionals] and subject to the relevant conditions and qualifications
 specified therein:
 (a) a Party shall allow the entry and temporary stay of contractual service suppliers and
 independent professionals in its territory;
 (b) a Party shall not adopt or maintain limitations on the total number of contractual service
 suppliers and independent professionals of the other Party allowed entry and temporary stay,
 in the form of numerical quotas or an economic needs test; and
 (c) each Party shall accord to contractual service suppliers and independent professionals of the
 other Party, with regard to the supply of their services in its territory, treatment no less
 favourable than that it accords, in like situations, to its own service suppliers.
 2. Access accorded under this Article relates only to the service which is the subject of the
 contract and does not confer entitlement to use the professional title of the Party where the service
 is provided.
 3. The number of persons covered by the service contract shall not be greater than necessary
 to fulfil the contract, as it may be required by the law of the Party where the service is supplied.
 4. The permissible length of stay shall be for a cumulative period of 12 months, or for the
 duration of the contract, whichever is less.
 Article SERVIN.4.5: Non-conforming measures
 To the extent that the relevant measure affects the temporary stay of natural persons for business
 purposes, points (b) and (c) of Article SERVIN.4.2(1) [Intra-corporate transferees and business
 visitors for establishment purposes], Article SERVIN.4.3(3) [Short-term business visitors] and points
 (b) and (c) of Article SERVIN.4.4(1) [Contractual service suppliers and independent professionals] do
 not apply to:
 (a) any existing non-conforming measure of a Party at the level of:
 (i) for the Union:
 (A) the Union, as set out in the Schedule of the Union in Annex SERVIN-1
 [Existing measures];
 104
 ---pagebreak--- (B) the central government of a Member State, as set out in the Schedule of the
 Union in Annex SERVIN-1 [Existing measures];
 (C) a regional government of a Member State, as set out in the Schedule of the
 Union in Annex SERVIN-1 [Existing measures]; or
 (D) a local government, other than that referred to in point (C); and
 (ii) for the United Kingdom:
 (A) the central government, as set out in the Schedule of the United Kingdom in
 Annex SERVIN-1 [Existing measures];
 (B) a [regional subdivision], as set out in the Schedule of the United Kingdom in
 Annex SERVIN-1 [Existing measures]; or
 (C) a local government;
 (b) the continuation or prompt renewal of any non-conforming measure referred to in point (a);
 (c) a modification of any non-conforming measure referred to in points (a) and (b) of this Article
 to the extent that it does not decrease the conformity of the measure, as it existed
 immediately before the modification, with points (b) and (c) of Article SERVIN.4.2(1) [Intra-
 corporate transferees and business visitors for establishment purposes], Article SERVIN.4.3(3)
 [Short-term business visitors] and points (b) and (c) of Article SERVIN.4.4(1) [Contractual
 service suppliers and independent professionals]; or
 (d) any measure of a Party consistent with a condition or qualification specified in Annex SERVIN-
 2 [Future measures].
 Article SERVIN.4.6: Transparency
 1. Each Party shall make publicly available information on relevant measures that pertain to
 the entry and temporary stay of natural persons of the other Party, referred to in Article
 SERVIN.4.1(1) [Scope and definitions].
 2. The information referred to in paragraph 1 shall, to the extent possible, include the
 following information relevant to the entry and temporary stay of natural persons:
 (a) categories of visa, permits or any similar type of authorisation regarding the entry and
 temporary stay;
 (b) documentation required and conditions to be met;
 (c) method of filing an application and options on where to file, such as consular offices or online;
 (d) application fees and an indicative timeframe of the processing of an application;
 (e) the maximum length of stay under each type of authorisation described in point (a);
 (f) conditions for any available extension or renewal;
 (g) rules regarding accompanying dependants;
 105
 ---pagebreak--- (h) available review or appeal procedures; and
 (i) relevant laws of general application pertaining to the entry and temporary stay of natural
 persons for business purposes.
 3. With respect to the information referred to in paragraphs 1 and 2, each Party shall
 endeavour to promptly inform the other Party of the introduction of any new requirements and
 procedures or of the changes in any requirements and procedures that affect the effective
 application for the grant of entry into, temporary stay in and, where applicable, permission to work
 in the former Party.
 Chapter 5: Regulatory framework
 Section 1: Domestic regulation
 Article SERVIN.5.1: Scope and definitions
 1. This Section applies to measures by the Parties relating to licensing requirements and
 procedures, qualification requirements and procedures, formalities and technical standards that
 affect:
 (a) cross-border trade in services;
 (b) establishment or operation; or
 (c) the supply of a service through the presence of a natural person of a Party in the territory of
 the other Party as set out in Article SERVIN.4.1 [Scope and definitions].
 As far as measures relating to technical standards are concerned, this Section only applies to
 measures that affect trade in services. For the purposes of this Section, the term ‘technical
 standards’ does not include regulatory or implementing technical standards for financial services.
 2. This Section does not apply to licensing requirements and procedures, qualification
 requirements and procedures, formalities and technical standards pursuant to a measure:
 (a) that does not conform with Article SERVIN.2.2 [Market access] or 2.3 [National treatment] and
 is referred to in points (a) to (c) of Article SERVIN.2.7(1) [Non-conforming measures and
 exceptions] or with Article SERVIN.3.2 [Market access], Article SERVIN.3.3 [Local presence] or
 Article SERVIN.3.4 [National treatment] and is referred to in points (a) to (c) of Article
 SERVIN.3.6(1) [Non-conforming measures] or with points (b) and (c) of Article SERVIN 4.2(1)
 [Intra-corporate transferees and business visitors for establishment purposes], or Article
 SERVIN 4.3(3) [Short-term business visitors]] or with points (b) and (c) of Article SERVIN 4.4(1)
 [Contractual service suppliers and independent professionals] and is referred to in Article
 SERVIN 4.5(1) [Non-conforming measures]; or
 (b) referred to in Article SERVIN.2.7(2) [Non-conforming measures and exceptions] or Article
 SERVIN.3.6(2) [Non-conforming measures].
 3. For the purposes of this Section:
 (a) "authorisation" means the permission to carry out any of the activities referred to in points (a)
 to (c) of paragraph 1 resulting from a procedure a natural or legal person must adhere to in
 106
 ---pagebreak--- order to demonstrate compliance with licensing requirements, qualification requirements,
 technical standards or formalities for the purposes of obtaining, maintaining or renewing that
 permission; and
 (b) "competent authority" means a central, regional or local government or authority or non-
 governmental body in the exercise of powers delegated by central, regional or local
 governments or authorities, which is entitled to take a decision concerning the authorisation
 referred to in point (a).
 Article SERVIN.5.2: Submission of applications
 Each Party shall, to the extent practicable, avoid requiring an applicant to approach more than one
 competent authority for each application for authorisation. If an activity for which authorisation is
 requested is within the jurisdiction of multiple competent authorities, multiple applications for
 authorisation may be required.
 Article SERVIN.5.3: Application timeframes
 If a Party requires authorisation, it shall ensure that its competent authorities, to the extent
 practicable, permit the submission of an application at any time throughout the year. If a specific
 time period for applying for authorisation exists, the Party shall ensure that the competent
 authorities allow a reasonable period of time for the submission of an application.
 Article SERVIN.5.4: Electronic applications and acceptance of copies
 If a Party requires authorisation, it shall ensure that its competent authorities:
 (a) to the extent possible provide for applications to be completed by electronic means, including
 from within the territory of the other Party; and
 (b) accept copies of documents, that are authenticated in accordance with the Party’s domestic
 law, in place of original documents, unless the competent authorities require original
 documents to protect the integrity of the authorisation process.
 Article SERVIN.5.5: Processing of applications
 1. If a Party requires authorisation, it shall ensure that its competent authorities:
 (a) process applications throughout the year. Where that is not possible, this information should
 be made public in advance, to the extent feasible;
 (b) to the extent practicable, provide an indicative timeframe for the processing of an application.
 That timeframe shall be reasonable to the extent practicable;
 (c) at the request of the applicant, provide without undue delay information concerning the
 status of the application;
 (d) to the extent practicable, ascertain without undue delay the completeness of an application
 for processing under the Party’s domestic laws and regulations;
 107
 ---pagebreak--- (e) if they consider an application complete for the purposes of processing under the Party’s
 domestic laws and regulations,19 within a reasonable period of time after the submission of
 the application ensure that:
 (i) the processing of the application is completed; and
 (ii) the applicant is informed of the decision concerning the application, to the extent
 possible, in writing;20
 (f) if they consider an application incomplete for the purposes of processing under the Party’s
 domestic laws and regulations, within a reasonable period of time, to the extent practicable:
 (i) inform the applicant that the application is incomplete;
 (ii) at the request of the applicant identify the additional information required to
 complete the application or otherwise provide guidance on why the application is
 considered incomplete; and
 (iii) provide the applicant with the opportunity to provide the additional information that
 is required to complete the application;21
 however, if none of the above is practicable, and the application is rejected due to
 incompleteness, competent authorities shall ensure that they inform the applicant within a
 reasonable period of time; and
 (g) if an application is rejected, either upon their own initiative or upon request of the applicant,
 inform the applicant of the reasons for rejection and of the timeframe for an appeal against
 that decision and, if applicable, the procedures for resubmission of an application; an
 applicant shall not be prevented from submitting another application solely on the basis of a
 previously rejected application.
 2. The Parties shall ensure that their competent authorities grant an authorisation as soon as it
 is established, on the basis of an appropriate examination, that the applicant meets the conditions
 for obtaining it.
 3. The Parties shall ensure that, once granted, an authorisation enters into effect without
 undue delay, subject to the applicable terms and conditions.22
 19
 Balancing resource constraints against the potential burden on businesses, in cases where it is
 reasonable to do so, competent authorities may require that all information is submitted in a specified
 format to consider it "complete for the purposes of processing".
 20
 Competent authorities may meet the requirement set out in point (ii) by informing an applicant in
 advance in writing, including through a published measure, that a lack of response after a specified
 period of time from the date of submission of the application indicates acceptance of the application.
 The reference to "in writing" should be understood as including electronic format.
 21
 Such “opportunity” does not require a competent authority to provide extensions of deadlines.
 22
 Competent authorities are not responsible for delays due to reasons outside their competence.
 108
 ---pagebreak--- Article SERVIN.5.6: Fees
 1. For all economic activities other than financial services, each Party shall ensure that the
 authorisation fees charged by its competent authorities are reasonable and transparent and do not
 in themselves restrict the supply of the relevant service or the pursuit of any other economic
 activity. Having regard to the cost and administrative burden, each Party is encouraged to accept
 payment of authorisation fees by electronic means.
 2. With regard to financial services, each Party shall ensure that its competent authorities, with
 respect to authorisation fees that they charge, provide applicants with a schedule of fees or
 information on how fee amounts are determined, and do not use the fees as a means of avoiding
 the Party’s commitments or obligations.
 3. Authorisation fees do not include fees for the use of natural resources, payments for
 auction, tendering or other non-discriminatory means of awarding concessions or mandated
 contributions to universal service provision.
 Article SERVIN.5.7: Assessment of qualifications
 If a Party requires an examination to assess the qualifications of an applicant for authorisation, it
 shall ensure that its competent authorities schedule such an examination at reasonably frequent
 intervals and provide a reasonable period of time to enable applicants to request to take the
 examination. To the extent practicable, each Party shall accept requests in electronic format to take
 such examinations and shall consider the use of electronic means in other aspects of examination
 processes.
 Article SERVIN.5.8: Publication and information available
 1. If a Party requires authorisation, the Party shall promptly publish the information necessary
 for persons carrying out or seeking to carry out the activities referred to in Article SERVIN.5.1(1)
 [Scope and definitions] for which the authorisation is required to comply with the requirements,
 formalities, technical standards and procedures for obtaining, maintaining, amending and renewing
 such authorisation. Such information shall include, to the extent it exists:
 (a) the licensing and qualification requirements and procedures and formalities;
 (b) contact information of relevant competent authorities;
 (c) authorisation fees;
 (d) applicable technical standards;
 (e) procedures for appeal or review of decisions concerning applications;
 (f) procedures for monitoring or enforcing compliance with the terms and conditions of licences
 or qualifications;
 (g) opportunities for public involvement, such as through hearings or comments; and
 (h) indicative timeframes for the processing of an application.
 109
 ---pagebreak--- For the purposes of this Section, "publish" means to include in an official publication, such as an
 official journal, or on an official website. Parties shall consolidate electronic publications into a single
 online portal or otherwise ensure that competent authorities make them easily accessible through
 alternative electronic means.
 2. Each Party shall require each of its competent authorities to respond to any request for
 information or assistance, to the extent practicable.
 Article SERVIN.5.9: Technical standards
 Each Party shall encourage its competent authorities, when adopting technical standards, to adopt
 technical standards developed through open and transparent processes, and shall encourage any
 body, including relevant international organisations, designated to develop technical standards to do
 so through open and transparent processes.
 Article SERVIN.5.10: Conditions for authorisation
 1. Each Party shall ensure that measures relating to authorisation are based on criteria which
 preclude the competent authorities from exercising their power of assessment in an arbitrary
 manner and may include, inter alia, competence and the ability to supply a service or any other
 economic activity, including to do so in compliance with a Party’s regulatory requirements such as
 health and environmental requirements. For the avoidance of doubt, the Parties understand that in
 reaching decisions a competent authority may balance criteria.
 2. The criteria referred to in paragraph 1 shall be:
 (a) clear and unambiguous;
 (b) objective and transparent;
 (c) pre-established;
 (d) made public in advance;
 (e) impartial; and
 (f) easily accessible.
 3. If a Party adopts or maintains a measure relating to authorisation, it shall ensure that:
 (a) the competent authority concerned processes applications, and reaches and administers its
 decisions objectively and impartially and in a manner independent of the undue influence of
 any person carrying out the economic activity for which authorisation is required; and
 (b) the procedures themselves do not prevent fulfilment of the requirements.
 Article SERVIN.5.11: Limited numbers of licences
 If the number of licences available for a given activity is limited because of the scarcity of available
 natural resources or technical capacity, a Party shall apply a selection procedure to potential
 candidates which provides full guarantees of impartiality, objectivity and transparency, including, in
 particular, adequate publicity about the launch, conduct and completion of the procedure. In
 110
 ---pagebreak--- establishing the rules for the selection procedure, a Party may take into account legitimate policy
 objectives, including considerations of health, safety, the protection of the environment and the
 preservation of cultural heritage.
 Section 2: Provisions of general application
 Article SERVIN.5.12: Review procedures for administrative decisions
 A Party shall maintain judicial, arbitral or administrative tribunals or procedures which provide, on
 request of an affected investor or service supplier of the other Party, for the prompt review of, and if
 justified appropriate remedies for, administrative decisions that affect establishment or operation,
 cross-border trade in services or the supply of a service through the presence of a natural person of
 a Party in the territory of the other Party. For the purposes of this Section, "administrative decisions"
 means a decision or action with a legal effect that applies to a specific person, good or service in an
 individual case and covers the failure to take an administrative decision or take such action when
 that is so required by a Party’s law. If such procedures are not independent of the competent
 authority entrusted with the administrative decision concerned, a Party shall ensure that the
 procedures in fact provide for an objective and impartial review.
 Article SERVIN.5.13: Professional qualifications
 1. Nothing in this Article shall prevent a Party from requiring that natural persons possess the
 necessary professional qualifications specified in the territory where the activity is performed, for
 the sector of activity concerned23.
 2. The professional bodies or authorities, which are relevant for the sector of activity
 concerned in their respective territories, may develop and provide joint recommendations on the
 recognition of professional qualifications to the Partnership Council. Such joint recommendations
 shall be supported by an evidence-based assessment of:
 (a) the economic value of an envisaged arrangement on the recognition of professional
 qualifications; and
 (b) the compatibility of the respective regimes, that is, the extent to which the requirements
 applied by each Party for the authorisation, licensing, operation and certification are
 compatible.
 3. On receipt of a joint recommendation, the Partnership Council shall review its consistency
 with this Title within a reasonable period of time. The Partnership Council may, following such
 review, develop and adopt an arrangement on the conditions for the recognition of professional
 qualifications by decision as an annex to this Agreement, which shall be considered to form an
 integral part of this Title.24
 23
 For greater certainty, this Article shall not be construed to prevent the negotiation and conclusion of
 one or more agreements between the Parties on the recognition of professional qualifications on
 conditions and requirements different from those provided for in this Article.
 24
 For greater certainty, such arrangements shall not lead to the automatic recognition of qualifications
 but shall set, in the mutual interest of both Parties, the conditions for the competent authorities
 granting recognition.
 111
 ---pagebreak--- 4. An arrangement referred to under paragraph 3 shall provide for the conditions for
 recognition of professional qualifications acquired in the Union and professional qualifications
 acquired in the United Kingdom relating to an activity covered by this Title and Title III [Digital Trade]
 of Heading One.
 5. The Guidelines for arrangements on the recognition of professional qualifications set out in
 Annex SERVIN-6 [Guidelines for arrangements on the recognition of professional qualifications] shall
 be taken into account in the development of the joint recommendations referred to in paragraph 2
 of this Article and by the Partnership Council when assessing whether to adopt such an
 Arrangement, as referred to in paragraph 3 of this Article.
 Section 3: Delivery services
 Article SERVIN.5.14: Scope and definitions
 1. This Section applies to measures of a Party affecting the supply of delivery services in
 addition to Chapters 1, 2, 3 and 4 of this Title, and to Sections 1 and 2 of this Chapter.
 2. For the purposes of this Section:
 (a) "delivery services"’ means postal services, courier services, express delivery services or
 express mail services, which include the following activities: the collection, sorting, transport,
 and delivery of postal items;
 (b) "express delivery services" means the collection, sorting, transport and delivery of postal
 items at accelerated speed and reliability and may include value added elements such as
 collection from point of origin, personal delivery to the addressee, tracing, possibility of
 changing the destination and addressee in transit or confirmation of receipt;
 (c) "express mail services" means international express delivery services supplied through the
 EMS Cooperative, which is the voluntary association of designated postal operators under
 Universal Postal Union (UPU);
 (d) "licence" means an authorisation that a regulatory authority of a Party may require of an
 individual supplier in order for that supplier to offer postal or courier services;
 (e) "postal item" means an item up to 31.5kg addressed in the final form in which it is to be
 carried by any type of supplier of delivery services, whether public or private and may include
 items such as a letter, parcel, newspaper or catalogue;
 (f) "postal monopoly" means the exclusive right to supply specified delivery services within a
 Party’s territory or a subdivision thereof pursuant to the law of that Party; and
 (g) "universal service" means the permanent supply of a delivery service of specified quality at all
 points in the territory of a Party or a subdivision thereof at affordable prices for all users.
 Article SERVIN.5.15: Universal service
 1. Each Party has the right to define the kind of universal service obligation it wishes to
 maintain and to decide on its scope and implementation. Any universal service obligation shall be
 administered in a transparent, non-discriminatory and neutral manner with regard to all suppliers
 subject to the obligation.
 112
 ---pagebreak--- 2. If a Party requires inbound express mail services to be supplied on a universal service basis,
 it shall not accord preferential treatment to those services over other international express delivery
 services.
 Article SERVIN.5.16: Universal service funding
 A party shall not impose fees or other charges on the supply of a delivery service that is not a
 universal service for the purposes of funding the supply of a universal service. This Article does not
 apply to generally applicable taxation measures or administrative fees.
 Article SERVIN.5.17: Prevention of market distortive practices
 Each party shall ensure that suppliers of delivery services subject to a universal service obligation or
 postal monopolies do not engage in market distortive practices such as:
 (a) using revenues derived from the supply of the service subject to a universal service obligation
 or from a postal monopoly to cross-subsidise the supply of an express delivery service or any
 delivery service which is not subject to a universal service obligation; or
 (b) unjustifiably differentiating between consumers with respect to tariffs or other terms and
 conditions for the supply of a service subject to a universal service or a postal monopoly.
 Article SERVIN.5.18: Licences
 1. If a Party requires a licence for the provision of delivery services, it shall make publicly
 available:
 (a) all the licensing requirements and the period of time normally required to reach a decision
 concerning an application for a licence; and
 (b) the terms and conditions of licences.
 2. The procedures, obligations and requirements of a licence shall be transparent, non-
 discriminatory and based on objective criteria.
 3. If a licence application is rejected by the competent authority, it shall inform the applicant of
 the reasons for the rejection in writing. Each Party shall establish an appeal procedure through an
 independent body available to applicants whose licence has been rejected. That body may be a
 court.
 Article SERVIN.5.19: Independence of the regulatory body
 1. Each Party shall establish or maintain a regulatory body which shall be legally distinct from
 and functionally independent from any supplier of delivery services. If a Party owns or controls a
 supplier of delivery services, it shall ensure the effective structural separation of the regulatory
 function from activities associated with ownership or control.
 2. The regulatory bodies shall perform their tasks in a transparent and timely manner and have
 adequate financial and human resources to carry out the task assigned to them. Their decisions shall
 be impartial with respect to all market participants.
 Section 4: Telecommunications services
 113
 ---pagebreak--- Article SERVIN.5.20: Scope
 This Section applies to measures of a Party affecting the supply of telecommunications services in
 addition to Chapters 1, 2, 3 and 4 of this Title, and to Sections 1 and 2 of this Chapter.
 Article SERVIN.5.21: Definitions
 For the purposes of this Section:
 (a) "associated facilities" means associated services, physical infrastructure and other facilities or
 elements associated with a telecommunications network or telecommunications service
 which enable or support the supply of services via that network or service or have the
 potential to do so;
 (b) "end user" means a final consumer of, or subscriber to, a public telecommunications service,
 including a service supplier other than a supplier of public telecommunications services;
 (c) "essential facilities" means facilities of a public telecommunications network or a public
 telecommunications service that:
 (i) are exclusively or predominantly provided by a single or limited number of suppliers;
 and
 (ii) cannot feasibly be economically or technically substituted in order to provide a
 service;
 (d) "interconnection" means the linking of public telecommunications networks used by the same
 or different suppliers of telecommunications networks or telecommunications services in
 order to allow the users of one supplier to communicate with users of the same or another
 supplier or to access services provided by another supplier, irrespective of whether those
 services are provided by the suppliers involved or any other supplier who has access to the
 network;
 (e) "international mobile roaming service" means a commercial mobile service provided pursuant
 to a commercial agreement between suppliers of public telecommunications services that
 enables an end user to use its home mobile handset or other device for voice, data or
 messaging services while outside the territory in which the end user's home public
 telecommunications network is located;
 (f) "Internet access service" means a public telecommunications service that provides access to
 the Internet and thereby connectivity to virtually all end points of the Internet, irrespective of
 the network technology and terminal equipment used;
 (g) "leased circuit" means telecommunications services or facilities, including those of a virtual
 nature, that set aside capacity for the dedicated use by, or availability to, a user between two
 or more designated points;
 (h) "major supplier" means a supplier of telecommunications networks or telecommunications
 services which has the ability to materially affect the terms of participation, having regard to
 price and supply, in a relevant market for telecommunications networks or
 telecommunications services as a result of control over essential facilities or the use of its
 position in that market;
 114
 ---pagebreak--- (i) "network element" means a facility or equipment used in supplying a telecommunications
 service, including features, functions and capabilities provided by means of that facility or
 equipment;
 (j) "number portability" means the ability of subscribers who so request to retain the same
 telephone numbers, at the same location in the case of a fixed line, without impairment of
 quality, reliability or convenience when switching between the same category of suppliers of
 public telecommunications services;
 (k) "public telecommunications network" means any telecommunications network used wholly or
 mainly for the provision of public telecommunications services which supports the transfer of
 information between network termination points;
 (l) "public telecommunications service" means any telecommunications service that is offered to
 the public generally;
 (m) "subscriber" means any natural or legal person which is party to a contract with a supplier of
 public telecommunications services for the supply of such services;
 (n) "telecommunications" means the transmission and reception of signals by any
 electromagnetic means;
 (o) "telecommunications network" means transmission systems and, where applicable, switching
 or routing equipment and other resources, including network elements which are not active,
 which permit the transmission and reception of signals by wire, radio, optical, or other
 electromagnetic means;
 (p) "telecommunications regulatory authority" means the body or bodies charged by a Party with
 the regulation of telecommunications networks and telecommunications services covered by
 this Section;
 (q) "telecommunications service" means a service which consists wholly or mainly in the
 transmission and reception of signals, including broadcasting signals, over
 telecommunications networks, including those used for broadcasting, but not a service
 providing, or exercising editorial control over, content transmitted using telecommunications
 networks and telecommunications services;
 (r) "universal service" means the minimum set of services of specified quality that must be made
 available to all users, or to a set of users, in the territory of a Party, or in a subdivision thereof,
 regardless of their geographical location and at an affordable price; and
 (s) "user" means any natural or legal person using a public telecommunications service.
 Article SERVIN.5.22: Telecommunications regulatory authority
 1. Each Party shall establish or maintain a telecommunications regulatory authority that:
 (a) is legally distinct and functionally independent from any supplier of telecommunications
 networks, telecommunications services or telecommunications equipment;
 (b) uses procedures and issues decisions that are impartial with respect to all market participants;
 115
 ---pagebreak--- (c) acts independently and does not seek or take instructions from any other body in relation to
 the exercise of the tasks assigned to it by law to enforce the obligations set out in Articles
 SERVIN.5.24 [Interconnection], SERVIN.5.25 [Access and use], SERVIN.5.26 [Resolution of
 telecommunications disputes], SERVIN.5.28 [Interconnection with major supplies] and
 SERVIN.5.29 [Access to major suppliers’ essential facilities];
 (d) has the regulatory power, as well as adequate financial and human resources, to carry out the
 tasks mentioned in point (c);
 (e) has the power to ensure that suppliers of telecommunications networks or
 telecommunications services provide it, promptly upon request, with all the information25,
 including financial information, which is necessary to enable it to carry out the tasks
 mentioned in point (c); and
 (f) exercises its powers transparently and in a timely manner.
 2. Each Party shall ensure that the tasks assigned to the telecommunications regulatory
 authority are made public in an easily accessible and clear form, in particular where those tasks are
 assigned to more than one body.
 3. A Party that retains ownership or control of suppliers of telecommunications networks or
 telecommunications services shall ensure the effective structural separation of the regulatory
 function from activities associated with ownership or control.
 4. Each Party shall ensure that a user or supplier of telecommunications networks or
 telecommunications services affected by a decision of the telecommunications regulatory authority
 has a right of appeal before an appeal body which is independent of the regulatory authority and
 other affected parties. Pending the outcome of the appeal, the decision shall stand, unless interim
 measures are granted in accordance with the Party's law.
 Article SERVIN.5.23: Authorisation to provide telecommunications networks or services
 1. Each Party shall permit the provision of telecommunications networks or
 telecommunications services without a prior formal authorisation.
 2. Each Party shall make publicly available all the criteria, applicable procedures and terms and
 conditions under which suppliers are permitted to provide telecommunications networks or
 telecommunications services.
 3. Any authorisation criteria and applicable procedures shall be as simple as possible, objective,
 transparent, non-discriminatory and proportionate. Any obligations and conditions imposed on or
 associated with an authorisation shall be non-discriminatory, transparent and proportionate, and
 shall be related to the services or networks provided.
 4. Each Party shall ensure that an applicant for an authorisation receives in writing the reasons
 for any denial or revocation of an authorisation or the imposition of supplier-specific conditions. In
 such cases, the applicant shall have a right of appeal before an appeal body.
 25
 Information requested shall be treated in accordance with the requirements of confidentiality.
 116
 ---pagebreak--- 5. Administrative fees imposed on suppliers shall be objective, transparent, non-discriminatory
 and commensurate with the administrative costs reasonably incurred in the management, control
 and enforcement of the obligations set out in this Section26.
 ARTICLE SERVIN.5.24: Interconnection
 Each Party shall ensure that a supplier of public telecommunications networks or public
 telecommunications services has the right and, when so requested by another supplier of public
 telecommunications networks or public telecommunications services, the obligation to negotiate
 interconnection for the purposes of providing public telecommunications networks or public
 telecommunications services.
 Article SERVIN.5.25: Access and use
 1. Each Party shall ensure that any covered enterprise or service supplier of the other Party is
 accorded access to and use of public telecommunications networks or public telecommunications
 services on reasonable and non-discriminatory27 terms and conditions. This obligation shall be
 applied, inter alia, to paragraphs 2 to 5.
 2. Each Party shall ensure that covered enterprises or service suppliers of the other Party have
 access to and use of any public telecommunications network or public telecommunications service
 offered within or across its border, including private leased circuits, and to this end shall ensure,
 subject to paragraph 5, that such enterprises and suppliers are permitted:
 (a) to purchase or lease and attach terminal or other equipment which interfaces with the
 network and which is necessary to conduct their operations;
 (b) to interconnect private leased or owned circuits with public telecommunications networks or
 with circuits leased or owned by another covered enterprise or service supplier; and
 (c) to use the operating protocols of their choice in their operations, other than as necessary to
 ensure the availability of telecommunications services to the public generally.
 3. Each Party shall ensure that covered enterprises or service suppliers of the other Party may
 use public telecommunications networks and public telecommunications services for the movement
 of information within and across borders, including for their intra-corporate communications, and
 for access to information contained in databases or otherwise stored in machine-readable form in
 the territory of either Party.
 4. Notwithstanding paragraph 3, a Party may take such measures as are necessary to ensure
 the security and confidentiality of communications, subject to the requirement that such measures
 are not applied in a manner which would constitute either a disguised restriction on trade in services
 26
 Administrative fees do not include payments for rights to use scarce resources and mandated
 contributions to universal service provision.
 27
 For the purposes of this Article, “non-discriminatory” means most-favoured-nation and national
 treatment as defined in Articles SERVIN.2.3 [National treatment], SERVIN.3.3 [Local presence],
 SERVIN.2.4 [Most favoured nation treatment] and SERVIN.3.4 [National treatment], as well as under
 terms and conditions no less favourable than those accorded to any other user of like public
 telecommunications networks or services in like situations.
 117
 ---pagebreak--- or a means of arbitrary or unjustifiable discrimination or of nullification or impairment of benefits
 under this Title.
 5. Each Party shall ensure that no condition is imposed on access to and use of public
 telecommunications networks or services other than as necessary:
 (a) to safeguard the public service responsibilities of suppliers of public telecommunications
 networks or public telecommunications services, in particular their ability to make their
 services available to the public generally; or
 (b) to protect the technical integrity of public telecommunications networks or services.
 Article SERVIN.5.26: Resolution of telecommunications disputes
 1. Each Party shall ensure that, in the event of a dispute arising between suppliers of
 telecommunications networks or telecommunications services in connection with rights and
 obligations that arise from this Section, and upon request of either party involved in the dispute, the
 telecommunications regulatory authority issues a binding decision within a reasonable timeframe to
 resolve the dispute.
 2. The decision by the telecommunications regulatory authority shall be made available to the
 public, having regard to the requirements of business confidentiality. The parties concerned shall be
 given a full statement of the reasons on which it is based and shall have the right of appeal referred
 to in Article SERVIN.5.22(4) [Telecommunications regulatory authority].
 3. The procedure referred to in paragraphs 1 and 2 shall not preclude either party concerned
 from bringing an action before a judicial authority.
 Article SERVIN.5.27: Competitive safeguards on major suppliers
 Each Party shall introduce or maintain appropriate measures for the purpose of preventing suppliers
 of telecommunications networks or telecommunications services who, alone or together, are a
 major supplier from engaging in or continuing anti-competitive practices. These anti-competitive
 practices shall include in particular:
 (a) engaging in anti-competitive cross-subsidisation;
 (b) using information obtained from competitors with anti-competitive results; and
 (c) not making available to other services suppliers on a timely basis technical information about
 essential facilities and commercially relevant information which are necessary for them to
 provide services.
 Article SERVIN.5.28: Interconnection with major suppliers
 1. Each Party shall ensure that major suppliers of public telecommunications networks or
 public telecommunications services provide interconnection at any technically feasible point in the
 network. Such interconnection shall be provided:
 (a) under non-discriminatory terms and conditions (including as regards rates, technical
 standards, specifications, quality and maintenance) and of a quality no less favourable than
 118
 ---pagebreak--- that provided for the own like services of such major supplier, or for like services of its
 subsidiaries or other affiliates;
 (b) in a timely fashion, on terms and conditions (including as regards rates, technical standards,
 specifications, quality and maintenance) that are transparent, reasonable, having regard to
 economic feasibility, and sufficiently unbundled so that the supplier need not pay for network
 elements or facilities that it does not require for the service to be provided; and
 (c) upon request, at points in addition to the network termination points offered to the majority
 of users, subject to charges that reflect the cost of construction of necessary additional
 facilities.
 2. The procedures applicable for interconnection to a major supplier shall be made publicly
 available.
 3. Major suppliers shall make publicly available either their interconnection agreements or
 their reference interconnection offers as appropriate.
 Article SERVIN.5.29: Access to major suppliers’ essential facilities
 Each Party shall ensure that major suppliers in its territory make their essential facilities available to
 suppliers of telecommunications networks or telecommunications services on reasonable,
 transparent and non-discriminatory terms and conditions for the purpose of providing public
 telecommunications services, except where this is not necessary to achieve effective competition on
 the basis of the facts collected and the assessment of the market conducted by the
 telecommunications regulatory authority. The major supplier's essential facilities may include
 network elements, leased circuits services and associated facilities.
 Article SERVIN.5.30: Scarce resources
 1. Each Party shall ensure that the allocation and granting of rights of use of scarce resources,
 including radio spectrum, numbers and rights of way, is carried out in an open, objective, timely,
 transparent, non-discriminatory and proportionate manner and by taking into account general
 interest objectives. Procedures, and conditions and obligations attached to rights of use, shall be
 based on objective, transparent, non-discriminatory and proportionate criteria.
 2. The current use of allocated frequency bands shall be made publicly available, but detailed
 identification of radio spectrum allocated for specific government uses is not required.
 3. Parties may rely on market-based approaches, such as bidding procedures, to assign
 spectrum for commercial use.
 4. The Parties understand that measures of a Party allocating and assigning spectrum and
 managing frequency are not in and of themselves inconsistent with Articles SERVIN.2.2 [Market
 access] and SERVIN.3.2 [Market access]. Each Party retains the right to establish and apply spectrum
 and frequency management measures that may have the effect of limiting the number of suppliers
 of telecommunications services, provided that it does so in a manner consistent with this
 Agreement. This includes the ability to allocate frequency bands taking into account current and
 future needs and spectrum availability.
 Article SERVIN.5.31: Universal service
 119
 ---pagebreak--- 1. Each Party has the right to define the kind of universal service obligations it wishes to
 maintain and to decide on their scope and implementation.
 2. Each Party shall administer the universal service obligations in a proportionate, transparent,
 objective and non-discriminatory way, which is neutral with respect to competition and not more
 burdensome than necessary for the kind of universal service defined by the Party.
 3. Each Party shall ensure that procedures for the designation of universal service suppliers are
 open to all suppliers of public telecommunications networks or public telecommunications services.
 Such designation shall be made through an efficient, transparent and non-discriminatory
 mechanism.
 4. If a Party decides to compensate the universal service suppliers, it shall ensure that such
 compensation does not exceed the net cost caused by the universal service obligation.
 Article SERVIN.5.32: Number portability
 Each Party shall ensure that suppliers of public telecommunications services provide number
 portability on reasonable terms and conditions.
 Article SERVIN.5.33: Open Internet access
 1. Each Party shall ensure that, subject to its laws and regulations, suppliers of Internet access
 services enable users of those services to:
 (a) access and distribute information and content, use and provide applications and services of
 their choice, subject to non-discriminatory, reasonable, transparent and proportionate
 network management; and
 (b) use devices of their choice, provided that such devices do not harm the security of other
 devices, the network or services provided over the network.
 2. For greater certainty, nothing in this Article shall prevent the Parties from adopting
 measures with the aim of protecting public safety with regards to users online.
 Article SERVIN.5.34: Confidentiality of information
 1. Each Party shall ensure that suppliers that acquire information from another supplier in the
 process of negotiating arrangements pursuant to Articles SERVIN.5.24 [Interconnection],
 SERVIN.5.25 [Access and use], SERVIN.5.28 [Interconnection with major suppliers] and SERVIN.5.29
 [Access to major suppliers' essential facilities] use that information solely for the purpose for which
 it was supplied and respect at all times the confidentiality of information transmitted or stored.
 2. Each Party shall ensure the confidentiality of communications and related traffic data
 transmitted in the use of public telecommunications networks or public telecommunications
 services subject to the requirement that measures applied to that end do not constitute a means of
 arbitrary or unjustifiable discrimination or a disguised restriction on trade in services.
 Article SERVIN.5.35: Foreign shareholding
 With regard to the provision of telecommunications networks or telecommunications services
 through establishment and notwithstanding Article SERVIN.2.7 [Non-conforming measures and
 120
 ---pagebreak--- exceptions], a Party shall not impose joint venture requirements or limit the participation of foreign
 capital in terms of maximum percentage limits on foreign shareholding or the total value of
 individual or aggregate foreign investment.
 Article SERVIN.5.36: International mobile roaming28
 1. The Parties shall endeavour to cooperate on promoting transparent and reasonable rates for
 international mobile roaming services in ways that can help promote the growth of trade among the
 Parties and enhance consumer welfare.
 2. Parties may choose to take steps to enhance transparency and competition with respect to
 international mobile roaming rates and technological alternatives to roaming services, such as:
 (a) ensuring that information regarding retail rates is easily accessible to end users; and
 (b) minimising impediments to the use of technological alternatives to roaming, whereby end
 users visiting the territory of a Party from the territories of other Parties can access
 telecommunications services using the device of their choice.
 3. Each Party shall encourage suppliers of public telecommunications services in its territory to
 make publicly available information on retail rates for international mobile roaming services for
 voice, data and text messages offered to their end users when visiting the territory of the other
 Party.
 4. Nothing in this Article shall require a Party to regulate rates or conditions for international
 mobile roaming services.
 Section 5: Financial services
 Article SERVIN.5.37 Scope
 1. This Section applies to measures of a Party affecting the supply of financial services in
 addition to Chapters 1, 2, 3 and 4 of this Title, and to Sections 1 and 2 of this Chapter.
 2. For the purposes of this Section, the term "activities performed in the exercise of
 governmental authority" referred to in point (f) of Article SERVIN.1.2 [Definitions] means the
 following29:
 (a) activities conducted by a central bank or a monetary authority or by any other public entity in
 pursuit of monetary or exchange rate policies;
 (b) activities forming part of a statutory system of social security or public retirement plans; and
 28
 This Article does not apply to intra-European Union roaming services, which are commercial mobile
 services provided pursuant to a commercial agreement between suppliers of public
 telecommunications services that enable an end user to use its home mobile handset or other device
 for voice, data or messaging services in a Member State other than that in which the end user's home
 public telecommunications network is located.
 29
 For greater certainty, this modification applies to “services supplied in exercise of governmental
 authority” in point (o) of Article SERVIN.1.2 [Definitions] as it applies to “activities performed in the
 exercise of governmental authority” in point (f) of Article SERVIN.1.2 [Definitions].
 121
 ---pagebreak--- (c) other activities conducted by a public entity for the account or with the guarantee or using the
 financial resources of the Party or its public entities.
 3. For the purposes of the application of point (f) of Article SERVIN.1.2 [Definitions] to this
 Section, if a Party allows any of the activities referred to in points (b) or (c) of paragraph 2 of this
 Article to be conducted by its financial service suppliers in competition with a public entity or a
 financial service supplier, “activities performed in the exercise of governmental authority” does not
 include those activities.
 4. Point (a) of Article SERVIN.1.2 [Definitions] does not apply to services covered by this
 Section.
 Article SERVIN.5.38: Definitions
 For the purposes of this Title:
 (a) "financial service” means any service of a financial nature offered by a financial service
 supplier of a Party and includes the following activities:
 (i) insurance and insurance-related services:
 (A) direct insurance (including co-insurance):
 (aa) life;
 (bb) non-life;
 (B) reinsurance and retrocession;
 (C) insurance intermediation, such as brokerage and agency; and
 (D) services auxiliary to insurance, such as consultancy, actuarial, risk
 assessment and claim settlement services;
 (ii) banking and other financial services (excluding insurance):
 (A) acceptance of deposits and other repayable funds from the public;
 (B) lending of all types, including consumer credit, mortgage credit, factoring
 and financing of commercial transaction;
 (C) financial leasing;
 (D) all payment and money transmission services, including credit, charge and
 debit cards, travellers cheques and bankers drafts;
 (E) guarantees and commitments;
 (F) trading for own account or for account of customers, whether on an
 exchange, in an over-the-counter market or otherwise, the following:
 (aa) money market instruments (including cheques, bills, certificates of
 deposits);
 122
 ---pagebreak--- (bb) foreign exchange;
 (cc) derivative products including, but not limited to, futures and
 options;
 (dd) exchange rate and interest rate instruments, including products
 such as swaps, forward rate agreements;
 (ee) transferable securities; and
 (ff) other negotiable instruments and financial assets, including bullion;
 (G) participation in issues of all kinds of securities, including underwriting and
 placement as agent (whether publicly or privately) and provision of services
 related to such issues;
 (H) money broking;
 (I) asset management, such as cash or portfolio management, all forms of
 collective investment management, pension fund management, custodial,
 depository and trust services;
 (J) settlement and clearing services for financial assets, including securities,
 derivative products, and other negotiable instruments;
 (K) provision and transfer of financial information, and financial data processing
 and related software; and
 (L) advisory, intermediation and other auxiliary financial services on all the
 activities listed in points (A) to (K), including credit reference and analysis,
 investment and portfolio research and advice, advice on acquisitions and on
 corporate restructuring and strategy;
 (b) "financial service supplier" means any natural or legal person of a Party that seeks to supply or
 supplies financial services and does not include a public entity;
 (c) "new financial service" means a service of a financial nature including services related to
 existing and new products or the manner in which a product is delivered, that is not supplied
 by any financial service supplier in the territory of a Party but which is supplied in the territory
 of the other Party;
 (d) "public entity" means:
 (i) a government, a central bank or a monetary authority, of a Party, or an entity owned
 or controlled by a Party, that is principally engaged in carrying out governmental
 functions or activities for governmental purposes, not including an entity principally
 engaged in supplying financial services on commercial terms; or
 (ii) a private entity, performing functions normally performed by a central bank or
 monetary authority, when exercising those functions;
 123
 ---pagebreak--- (e) "self-regulatory organisation" means any non-governmental body, including a securities or
 futures exchange or market, clearing agency, other organisation or association, that exercises
 regulatory or supervisory authority over financial service suppliers by statute or delegation
 from central, regional or local governments or authorities, where applicable.
 Article SERVIN.5.39: Prudential carve-out
 1. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures for
 prudential reasons30, such as:
 (a) the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is
 owed by a financial service supplier; or
 (b) ensuring the integrity and stability of a Party’s financial system.
 2. Where such measures do not conform with the provisions of this Agreement, they shall not
 be used as a means of avoiding the Party’s commitments or obligations under the Agreement.
 Article SERVIN.5.40: Confidential information
 Without prejudice to Part Three [Law enforcement and judicial cooperation in criminal matters],
 nothing in this Agreement shall be construed to require a Party to disclose information relating to
 the affairs and accounts of individual consumers or any confidential or proprietary information in
 the possession of public entities.
 Article SERVIN.5.41: International standards
 The Parties shall make their best endeavours to ensure that internationally agreed standards in the
 financial services sector for regulation and supervision, for the fight against money laundering and
 terrorist financing and for the fight against tax evasion and avoidance, are implemented and applied
 in their territory. Such internationally agreed standards are, inter alia, those adopted by: the G20;
 the Financial Stability Board; the Basel Committee on Banking Supervision, in particular its “Core
 Principle for Effective Banking Supervision”; the International Association of Insurance Supervisors,
 in particular its “Insurance Core Principles”; the International Organisation of Securities
 Commissions, in particular its “Objectives and Principles of Securities Regulation”; the Financial
 Action Task Force; and the Global Forum on Transparency and Exchange of Information for Tax
 Purposes of the Organisation for Economic Cooperation and Development.
 Article SERVIN.5.42: Financial services new to the territory of a Party
 1. Each Party shall permit a financial service supplier of the other Party established in its
 territory to supply any new financial service that it would permit its own financial service suppliers to
 supply in accordance with its law in like situations, provided that the introduction of the new
 financial service does not require the adoption of a new law or the amendment of an existing law.
 This does not apply to branches of the other Party established in the territory of a Party.
 2. A Party may determine the institutional and legal form through which the service may be
 supplied and require authorisation for the supply of the service. Where such authorisation is
 30
 For greater certainty, this shall not prevent a Party from adopting or maintaining measures for
 prudential reasons in relation to branches established in its territory by legal persons in the other Party.
 124
 ---pagebreak--- required, a decision shall be made within a reasonable time and the authorisation may only be
 refused for prudential reasons.
 Article SERVIN.5.43: Self-regulatory organisations
 Where a Party requires membership of, participation in, or access to, any self-regulatory
 organisation in order for financial service suppliers of the other Party to supply financial services in
 its territory, the Party shall ensure observance by that self-regulatory organisation of the obligations
 under Articles SERVIN.2.3 [National treatment], SERVIN.2.4 [Most favoured nation treatment], and
 SERVIN.3.4 [National treatment] and SERVIN.3.5 [Most favoured nation treatment].
 Article SERVIN.5.44: Clearing and payment systems
 Under terms and conditions that accord national treatment, each Party shall grant to financial
 service suppliers of the other Party established in its territory access to payment and clearing
 systems operated by public entities, and to official funding and refinancing facilities available in the
 normal course of ordinary business. This Article does not confer access to the Party’s lender of last
 resort facilities.
 Section 6: International maritime transport services
 Article SERVIN.5.45: Scope and definitions
 1. This Section applies to measures of a Party affecting the supply of international maritime
 transport services in addition to Chapters 1, 2, 3, 4 and Section 1 of this Chapter.
 2. For the purposes of this Section and Chapters 1, 2, 3 and 4 of this Title:
 (a) "international maritime transport services" means the transport of passengers or cargo by
 sea-going vessels between a port of one Party and a port of the other Party or of a third
 country, or between ports of different Member States, including the direct contracting with
 providers of other transport services, with a view to covering door-to-door or multimodal
 transport operations under a single transport document, but does not include the right to
 provide such other transport services;
 (b) "door-to-door or multimodal transport operations" means the transport of international cargo
 using more than one mode of transport, that includes an international sea-leg, under a single
 transport document;
 (c) "international cargo" means cargo transported between a port of one Party and a port of the
 other Party or of a third country, or between ports of different Member States;
 (d) "maritime auxiliary services" means maritime cargo handling services, customs clearance
 services, container station and depot services, maritime agency services and, maritime freight
 forwarding services and storage and warehousing services;
 (e) "maritime cargo handling services" means activities exercised by stevedore companies,
 including terminal operators but not including the direct activities of dockers if the workforce
 is organised independently of the stevedoring or terminal operator companies; the activities
 covered include the organisation and supervision of:
 (i) loading or discharging of cargo to or from a ship;
 125
 ---pagebreak--- (ii) the lashing or unlashing of cargo; and
 (iii) the reception or delivery and safekeeping of cargoes before shipment or after
 discharge;
 (f) “customs clearance services" means activities consisting in carrying out, on behalf of another
 party, customs formalities concerning import, export or through transport of cargoes,
 irrespective of whether these services are the main activity of the service supplier or a usual
 complement of its main activity;
 (g) “container station and depot services" means activities that consist of storing, stuffing,
 stripping or repairing of containers and making containers available for shipment, whether in
 port areas or inland;
 (h) "maritime agency services" means activities that consist of representing, within a given
 geographic area, as an agent the business interests of one or more shipping lines or shipping
 companies, for the following purposes:
 (i) marketing and sales of maritime transport and related services, from quotation to
 invoicing, issuance of bills of lading on behalf of the lines or companies, acquisition
 and resale of the necessary related services, preparation of documentation and
 provision of business information; and
 (ii) acting on behalf of the lines or companies organising the call of the ship or taking over
 cargoes when required;
 (i) "feeder services" means, without prejudice to the scope of activities, which might be
 considered as cabotage under the relevant national legislation, the pre- and onward
 transportation by sea of international cargo, including containerised, break bulk and dry or
 liquid bulk cargo, between ports located in the territory of a Party, provided such international
 cargo is "en route", that is, directed to a destination, or coming from a port of shipment,
 outside the territory of that Party;
 (j) "maritime freight forwarding services" means the activity consisting of organising and
 monitoring shipment operations on behalf of shippers, through the arrangement of transport
 and related services, preparation of documentation and provision of business information;
 (k) "port services" means services provided inside a maritime port area or on the waterway
 access to such area by the managing body of a port, its subcontractors, or other service
 providers to support the transport of cargo or passengers; and
 (l) "storage and warehousing services" means storage services of frozen or refrigerated goods,
 bulk storage services of liquids or gases, and other storage or warehousing services.
 Article SERVIN.5.46: Obligations
 1. Without prejudice to non-conforming measures or other measures referred to in Articles
 SERVIN.2.7 [Non-conforming measures and exceptions] and SERVIN.3.6 [Non-conforming measures],
 each Party shall implement the principle of unrestricted access to the international maritime
 markets and trades on a commercial and non-discriminatory basis by:
 126
 ---pagebreak--- (a) according to ships flying the flag of the other Party, or operated by service suppliers of the
 other Party, treatment no less favourable than that accorded to its own ships with regard to,
 inter alia:
 (i) access to ports;
 (ii) the use of port infrastructure;
 (iii) the use of maritime auxiliary services; and
 (iv) customs facilities and the assignment of berths and facilities for loading and
 unloading; including related fees and charges;
 (b) making available to international maritime transport service suppliers of the other Party, on
 terms and conditions which are both reasonable and no less favourable than those applicable
 to its own suppliers or vessels or to vessels or suppliers of a third country (including fees and
 charges, specifications and quality of the service to be provided), the following port services:
 pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and
 ballast waste disposal, port captain’s services, navigation aids, emergency repair facilities,
 anchorage, berth, berthing and unberthing services and shore-based operational services
 essential to ship operations, including communications, water and electrical supplies;
 (c) permitting international maritime transport service suppliers of the other Party, subject to the
 authorisation by the competent authority where applicable, to re-position owned or leased
 empty containers, which are not being carried as cargo against payment, between ports of the
 United Kingdom or between ports of a Member State; and
 (d) permitting international maritime transport service suppliers of the other Party to provide
 feeder services between ports of the United Kingdom or between ports of a Member State,
 subject to the authorisation by the competent authority where applicable.
 2. In applying the principle referred to in paragraph 1, a Party shall:
 (a) not introduce cargo-sharing arrangements in future agreements with third countries
 concerning international maritime transport services, including dry and liquid bulk and liner
 trade, and terminate, within a reasonable period of time, such cargo-sharing arrangements in
 case they exist in previous agreements;
 (b) not adopt or maintain a measure that requires all or part of any international cargo to be
 transported exclusively by vessels registered in that Party or owned or controlled by natural
 persons of that Party;
 (c) abolish and abstain from introducing any unilateral measures or administrative, technical and
 other obstacles which could constitute a disguised restriction or have discriminatory effects
 on the free supply of international maritime transport services; and
 (d) not prevent international maritime transport service suppliers of the other Party from directly
 contracting with other transport service suppliers for door-to-door or multimodal transport
 operations.
 Section 7: Legal services
 127
 ---pagebreak--- Article SERVIN.5.47: Scope
 1. This Section applies to measures of a Party affecting the supply of designated legal services in
 addition to Chapters 1, 2, 3, 4 of this Title and to Sections 1 and 2 of this Chapter.
 2. Nothing in this Section shall affect the right of a Party to regulate and supervise the supply of
 designated legal services in its territory in a non-discriminatory manner.
 Article SERVIN.5.48: Definitions
 For the purposes of this Section:
 (a) "designated legal services" means legal services in relation to home jurisdiction law and public
 international law, excluding Union law;
 (b) "home jurisdiction" means the jurisdiction (or a part of the jurisdiction) of the Member State
 or of the United Kingdom in which a lawyer acquired their home jurisdiction professional title
 or, in the case of a lawyer who has acquired a home jurisdiction professional title in more than
 one jurisdiction, any of those jurisdictions;
 (c) "home jurisdiction law" means the law of the lawyer’s home jurisdiction31;
 (d) "home jurisdiction professional title" means:
 (i) for a lawyer of the Union, a professional title acquired in a Member State authorising the
 supply of legal services in that Member State; or
 (ii) for a lawyer of the United Kingdom, the title of advocate, barrister or solicitor, authorising
 the supply of legal services in any part of the jurisdiction of the United Kingdom;
 (e) "lawyer" means:
 (i) a natural person of the Union who is authorised in a Member State to supply legal services
 under a home jurisdiction professional title; or
 (ii) a natural person of the United Kingdom who is authorised in any part of the jurisdiction of
 the United Kingdom to supply legal services under a home jurisdiction professional title;
 (f) "lawyer of the other Party" means:
 (i) where "the other Party" is the Union, a lawyer referred to in point (e) (i); or
 (ii) where "the other Party" is the United Kingdom, a lawyer referred to in point (e) (ii); and
 (g) "legal services" means the following services:
 (i) legal advisory services; and
 (ii) legal arbitration, conciliation and mediation services (but excluding such services when
 supplied by natural persons as set out in Article SERVIN 4.1 [Scope and definitions].32
 31
 For greater certainty, for the purposes of this Title, European Union law is part of the home jurisdiction law
 of the lawyers referred to in point (e) (i) of Article SERVIN 5.48 [Definitions].
 32
 "Legal arbitration, conciliation and mediation services" means the preparation of documents to be
 submitted to, the preparation for and appearance before, an arbitrator, conciliator or mediator in any dispute
 involving the application and interpretation of law. It does not include arbitration, conciliation and mediation
 services in disputes not involving the application and interpretation of law, which fall under services incidental
 to management consulting. It also does not include acting as an arbitrator, conciliator or mediator. As a sub-
 category, international legal arbitration, conciliation or mediation services refers to the same services when
 the dispute involves parties from two or more countries.
 128
 ---pagebreak--- "Legal services" do not include legal representation before administrative agencies, the
 courts, and other duly constituted official tribunals of a Party, legal advisory and legal
 authorisation, documentation and certification services supplied by legal professionals
 entrusted with public functions in the administration of justice such as notaries, "huissiers de
 justice" or other "officiers publics et ministériels", and services supplied by bailiffs who are
 appointed by an official act of government.
 Article SERVIN.5.49: Obligations
 1. A Party shall allow a lawyer of the other Party to supply in its territory designated legal
 services under that lawyer’s home jurisdiction professional title in accordance with Articles SERVIN
 2.2 [Market access], SERVIN 2.3 [National treatment], SERVIN 3.2 [Market access], SERVIN 3.4
 [National treatment] and SERVIN 4.4. [Contractual service suppliers and independent professionals].
 2. Where a Party (the host jurisdiction) requires registration in its territory as a condition for a
 lawyer of the other Party to supply designated legal services pursuant to paragraph 1, the
 requirements and process for such registration shall not:
 (a) be less favourable than those which apply to a natural person of a third country who is
 supplying legal services in relation to third country law or public international law under
 that person’s third-country professional title in the territory of the host jurisdiction; and
 (b) amount to or be equivalent to any requirement to requalify into or be admitted to the legal
 profession of the host jurisdiction.
 3. Paragraph 4 applies to the provision of designated legal services pursuant to paragraph 1
 through establishment.
 4. A Party shall allow a legal person of the other Party to establish a branch in its territory
 through which designated legal services33 are supplied pursuant to paragraph 1, in accordance with
 and subject to the conditions set out in Chapter 2 [Investment Liberalisation] of this Title. This shall
 be without prejudice to requirements that a certain percentage of the shareholders, owners,
 partners, or directors of a legal person be qualified or practice a certain profession such as lawyers
 or accountants.
 Article SERVIN.5.50: Non-conforming measures
 1. Article 5.49 [Obligations] does not apply to:
 (a) any existing non-conforming measure of a Party at a level of:
 (i) for the Union:
 (A) the Union, as set out in the Schedule of the Union in Annex SERVIN-1 [Existing
 measures];
 (B) the central government of a Member State, as set out in the Schedule of the Union in
 Annex SERVIN-1 [Existing measures];
 (C) a regional government of a Member State, as set out in the Schedule of the Union in
 Annex SERVIN-1 [Existing measures]; or
 33
 For greater certainty, for the purposes of this paragraph “designated legal services” means, for services
 supplied in the Union, legal services in relation to the law of the United Kingdom or any part of it and public
 international law (excluding Union law), and for services supplied in the United Kingdom, legal services in
 relation to the law of the Member States (including Union law) and public international law (excluding Union
 law).
 129
 ---pagebreak--- (D) a local government, other than that referred to in point (C); and
 (ii) for the United Kingdom:
 (A) the central government, as set out in the Schedule of the United Kingdom in Annex
 SERVIN-1 [Existing measures];
 (B) a regional government, as set out in the Schedule of the United Kingdom in Annex
 SERVIN-1 [Existing measures]; or
 (C) a local government;
 (b) the continuation or prompt renewal of any non-conforming measure referred to in point (a);
 or
 (c) a modification to any non-conforming measure referred to in points (a) and (b) to the extent
 that it does not decrease the conformity of the measure as it existed immediately before the
 modification with Article SERVIN 5.49 [Obligations].
 2. Article SERVIN 5.49 [Obligations] does not apply to any measure of a Party which is
 consistent with the reservations, conditions or qualifications specified with respect to a sector,
 subsector or activity listed in Annex SERVIN-2 [Future Measures].
 3. This Section applies without prejudice to Annex SERVIN-4 [Contractual service suppliers and
 independent professionals].
 TITLE III: DIGITAL TRADE
 Chapter 1: General provisions
 Article DIGIT.1 Objective
 The objective of this Title is to facilitate digital trade, to address unjustified barriers to trade enabled
 by electronic means and to ensure an open, secure and trustworthy online environment for
 businesses and consumers.
 Article DIGIT.2 Scope
 1. This Title applies to measures of a Party affecting trade enabled by electronic means.
 2. This Title does not apply to audio-visual services.
 Article DIGIT.3 Right to regulate
 The Parties reaffirm the right to regulate within their territories to achieve legitimate policy
 objectives, such as the protection of public health, social services, public education, safety, the
 environment including climate change, public morals, social or consumer protection, privacy and
 data protection, or the promotion and protection of cultural diversity.
 Article DIGIT.4 Exceptions
 For greater certainty, nothing in this Title prevents the Parties from adopting or maintaining
 measures in accordance with Article EXC.1 [General exceptions], Article EXC.4 [Security exceptions]
 and Article SERVIN.5.39 [Prudential carve-out] for the public interest reasons set out therein.
 130
 ---pagebreak--- Article DIGIT.5 Definitions
 1. The definitions in Article SERVIN.1.2 [Definitions] of Title II [Services and investment] of this
 Heading apply to this Title.
 2. For the purposes of this Title:
 (a) "consumer" means any natural person using a public telecommunications service for other
 than professional purposes;
 (b) "direct marketing communication" means any form of commercial advertising by which a
 natural or legal person communicates marketing messages directly to a user via a public
 telecommunications service and covers at least electronic mail and text and multimedia
 messages (SMS and MMS);
 (c) "electronic authentication" means an electronic process that enables the confirmation of:
 (i) the electronic identification of a natural or legal person, or
 (ii) the origin and integrity of data in electronic form;
 (d) "electronic registered delivery service" means a service that makes it possible to transmit data
 between third parties by electronic means and provides evidence relating to the handling of
 the transmitted data, including proof of sending and receiving the data, and that protects
 transmitted data against the risk of loss, theft, damage or any unauthorised alterations;
 (e) "electronic seal" means data in electronic form used by a legal person which is attached to or
 logically associated with other data in electronic form to ensure the latter’s origin and
 integrity;
 (f) "electronic signature" means data in electronic form which is attached to or logically
 associated with other data in electronic form that:
 (i) is used by a natural person to agree on the data in electronic form to which it relates;
 and
 (ii) is linked to the data in electronic form to which it relates in such a way that any
 subsequent alteration in the data is detectable;
 (g) "electronic time stamp" means data in electronic form which binds other data in electronic
 form to a particular time establishing evidence that the latter data existed at that time;
 (h) "electronic trust service" means an electronic service consisting of:
 (i) the creation, verification and validation of electronic signatures, electronic seals,
 electronic time stamps, electronic registered delivery services and certificates related
 to those services;
 (ii) the creation, verification and validation of certificates for website authentication; or
 (iii) the preservation of electronic signatures, seals or certificates related to those services;
 131
 ---pagebreak--- (i) "government data" means data owned or held by any level of government and by non-
 governmental bodies in the exercise of powers conferred on them by any level of government;
 (j) "public telecommunications service" means any telecommunications service that is offered to
 the public generally;
 (k) "user" means any natural or legal person using a public telecommunications service.
 Chapter 2: Data flows and personal data protection
 Article DIGIT.6 Cross-border data flows
 1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the
 digital economy. To that end, cross-border data flows shall not be restricted between the Parties by
 a Party:
 (a) requiring the use of computing facilities or network elements in the Party's territory for
 processing, including by imposing the use of computing facilities or network elements that are
 certified or approved in the territory of a Party;
 (b) requiring the localisation of data in the Party's territory for storage or processing;
 (c) prohibiting the storage or processing in the territory of the other Party; or
 (d) making the cross-border transfer of data contingent upon use of computing facilities or
 network elements in the Parties' territory or upon localisation requirements in the Parties'
 territory.
 2. The Parties shall keep the implementation of this provision under review and assess its
 functioning within three years of the date of entry into force of this Agreement. A Party may at any
 time propose to the other Party to review the list of restrictions listed in paragraph 1. Such a request
 shall be accorded sympathetic consideration.
 Article DIGIT.7 Protection of personal data and privacy
 1. Each Party recognises that individuals have a right to the protection of personal data and
 privacy and that high standards in this regard contribute to trust in the digital economy and to the
 development of trade.
 2. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures on
 the protection of personal data and privacy, including with respect to cross-border data transfers,
 provided that the law of the Party provides for instruments enabling transfers under conditions of
 general application34 for the protection of the data transferred.
 3. Each Party shall inform the other Party about any measure referred to in paragraph 2 that it
 adopts or maintains.
 34
 For greater certainty, “conditions of general application” refer to conditions formulated in objective
 terms that apply horizontally to an unidentified number of economic operators and thus cover a range
 of situations and cases.
 132
 ---pagebreak--- Chapter 3: Specific provisions
 Article DIGIT.8 Customs duties on electronic transmissions
 1. Electronic transmissions shall be considered as the supply of a service within the meaning of
 Title II [Services and investment] of this Heading.
 2. The Parties shall not impose customs duties on electronic transmissions.
 Article DIGIT.9 No prior authorisation
 1. A Party shall not require prior authorisation of the provision of a service by electronic means
 solely on the ground that the service is provided online, and shall not adopt or maintain any other
 requirement having an equivalent effect.
 A service is provided online when it is provided by electronic means and without the parties being
 simultaneously present.
 2. Paragraph 1 does not apply to telecommunications services, broadcasting services, gambling
 services, legal representation services or to the services of notaries or equivalent professions to the
 extent that they involve a direct and specific connection with the exercise of public authority.
 Article DIGIT.10: Conclusion of contracts by electronic means
 1. Each Party shall ensure that contracts may be concluded by electronic means and that its
 law neither creates obstacles for the use of electronic contracts nor results in contracts being
 deprived of legal effect and validity solely on the ground that the contract has been made by
 electronic means.
 2. Paragraph 1 does not apply to the following:
 (a) broadcasting services;
 (b) gambling services;
 (c) legal representation services;
 (d) the services of notaries or equivalent professions involving a direct and specific connection
 with the exercise of public authority;
 (e) contracts that require witnessing in person;
 (f) contracts that establish or transfer rights in real estate;
 (g) contracts requiring by law the involvement of courts, public authorities or professions
 exercising public authority;
 (h) contracts of suretyship granted, collateral securities furnished by persons acting for purposes
 outside their trade, business or profession; or
 (i) contracts governed by family law or by the law of succession.
 133
 ---pagebreak--- Article DIGIT.11 Electronic authentication and electronic trust services
 1. A Party shall not deny the legal effect and admissibility as evidence in legal proceedings of an
 electronic document, an electronic signature, an electronic seal or an electronic time stamp, or of
 data sent and received using an electronic registered delivery service, solely on the ground that it is
 in electronic form.
 2. A Party shall not adopt or maintain measures that would:
 (a) prohibit parties to an electronic transaction from mutually determining the appropriate
 electronic authentication methods for their transaction; or
 (b) prevent parties to an electronic transaction from being able to prove to judicial and
 administrative authorities that the use of electronic authentication or an electronic trust
 service in that transaction complies with the applicable legal requirements.
 3. Notwithstanding paragraph 2, a Party may require that for a particular category of
 transactions, the method of electronic authentication or trust service is certified by an authority
 accredited in accordance with its law or meets certain performance standards which shall be
 objective, transparent and non-discriminatory and only relate to the specific characteristics of the
 category of transactions concerned.
 Article DIGIT.12: Transfer of or access to source code
 1. A Party shall not require the transfer of, or access to, the source code of software owned by
 a natural or legal person of the other Party.
 2. For greater certainty:
 (a) the general exceptions, security exceptions and prudential carve-out referred to in Article
 DIGIT.4 [Exceptions] apply to measures of a Party adopted or maintained in the context of a
 certification procedure; and
 (b) paragraph 1 of this Article does not apply to the voluntary transfer of, or granting of access to,
 source code on a commercial basis by a natural or legal person of the other Party, such as in
 the context of a public procurement transaction or a freely negotiated contract.
 3. Nothing in this Article shall affect:
 (a) a requirement by a court or administrative tribunal, or a requirement by a competition
 authority pursuant to a Party’s competition law to prevent or remedy a restriction or a
 distortion of competition;
 (b) a requirement by a regulatory body pursuant to a Party’s laws or regulations related to the
 protection of public safety with regard to users online, subject to safeguards against
 unauthorised disclosure;
 (c) the protection and enforcement of intellectual property rights; and
 (d) the right of a Party to take measures in accordance with Article III of the GPA as incorporated
 by Article PPROC.2 [Incorporation of certain provisions of the GPA and covered procurement]
 of Title VI [Public procurement] of this Heading.
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 ---pagebreak--- Article DIGIT.13 Online consumer trust
 1. Recognising the importance of enhancing consumer trust in digital trade, each Party shall
 adopt or maintain measures to ensure the effective protection of consumers engaging in electronic
 commerce transactions, including but not limited to measures that:
 (a) proscribe fraudulent and deceptive commercial practices;
 (b) require suppliers of goods and services to act in good faith and abide by fair commercial
 practices, including through the prohibition of charging consumers for unsolicited goods and
 services;
 (c) require suppliers of goods or services to provide consumers with clear and thorough
 information, including when they act through intermediary service suppliers, regarding their
 identity and contact details, the transaction concerned, including the main characteristics of
 the goods or services and the full price inclusive of all applicable charges, and the applicable
 consumer rights (in the case of intermediary service suppliers, this includes enabling the
 provision of such information by the supplier of goods or services); and
 (d) grant consumers access to redress for breaches of their rights, including a right to remedies if
 goods or services are paid for and are not delivered or provided as agreed.
 2. The Parties recognise the importance of entrusting their consumer protection agencies or
 other relevant bodies with adequate enforcement powers and the importance of cooperation
 between these agencies in order to protect consumers and enhance online consumer trust.
 Article DIGIT.14 Unsolicited direct marketing communications
 1. Each Party shall ensure that users are effectively protected against unsolicited direct
 marketing communications.
 2. Each Party shall ensure that direct marketing communications are not sent to users who are
 natural persons unless they have given their consent in accordance with each Party's laws to
 receiving such communications.
 3. Notwithstanding paragraph 2, a Party shall allow natural or legal persons who have
 collected, in accordance with conditions laid down in the law of that Party, the contact details of a
 user in the context of the supply of goods or services, to send direct marketing communications to
 that user for their own similar goods or services.
 4. Each Party shall ensure that direct marketing communications are clearly identifiable as
 such, clearly disclose on whose behalf they are made and contain the necessary information to
 enable users to request cessation free of charge and at any moment.
 5. Each Party shall provide users with access to redress against suppliers of direct marketing
 communications that do not comply with the measures adopted or maintained pursuant to
 paragraphs 1 to 4.
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 ---pagebreak--- Article DIGIT.15 Open government data
 1. The Parties recognise that facilitating public access to, and use of, government data
 contributes to stimulating economic and social development, competitiveness, productivity and
 innovation.
 2. To the extent that a Party chooses to make government data accessible to the public, it shall
 endeavour to ensure, to the extent practicable, that the data:
 (a) is in a format that allows it to be easily searched, retrieved, used, reused, and redistributed;
 (b) is in a machine-readable and spatially-enabled format;
 (c) contains descriptive metadata, which is as standard as possible;
 (d) is made available via reliable, user-friendly and freely available Application Programming
 Interfaces;
 (e) is regularly updated;
 (f) is not subject to use conditions that are discriminatory or that unnecessarily restrict re-use;
 and
 (g) is made available for re-use in full compliance with the Parties’ respective personal data
 protection rules.
 3. The Parties shall endeavour to cooperate to identify ways in which each Party can expand
 access to, and use of, government data that the Party has made public, with a view to enhancing and
 generating business opportunities, beyond its use by the public sector.
 Article DIGIT.16 Cooperation on regulatory issues with regard to digital trade
 1. The Parties shall exchange information on regulatory matters in the context of digital trade,
 which shall address the following:
 (a) the recognition and facilitation of interoperable electronic trust and authentication services;
 (b) the treatment of direct marketing communications;
 (c) the protection of consumers; and
 (d) any other matter relevant for the development of digital trade, including emerging
 technologies.
 2. Paragraph 1 shall not apply to a Party’s rules and safeguards for the protection of personal
 data and privacy, including on cross-border transfers of personal data.
 Article DIGIT.17 - Understanding on computer services
 1. The Parties agree that, for the purpose of liberalising trade in services and investment in
 accordance with Title II [Services and Investment] of this Heading, the following services shall be
 considered as computer and related services, regardless of whether they are delivered via a
 network, including the Internet:
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 ---pagebreak--- (a) consulting, adaptation, strategy, analysis, planning, specification, design, development,
 installation, implementation, integration, testing, debugging, updating, support, technical
 assistance or management of or for computers or computer systems;
 (b) computer programmes defined as the sets of instructions required to make computers work
 and communicate (in and of themselves), as well as consulting, strategy, analysis, planning,
 specification, design, development, installation, implementation, integration, testing,
 debugging, updating, adaptation, maintenance, support, technical assistance, management or
 use of or for computer programmes;
 (c) data processing, data storage, data hosting or database services;
 (d) maintenance and repair services for office machinery and equipment, including computers;
 and
 (e) training services for staff of clients, related to computer programmes, computers or computer
 systems, and not elsewhere classified.
 For greater certainty, services enabled by computer and related services, other than those listed in
 paragraph 1, shall not be regarded as computer and related services in themselves.
 TITLE IV: CAPITAL MOVEMENTS, PAYMENTS, TRANSFERS AND TEMPORARY SAFEGUARD MEASURES
 Article CAP.1: Objectives
 The objective of this Title is to enable the free movement of capital and payments related to
 transactions liberalised under this Agreement.
 Article CAP.2: Current account
 Each Party shall allow, in freely convertible currency and in accordance with the Articles of
 Agreement of the International Monetary Fund, any payments and transfers with respect to
 transactions on the current account of the balance of payments that fall within the scope of this
 Agreement.
 Article CAP.3: Capital movements
 1. Each Party shall allow, with regard to transactions on the capital and financial account of the
 balance of payments, the free movement of capital for the purpose of liberalisation of investment
 and other transactions as provided for in Title II [Services and Investment] of this Heading.
 2. The Parties shall consult each other in the Trade Specialised Committee on Services,
 Investment and Digital Trade to facilitate the movement of capital between them in order to
 promote trade and investment.
 Article CAP.4: Measures affecting capital movements, payments or transfers
 1. Articles CAP.2 [Current account] and CAP.3 [Capital movements] shall not be construed as
 preventing a Party from applying its laws and regulations relating to:
 (a) bankruptcy, insolvency, or the protection of the rights of creditors;
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 ---pagebreak--- (b) issuing, trading or dealing in securities, or futures, options and other financial instruments;
 (c) financial reporting or record keeping of capital movements, payments or transfers where
 necessary to assist law enforcement or financial regulatory authorities;
 (d) criminal or penal offences, deceptive or fraudulent practices;
 (e) ensuring compliance with orders or judgments in judicial or administrative proceedings; or
 (f) social security, public retirement or compulsory savings schemes.
 2. The laws and regulations referred to in paragraph 1 shall not be applied in an arbitrary or
 discriminatory manner, or otherwise constitute a disguised restriction on capital movements,
 payments or transfers.
 Article CAP.5: Temporary safeguard measures
 1. In exceptional circumstances of serious difficulties for the operation of the Union's economic
 and monetary union, or threat thereof, the Union may adopt or maintain safeguard measures with
 regard to capital movements, payments or transfers for a period not exceeding six months.
 2. The measures referred to in paragraph 1 shall be limited to the extent that is strictly
 necessary.
 Article CAP.6: Restrictions in case of balance of payments and external financing difficulties
 1. If a Party experiences serious balance of payments or external financial difficulties, or threat
 thereof, it may adopt or maintain restrictive measures with regard to capital movements, payments
 or transfers35.
 2. The measures referred to in paragraph 1 shall:
 (a) be consistent with the Articles of Agreement of the International Monetary Fund;
 (b) not exceed those necessary to deal with the circumstances described in paragraph 1;
 (c) be temporary and be phased out progressively as the situation specified in paragraph 1
 improves;
 (d) avoid unnecessary damage to the commercial, economic and financial interests of the other
 Party; and
 (e) be non-discriminatory as compared with third countries in like situations.
 3. In the case of trade in goods, each Party may adopt or maintain restrictive measures in order
 to safeguard its external financial position or balance of payments. Those measures shall be in
 accordance with GATT 1994 and the Understanding on the Balance of Payments provisions of the
 General Agreement on Tariffs and Trade 1994.
 35
 For greater certainty, serious balance of payments or external financial difficulties, or threat thereof,
 may be caused among other factors by serious difficulties related to monetary or exchange rate policies, or
 threat thereof.
 138
 ---pagebreak--- 4. In the case of trade in services, each Party may adopt or maintain restrictive measures in
 order to safeguard its external financial position or balance of payments. Those measures shall be in
 accordance with Article XII of GATS.
 5. A Party maintaining or having adopted measures referred to in paragraphs 1 and 2 shall
 promptly notify them to the other Party.
 6. If a Party adopts or maintains restrictions under this Article, the Parties shall promptly hold
 consultations in the Trade Specialised Committee on Services, Investment and Digital Trade unless
 consultations are held in other fora. That Committee shall assess the balance of payments or external
 financial difficulty that led to the respective measures, taking into account factors such as:
 (a) the nature and extent of the difficulties;
 (b) the external economic and trading environment; and
 (c) alternative corrective measures which may be available.
 7. The consultations under paragraph 6 shall address the compliance of any restrictive
 measures with paragraphs 1 and 2. All relevant findings of a statistical or factual nature presented by
 the International Monetary Fund, where available, shall be accepted and conclusions shall take into
 account the assessment by the International Monetary Fund of the balance of payments and the
 external financial situation of the Party concerned.
 TITLE V: INTELLECTUAL PROPERTY
 Chapter 1: General provisions
 Article IP.1: Objectives
 The objectives of this Title are to:
 (a) facilitate the production, provision and commercialisation of innovative and creative products
 and services between the Parties by reducing distortions and impediments to such trade,
 thereby contributing to a more sustainable and inclusive economy; and
 (b) ensure an adequate and effective level of protection and enforcement of intellectual property
 rights.
 Article IP.2: Scope
 1. This Title shall complement and further specify the rights and obligations of each Party
 under the TRIPS Agreement and other international treaties in the field of intellectual property to
 which they are parties.
 2. This Title does not preclude either Party from introducing more extensive protection and
 enforcement of intellectual property rights than required under this Title, provided that such
 protection and enforcement does not contravene this Title.
 Article IP.3: Definitions
 For the purposes of this Title, the following definitions apply:
 139
 ---pagebreak--- (a) "Paris Convention" means the Paris Convention for the Protection of Industrial Property of 20
 March 1883, as last revised at Stockholm on 14 July 1967;
 (b) "Berne Convention" means the Berne Convention for the Protection of Literary and Artistic
 Works of 9 September 1886 revised at Paris on 24 July 1971 and amended on 28 September
 1979;
 (c) "Rome Convention" means the International Convention for the Protection of Performers,
 Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961;
 (d) "WIPO" means the World Intellectual Property Organisation;
 (e) "intellectual property rights" means all categories of intellectual property that are covered by
 Articles IP.7 [Authors] to IP.37 [Protection of plant varieties rights] of this Title or Sections 1 to
 7 of Part II of the TRIPS Agreement. The protection of intellectual property includes protection
 against unfair competition as referred to in Article 10bis of the Paris Convention;
 (f) "national" means, in respect of the relevant intellectual property right, a person of a Party
 that would meet the criteria for eligibility for protection provided for in the TRIPS Agreement
 and multilateral agreements concluded and administered under the auspices of WIPO, to
 which a Party is a contracting party.
 Article IP.4: International agreements
 1. The Parties affirm their commitment to comply with the international agreements to which
 they are party:
 (a) the TRIPS Agreement;
 (b) the Rome Convention;
 (c) the Berne Convention;
 (d) the WIPO Copyright Treaty, adopted at Geneva on 20 December 1996;
 (e) the WIPO Performances and Phonograms Treaty, adopted at Geneva on 20 December 1996;
 (f) the Protocol Relating to the Madrid Agreement Concerning the International Registration of
 Marks, adopted at Madrid on 27 June 1989, as last amended on 12 November 2007;
 (g) the Trademark Law Treaty, adopted at Geneva on 27 October 1994;
 (h) the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,
 Visually Impaired or Otherwise Print Disabled, adopted at Marrakesh on 27 June 2013;
 (i) the Geneva Act of the Hague Agreement Concerning the International Registration of
 Industrial Designs, adopted at Geneva on 2 July 1999.
 2. Each Party shall make all reasonable efforts to ratify or accede to the following international
 agreements:
 (a) the Beijing Treaty on Audiovisual Performances, adopted at Beijing on 24 June 2012;
 140
 ---pagebreak--- (b) the Singapore Treaty on the Law of Trademarks adopted at Singapore on 27 March 2006.
 Article IP.5: Exhaustion
 This Title does not affect the freedom of the parties to determine whether and under what
 conditions the exhaustion of intellectual property rights applies.
 Article IP.6: National treatment
 1. In respect of all categories of intellectual property covered by this Title, each Party shall
 accord to the nationals of the other Party treatment no less favourable than the treatment it accords
 to its own nationals with regard to the protection of intellectual property subject where applicable
 to the exceptions already provided for in, respectively, the Paris Convention, the Berne Convention,
 the Rome Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits, done
 at Washington on 26 May 1989. In respect of performers, producers of phonograms and
 broadcasting organisations, this obligation only applies in respect of the rights provided for under
 this Agreement.
 2. For the purposes of paragraph 1 of this Article, "protection" shall include matters affecting
 the availability, acquisition, scope, maintenance, and enforcement of intellectual property rights as
 well as matters affecting the use of intellectual property rights specifically addressed in this Title,
 including measures to prevent the circumvention of effective technological measures as referred to
 in Article IP.16 [Protection of technological measures] and measures concerning rights management
 information as referred to in Article IP.17 [Obligations concerning rights management information].
 3. A Party may avail itself of the exceptions permitted pursuant to paragraph 1 in relation to its
 judicial and administrative procedures, including requiring a national of the other Party to designate
 an address for service in its territory, or to appoint an agent in its territory, if such exceptions are:
 (a) necessary to secure compliance with the Party’s laws or regulations which are not inconsistent
 with this Title; or
 (b) not applied in a manner which would constitute a disguised restriction on trade.
 4. Paragraph 1 does not apply to procedures provided in multilateral agreements concluded
 under the auspices of WIPO relating to the acquisition or maintenance of intellectual property rights.
 Chapter 2: Standards concerning intellectual property rights
 Section 1: Copyright and related rights
 Article IP.7: Authors
 Each Party shall provide authors with the exclusive right to authorise or prohibit:
 (a) direct or indirect, temporary or permanent reproduction by any means and in any form, in
 whole or in part, of their works;
 (b) any form of distribution to the public by sale or otherwise of the original of their works or of
 copies thereof;
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 ---pagebreak--- (c) any communication to the public of their works by wire or wireless means, including the
 making available to the public of their works in such a way that members of the public may
 access them from a place and at a time individually chosen by them;
 (d) the commercial rental to the public of originals or copies of their works; each Party may
 provide that this point does not apply to buildings or works of applied art.
 Article IP.8: Performers
 Each Party shall provide performers with the exclusive right to authorise or prohibit:
 (a) the fixation of their performances;
 (b) the direct or indirect, temporary or permanent reproduction by any means and in any form, in
 whole or in part, of fixations of their performances;
 (c) the distribution to the public, by sale or otherwise, of the fixations of their performances;
 (d) the making available to the public of fixations of their performances, by wire or wireless
 means, in such a way that members of the public may access them from a place and at a time
 individually chosen by them;
 (e) the broadcasting by wireless means and the communication to the public of their
 performances, except where the performance is itself already a broadcast performance or is
 made from a fixation;
 (f) the commercial rental to the public of the fixation of their performances.
 Article IP.9: Producers of phonograms
 Each Party shall provide phonogram producers with the exclusive right to authorise or prohibit:
 (a) the direct or indirect, temporary or permanent, reproduction by any means and in any form,
 in whole or in part, of their phonograms;
 (b) the distribution to the public, by sale or otherwise, of their phonograms, including copies
 thereof;
 (c) the making available to the public of their phonograms, by wire or wireless means, in such a
 way that members of the public may access them from a place and at a time individually
 chosen by them;
 (d) the commercial rental of their phonograms to the public.
 Article IP.10: Broadcasting organisations
 Each Party shall provide broadcasting organisations with the exclusive right to authorise or prohibit:
 (a) the fixation of their broadcasts, whether these broadcasts are transmitted by wire or over the
 air, including by cable or satellite;
 142
 ---pagebreak--- (b) the direct or indirect, temporary or permanent reproduction by any means and in any form, in
 whole or in part, of fixations of their broadcasts, whether those broadcasts are transmitted by
 wire or over the air, including by cable or satellite;
 (c) the making available to the public, by wire or wireless means, of fixations of their broadcasts,
 whether those broadcasts are transmitted by wire or over the air, including by cable or
 satellite, in such a way that members of the public may access them from a place and at a
 time individually chosen by them;
 (d) the distribution to the public, by sale or otherwise, of fixations, including copies thereof, of
 their broadcasts, whether these broadcasts are transmitted by wire or over the air, including
 by cable or satellite;
 (e) the rebroadcasting of their broadcasts by wireless means, as well as the communication to the
 public of their broadcasts if such communication is made in places accessible to the public
 against payment of an entrance fee.
 Article IP.11: Broadcasting and communication to the public of phonograms published for
 commercial purposes
 1. Each Party shall provide a right in order to ensure that a single equitable remuneration is
 paid by the user to the performers and producers of phonograms, if a phonogram published for
 commercial purposes, or a reproduction of such phonogram, is used for broadcasting or any
 communication to the public.
 2. Each Party shall ensure that the single equitable remuneration is shared between the
 relevant performers and phonogram producers. Each Party may enact legislation that, in the
 absence of an agreement between performers and producers of phonograms, sets the terms
 according to which performers and producers of phonograms shall share the single equitable
 remuneration.
 3. Each Party may grant more extensive rights, as regards the broadcasting and communication
 to the public of phonograms published for commercial purposes, to performers and producers of
 phonograms.
 Article IP.12: Term of protection
 1. The rights of an author of a work shall run for the life of the author and for 70 years after the
 author’s death, irrespective of the date when the work is lawfully made available to the public.
 2. For the purpose of implementing paragraph 1, each Party may provide for specific rules on
 the calculation of the term of protection of musical composition with words, works of joint
 authorship as well as cinematographic or audiovisual works. Each Party may provide for specific
 rules on the calculation of the term of protection of anonymous or pseudonymous works.
 3. The rights of broadcasting organisations shall expire 50 years after the first transmission of a
 broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or
 satellite.
 4. The rights of performers for their performances otherwise than in phonograms shall expire
 50 years after the date of the fixation of the performance or, if lawfully published or lawfully
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 ---pagebreak--- communicated to the public during this time, 50 years from the first such publication or
 communication to the public, whichever is the earlier.
 5. The rights of performers for their performances fixed in phonograms shall expire 50 years
 after the date of fixation of the performance or, if lawfully published or lawfully communicated to
 the public during this time, 70 years from such act, whichever is the earlier.
 6. The rights of producers of phonograms shall expire 50 years after the fixation is made or, if
 lawfully published to the public during this time, 70 years from such publication. In the absence of a
 lawful publication, if the phonogram has been lawfully communicated to the public during this time,
 the term of protection shall be 70 years from such act of communication. Each Party may provide for
 effective measures in order to ensure that the profit generated during the 20 years of protection
 beyond 50 years is shared fairly between the performers and the producers of phonograms.
 7. The terms laid down in this Article shall be counted from the first of January of the year
 following the year of the event which gives rise to them.
 8. Each Party may provide for longer terms of protection than those provided for in this Article.
 Article IP.13: Resale right
 1. Each Party shall provide, for the benefit of the author of an original work of graphic or plastic
 art, a resale right, to be defined as an inalienable right, which cannot be waived, even in advance, to
 receive a royalty based on the sale price obtained for any resale of the work, subsequent to the first
 transfer of the work by the author.
 2. The right referred to in paragraph 1 shall apply to all acts of resale involving as sellers,
 buyers or intermediaries art market professionals, such as salesrooms, art galleries and, in general,
 any dealers in works of art.
 3. Each Party may provide that the right referred to in paragraph 1 shall not apply to acts of
 resale, where the seller has acquired the work directly from the author less than three years before
 that resale and where the resale price does not exceed a certain minimum amount.
 4. The procedure for collection of the remuneration and their amounts shall be determined by
 the law of each Party.
 Article IP.14: Collective management of rights
 1. The Parties shall promote cooperation between their respective collective management
 organisations for the purpose of fostering the availability of works and other protected subject
 matter in their respective territories and the transfer of rights revenue between the respective
 collective management organisations for the use of such works or other protected subject matter.
 2. The Parties shall promote the transparency of collective management organisations, in
 particular regarding the rights revenue they collect, the deductions they apply to the rights revenue
 they collect, the use of the rights revenue collected, the distribution policy and their repertoire.
 3. The Parties shall endeavour to facilitate arrangements between their respective collective
 management organisations on non-discriminatory treatment of right holders whose rights these
 organisations manage under representation agreements.
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 ---pagebreak--- 4. The Parties shall cooperate to support the collective management organisations established
 in their territory and representing another collective management organisation established in the
 territory of the other Party by way of a representation agreement with a view to ensuring that they
 accurately, regularly and diligently pay amounts owed to the represented collective management
 organisations and provide the represented collective management organisation with the information
 on the amount of rights revenue collected on its behalf and any deductions made to that rights
 revenue.
 Article IP.15 Exceptions and limitations
 Each Party shall confine limitations or exceptions to the rights set out in Articles IP.7 [Authors] to
 IP.11 Article [Broadcasting and communication to the public of phonograms published for
 commercial purposes] to certain special cases which do not conflict with a normal exploitation of the
 work or other subject-matter and do not unreasonably prejudice the legitimate interests of the right
 holders.
 Article IP.16: Protection of technological measures
 1. Each Party shall provide adequate legal protection against the circumvention of any effective
 technological measures, which the person concerned carries out in the knowledge, or with
 reasonable grounds to know, that he or she is pursuing that objective. Each Party may provide for a
 specific regime for legal protection of technological measures used to protect computer programs.
 2. Each Party shall provide adequate legal protection against the manufacture, import,
 distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of
 devices, products or components or the provision of services which:
 (a) are promoted, advertised or marketed for the purpose of circumvention of;
 (b) have only a limited commercially significant purpose or use other than to circumvent; or
 (c) are primarily designed, produced, adapted or performed for the purpose of enabling or
 facilitating the circumvention of, any effective technological measures.
 3. For the purposes of this Section, the expression "technological measures" means any
 technology, device or component that, in the normal course of its operation, is designed to prevent
 or restrict acts, in respect of works or other subject-matter, which are not authorised by the right
 holder of any copyright or related right covered by this Section. Technological measures shall be
 deemed "effective" where the use of a protected work or other subject matter is controlled by the
 right holders through application of an access control or protection process, such as encryption,
 scrambling or other transformation of the work or other subject-matter or a copy control
 mechanism, which achieves the protection objective.
 4. Notwithstanding the legal protection provided for in paragraph 1 of this Article, each Party
 may take appropriate measures, as necessary, to ensure that the adequate legal protection against
 the circumvention of effective technological measures provided for in accordance with this Article
 does not prevent beneficiaries of exceptions or limitations provided for in accordance with Article
 IP.15 [Exceptions and limitations] from enjoying such exceptions or limitations.
 145
 ---pagebreak--- Article IP.17: Obligations concerning rights management information
 1. Each Party shall provide adequate legal protection against any person knowingly performing
 without authority any of the following acts:
 (a) the removal or alteration of any electronic rights-management information;
 (b) the distribution, importation for distribution, broadcasting, communication or making
 available to the public of works or other subject-matter protected pursuant to this Section
 from which electronic rights-management information has been removed or altered without
 authority;
 if such person knows, or has reasonable grounds to know, that by so doing he or she is inducing,
 enabling, facilitating or concealing an infringement of any copyright or any related rights as provided
 by the law of a Party.
 2. For the purposes of this Article, "rights-management information" means any information
 provided by right holders which identifies the work or other subject-matter referred to in this
 Article, the author or any other right holder, or information about the terms and conditions of use of
 the work or other subject-matter, and any numbers or codes that represent such information.
 3. Paragraph 2 applies if any of these items of information is associated with a copy of, or
 appears in connection with the communication to the public of, a work or other subject-matter
 referred to in this Article.
 Section 2: Trade marks
 Article IP.18: Trade mark classification
 Each Party shall maintain a trade mark classification system that is consistent with the Nice
 Agreement Concerning the International Classification of Goods and Services for the Purposes of the
 Registration of Marks of 15 June 1957, as amended and revised.
 Article IP.19: Signs of which a trade mark may consist
 A trade mark may consist of any signs, in particular words, including personal names, or designs,
 letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that
 such signs are capable of:
 (a) distinguishing the goods or services of one undertaking from those of other undertakings; and
 (b) being represented on the respective trade mark register of each Party, in a manner which
 enables the competent authorities and the public to determine the clear and precise subject
 matter of the protection afforded to its proprietor.
 Article IP.20: Rights conferred by a trade mark
 1. Each Party shall provide that the registration of a trade mark confers on the proprietor
 exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having the
 proprietor’s consent from using in the course of trade:
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 ---pagebreak--- (a) any sign which is identical with the registered trade mark in relation to goods or services
 which are identical with those for which the trade mark is registered;
 (b) any sign where, because of its identity with, or similarity to, the registered trade mark and the
 identity or similarity of the goods or services covered by this trade mark and the sign, there
 exists a likelihood of confusion on the part of the public, including the likelihood of association
 between the sign and the registered trade mark.
 2. The proprietor of a registered trade mark shall be entitled to prevent all third parties from
 bringing goods, in the course of trade, into the Party where the trade mark is registered without
 being released for free circulation there, where such goods, including packaging, come from other
 countries or the other Party and bear without authorisation a trade mark which is identical to the
 trade mark registered in respect of such goods, or which cannot be distinguished in its essential
 aspects from that trade mark.
 3. The entitlement of the proprietor of a trade mark pursuant to paragraph 2 shall lapse if
 during the proceedings to determine whether the registered trade mark has been infringed,
 evidence is provided by the declarant or the holder of the goods that the proprietor of the registered
 trade mark is not entitled to prohibit the placing of the goods on the market in the country of final
 destination.
 Article IP.21: Registration procedure
 1. Each Party shall provide for a system for the registration of trade marks in which each final
 negative decision taken by the relevant trade mark administration, including partial refusals of
 registration, shall be communicated in writing to the relevant party, duly reasoned and subject to
 appeal.
 2. Each Party shall provide for the possibility for third parties to oppose trade mark applications
 or, where appropriate, trade mark registrations. Such opposition proceedings shall be adversarial.
 3. Each Party shall provide a publicly available electronic database of trade mark applications
 and trade mark registrations.
 4. Each Party shall make best efforts to provide a system for the electronic application for and
 processing, registration and maintenance of trade marks.
 Article IP.22: Well-known trade marks
 For the purpose of giving effect to protection of well-known trade marks, as referred to in Article
 6bis of the Paris Convention and Article 16(2) and (3) of the TRIPS Agreement, each Party shall apply
 the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks, adopted
 by the Assembly of the Paris Union for the Protection of Industrial Property and the General
 Assembly of the WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member
 States of WIPO on 20 to 29 September 1999.
 Article IP.23: Exceptions to the rights conferred by a trade mark
 1. Each Party shall provide for limited exceptions to the rights conferred by a trade mark such
 as the fair use of descriptive terms including geographical indications, and may provide other limited
 exceptions, provided such exceptions take account of the legitimate interests of the proprietor of
 the trade mark and of third parties.
 147
 ---pagebreak--- 2. The trade mark shall not entitle the proprietor to prohibit a third party from using, in the
 course of trade:
 (a) the name or address of the third party, where the third party is a natural person;
 (b) signs or indications concerning the kind, quality, quantity, intended purpose, value,
 geographical origin, the time of production of goods or of rendering of the service, or other
 characteristics of goods or services; or
 (c) the trade mark for the purpose of identifying or referring to goods or services as those of the
 proprietor of that trade mark, in particular where the use of that trade mark is necessary to
 indicate the intended purpose of a product or service, in particular as accessories or spare
 parts,
 provided the third party uses them in accordance with honest practices in industrial or commercial
 matters.
 3. The trade mark shall not entitle the proprietor to prohibit a third party from using, in the
 course of trade, an earlier right which only applies in a particular locality if that right is recognised by
 the laws of the Party in question and is used within the limits of the territory in which it is
 recognised.
 Article IP.24: Grounds for revocation
 1. Each Party shall provide that a trade mark shall be liable to revocation if, within a continuous
 period of five years it has not been put to genuine use in the relevant territory of a Party by the
 proprietor or with the proprietor’s consent in relation to the goods or services for which it is
 registered, and there are no proper reasons for non-use.
 2. Each Party shall also provide that a trade mark shall be liable to revocation if within the
 period of five years following the date of completion of the registration procedure it has not been
 put to genuine use in the relevant territory by the proprietor or with the proprietor’s consent, in
 relation to the goods or services for which it is registered, and there are no proper reasons for non-
 use.
 3. However, no person may claim that the proprietor's rights in a trade mark should be
 revoked where, during the interval between expiry of the five-year period and filing of the
 application for revocation, genuine use of the trade mark has been started or resumed. The
 commencement or resumption of use within a period of three months preceding the filing of the
 application for revocation which began at the earliest on expiry of the continuous period of five
 years of non-use, shall, however, be disregarded where preparations for the commencement or
 resumption occur only after the proprietor becomes aware that the application for revocation may
 be filed.
 4. A trade mark shall also be liable to revocation if, after the date on which it was registered:
 (a) as a consequence of acts or inactivity of the proprietor, it has become the common name in
 the trade for a good or service in respect of which it is registered;
 (b) as a consequence of the use made of the trade mark by the proprietor of the trade mark or
 with the proprietor's consent in respect of the goods or services for which it is registered, it is
 148
 ---pagebreak--- liable to mislead the public, particularly as to the nature, quality or geographical origin of
 those goods or services.
 Article IP.25: The right to prohibit preparatory acts in relation to the use of packaging or other
 means
 Where the risk exists that the packaging, labels, tags, security or authenticity features or devices, or
 any other means to which the trade mark is affixed could be used in relation to goods or services
 and that use would constitute an infringement of the rights of the proprietor of the trade mark, the
 proprietor of that trade mark shall have the right to prohibit the following acts if carried out in the
 course of trade:
 (a) affixing a sign identical with, or similar to, the trade mark on packaging, labels, tags, security
 or authenticity features or devices, or any other means to which the mark may be affixed; or
 (b) offering or placing on the market, or stocking for those purposes, or importing or exporting,
 packaging, labels, tags, security or authenticity features or devices, or any other means to
 which the mark is affixed.
 Article IP.26: Bad faith applications
 A trade mark shall be liable to be declared invalid where the application for registration of the trade
 mark was made in bad faith by the applicant. Each Party may provide that such a trade mark shall
 not be registered.
 Section 3: Design
 Article IP.27: Protection of registered designs
 1. Each Party shall provide for the protection of independently created designs that are new
 and original. This protection shall be provided by registration and shall confer exclusive rights upon
 their holders in accordance with this Section.
 For the purposes of this Article, a Party may consider that a design having individual character is
 original.
 2. The holder of a registered design shall have the right to prevent third parties not having the
 holder's consent at least from making, offering for sale, selling, importing, exporting, stocking the
 product bearing and embodying the protected design or using articles bearing or embodying the
 protected design where such acts are undertaken for commercial purposes.
 3. A design applied to or incorporated in a product which constitutes a component part of a
 complex product shall only be considered to be new and original:
 (a) if the component part, once it has been incorporated into the complex product, remains
 visible during normal use of the latter; and
 (b) to the extent that those visible features of the component part fulfil in themselves the
 requirements as to novelty and originality.
 4. For the purposes of point (a) of paragraph 3, "normal use" means use by the end user,
 excluding maintenance, servicing or repair work.
 149
 ---pagebreak--- Article IP.28: Duration of protection
 The duration of protection available for registered designs, including renewals of registered designs,
 shall amount to a total term of 25 years from the date on which the application was filed36.
 Article IP.29: Protection of unregistered designs
 1. Each Party shall confer on holders of an unregistered design the right to prevent the use of
 the unregistered design by any third party not having the holder’s consent only if the contested use
 results from copying the unregistered design in their respective territory37. Such use shall at least
 cover the offering for sale, putting on the market, importing or exporting the product.
 2. The duration of protection available for the unregistered design shall amount to at least
 three years as from the date on which the design was first made available to the public in the
 territory of the respective Party.
 Article IP.30: Exceptions and exclusions
 1. Each Party may provide limited exceptions to the protection of designs, including
 unregistered designs, provided that such exceptions do not unreasonably conflict with the normal
 exploitation of designs, and do not unreasonably prejudice the legitimate interests of the holder of
 the design, taking account of the legitimate interests of third parties.
 2. Protection shall not extend to designs solely dictated by technical or functional
 considerations. A design shall not subsist in features of appearance of a product which must
 necessarily be reproduced in their exact form and dimensions in order to permit the product in
 which the design is incorporated or to which it is applied to be mechanically connected to or placed
 in, around or against another product so that either product may perform its function.
 3. By way of derogation from paragraph 2, a design shall, in accordance with the conditions set
 out in Article IP.27(1) [Protection of registered designs], subsist in a design, which has the purpose of
 allowing the multiple assembly or connection of mutually interchangeable products within a
 modular system.
 Article IP.31: Relationship to copyright
 Each Party shall ensure that designs, including unregistered designs, shall also be eligible for
 protection under the copyright law of that Party as from the date on which the design was created
 or fixed in any form. The extent to which, and the conditions under which, such a protection is
 conferred, including the level of originality required, shall be determined by each Party.
 Section 4: Patents
 36
 Each Party may determine the relevant date of filing of the application in accordance with its own
 legislation.
 37
 This section does not apply to the protection known in the United Kingdom as a design right.
 150
 ---pagebreak--- Article IP.32: Patents and public health
 1. The Parties recognise the importance of the Declaration on the TRIPS Agreement and Public
 Health, adopted on 14 November 2001 by the Ministerial Conference of the WTO at Doha (the
 "Doha Declaration"). In interpreting and implementing the rights and obligations under this Section,
 each Party shall ensure consistency with the Doha Declaration.
 2. Each Party shall implement Article 31bis of the TRIPS Agreement, as well as the Annex to the
 TRIPS Agreement and the Appendix to the Annex to the TRIPS Agreement.
 Article IP.33: Extension of the period of protection conferred by a patent on medicinal products and
 on plant protection products
 1. The Parties recognise that medicinal products and plant protection products38 protected by
 a patent in their respective territory may be subject to an administrative authorisation procedure
 before being put on their respective markets. The Parties recognise that the period that elapses
 between the filing of the application for a patent and the first authorisation to place the product on
 the market, as defined for that purpose by the relevant legislation, may shorten the period of
 effective protection under the patent.
 2. Each Party shall provide for further protection, in accordance with its laws and regulations,
 for a product which is protected by a patent and which has been subject to an administrative
 authorisation procedure referred to in paragraph 1 to compensate the holder of a patent for the
 reduction of effective patent protection. The terms and conditions for the provision of such further
 protection, including its length, shall be determined in accordance with the laws and regulations of
 the Parties.
 3. For the purposes of this Title, "medicinal product" means:
 (a) any substance or combination of substances presented as having properties for treating or
 preventing disease in human beings or animals; or
 (b) any substance or combination of substances which may be used in or administered to human
 beings or animals either with a view to restoring, correcting or modifying physiological
 functions by exerting a pharmacological, immunological or metabolic action, or to making a
 medical diagnosis.
 Section 5: Protection of undisclosed information
 Article IP.34: Protection of trade secrets
 1. Each Party shall provide for appropriate civil judicial procedures and remedies for any trade
 secret holder to prevent, and obtain redress for, the acquisition, use or disclosure of a trade secret
 whenever carried out in a manner contrary to honest commercial practices.
 2. For the purposes of this Section:
 (a) "trade secret" means information which meets all of the following requirements:
 38
 For the purposes of this Title, the term "plant protection product" shall be defined for each Party by the
 respective legislations of the Parties.
 151
 ---pagebreak--- (i) it is secret in the sense that it is not, as a body or in the precise configuration and
 assembly of its components, generally known among or readily accessible to persons
 within the circles that normally deal with the kind of information in question;
 (ii) it has commercial value because it is secret; and
 (iii) it has been subject to reasonable steps under the circumstances, by the person
 lawfully in control of the information, to keep it secret;
 (b) "trade secret holder" means any natural or legal person lawfully controlling a trade secret.
 3. For the purposes of this Section, at least the following conduct shall be considered contrary
 to honest commercial practices:
 (a) the acquisition of a trade secret without the consent of the trade secret holder, whenever
 obtained by unauthorised access to, or by appropriation or copying of, any documents,
 objects, materials, substances or electronic files that are lawfully under the control of the
 trade secret holder, and that contain the trade secret or from which the trade secret can be
 deduced;
 (b) the use or disclosure of a trade secret whenever it is carried out, without the consent of the
 trade secret holder, by a person who is found to meet any of the following conditions:
 (i) having acquired the trade secret in a manner referred to in point (a);
 (ii) being in breach of a confidentiality agreement or any other duty not to disclose the
 trade secret; or
 (iii) being in breach of a contractual or any other duty to limit the use of the trade secret;
 (c) the acquisition, use or disclosure of a trade secret whenever carried out by a person who, at
 the time of the acquisition, use or disclosure, knew, or ought to have known, under the
 circumstances that the trade secret had been obtained directly or indirectly from another
 person who was using or disclosing the trade secret unlawfully within the meaning of point
 (b).
 4. Nothing in this Section shall be understood as requiring either Party to consider any of the
 following conducts as contrary to honest commercial practices:
 (a) independent discovery or creation;
 (b) the reverse engineering of a product that has been made available to the public or that is
 lawfully in the possession of the acquirer of the information, where the acquirer of the
 information is free from any legally valid duty to limit the acquisition of the trade secret;
 (c) the acquisition, use or disclosure of a trade secret required or allowed by the law of each
 Party;
 (d) the exercise of the right of workers or workers' representatives to information and
 consultation in accordance with the laws and regulations of that Party.
 152
 ---pagebreak--- 5. Nothing in this Section shall be understood as affecting the exercise of freedom of
 expression and information, including the freedom and pluralism of the media, as protected in each
 Party, restricting the mobility of employees, or as affecting the autonomy of social partners and their
 right to enter into collective agreements, in accordance with the laws and regulations of the Parties.
 Article IP.35: Protection of data submitted to obtain an authorisation to put a medicinal product on
 the market
 1. Each Party shall protect commercially confidential information submitted to obtain an
 authorisation to place medicinal products on the market ("marketing authorisation") against
 disclosure to third parties, unless steps are taken to ensure that the data are protected against
 unfair commercial use or except where the disclosure is necessary for an overriding public interest.
 2. Each Party shall ensure that for a limited period of time to be determined by its domestic
 law and in accordance with any conditions set out in its domestic law, the authority responsible for
 the granting of a marketing authorisation does not accept any subsequent application for a
 marketing authorisation that relies on the results of pre-clinical tests or clinical trials submitted in
 the application to that authority for the first marketing authorisation, without the explicit consent of
 the holder of the first marketing authorisation, unless international agreements to which the Parties
 are both party provide otherwise.
 3. Each Party shall also ensure that, for a limited period of time to be determined by its
 domestic law and in accordance with any conditions set out in its domestic law, a medicinal product
 subsequently authorised by that authority on the basis of the results of the pre-clinical tests and
 clinical trials referred to in paragraph 2 is not placed on the market without the explicit consent of
 the holder of the first marketing authorisation, unless international agreements to which the Parties
 are both party provide otherwise.
 4. This Article is without prejudice to additional periods of protection which each Party may
 provide in that Party’s law.
 Article IP.36: Protection of data submitted to obtain marketing authorisation for plant protection
 products or biocidal products
 1. Each Party shall recognise a temporary right of the owner of a test or study report submitted
 for the first time to obtain a marketing authorisation concerning safety and efficacy of an active
 substance, plant protection product or biocidal product. During such period, the test or study report
 shall not be used for the benefit of any other person who seeks to obtain a marketing authorisation
 for an active substance, plant protection product or biocidal product, unless the explicit consent of
 the first owner has been proved. For the purposes of this Article, that right is referred to as data
 protection.
 2. The test or study report submitted for marketing authorisation of an active substance or
 plant protection product should fulfil the following conditions:
 (a) be necessary for the authorisation or for an amendment of an authorisation in order to allow
 the use on other crops; and
 (b) be certified as compliant with the principles of good laboratory practice or of good
 experimental practice.
 153
 ---pagebreak--- 3. The period of data protection shall be at least 10 years from the grant of the first
 authorisation by a relevant authority in the territory of the Party.
 4. Each Party shall ensure that the public bodies responsible for the granting of a marketing
 authorisation will not use the information referred to in paragraphs 1 and 2 for the benefit of a
 subsequent applicant for any successive marketing authorisation, regardless whether or not it has
 been made available to the public.
 5. Each Party shall establish rules to avoid duplicative testing on vertebrate animals.
 Section 6: Plant varieties
 Article IP.37: Protection of plant varieties rights
 Each Party shall protect plant varieties rights in accordance with the International Convention for the
 Protection of New Varieties of Plants (UPOV) as lastly revised in Geneva on 19 March 1991. The
 Parties shall cooperate to promote and enforce these rights.
 Chapter 3: Enforcement of intellectual property rights
 Section 1: General provisions
 Article IP.38: General obligations
 1. Each Party shall provide under its respective law for the measures, procedures and remedies
 necessary to ensure the enforcement of intellectual property rights.
 For the purposes of Sections 1, 2 and 4 of this Chapter, the term "intellectual property rights" does
 not include rights covered by Section 5 of Chapter 2 [Protection of undisclosed information].
 2. The measures, procedures and remedies referred to in paragraph 1 shall:
 (a) be fair and equitable;
 (b) not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted
 delays;
 (c) be effective, proportionate and dissuasive;
 (d) be applied in such a manner as to avoid the creation of barriers to legitimate trade and to
 provide for safeguards against their abuse.
 Article IP.39: Persons entitled to apply for the application of the measures, procedures and remedies
 Each Party shall recognise as persons entitled to seek application of the measures, procedures and
 remedies referred to in Sections 2 and 4 of this Chapter:
 (a) the holders of intellectual property rights in accordance with the law of a Party;
 (b) all other persons authorised to use those rights, in particular licensees, in so far as permitted
 by and in accordance with the law of a Party; and
 154
 ---pagebreak--- (c) federations and associations39, in so far as permitted by and in accordance with the law of a
 Party.
 Section 2: Civil and administrative enforcement
 Article IP.40: Measures for preserving evidence
 1. Each Party shall ensure that, even before the commencement of proceedings on the merits
 of the case, the competent judicial authorities may, on application by a party who has presented
 reasonably available evidence to support their claims that their intellectual property right has been
 infringed or is about to be infringed, order prompt and effective provisional measures to preserve
 relevant evidence in respect of the alleged infringement, subject to appropriate safeguards and the
 protection of confidential information.
 2. Such measures may include the detailed description, with or without the taking of samples,
 or the physical seizure of the alleged infringing goods, and, in appropriate cases, the materials and
 implements used in the production and/or distribution of these goods and the documents relating
 thereto.
 Article IP.41: Evidence
 1. Each Party shall take the measures necessary to enable the competent judicial authorities to
 order, on application by a party which has presented reasonably available evidence sufficient to
 support its claims and has, in substantiating those claims, specified evidence which lies in the control
 of the opposing party, that this evidence be produced by the opposing party, subject to the
 protection of confidential information.
 2. Each Party shall also take the necessary measures to enable the competent judicial
 authorities to order, where appropriate, in cases of infringement of an intellectual property right
 committed on a commercial scale, under the same conditions as in paragraph 1, the communication
 of banking, financial or commercial documents under the control of the opposing party, subject to
 the protection of confidential information.
 Article IP.42: Right of information
 1. Each Party shall ensure that, in the context of civil proceedings concerning an infringement
 of an intellectual property right and in response to a justified and proportionate request of the
 claimant, the competent judicial authorities may order the infringer or any other person to provide
 information on the origin and distribution networks of the goods or services which infringe an
 intellectual property right.
 2. For the purposes of paragraph 1, "any other person" means a person who:
 (a) was found in possession of the infringing goods on a commercial scale;
 (b) was found to be using the infringing services on a commercial scale;
 39
 For greater certainty, and in so far as permitted by the law of a Party, the term "federations and
 associations" includes at least collective rights management bodies and professional defence bodies
 which are regularly recognised as having the right to represent holders of intellectual property rights.
 155
 ---pagebreak--- (c) was found to be providing on a commercial scale services used in infringing activities; or
 (d) was indicated by the person referred to in points (a), (b) or (c), as being involved in the
 production, manufacture or distribution of the goods or the provision of the services.
 3. The information referred to in paragraph 1 shall, as appropriate, comprise:
 (a) the names and addresses of the producers, manufacturers, distributors, suppliers and other
 previous holders of the goods or services, as well as the intended wholesalers and retailers;
 (b) information on the quantities produced, manufactured, delivered, received or ordered, as well
 as the price obtained for the goods or services in question.
 4. Paragraphs 1 and 2 shall apply without prejudice to other laws of a Party which:
 (a) grant the right holder rights to receive fuller information;
 (b) govern the use in civil proceedings of the information communicated pursuant to this Article;
 (c) govern responsibility for misuse of the right of information;
 (d) afford an opportunity for refusing to provide information which would force the person
 referred to in paragraph 1 to admit their own participation or that of their close relatives in an
 infringement of an intellectual property right;
 (e) govern the protection of confidentiality of information sources or the processing of personal
 data.
 Article IP.43: Provisional and precautionary measures
 1. Each Party shall ensure that its judicial authorities may, at the request of the applicant, issue
 against the alleged infringer an interlocutory injunction intended to prevent any imminent
 infringement of an intellectual property right, or to forbid, on a provisional basis and subject, where
 appropriate, to a recurring penalty payment where provided for by the law of that Party, the
 continuation of the alleged infringements of that right, or to make such continuation subject to the
 lodging of guarantees intended to ensure the compensation of the right holder. An interlocutory
 injunction may also be issued, under the same conditions, against an intermediary whose services
 are being used by a third party to infringe an intellectual property right.
 2. Each Party shall ensure that its judicial authorities may, at the request of the applicant, order
 the seizure or delivery up of goods suspected of infringing an intellectual property right, so as to
 prevent their entry into or movement within the channels of commerce.
 3. In the case of an alleged infringement committed on a commercial scale, each Party shall
 ensure that, if the applicant demonstrates circumstances likely to endanger the recovery of
 damages, the judicial authorities may order the precautionary seizure of the movable and
 immovable property of the alleged infringer, including the blocking of their bank accounts and other
 assets. To that end, the competent authorities may order the communication of bank, financial or
 commercial documents, or appropriate access to the relevant information.
 4. Each Party shall ensure that its judicial authorities shall, in respect of the measures referred
 to in paragraphs 1, 2 and 3, have the authority to require the applicant to provide any reasonably
 156
 ---pagebreak--- available evidence in order to satisfy themselves with a sufficient degree of certainty that the
 applicant is the rightholder and that the applicant’s right is being infringed, or that such infringement
 is imminent.
 Article IP.44: Corrective measures
 1. Each Party shall ensure that its judicial authorities may order, at the request of the applicant,
 without prejudice to any damages due to the right holder by reason of the infringement, and
 without compensation of any sort, the destruction of goods that they have found to be infringing an
 intellectual property right or at least the definitive removal of those goods from the channels of
 commerce. If appropriate, under the same conditions, the judicial authorities may also order
 destruction of materials and implements predominantly used in the creation or manufacture of
 those goods.
 2. Each Party's judicial authorities shall have the authority to order that those measures shall
 be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.
 Article IP.45: Injunctions
 Each Party shall ensure that, where a judicial decision is taken finding an infringement of an
 intellectual property right, the judicial authorities may issue against the infringer an injunction aimed
 at prohibiting the continuation of the infringement. Each Party shall also ensure that the judicial
 authorities may issue an injunction against intermediaries whose services are used by a third party
 to infringe an intellectual property right.
 Article IP.46: Alternative measures
 Each Party may provide that the judicial authorities, in appropriate cases and at the request of the
 person liable to be subject to the measures provided for in Article IP.44 [Corrective measures] or
 Article IP.45 [Injunctions], may order pecuniary compensation to be paid to the injured party instead
 of applying the measures provided for in these two Articles if that person acted unintentionally and
 without negligence, if execution of the measures in question would cause the person
 disproportionate harm and if pecuniary compensation to the injured party appears reasonably
 satisfactory.
 Article IP.47: Damages
 1. Each Party shall ensure that its judicial authorities, on application of the injured party, order
 the infringer who knowingly engaged, or had reasonable grounds to know it was engaging, in an
 infringing activity, to pay to the rightholder damages appropriate to the actual prejudice suffered by
 the rightholder as a result of the infringement.
 2. Each Party shall ensure that when its judicial authorities set the damages:
 (a) they take into account all appropriate aspects, such as the negative economic consequences,
 including lost profits, which the injured party has suffered, any unfair profits made by the
 infringer and, in appropriate cases, elements other than economic factors, such as the moral
 prejudice caused to the right holder by the infringement; or
 (b) as an alternative to point (a), they may, in appropriate cases, set the damages as a lump sum
 on the basis of elements such as at least the amount of royalties or fees which would have
 157
 ---pagebreak--- been due if the infringer had requested authorisation to use the intellectual property right in
 question.
 3. Where the infringer did not knowingly, or with reasonable grounds to know, engage in
 infringing activity, each Party may lay down that the judicial authorities may order the recovery of
 profits or the payment of damages which may be pre-established.
 Article IP.48: Legal costs
 Each Party shall ensure that reasonable and proportionate legal costs and other expenses incurred
 by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity
 does not allow this.
 Article IP.49: Publication of judicial decisions
 Each Party shall ensure that, in legal proceedings instituted for infringement of an intellectual
 property right, the judicial authorities may order, at the request of the applicant and at the expense
 of the infringer, appropriate measures for the dissemination of the information concerning the
 decision, including displaying the decision and publishing it in full or in part.
 Article IP.50: Presumption of authorship or ownership
 For the purposes of applying the measures, procedures and remedies provided for in Chapter 3
 [Enforcement of intellectual property rights]:
 (a) for the author of a literary or artistic work, in the absence of proof to the contrary, to be
 regarded as such, and consequently to be entitled to institute infringement proceedings, it
 shall be sufficient for the author’s name to appear on the work in the usual manner; and
 (b) point (a) applies mutatis mutandis to the holders of rights related to copyright with regard to
 their protected subject matter.
 Article IP.51: Administrative procedures
 To the extent that any civil remedy can be ordered on the merits of a case as a result of
 administrative procedures, such procedures shall conform to principles equivalent in substance to
 those set forth in this Section.
 Section 3: Civil judicial procedures and remedies of trade secrets
 Article IP.52: Civil judicial procedures and remedies of trade secrets
 1. Each Party shall ensure that any person participating in the civil judicial proceedings referred
 to in Article IP.34(1) [Scope of protection of trade secrets], or who has access to documents which
 form part of those proceedings, is not permitted to use or disclose any trade secret or alleged trade
 secret which the competent judicial authorities have, in response to a duly reasoned application by
 an interested party, identified as confidential and of which they have become aware as a result of
 such participation or access.
 2. Each Party shall ensure that the obligation referred to in paragraph 1 remains in force after
 the civil judicial proceedings have ended, for as long as appropriate.
 158
 ---pagebreak--- 3. In the civil judicial proceedings referred to Article IP.34(1) [Scope of protection of trade
 secrets], each Party shall provide that its judicial authorities have the authority at least to:
 (a) order provisional measures, in accordance with their respective laws and regulations, to cease
 and prohibit the use or disclosure of the trade secret in a manner contrary to honest
 commercial practices;
 (b) order measures, in accordance with their respective laws and regulations, ordering the
 cessation of, or as the case may be, the prohibition of the use or disclosure of the trade secret
 in a manner contrary to honest commercial practices;
 (c) order, in accordance with their respective laws and regulations, any person who has acquired,
 used or disclosed a trade secret in a manner contrary to honest commercial practices and that
 knew or ought to have known that he or she or it was acquiring, using or disclosing a trade
 secret in a manner contrary to honest commercial practices to pay the trade secret holder
 damages appropriate to the actual prejudice suffered as a result of such acquisition, use or
 disclosure of the trade secret;
 (d) take specific measures necessary to preserve the confidentiality of any trade secret or alleged
 trade secret used or referred to in proceedings as referred to in Article IP.34(1) [Scope of
 protection of trade secrets]. Such specific measures may include, in accordance with each
 Party’s respective laws and regulations, including the rights of defence, the possibility of
 restricting access to certain documents in whole or in part; of restricting access to hearings
 and their corresponding records or transcript; and of making available a non-confidential
 version of judicial decision in which the passages containing trade secrets have been removed
 or redacted.
 (e) impose sanctions on any person participating in the legal proceedings who fail or refuse to
 comply with the court orders concerning the protection of the trade secret or alleged trade
 secret.
 4. Each Party shall ensure that an application for the measure, procedures or remedies
 provided for in this Article is dismissed where the alleged acquisition, use or disclosure of a trade
 secret contrary to honest commercial practices was carried out, in accordance with its laws and
 regulations:
 (a) to reveal misconduct, wrongdoing or illegal activity for the purpose of protecting the general
 public interest;
 (b) as a disclosure by employees to their representatives as part of, and necessary for, the
 legitimate exercise by those representatives of their functions;
 (c) to protect a legitimate interest recognised by the laws and regulations of that Party.
 Section 4: Border enforcement
 159
 ---pagebreak--- Article IP.53: Border measures
 1. With respect to goods under customs control, each Party shall adopt or maintain procedures
 under which a right holder may submit applications to a competent authority40 to suspend the
 release of or detain suspected goods. For the purposes of this Section, "suspected goods" means
 goods suspected of infringing trade marks, copyrights and related rights, geographical indications,
 patents, utility models, industrial designs, topographies of integrated circuits and plant variety
 rights.
 2. Each Party shall have in place electronic systems for the management by customs of the
 applications granted or recorded.
 3. Each Party shall ensure that its competent authorities do not charge a fee to cover the
 administrative costs resulting from the processing of an application or a recordation.
 4. Each Party shall ensure that its competent authorities decide about granting or recording
 applications within a reasonable period of time.
 5. Each Party shall provide for the applications referred to in paragraph 1 to apply to multiple
 shipments.
 6. With respect to goods under customs control, each Party shall ensure that its customs
 authorities may act upon their own initiative to suspend the release of or detain suspected goods.
 7. Each Party shall ensure that its customs authorities use risk analysis to identify suspected
 goods.
 8. Each Party may authorise its customs authority to provide a right holder, upon request, with
 information about goods, including a description and the actual or estimated quantities thereof, and
 if known, the name and address of the consignor, importer, exporter or consignee, and the country
 of origin or provenance of the goods, whose release has been suspended, or which have been
 detained.
 9. Each Party shall have in place procedures allowing for the destruction of suspected goods,
 without there being any need for prior administrative or judicial proceedings for the formal
 determination of the infringements, where the persons concerned agree or do not oppose the
 destruction. In case suspected goods are not destroyed, each Party shall ensure that, except in
 exceptional circumstances, such goods are disposed of outside the commercial channel in a manner
 which avoids any harm to the right holder.
 10. Each Party shall have in place procedures allowing for the swift destruction of counterfeit
 trade mark and pirated goods sent in postal or express couriers' consignments.
 11. Each Party shall provide that, where requested by the customs authorities, the holder of the
 granted or recorded application shall be obliged to reimburse the costs incurred by the customs
 authorities, or other parties acting on behalf of customs authorities, from the moment of detention
 or suspension of the release of the goods, including storage, handling, and any costs relating to the
 destruction or disposal of the goods.
 40
 For the European Union the competent authority means the customs authorities.
 160
 ---pagebreak--- 12. Each Party may decide not to apply this Article to the import of goods put on the market in
 another country by or with the consent of the right holders. A Party may exclude from the
 application of this Article goods of a non-commercial nature contained in travellers' personal
 luggage.
 13. Each Party shall allow its customs authorities to maintain a regular dialogue and promote
 cooperation with the relevant stakeholders and with other authorities involved in the enforcement
 of intellectual property rights.
 14. The Parties shall cooperate in respect of international trade in suspected goods. In
 particular, the Parties shall, as far as possible, share relevant information on trade in suspected
 goods affecting the other Party.
 15. Without prejudice to other forms of cooperation, the Protocol on mutual administrative
 assistance in customs matters applies with regard to breaches of legislation on intellectual property
 rights for the enforcement of which the customs authorities of a Party are competent in accordance
 with this Article.
 Article IP.54: Consistency with GATT 1994 and the TRIPS Agreement
 In implementing border measures for the enforcement of intellectual property rights by customs,
 whether or not covered by this Section, the Parties shall ensure consistency with their obligations
 under GATT 1994 and the TRIPS Agreement and, in particular, with Article V of GATT 1994 and
 Article 41 and Section 4 of Part III of the TRIPS Agreement.
 Chapter 4: Other provisions
 Article IP.55: Cooperation
 1. The Parties shall cooperate with a view to supporting the implementation of the
 commitments and obligations undertaken under this Title.
 2. The areas of cooperation include, but are not limited to, the following activities:
 (a) exchange of information on the legal framework concerning intellectual property rights and
 relevant rules of protection and enforcement;
 (b) exchange of experience on legislative progress, on the enforcement of intellectual property
 rights and on enforcement at central and sub-central level by customs, police, administrative
 and judiciary bodies;
 (c) coordination to prevent exports of counterfeit goods, including coordination with other
 countries;
 (d) technical assistance, capacity building, exchange and training of personnel;
 (e) protection and defence of intellectual property rights and the dissemination of information in
 this regard in, among others, to business circles and civil society;
 (f) public awareness of consumers and right holders;
 161
 ---pagebreak--- (g) the enhancement of institutional cooperation, particularly between the intellectual property
 offices of the Parties;
 (h) educating and promoting awareness among the general public regarding policies concerning
 the protection and enforcement of intellectual property rights;
 (i) the promotion of protection and enforcement of intellectual property rights with public-
 private collaboration involving small and medium-size enterprises;
 (j) the formulation of effective strategies to identify audiences and communication programmes
 to increase consumer and media awareness of the impact of intellectual property rights'
 violations, including the risk to health and safety and the connection to organised crime.
 3. The Parties shall, either directly or through the Trade Specialised Committee on Intellectual
 Property, maintain contact on all matters related to the implementation and functioning of this Title.
 Article IP.56: Voluntary stakeholder initiatives
 Each Party shall endeavour to facilitate voluntary stakeholder initiatives to reduce intellectual
 property rights infringement, including online and in other marketplaces focusing on concrete
 problems and seeking practical solutions that are realistic, balanced proportionate and fair for all
 concerned including in the following ways:
 (a) each Party shall endeavour to convene stakeholders consensually in its territory to facilitate
 voluntary initiatives to find solutions and resolve differences regarding the protection and
 enforcement of intellectual property rights and reducing infringement;
 (b) the Parties shall endeavour to exchange information with each other regarding efforts to
 facilitate voluntary stakeholder initiatives in their respective territories; and
 (c) the Parties shall endeavour to promote open dialogue and cooperation among the Parties'
 stakeholders, and to encourage the Parties' stakeholders to jointly find solutions and resolve
 differences regarding the protection and enforcement of intellectual property rights and
 reducing infringement.
 Article IP.57: Review in relation to geographical indications
 Noting the relevant provisions of any earlier bilateral agreement between the United Kingdom of the
 one part and the European Union and European Atomic Energy Community of the other part, the
 Parties may jointly use reasonable endeavours to agree rules for the protection and effective
 domestic enforcement of their geographical indications.
 TITLE VI: PUBLIC PROCUREMENT
 Chapter 1: Scope
 Article PPROC.1: Objective
 The objective of this Title is to guarantee each Party’s suppliers access to increased opportunities to
 participate in public procurement procedures and to enhance the transparency of public
 procurement procedures.
 162
 ---pagebreak--- Article PPROC.2: Incorporation of certain provisions of the GPA and covered procurement
 1. The provisions of the GPA that are specified in Section A of Annex PPROC-1, including the
 Annexes of each Party to Appendix I to the GPA, are hereby incorporated into this Title.
 2. For the purposes of this Title, "covered procurement" means procurement to which Article II
 of the GPA applies and, in addition, procurement listed in Section B of Annex PPROC-1.
 3. With regard to covered procurement, each Party shall apply, mutatis mutandis, the
 provisions of the GPA specified in Section A of Annex PPROC-1 to suppliers, goods or services of the
 other Party.
 Chapter 2: Additional rules for covered procurement
 Article PPROC.3: Use of electronic means in procurement
 1. Each Party shall ensure that its procuring entities conduct covered procurement by
 electronic means to the widest extent practicable.
 2. A procuring entity is considered as conducting covered procurement by electronic means, if
 the entity uses electronic means of information and communication for:
 (a) the publication of notices and tender documentation in procurement procedures; and
 (b) the submission of requests to participate and of tenders.
 3. Except for specific situations, such electronic means of information and communication shall
 be non-discriminatory, generally available and interoperable with the information and
 communication technology products in general use and shall not restrict access to the procurement
 procedure.
 4. Each Party shall ensure that its procuring entities receive and process electronic invoices in
 accordance with its legislation.
 Article PPROC.4: Electronic publication
 With regard to covered procurement, all procurement notices including notices of intended
 procurement, summary notices, notices of planned procurement and contract award notices shall be
 directly accessible by electronic means, free of charge, through a single point of access on the
 internet.
 Article PPROC.5: Supporting evidence
 Each Party shall ensure that at the time of submission of requests to participate or at the time of
 submission of tenders, procuring entities do not require suppliers to submit all or part of the
 supporting evidence that they are not in one of the situations in which a supplier may be excluded
 and that they fulfil the conditions for participation unless this is necessary to ensure the proper
 conduct of the procurement.
 163
 ---pagebreak--- Article PPROC.6: Conditions for participation
 Each Party shall ensure that where its procuring entities require a supplier, as a condition for
 participation in a covered procurement, to demonstrate prior experience they do not require that
 the supplier has such experience in the territory of that Party.
 Article PPROC.7: Registration systems and qualification procedures
 A Party that maintains a supplier registration system shall ensure that interested suppliers may
 request registration at any time. Any interested supplier having made a request shall be informed
 within a reasonable period of time of the decision to grant or reject this request.
 Article PPROC.8: Selective tendering
 Each Party shall ensure that where a procuring entity uses a selective tendering procedure, the
 procuring entity addresses invitations to submit a tender to a number of suppliers that is sufficient
 to ensure genuine competition without affecting the operational efficiency of the procurement
 system.
 Article PPROC.9: Abnormally low prices
 Further to paragraph 6 of Article XV of the GPA, if a procuring entity receives a tender with a price
 that is abnormally lower than the prices in other tenders submitted, it may also verify with the
 supplier whether the price takes into account the grant of subsidies.
 Article PPROC.10: Environmental, social and labour considerations
 Each Party shall ensure that its procuring entities may take into account environmental, labour and
 social considerations throughout the procurement procedure, provided that those considerations
 are compatible with the rules established by Chapters 1 and 2 and are indicated in the notice of
 intended procurement or in another notice used as a notice of intended procurement or tender
 documentation.
 Article PPROC.11: Domestic review procedures
 1. Where an impartial administrative authority is designated by a Party under paragraph 4 of
 Article XVIII of the GPA, that Party shall ensure that:
 (a) the members of the designated authority are independent, impartial, and free from external
 influence during the term of appointment;
 (b) the members of the designated authority are not dismissed against their will while they are in
 office, unless their dismissal is required by the provisions governing the designated authority;
 and
 (c) the President or at least one other member of the designated authority, has legal and
 professional qualifications equivalent to those necessary for judges, lawyers or other legal
 experts qualified under the laws and regulations of the Party.
 2. Each Party shall adopt or maintain procedures that provide for rapid interim measures to
 preserve the supplier's opportunity to participate in the procurement. Such interim measures,
 provided for in subparagraph 7(a) of Article XVIII of the GPA, may result in suspension of the
 164
 ---pagebreak--- procurement process or, if a contract has been concluded by the procuring entity and if a Party has
 so provided, in suspension of performance of the contract. The procedures may provide that
 overriding adverse consequences for the interests concerned, including the public interest, may be
 taken into account when deciding whether such measures should be applied. Just cause for not
 acting shall be provided in writing.
 3. In case an interested or participating supplier has submitted a challenge with the designated
 authority referred to in paragraph 1, each Party shall, in principle, ensure that a procuring entity
 shall not conclude the contract until that authority has made a decision or recommendation on the
 challenge with regard to interim measures, corrective action or compensation for the loss or
 damages suffered as referred to in paragraphs 2, 5 and 6 in accordance with its rules, regulations
 and procedures. Each Party may provide that in unavoidable and duly justified circumstances, the
 contract can be nevertheless concluded.
 4. Each Party may provide for:
 (a) a standstill period between the contract award decision and the conclusion of a contract in
 order to give sufficient time to unsuccessful suppliers to assess whether it is appropriate to
 initiate a review procedure; or
 (b) a sufficient period for an interested supplier to submit a challenge, which may constitute
 grounds for the suspension of the execution of a contract.
 5. Corrective action under subparagraph 7(b) of Article XVIII of the GPA may include one or
 more of the following:
 (a) the removal of discriminatory technical, economic or financial specifications in the invitation
 to tender, the contract documents or any other document relating to the tendering procedure
 and conduct of new procurement procedures;
 (b) the repetition of the procurement procedure without changing the conditions;
 (c) the setting aside of the contract award decision and the adoption of a new contract award
 decision;
 (d) the termination of a contract or the declaration of its ineffectiveness; or
 (e) the adoption of other measures with the aim to remedy a breach of Chapters 1 and 2, for
 example an order to pay a particular sum until the breach has been effectively remedied.
 6. In accordance with subparagraph 7(b) of Article XVIII of the GPA, each Party may provide for
 the award of compensation for the loss or damages suffered. In this regard, if the review body of the
 Party is not a court and a supplier believes that there has been a breach of the domestic laws and
 regulations implementing the obligations under Chapters 1 and 2, the supplier may bring the matter
 before a court, including with a view to seeking compensation, in accordance with judicial
 procedures of the Party.
 7. Each Party shall adopt or maintain the necessary procedures by which the decisions or
 recommendations made by review bodies are effectively implemented, or the decisions by judicial
 review bodies are effectively enforced.
 Chapter 3: National treatment beyond covered procurement
 165
 ---pagebreak--- Article PPROC.12: Definitions
 1. For the purposes of this Chapter, the treatment accorded by a Party under this Chapter
 means:
 (a) with respect to the United Kingdom, treatment no less favourable than the most favourable
 treatment accorded, in like situations, to suppliers of the United Kingdom; and
 (b) with respect to a Member State, treatment no less favourable than the most favourable
 treatment accorded, in like situations, within that Member State to suppliers of that Member
 State.
 2. For the purposes of this Chapter, a supplier of a Party, which is a legal person means:
 (a) for the Union, a legal person constituted or organised under the law of the Union or at least
 one of its Member States and engaged in substantive business operations, understood by the
 Union, in line with its notification of the Treaty establishing the European Community to the
 WTO (WT/REG39/1), as equivalent to the concept of "effective and continuous link" with the
 economy of a Member State enshrined in Article 54 of the Treaty on the Functioning of the
 European Union, in the territory of the Union; and
 (b) for the United Kingdom, a legal person constituted or organised under the law of the United
 Kingdom and engaged in substantive business operations in the territory of the United
 Kingdom.
 Article PPROC.13: National treatment of locally established suppliers
 1. With regard to any procurement, a measure of a Party shall not result for suppliers of the
 other Party established in its territory through the constitution, acquisition or maintenance of a legal
 person in treatment less favourable than that Party accords to its own like suppliers41.
 2. The application of the national treatment obligation provided for in this Article remains
 subject to security and general exceptions as defined in Article III of the GPA, even if the
 procurement is not covered procurement in accordance with this Title.
 Chapter 4: Other provisions
 Article PPROC.14: Modifications and rectifications of market access commitments
 Each Party may modify or rectify its market access commitments in its respective Sub-section under
 Section B of Annex PPROC-.1 in accordance with the procedures set out in Articles PPROC.15
 [Modifications] to PPROC.18 [Amendment of Section Annex PROC-1].
 Article PPROC.15: Modifications
 1. A Party intending to modify a Sub-section under Section B of Annex PPROC-1, shall:
 41
 For greater certainty, application of the national treatment obligation provided for in this Article is
 subject to the exceptions referred to in note 3 of the Notes of Sub-sections B1 and B2 of ANNEX PPROC-1
 [Public Procurement].
 166
 ---pagebreak--- (a) notify the other Party in writing; and
 (b) include in the notification a proposal for appropriate compensatory adjustments to the other
 Party to maintain a level of market access commitments comparable to that existing prior to
 the modification.
 2. Notwithstanding point (b) of paragraph 1, a Party is not required to provide compensatory
 adjustments to the other Party if the proposed modification covers a procuring entity over which the
 Party has effectively eliminated its control or influence in respect of covered procurement.
 A Party’s control or influence over the covered procurement of procuring entities is presumed to be
 effectively eliminated if the procuring entity is exposed to competition in markets to which access is
 not restricted.
 3. The other Party may object to the modification referred to in point (a) of paragraph 1 if it disputes
 that:
 (a) a compensatory adjustment proposed under point (b) of paragraph 1 is adequate to maintain
 a comparable level of mutually agreed market access commitments; or
 (b) the modification covers a procuring entity over which the Party has effectively eliminated its
 control or influence as provided for in paragraph 2.
 The other Party shall object in writing within 45 days of receipt of the notification referred to in
 point (a) of paragraph 1 or be deemed to have accepted the compensatory adjustment or
 modification, including for the purposes of Title I [Dispute Settlement] of Part Six [Dispute
 settlement and horizontal provisions].
 Article PPROC.16: Rectifications
 1. A Party intending to rectify a Sub-section under Section B of Annex PPROC-1 shall notify the
 other Party in writing.
 The following changes to a Sub-section under Section B of Annex PPROC-1 shall be considered a
 rectification, provided that they do not affect the mutually agreed market access commitments
 provided for in this Title:
 (a) a change in the name of a procuring entity;
 (b) a merger of two or more procuring entities listed within that Sub-section; and
 (c) the separation of a procuring entity listed in that Sub-section into two or more procuring
 entities that are added to the procuring entities listed in the same Sub-section.
 2. A Party may notify the other Party of an objection to a proposed rectification within 45 days
 from having received the notification. A Party submitting an objection shall set out the reasons for
 considering the proposed rectification not as a change provided for in paragraph 1, and describe the
 effect of the proposed rectification on the mutually agreed market access commitments provided
 for in this Title. If no such objection is submitted in writing within 45 days after having received the
 notification, the Party shall be deemed to have agreed to the proposed rectification.
 167
 ---pagebreak--- Article PPROC.17: Consultations and dispute resolution
 If a Party objects to the proposed modification or the proposed compensatory adjustments referred
 to in Article PPROC.15 [Modifications] or to the proposed rectification referred to in Article
 PPROC.16 [Rectifications], the Parties shall seek to resolve the issue through consultations. If no
 agreement is found within 60 days of receipt of the objection, the Party seeking to modify or rectify
 its Sub-section under Section B of Annex PPROC-1 may refer the matter to dispute settlement in
 accordance with Title I [Dispute settlement] of Part Six [Dispute settlement and horizontal
 provisions], to determine whether the objection is justified.
 Article PPROC.18: Amendment of Section B of Annex PPROC-1
 If a Party does not object to the modification pursuant to Article PPROC.15(3) [Modifications] or to a
 rectification pursuant to Article PPROC.16(2) [Rectifications], or the modifications or rectifications
 are agreed between the Parties through the consultations referred to in Article PPROC.17
 [Consultations and dispute resolution], or there is a final settlement of the matter under Title I
 [Dispute settlement] of Part Six [Dispute settlement and horizontal provisions], the Partnership
 Council shall amend the relevant Sub-section under Section B of Annex PPROC-1 to reflect the
 corresponding modifications or rectifications or the compensatory adjustments.
 Article PPROC.19: Cooperation
 1. The Parties recognise the benefits that may arise from cooperating in the international
 promotion of the mutual liberalisation of public procurement markets.
 2. The Parties shall make available to each other annual statistics on covered procurement
 subject to technical availability.
 TITLE VII: SMALL AND MEDIUM-SIZED ENTERPRISES
 Article SME.1: Objective
 The objective of this Title is to enhance the ability of small and medium-sized enterprises to benefit
 from Heading one [Trade].
 Article SME.2: Information sharing
 1. Each Party shall establish or maintain its own publicly accessible website for small and
 medium-sized enterprises with information regarding Heading one [Trade], including:
 (a) a summary of Heading one [Trade];
 (b) a description of the provisions in Heading one [Trade] that each Party considers to be relevant
 to small and medium-sized enterprises of both Parties; and
 (c) any additional information that each Party considers would be useful for small and medium-
 sized enterprises interested in benefitting from Heading one [Trade].
 2. Each Party shall include an internet link in the website provided for in paragraph 1 to the:
 (a) text of Heading one [Trade];
 168
 ---pagebreak--- (b) equivalent website of the other Party; and
 (c) websites of its own authorities that the Party considers would provide useful information to
 persons interested in trading and doing business in its territory.
 3. Each Party shall include an internet link in the website provided for in paragraph 1 to
 websites of its own authorities with information related to the following:
 (a) customs laws and regulations, procedures for importation, exportation and transit as well as
 relevant forms, documents and other information required;
 (b) laws, regulations and procedures concerning intellectual property rights, including
 geographical indications;
 (c) technical laws and regulations including, where necessary, obligatory conformity assessment
 procedures and links to lists of conformity assessment bodies, in cases where third party
 conformity assessment is obligatory, as provided for in Chapter 4 [Technical barriers to trade]
 of Title I [Trade in goods] of this Heading;
 (d) laws and regulations on sanitary and phytosanitary measures relating to importation and
 exportation as provided for in Chapter 3 [Sanitary and phytosanitary issues] of Title I [Trade in
 goods] of this Heading;
 (e) laws and regulations on public procurement, single point of access on the internet to public
 procurement notices as provided for in Title VI [Public procurement] of this Heading and other
 relevant provisions contained in that Title;
 (f) company registration procedures; and
 (g) other information which the Party considers may be of assistance to small and medium-sized
 enterprises.
 4. Each Party shall include an internet link in the website provided for in paragraph 1 to a
 database that is electronically searchable by tariff nomenclature code and that includes the
 following information with respect to access to its market:
 (a) in respect of tariff measures and tariff-related information:
 (i) rates of customs duties and quotas, including most-favoured nation, rates concerning
 non most-favoured nation countries and preferential rates and tariff rate quotas;
 (ii) excise duties;
 (iii) taxes (value added tax/ sales tax);
 (iv) customs or other fees, including other product specific fees;
 (v) rules of origin as provided for in Chapter 2 [Rules of origin] of Title I [Trade in Goods]
 of this Heading;
 (vi) duty drawback, deferral, or other types of relief that reduce, refund, or waive customs
 duties;
 169
 ---pagebreak--- (vii) criteria used to determine the customs value of the good; and
 (viii) other tariff measures;
 (b) in respect of tariff nomenclature related non-tariff measures:
 (i) information needed for import procedures; and
 (ii) information related to non-tariff measures.
 5. Each Party shall regularly, or if requested by the other Party, update the information and
 links referred to in paragraphs 1 to 4 that it maintains on its website to ensure such information and
 links are up-to-date and accurate.
 6. Each Party shall ensure that the information and links referred to in paragraphs 1 to 4 is
 presented in an adequate manner to use for small and medium-sized enterprises. Each Party shall
 endeavour to make the information available in English.
 7. No fee shall apply for access to the information provided pursuant to paragraphs 1 to 4 for
 any person of either Party.
 Article SME.3: Small and medium-sized enterprises contact points
 1. Upon the entry into force of this Agreement, each Party shall designate a contact point to
 carry out the functions listed in this Article and notify the other Party of its contact details. The
 Parties shall promptly notify each other of any change of those contact details.
 2. The small and medium-sized enterprises contact points of the Parties shall:
 (a) seek to ensure that the needs of small and medium-sized enterprises are taken into account in
 the implementation of Heading one [Trade] and that small and medium-sized enterprises of
 both Parties can take advantage of Heading one [Trade];
 (b) consider ways for strengthening the cooperation on matters of relevance to small and
 medium-sized enterprises between the Parties in view of increasing trade and investment
 opportunities for small and medium-sized enterprises;
 (c) ensure that the information referred to in Article SME.2 [Information sharing] is up-to-date,
 accurate and relevant for small and medium-sized enterprises. Either Party may, through the
 small and medium-sized enterprises contact point, suggest additional information that the
 other Party may include in its websites to be maintained in accordance with Article SME.2
 [Information sharing];
 (d) examine any matter relevant to small and medium-sized enterprises in connection with the
 implementation of Heading one [Trade], including:
 (i) exchanging information to assist the Partnership Council in its task to monitor and
 implement the small and medium-sized enterprises-related aspects of Heading one
 [Trade];
 170
 ---pagebreak--- (ii) assisting specialised committees, joint working groups and contact points established
 by this Agreement in considering matters of relevance to small and medium-sized
 enterprises;
 (e) report periodically on their activities, jointly or individually, to the Partnership Council for its
 consideration; and
 (f) consider any other matter arising under this Agreement pertaining to small and medium-sized
 enterprises as the Parties may agree.
 3. The small and medium-sized enterprises contact points of the Parties shall carry out their
 work through the communication channels decided by the Parties, which may include electronic
 mail, videoconferencing or other means. They may also meet, as appropriate.
 4. Small and medium-sized enterprises contact points may seek to cooperate with experts and
 external organisations, as appropriate, in carrying out their activities.
 Article SME.4: Relation with Part Six
 Title I [Dispute settlement] of Part Six [Dispute settlement and horizontal provisions] does not apply
 to this Title.
 TITLE VIII: ENERGY
 Chapter 1: General provisions
 Article ENER.1: Objectives
 The objectives of this Title are to facilitate trade and investment between the Parties in the areas of
 energy and raw materials, and to support security of supply and environmental sustainability,
 notably in contributing to the fight against climate change in those areas.
 Article ENER.2: Definitions
 1. For the purposes of this Title, the following definitions apply:
 (a) “Agency for the Cooperation of Energy Regulators” means the Agency established by
 Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019
 establishing a European Union Agency for the Cooperation of Energy Regulators42;
 (b) “authorisation” means the permission, licence, concession or similar administrative or
 contractual instrument by which the competent authority of a Party entitles an entity to
 exercise a certain economic activity in its territory;
 (c) “balancing” means:
 42
 OJ EU L 158, 14.6.2019, p. 22.
 171
 ---pagebreak--- (i) for electricity systems, all actions and processes, in all timelines, through which
 electricity transmission system operators ensure, in an ongoing manner, maintenance
 of the system frequency within a predefined stability range and compliance with the
 amount of reserves needed with respect to the required quality;
 (ii) for gas systems, actions undertaken by gas transmission system operators to change
 the gas flows onto or off the transmission network, excluding those actions related to
 gas unaccounted for as off-taken from the system and gas used by the transmission
 system operator for the operation of the system;
 (d) “distribution” means:
 (i) in relation to electricity, the transport of electricity on high-voltage, medium-voltage
 and low-voltage distribution systems with a view to its delivery to customers, but does
 not include supply;
 (ii) in relation to gas, the transport of natural gas through local or regional pipeline
 networks with a view to its delivery to customers, but does not include supply;
 (e) “distribution system operator” means a natural or legal person who is responsible for
 operating, ensuring the maintenance of, and, if necessary, developing the electricity or gas
 distribution system in a given area and, where applicable, its interconnections with other
 systems, and for ensuring the long-term ability of the system to meet reasonable demands for
 the distribution of electricity or gas;
 (f) “electricity interconnector” means a transmission line:
 (i) between the Parties, excluding any such line wholly within the single electricity
 market in Ireland and Northern Ireland;
 (ii) between Great Britain and the single electricity market in Ireland and Northern Ireland
 that is outside the scope of point (i);
 (g) “energy goods” means the goods from which energy is generated, listed by the corresponding
 Harmonised System (HS) code in Annex ENER-1;
 (h) “entity” means any natural person, legal person or enterprise or group thereof;
 (i) “gas interconnector” means a transmission line which crosses or spans the border between
 the Parties;
 (j) “generation” means the production of electricity;
 (k) “hydrocarbons” means the goods listed by the corresponding HS code in Annex ENER-1;
 (l) “interconnection point” means, in relation to gas, a physical or virtual point connecting Union
 and United Kingdom entry-exit systems or connecting an entry-exit system with an
 interconnector, in so far as these points are subject to booking procedures by network users;
 (m) “raw materials” means the goods listed by the corresponding HS chapter in Annex ENER-1;
 172
 ---pagebreak--- (n) “renewable energy" means a type of energy, including electrical energy, produced from
 renewable non-fossil sources;
 (o) “standard capacity product” means, in relation to gas, a certain amount of transport capacity
 over a given period of time, at a specific interconnection point;
 (p) “transmission” means:
 (i) in relation to electricity, the transport of electricity on the extra high-voltage and high-
 voltage system with a view to its delivery to customers or to distributors, but does not
 include supply;
 (ii) in relation to gas, the transport of natural gas through a network, which mainly
 contains high-pressure pipelines, other than an upstream pipeline network and other
 than the part of high-pressure pipelines primarily used in the context of local
 distribution of natural gas, with a view to its delivery to customers, but not including
 supply;
 (q) “transmission system operator” means a natural or legal person who carries out the function
 of transmission or is responsible for operating, ensuring the maintenance of, and, if necessary,
 developing the electricity or gas transmission system in a given area and, where applicable, its
 interconnections with other systems, and for ensuring the long-term ability of the system to
 meet reasonable demands for the transport of gas or electricity, as the case may be;
 (r) “upstream pipeline network” means any pipeline or network of pipelines operated or
 constructed as part of an oil or gas production project, or used to convey natural gas from one
 or more such projects to a processing plant or terminal or final coastal landing terminal.
 2. For the purposes of this Title, references to “non-discriminatory” and “non-discrimination”
 mean most-favoured-nation treatment as defined in Articles SERVIN.2.4 [Most Favoured Nation
 Treatment] and 3.5[Most Favoured Nation Treatment] and national treatment as defined in Articles
 SERVIN. 2.3 [National Treatment] and 3.4 [National Treatment], as well as treatment under terms
 and conditions no less favourable than that accorded to any other like entity in like situations.
 Article ENER.3: Relationship with other Titles
 1. Chapters 2 [Investment liberalisation] and 3 [Cross-border trade in services] of Title II apply
 to energy and raw materials. In the event of any inconsistency between this Title and Title II
 [Services and investment] and the Annexes SERVIN-1 to SERVIN-6, Title II [Services and investment]
 and the Annexes SERVIN-1 to SERVIN-6 shall prevail.
 2. For the purposes of Article GOODS.4A [Freedom of transit], where a Party maintains
 or implements a system of virtual trading of natural gas or electricity using pipelines or electricity
 grids, meaning a system which does not require physical identification of the transited natural
 gas or electricity but is based on a system of netting inputs and outputs, the routes most convenient
 for international transit as referred to in that Article shall be deemed to include such virtual trading.
 3. When applying Chapter 3 [Subsidy control] of Title XI [Level playing field for open and fair
 competition and sustainable development], Annex ENER-2 also applies. Chapter 3 [Subsidy control]
 of Title XI [Level playing field for open and fair competition and sustainable development] applies to
 173
 ---pagebreak--- Annex ENER-2. Article 3.13 [Dispute settlement] of Chapter 3 of Title XI [Level playing field for open
 and fair competition and sustainable development] applies to disputes arising between the Parties
 concerning the interpretation and application of Annex ENER-2.
 Article ENER.4: Principles
 Each Party preserves the right to adopt, maintain and enforce measures necessary to pursue
 legitimate public policy objectives, such as securing the supply of energy goods and raw materials,
 protecting society, the environment, including fighting against climate change, public health and
 consumers and promoting security and safety, consistent with the provisions of this Agreement.
 Chapter 2: Electricity and gas
 Section 1: Competition in electricity and gas markets
 Article ENER.5: Competition in markets and non-discrimination
 1. With the objective of ensuring fair competition, each Party shall ensure that its regulatory
 framework for the production, generation, transmission, distribution or supply of electricity or
 natural gas is non-discriminatory with regard to rules, fees and treatment.
 2. Each Party shall ensure that customers are free to choose, or switch to, the electricity or
 natural gas supplier of their choice within their respective retail markets in accordance with the
 applicable laws and regulations.
 3. Without prejudice to the right of each Party to define quality requirements, the provisions in
 this Chapter related to natural gas also apply to biogas and gas from biomass or other types of gas in
 so far as such gas can technically and safely be injected into, and transported through, the natural
 gas system.
 4. This Article does not apply to cross-border trade and is without prejudice to each Party's
 right to regulate in order to achieve legitimate public policy goals based on objective and non-
 discriminatory criteria.
 Article ENER.6: Provisions relating to wholesale electricity and gas markets
 1. Each Party shall ensure that wholesale electricity and natural gas prices reflect actual supply
 and demand. To this end, each Party shall ensure that wholesale electricity and natural gas market
 rules:
 (a) encourage free price formation;
 (b) do not set any technical limits on pricing that restrict trade;
 (c) enable the efficient dispatch of electricity generation assets, energy storage and demand
 response and the efficient use of the electricity system;
 (d) enable the efficient use of the natural gas system; and
 174
 ---pagebreak--- (e) enable the integration of electricity from renewable energy sources, and ensure the efficient
 and secure operation and development of the electricity system.
 2. Each Party shall ensure that balancing markets are organised in such a way as to ensure:
 (a) non-discrimination between participants and non-discriminatory access to participants;
 (b) that services are defined in a transparent manner;
 (c) that services are procured in a transparent, market-based manner, taking account of the
 advent of new technologies; and
 (d) that producers of renewable energy are accorded reasonable and non-discriminatory terms
 when procuring products and services.
 A Party may decide not to apply point (c) if there is a lack of competition in the market for balancing
 services.
 3. Each Party shall ensure that any capacity mechanism in electricity markets is clearly defined,
 transparent, proportionate and non-discriminatory. Neither Party is required to permit capacity
 situated in the territory of the other Party to participate in any capacity mechanism in its electricity
 markets.
 4. Each Party shall assess the necessary actions to facilitate the integration of gas from
 renewable sources.
 5. This Article is without prejudice to each Party's right to regulate in order to achieve
 legitimate public policy goals based on objective and non-discriminatory criteria.
 Article ENER.7: Prohibition of market abuse on wholesale electricity and gas markets
 1. Each Party shall prohibit market manipulation and insider trading on wholesale electricity
 and natural gas markets, including over-the-counter markets, electricity and natural gas exchanges
 and markets for the trading of electricity and natural gas, capacity, balancing and ancillary services in
 all timeframes, including forward, day-ahead and intraday markets.
 2. Each Party shall monitor trading activity on these markets with a view to detecting and
 preventing trading based on inside information and market manipulation.
 3. The Parties shall cooperate, including in accordance with Article ENER.20 [Cooperation
 between regulatory authorities], with a view to detecting and preventing trading based on inside
 information and market manipulation and, where appropriate, may exchange information including
 on market monitoring and enforcement activities.
 175
 ---pagebreak--- Article ENER.8: Third-party access to transmission and distribution networks
 1. Each Party shall ensure the implementation of a system of third-party access to their
 transmission and distribution networks based on published tariffs that are applied objectively and in
 a non-discriminatory manner.
 2. Without prejudice to Article ENER.4 [Principles], each Party shall ensure that transmission
 and distribution system operators in its territory grant access to their transmission or distribution
 systems to entities in that Party’s market within a reasonable period of time from the date of the
 request for access.
 Each Party shall ensure that transmission system operators treat producers of renewable energy on
 reasonable and non-discriminatory terms regarding connection to, and use of, the electricity
 network.
 The transmission or distribution system operator may refuse access where it lacks the necessary
 capacity. Duly substantiated reasons shall be given for any such refusal.
 3. Without prejudice to legitimate public policy objectives, each Party shall ensure that charges
 applied to entities in that Party’s market by transmission and distribution system operators for
 access to, connection to or the use of networks, and, where applicable, charges for related network
 reinforcements, are appropriately cost-reflective and transparent. Each Party shall ensure
 publication of the terms, conditions, tariffs and all such information that may be necessary for the
 effective exercise of the right of access to, and use of, transmission and distribution systems.
 4. Each Party shall ensure that the tariffs and charges referred to in paragraphs 1 and 3 are
 applied in a non-discriminatory manner with respect to entities in that Party’s market.
 Article ENER.9: System operation and unbundling of transmission network operators
 1. Each Party shall ensure that transmission system operators carry out their functions in a
 transparent, non-discriminatory way.
 2. Each Party shall implement arrangements for transmission system operators which are
 effective in removing any conflicts of interest arising as a result of the same person exercising
 control over a transmission system operator and a producer or supplier.
 Article ENER.10: Public policy objectives for third-party access and ownership unbundling
 1. Where necessary to fulfil a legitimate public policy objective and based on objective criteria,
 a Party may decide not to apply Articles ENER.8 [Third-party access to transmission and distribution
 networks] and ENER.9 [System operation and unbundling of transmission network operators] to the
 following:
 (a) emergent or isolated markets or systems;
 (b) infrastructure which meets the conditions set out in Annex ENER-3.
 176
 ---pagebreak--- 2. Where necessary to fulfil a legitimate public policy objective and based on objective criteria,
 a Party may decide not to apply Articles ENER.5 [Competition in markets and non-discrimination]
 and ENER.6 [Provisions relating to wholesale electricity and gas markets] to:
 (a) small or isolated electricity markets or systems;
 (b) small, emergent or isolated natural gas markets or systems.
 Article ENER.11: Existing exemptions for interconnectors
 Each Party shall ensure that exemptions granted to interconnections between the Union and the
 United Kingdom under Article 63 of Regulation (EU) 2019/943 of the European Parliament and of the
 Council43 and under the law transposing Article 36 of the Directive 2009/73/EC of the European
 Parliament and of the Council44 in their respective jurisdictions, the terms of which extend beyond
 the transition period, continue to apply in accordance with the laws of their respective jurisdictions
 and the terms applicable.
 Article ENER.12: Independent regulatory authority
 1. Each Party shall ensure the designation and maintenance of an operationally independent
 regulatory authority or authorities for electricity and gas with the following powers and duties:
 (a) fixing or approving the tariffs, charges and conditions for access to networks referred to in
 Article ENER.8 [Third-party access to transmission and distribution networks], and the
 methodologies underlying them;
 (b) ensuring compliance with the arrangements referred to in Articles ENER.9 [System operation
 and unbundling of transmission network operators] and ENER.10 [Public policy objectives and
 third-party access and ownership unbundling];
 (c) issuing binding decisions at least in relation to points (a) and (b);
 (d) imposing effective remedies.
 2. In performing those duties and exercising those powers, the independent regulatory
 authority or authorities shall act impartially and transparently.
 Section 2: Trading over interconnectors
 43
 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the
 internal market for electricity (OJ EU L 158, 14.6.2019, p. 54).
 44
 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 (OJ EU L 211, 14.8.2009, p. 94).
 177
 ---pagebreak--- Article ENER.13: Efficient use of electricity interconnectors
 1. With the aim of ensuring the efficient use of electricity interconnectors and reducing
 barriers to trade between the Union and the United Kingdom, each Party shall ensure that:
 (a) capacity allocation and congestion management on electricity interconnectors is market
 based, transparent and non-discriminatory;
 (b) the maximum level of capacity of electricity interconnectors is made available, respecting the:
 (i) need to ensure secure system operation; and
 (ii) most efficient use of systems;
 (c) electricity interconnector capacity may only be curtailed in emergency situations and any such
 curtailment takes place in a non-discriminatory manner;
 (d) information on capacity calculation is published to support the objectives of this Article;
 (e) there are no network charges on individual transactions on, and no reserve prices for the use
 of, electricity interconnectors;
 (f) capacity allocation and congestion management across electricity interconnectors is
 coordinated between concerned Union transmission system operators and United Kingdom
 transmission system operators; this coordination shall involve the development of
 arrangements to deliver robust and efficient outcomes for all relevant timeframes, being
 forward, day-ahead, intraday and balancing; and
 (g) capacity allocation and congestion management arrangements contribute to supportive
 conditions for the development of, and investment in, economically efficient electricity
 interconnection.
 2. The coordination and arrangements referred to in point (f) of paragraph 1 shall not involve
 or imply participation by United Kingdom transmission system operators in Union procedures for
 capacity allocation and congestion management.
 3. Each Party shall take the necessary steps to ensure the conclusion as soon as possible of a
 multi-party agreement relating to the compensation for the costs of hosting cross-border flows of
 electricity between:
 (a) transmission system operators participating in the inter-transmission system operator
 compensation mechanism established by Commission Regulation (EU) No 838/201045; and
 45
 Commission Regulation (EU) No 838/2010 of 23 September 2010 on laying down guidelines relating to
 the inter-transmission system operator compensation mechanism and a common regulatory approach to
 transmission charging (OJ EU L 250, 24.9.2010, p. 5).
 178
 ---pagebreak--- (b) United Kingdom transmission system operators.
 4. The multi-party agreement referred to in paragraph 3 shall aim to ensure:
 (a) that United Kingdom transmission system operators are treated on an equivalent basis to a
 transmission system operator in a country participating in the inter-transmission system
 operator compensation mechanism; and
 (b) the treatment of United Kingdom transmission system operators is not more favourable in
 comparison to that which would apply to a transmission system operator participating in the
 inter-transmission system operator compensation mechanism.
 5. Notwithstanding point (e) of paragraph 1, until such time as the multi-party agreement
 referred to in paragraph 3 has been concluded, a transmission system use fee may be levied on
 scheduled imports and exports between the Union and the United Kingdom.
 Article 14: Electricity trading arrangements at all timeframes
 1. For capacity allocation and congestion management at the day ahead stage, the Specialised
 Committee on Energy, as a matter of priority, shall take the necessary steps in accordance with
 Article ENER.19 [Cooperation between transmission system operators] to ensure that transmission
 system operators develop arrangements setting out technical procedures in accordance with Annex
 ENER-4 within a specific timeline.
 2. If the Specialised Committee on Energy does not recommend that the Parties implement
 such technical procedures in accordance with Article ENER.19(4) [Cooperation between transmission
 system operators], it shall take decisions and make recommendations as necessary for electricity
 interconnector capacity to be allocated at the day-ahead market timeframe in accordance with
 Annex ENER-4.
 3. The Specialised Committee on Energy shall keep under review the arrangements for all
 timeframes, and for balancing and intraday timeframes in particular, and may recommend that each
 Party requests its transmission system operators to prepare technical procedures in accordance with
 Article ENER.19 [Cooperation between transmission system operators] to improve arrangements for
 a particular timeframe.
 4. The Specialised Committee on Energy shall keep under review whether the technical
 procedures developed in accordance with paragraph 1 continue to meet the requirements of Annex
 ENER-4, and shall promptly address any issues that are identified.
 Article ENER.15: Efficient use of gas interconnectors
 1. With the aim of ensuring the efficient use of gas interconnectors and reducing barriers to
 trade between the Union and the United Kingdom, each Party shall ensure that:
 (a) the maximum level of capacity of gas interconnectors is made available, respecting the
 principle of non-discrimination and taking account of:
 (i) the need to ensure secure system operation; and
 179
 ---pagebreak--- (ii) the most efficient use of systems;
 (b) capacity allocation mechanisms and congestion management procedures for gas
 interconnectors are market-based, transparent and non-discriminatory, and that auctions are
 generally used for the allocation of capacity at interconnection points.
 2. Each Party shall take the necessary steps to ensure that:
 (a) transmission system operators endeavour to offer jointly standard capacity products which
 consist of corresponding entry and exit capacity at both sides of an interconnection point;
 (b) transmission system operators coordinate procedures relating to the use of gas
 interconnectors between Union transmission system operators and United Kingdom
 transmission system operators concerned.
 3. The coordination referred to in point (b) of paragraph 2 shall not involve or imply
 participation by United Kingdom transmission system operators in Union procedures relating to the
 use of gas interconnectors.
 Section 3: Network development and security of supply
 Article ENER.16: Network development
 1. The Parties shall cooperate to facilitate the timely development and interoperability of
 energy infrastructure connecting their territories.
 2. Each Party shall ensure that network development plans for electricity and gas transmission
 systems are drawn up, published and regularly updated.
 Article ENER.17: Cooperation on security of supply
 1. The Parties shall cooperate with respect to the security of supply of electricity and natural
 gas.
 2. The Parties shall exchange information on any risks identified pursuant to Article ENER.18
 [Risk preparedness and emergency plans] in a timely manner.
 3. The Parties shall share the plans referred to in Article ENER.18 [Risk preparedness and
 emergency plans]. For the Union, these plans may be at Member State or regional level.
 4. The Parties shall inform each other without undue delay where there is reliable information
 that a disruption or other crisis relating to the supply of electricity or natural gas may occur and on
 measures planned or taken.
 5. The Parties shall immediately inform each other in the event of an actual disruption or other
 crisis, in view of possible coordinated mitigation and restoration measures.
 180
 ---pagebreak--- 6. The Parties shall share best practices regarding short-term and seasonal adequacy
 assessments.
 7. The Parties shall develop appropriate frameworks for cooperation with respect to the
 security of supply of electricity and natural gas.
 Article ENER.18: Risk preparedness and emergency plans
 1. Each Party shall assess risks affecting the security of supply of electricity or natural gas,
 including the likelihood and impact of such risks, and including cross-border risks.
 2. Each Party shall establish and regularly update plans to address identified risks affecting the
 security of supply of electricity or natural gas. Such plans shall contain the measures needed to
 remove or mitigate the likelihood and impact of any risk identified under paragraph 1 and the
 measures needed to prepare for, and mitigate the impact of, an electricity or natural gas crisis.
 3. The measures contained in the plans referred to in paragraph 2 shall:
 (a) be clearly defined, transparent, proportionate, non-discriminatory and verifiable;
 (b) not significantly distort trade between the Parties; and
 (c) not endanger the security of supply of electricity or natural gas of the other Party.
 In the event of a crisis, the Parties shall only activate non-market based measures as a last resort.
 Section 4: Technical cooperation
 Article ENER.19: Cooperation between transmission system operators
 1. Each Party shall ensure that transmission system operators develop working arrangements
 that are efficient and inclusive in order to support the planning and operational tasks associated
 with meeting the objectives of this Title, including, when recommended by the Specialised
 Committee on Energy, the preparation of technical procedures to implement effectively the
 provisions of:
 (a) Article ENER.13 [Efficient use of electricity interconnectors];
 (b) Article ENER.14 [Electricity trading arrangements at all timeframes];
 (c) Article ENER.15 [Efficient use of gas interconnectors];
 (d) Article ENER.16 [Network development]; and
 (e) Article ENER.17 [Cooperation on security of supply].
 The working arrangements referred to in the first subparagraph shall include frameworks for
 cooperation between the European Network of Transmission System Operators for Electricity
 181
 ---pagebreak--- established in accordance with Regulation (EU) 2019/943 (“ENTSO-E”) and the European Network of
 Transmission System Operators for Gas established in accordance with Regulation (EC) No 715/2009
 of the European Parliament and of the Council46 (“ENTSOG”), on the one side, and the transmission
 system operators for electricity and gas in the United Kingdom, on the other. Those frameworks
 shall cover at least the following areas:
 (a) electricity and gas markets;
 (b) access to networks;
 (c) the security of electricity and gas supply;
 (d) offshore energy;
 (e) infrastructure planning;
 (f) the efficient use of electricity and gas interconnectors; and
 (g) gas decarbonisation and gas quality.
 The Specialised Committee on Energy shall agree on guidance on the working arrangements and
 frameworks for cooperation for dissemination to transmission system operators as soon as
 practicable.
 The frameworks for cooperation mentioned in the second subparagraph shall not involve, or confer
 a status comparable to, membership in ENTSO-E or ENTSOG by United Kingdom transmission system
 operators.
 2. The Specialised Committee on Energy may recommend that each Party requests its
 transmission system operators to prepare the technical procedures as referred to in the first
 subparagraph of paragraph 1.
 3. Each Party shall ensure that its respective transmission system operators request the
 opinions of the Agency for the Cooperation of Energy Regulators and the regulatory authority in the
 United Kingdom designated in accordance with Article ENER.12 [Independent regulatory authority]
 on the technical procedures, respectively, in the event of a disagreement and in any event before
 the finalisation of those technical procedures. The Parties’ respective transmission system operators
 shall submit those opinions together with the draft technical procedures to the Specialised
 Committee on Energy.
 4. The Specialised Committee on Energy shall review the draft technical procedures, and may
 recommend that the Parties implement such procedures in their respective domestic arrangements,
 46
 Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on
 conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ
 EU L 211, 14.8.2009, p. 36).
 182
 ---pagebreak--- taking due account of the opinions of the Agency for the Cooperation of Energy Regulators and the
 regulatory authority in the United Kingdom designated in accordance with Article ENER.12
 [Independent regulatory authority]. The Specialised Committee on Energy shall monitor the effective
 operation of such technical procedures and may recommend that they be updated.
 Article ENER.20: Cooperation between regulatory authorities
 1. The Parties shall ensure that the Agency for the Cooperation of Energy Regulators and the
 regulatory authority in the United Kingdom designated in accordance with Article ENER.12
 [Independent regulatory authority] develop contacts and enter into administrative arrangements as
 soon as possible in order to facilitate meeting the objectives of this Agreement. The contacts and
 administrative arrangements shall cover at least the following areas:
 (a) electricity and gas markets;
 (b) access to networks;
 (c) the prevention of market abuse on wholesale electricity and gas markets;
 (d) the security of electricity and gas supply;
 (e) infrastructure planning;
 (f) offshore energy;
 (g) the efficient use of electricity and gas interconnectors;
 (h) cooperation between transmission system operators; and
 (i) gas decarbonisation and gas quality.
 The Specialised Committee on Energy shall agree on guidance on the administrative arrangements
 for such cooperation for dissemination to regulatory authorities as soon as practicable.
 2. The administrative arrangements referred to in paragraph 1 shall not involve, or confer a
 status comparable to, participation in the Agency for the Cooperation of Energy Regulators by the
 regulatory authority in the United Kingdom designated in accordance with Article ENER.12
 [Independent regulatory authority].
 Chapter 3: Safe and sustainable energy
 Article ENER.21: Renewable energy and energy efficiency
 1. Each Party shall promote energy efficiency and the use of energy from renewable sources.
 Each Party shall ensure that its rules that apply to licencing or equivalent measures applicable to
 energy from renewable sources are necessary and proportionate.
 183
 ---pagebreak--- 2. The Union reaffirms the target for the share of gross final energy consumption from
 renewable energy sources in 2030 as set out in Directive (EU) 2018/2001 of the European Parliament
 and of the Council47.
 The Union reaffirms its energy efficiency targets for 2030 as set out in the Directive 2012/27/EU of
 the European Parliament and of the Council48.
 3. The United Kingdom reaffirms:
 (a) its ambition for the share of energy from renewable sources in gross final energy consumption
 in 2030 as set out in its National Energy and Climate Plan;
 (b) its ambition for the absolute level of primary and final energy consumption in 2030 as set out
 in its National Energy and Climate Plan.
 4. The Parties shall keep each other informed in relation to the matters referred to in
 paragraphs 2 and 3.
 Article ENER.22: Support for renewable energy
 1. Each Party shall ensure that support for electricity from renewable sources facilitates the
 integration of electricity from renewable sources in the electricity market.
 2. Biofuels, bioliquids and biomass shall only be supported as renewable energy if they meet
 robust criteria for sustainability and greenhouse gas emissions saving, which are subject to
 verification.
 3. Each Party shall clearly define any technical specifications which are to be met by renewable
 energy equipment and systems in order to benefit from support schemes. Such technical
 specifications shall take into account cooperation developed under Article ENER.25 [Cooperation on
 standards], Article TBT.4 [Technical regulations] and Article TBT.5 [Standards].
 Article ENER.23: Cooperation in the development of offshore renewable energy
 1. The Parties shall cooperate in the development of offshore renewable energy by sharing
 best practices and, where appropriate, by facilitating the development of specific projects.
 2. Building on the North Seas Energy Cooperation, the Parties shall enable the creation of a
 specific forum for technical discussions between the European Commission, ministries and public
 authorities of the Member States, United Kingdom ministries and public authorities, transmission
 system operators and the offshore energy industry and stakeholders more widely, in relation to
 47
 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the
 promotion of the use of energy from renewable sources (OJ EU L 328, 21.12.2018, p. 82).
 48
 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy
 efficiency (OJ EU L 315, 14.11.2012, p.1).
 184
 ---pagebreak--- offshore grid development and the large renewable energy potential of the North Seas region. That
 cooperation shall include at least the following areas:
 (a) hybrid and joint projects;
 (b) maritime spatial planning;
 (c) support framework and finance;
 (d) best practices on respective onshore and offshore grid planning;
 (e) the sharing of information on new technologies; and
 (f) the exchange of best practices in relation to the relevant rules, regulations and technical
 standards.
 Article ENER.24: Offshore risk and safety
 1. The Parties shall cooperate and exchange information with the aim of maintaining high
 levels of safety and environmental protection for all offshore oil and gas operations.
 2. The Parties shall take appropriate measures to prevent major accidents from offshore oil
 and gas operations and to limit the consequences of such accidents.
 3. The Parties shall promote the exchange of best practices among their authorities that are
 competent for the safety and environmental protection of offshore oil and gas operations. The
 regulation of the safety and environmental protection of offshore oil and gas operations shall be
 independent from any functions relating to licensing of offshore oil and gas operations.
 Article ENER.25: Cooperation on standards
 In accordance with Article TBT.5 [Standards] and Article TBT.11 [Cooperation], the Parties shall
 promote cooperation between the regulators and standardisation bodies located within their
 respective territories to facilitate the development of international standards with respect to energy
 efficiency and renewable energy, with a view to contributing to sustainable energy and climate
 policy.
 Article ENER.26: Research, development and innovation
 The Parties shall promote research, development and innovation in the areas of energy efficiency
 and renewable energy.
 Chapter 4: Energy goods and raw materials
 185
 ---pagebreak--- Article ENER.27: Export pricing
 A Party shall not impose a higher price for exports of energy goods or raw materials to the other
 Party than the price charged for those energy goods or raw materials when destined for the
 domestic market, by means of any measures such as licences or minimum price requirements.
 Article ENER.28: Regulated pricing
 If a Party decides to regulate the price of the domestic supply to consumers of electricity or natural
 gas, it may do so only to achieve a public policy objective, and only by imposing a regulated price
 that is clearly defined, transparent, non-discriminatory and proportionate.
 Article ENER.29: Authorisation for exploration and production of hydrocarbons and generation of
 electricity
 1. If a Party requires an authorisation for exploration or production of hydrocarbons or
 generation of electricity, that Party shall grant such authorisations on the basis of objective and non-
 discriminatory criteria which are drawn up and published before the start of the period for
 submission of applications in accordance with the general conditions and procedures set out in
 Section 1 [Domestic regulation] of Chapter 5 [Regulatory framework] of Title II [Services and
 investment].
 2. Notwithstanding paragraph 1 of this Article and Article ENER.3 [Relationship with other
 Titles], each Party may grant authorisations related to exploration for or the production of
 hydrocarbons without complying with the conditions and procedures related to publication set out
 in Article SERVIN.5.8 [Publication and information available] on the basis of duly justified exemptions
 as provided for in applicable legislation.
 3. Financial contributions or contributions in kind required from entities to which an
 authorisation is granted shall not interfere with the management and decision-making process of
 such entities.
 4. Each Party shall provide that an applicant for authorisation has the right to appeal any
 decision concerning the authorisation to an authority higher than or independent from the authority
 that issued the decision or to request that such a higher or independent authority review that
 decision. Each Party shall ensure that the applicant is provided with the reasons for the
 administrative decision to enable the applicant to have recourse to the procedures for appeal or
 review if necessary. The applicable rules for appeal or review shall be published.
 Article ENER.30: Safety and integrity of energy equipment and infrastructure
 This Title shall not be construed as preventing a Party from adopting temporary measures necessary
 to protect the safety and preserve the integrity of energy equipment or infrastructure, provided that
 those measures are not applied in a manner which would constitute a disguised restriction on trade
 or investment between the Parties.
 Chapter 5: Final provisions
 186
 ---pagebreak--- Article ENER.31: Effective implementation and amendments
 1. The Partnership Council may amend Annex ENER-1 and Annex ENER-3. The Partnership
 Council may update Annex ENER-2 as necessary to ensure the operation of that Annex over time.
 2. The Specialised Committee on Energy may amend Annex ENER-4.
 3. The Specialised Committee on Energy shall make recommendations as necessary to ensure
 the effective implementation of the Chapters of this Title for which it is responsible.
 Article ENER.32: Dialogue
 The Parties shall establish a regular dialogue to facilitate meeting the objectives of this Title.
 Article ENER.33: Termination of this Title
 1. This Title shall cease to apply on 30 June 2026.
 2. Notwithstanding paragraph 1, between 1 July 2026 and 31 December 2026 the Partnership
 Council may decide that this Title will apply until 31 March 2027. Between 1 April 2027 and 31
 December 2027, as well as at any point of time in any subsequent year, the Partnership Council may
 decide that this Title will apply until 31 March of the following year.
 3. This Article applies without prejudice to Articles FISH.17 [Termination], FINPROV.8
 [Termination] and OTH.10 [Termination of Part Two].
 TITLE IX: TRANSPARENCY
 Article TRNSY.1: Objective
 1. Recognising the impact that their respective regulatory environments may have on trade
 and investment between them, the Parties aim to provide a predictable regulatory environment and
 efficient procedures for economic operators, especially for small and medium-sized enterprises.
 2. The Parties affirm their commitments in relation to transparency under the WTO
 Agreement, and build on those commitments in the provisions laid down in this Title.
 Article TRNSY.2: Definition
 For the purposes of this Title, “administrative decision” means a decision or action with legal effect
 that applies to a specific person, good or service in an individual case, and covers the failure to take
 a decision or take such action when that is so required by the law of a Party.
 Article TRNSY.3: Scope
 This Title applies with respect to Titles I to VIII and Titles X to XII and Heading Six [Other provisions].
 Article TRNSY.4: Publication
 1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of
 general application are promptly published via an officially designated medium, and, where feasible,
 187
 ---pagebreak--- by electronic means, or are otherwise made available in such a manner as to enable any person to
 become acquainted with them.
 2. To the extent appropriate, each Party shall provide an explanation of the objective of and
 rationale for measures referred to in paragraph 1.
 3 Each Party shall provide a reasonable period of time between publication and entry into
 force of its laws and regulations, except when this is not possible for reasons of urgency.
 Article TRNSY.5: Enquiries
 1. Each Party shall establish or maintain appropriate and proportionate mechanisms for
 responding to questions from any person regarding any laws or regulations.
 2. Each Party shall promptly provide information and respond to questions by the other Party
 pertaining to any law or regulation whether in force or planned, unless a specific mechanism is
 established under another provision of this Agreement.
 Article TRNSY.6: Administration of measures of general application
 1. Each Party shall administer its laws, regulations, procedures and administrative rulings of
 general application in an objective, impartial, and reasonable manner.
 2. When administrative proceedings relating to persons, goods or services of the other Party
 are initiated in respect of the application of laws or regulations, each Party shall:
 (a) endeavour to provide persons who are directly affected by the administrative proceedings
 with reasonable notice in accordance with its laws and regulations, including a description of
 the nature of the proceedings, a statement of the legal authority under which the proceedings
 are initiated and a general description of any issues in controversy; and
 (b) afford such persons a reasonable opportunity to present facts and arguments in support of
 their positions prior to any final administrative decision insofar as time, the nature of the
 proceedings and the public interest permit.
 Article TRNSY.7: Review and appeal
 1. Each Party shall establish or maintain judicial, arbitral or administrative tribunals and
 procedures for the purpose of the prompt review and, if warranted, correction of administrative
 decisions. Each Party shall ensure that its tribunals carry out procedures for appeal or review in a
 non-discriminatory and impartial manner. Those tribunals shall be impartial and independent of the
 authority entrusted with administrative enforcement.
 2. Each Party shall ensure that the parties to the proceedings as referred to in paragraph 1 are
 provided with a reasonable opportunity to support or defend their respective positions.
 3. In accordance with its law, each Party shall ensure that any decisions adopted in proceedings
 as referred to in paragraph 1 are based on the evidence and submissions of record or, where
 applicable, on the record compiled by the competent administrative authority.
 188
 ---pagebreak--- 4. Each Party shall ensure that decisions as referred to in paragraph 3 shall be implemented by
 the authority entrusted with administrative enforcement, subject to appeal or further review as
 provided for in its law.
 Article TRNSY.8: Relation to other Titles
 The provisions set out in this Title supplement the specific transparency rules set out in those Titles
 of this Part with respect to which this Title applies.
 TITLE X: GOOD REGULATORY PRACTICES AND REGULATORY COOPERATION
 Article GRP.1: General principles
 1. Each Party shall be free to determine its approach to good regulatory practices under this
 Agreement in a manner consistent with its own legal framework, practice, procedures and
 fundamental principles49 underlying its regulatory system.
 2. Nothing in this Title shall be construed as requiring a Party to:
 (a) deviate from its domestic procedures for preparing and adopting regulatory measures;
 (b) take actions that would undermine or impede the timely adoption of regulatory measures to
 achieve its public policy objectives; or
 (c) achieve any particular regulatory outcome.
 3. Nothing in this Title shall affect the right of a Party to define or regulate its own levels of
 protection in pursuit or furtherance of its public policy objectives in areas such as:
 (a) public health;
 (b) human, animal or plant life and health, and animal welfare;
 (c) occupational health and safety;
 (d) labour conditions;
 (e) environment including climate change;
 (f) consumer protection;
 (g) social protection and social security;
 (h) data protection and cybersecurity;
 (i) cultural diversity;
 (j) integrity and stability of the financial system, and protection of investors;
 49
 For the Union, such principles include the precautionary principle.
 189
 ---pagebreak--- (k) energy security; and
 (l) anti-money laundering.
 For greater certainty, for the purposes of in particular point (c) and (d) of the first subparagraph, the
 different models of industrial relations, including the role and autonomy of social partners,
 as provided for in the law or national practices of a Party, shall continue to apply, including laws and
 practices concerning collective bargaining and the enforcement of collective agreements.
 4. Regulatory measures shall not constitute a disguised barrier to trade.
 Article GRP.2: Definitions
 For the purposes of this Title:
 (a) “regulatory authority” means:
 (i) for the Union, the European Commission; and
 (ii) for the United Kingdom, Her Majesty’s Government of the United Kingdom of Great
 Britain and Northern Ireland, and the devolved administrations of the United
 Kingdom.
 (b) “regulatory measures” means:
 (i) for the Union:
 (A) regulations and directives, as provided for in Article 288 of the Treaty on
 the Functioning of the European Union (TFEU); and
 (B) implementing and delegated acts, as provided for in Articles 290 and 291
 TFEU, respectively; and
 (ii) for the United Kingdom:
 (A) primary legislation; and
 (B) secondary legislation.
 Article GRP.3: Scope
 1. This Title applies to regulatory measures proposed or issued, as relevant, by the regulatory
 authority of each Party in respect of any matter covered by Titles I to IX, Title XI and Title XII and
 Heading Six [Other provisions].
 2. Articles GRP.12 [Regulatory cooperation activities] and GRP.13 [Trade Specialised
 Committee on Regulatory Cooperation] also apply to other measures of general application issued or
 proposed by the regulatory authority of a Party in respect of any matter covered by the Titles
 referred to in paragraph 1 which are relevant to regulatory cooperation activities, such as guidelines,
 policy documents or recommendations.
 3. This Title does not apply to regulatory authorities and regulatory measures, regulatory
 practices or approaches of the Member States.
 190
 ---pagebreak--- 4. Any specific provisions in the Titles referred to in paragraph 1 shall prevail over the
 provisions of this Title to the extent necessary for the application of the specific provisions.
 Article GRP.4: Internal coordination
 Each Party shall have in place internal coordination or review processes or mechanisms with respect
 to regulatory measures that its regulatory authority is preparing. Such processes or mechanisms
 should seek, inter alia, to:
 (a) foster good regulatory practices, including those set forth in this Title;
 (b) identify and avoid unnecessary duplication and inconsistent requirements between the Party’s
 own regulatory measures;
 (c) ensure compliance with the Party's international trade and investment obligations; and
 (d) promote the consideration of the impact of the regulatory measures under preparation,
 including the impact on small and medium-sized enterprises50, in accordance with its
 respective rules and procedures.
 Article GRP.5: Description of processes and mechanisms
 Each Party shall make publicly available descriptions of the processes or mechanisms used by its
 regulatory authority to prepare, evaluate or review regulatory measures. Those descriptions shall
 refer to relevant rules, guidelines or procedures, including those regarding opportunities for the
 public to provide comments.
 Article GRP.6: Early information on planned regulatory measures
 1. Each Party shall make publicly available, in accordance with its respective rules and
 procedures on at least an annual basis, a list of planned major51 regulatory measures that its
 regulatory authority reasonably expects to propose or adopt within a year. The regulatory authority
 of each Party may determine what constitutes a major regulatory measure for the purposes of its
 obligations under this Title.
 2. With respect to each major regulatory measure included in the list referred to in paragraph
 1, each Party should also make publicly available, as early as possible:
 (a) a brief description of its scope and objectives; and
 (b) if available, the estimated time for its adoption, including any opportunities for public
 consultation.
 50
 For the United Kingdom, “small and medium-sized enterprises” means small and micro-sized businesses.
 51
 In the case of the United Kingdom, major regulatory measures shall be understood as significant regulatory
 measures in accordance with the definition of such measures in the United Kingdom’s rules and
 procedures.
 191
 ---pagebreak--- Article GRP.7: Public consultation
 1. When preparing a major regulatory measure, each Party, in accordance with its respective
 rules and procedures, shall ensure that its regulatory authority:
 (a) publishes either the draft regulatory measure or consultation documents providing sufficient
 details about the regulatory measure under preparation to allow any person to assess
 whether and how that person's interests might be significantly affected;
 (b) offers, on a non-discriminatory basis, reasonable opportunities for any person to provide
 comments; and
 (c) considers the comments received.
 2. Each Party shall ensure that its regulatory authority makes use of electronic means of
 communication and shall seek to maintain online services that are available to the public free of
 charge for the purposes of publishing the relevant regulatory measures or documents of the kind
 referred to in point (a) of paragraph 1 and of receiving comments related to public consultations.
 3. Each Party shall ensure that its regulatory authority makes publicly available, in accordance
 with its respective rules and procedures, a summary of the results of the public consultations
 referred to in this Article.
 Article GRP.8: Impact assessment
 1. Each Party affirms its intention to ensure that its regulatory authority carries out, in
 accordance with its respective rules and procedures, impact assessments for any major regulatory
 measures it prepares. Such rules and procedures may provide for exceptions.
 2. When carrying out an impact assessment, each Party shall ensure that its regulatory
 authority has processes and mechanisms in place that promote the consideration of the following
 factors:
 (a) the need for the regulatory measure, including the nature and the significance of the problem
 that the regulatory measure intends to address;
 (b) any feasible and appropriate regulatory or non-regulatory options that would achieve the
 Party's public policy objectives, including the option of not regulating;
 (c) to the extent possible and relevant, the potential social, economic and environmental impact
 of those options, including the impact on international trade and investment and, in
 accordance with its respective rules and procedures, the impact on small and medium-sized
 enterprises; and
 (d) where appropriate, how the options under consideration relate to relevant international
 standards, including the reasons for any divergence.
 3. With respect to an impact assessment that a regulatory authority has conducted for a
 regulatory measure, each Party shall ensure that its regulatory authority prepares a final report
 detailing the factors it considered in its assessment and its relevant findings. To the extent possible,
 each Party shall make such reports publicly available no later than when the proposal for a
 regulatory measure as referred to in point (b)(i)(A) or (b)(ii(A) of Article GRP.2 [Definitions] or a
 192
 ---pagebreak--- regulatory measure as referred to in point (b)(i)(B) or (b)(ii)(B) of Article GRP.2 [Definitions] has been
 made publicly available.
 Article GRP.9: Retrospective evaluation
 1. Each Party shall ensure that its regulatory authority has in place processes or mechanisms
 for the purpose of carrying out periodic retrospective evaluations of regulatory measures in force,
 where appropriate.
 2. When conducting a periodic retrospective evaluation, each Party shall endeavour to
 consider whether there are opportunities to more effectively achieve its public policy objectives and
 to reduce unnecessary regulatory burdens, including on small and medium-sized enterprises.
 3. Each Party shall ensure that its regulatory authority makes publicly available any existing
 plans for and the results of such retrospective evaluations.
 Article GRP.10: Regulatory register
 Each Party shall ensure that regulatory measures that are in effect are published in a designated
 register that identifies regulatory measures and that is publicly available online free of charge. The
 register should allow searches for regulatory measures by citations or by word. Each Party shall
 periodically update its register.
 Article GRP.11: Exchange of information on good regulatory practices
 The Parties shall endeavour to exchange information on their good regulatory practices as set out in
 this Title, including in the Trade Specialised Committee on Regulatory Cooperation.
 Article GRP.12: Regulatory cooperation activities
 1. The Parties may engage in regulatory cooperation activities on a voluntary basis, without
 prejudice to the autonomy of their own decision-making and their respective legal orders. A Party
 may refuse to engage in or it may withdraw from regulatory cooperation activities. A Party that
 refuses to engage in or that withdraws from regulatory cooperation activities should explain the
 reasons for its decision to the other Party.
 2. Each Party may propose a regulatory cooperation activity to the other Party. It shall present
 its proposal via the contact point designated in accordance with Article GRP.14 [Contact points]. The
 other Party shall review that proposal within a reasonable period and shall inform the proposing
 Party whether it considers the proposed activity to be suitable for regulatory cooperation.
 3. In order to identify activities that are suitable for regulatory cooperation, each Party shall
 consider:
 (a) the list referred to in Article GRP.6(1) [Early information on planned regulatory measures]; and
 (b) proposals for regulatory cooperation activities submitted by persons of a Party that are
 substantiated and accompanied by relevant information.
 4. If the Parties decide to engage in a regulatory cooperation activity, the regulatory authority
 of each Party shall endeavour, where appropriate:
 193
 ---pagebreak--- (a) to inform the regulatory authority of the other Party about the preparation of new or the
 revision of existing regulatory measures and other measures of general application referred to
 in Article GRP.3(2) [Scope] that are relevant to the regulatory cooperation activity;
 (b) on request, to provide information and discuss regulatory measures and other measures of
 general application referred to in Article GRP.3(2) [Scope] that are relevant to the regulatory
 cooperation activity; and
 (c) when preparing new or revising existing regulatory measures or other measures of general
 application referred to in Article GRP.3(2) [Scope], consider, to the extent feasible, any
 regulatory approach by the other Party on the same or a related matter.
 Article GRP.13: Trade Specialised Committee on Regulatory Cooperation
 1. The Trade Specialised Committee on Regulatory Cooperation shall have the following
 functions:
 (a) enhancing and promoting good regulatory practices and regulatory cooperation between the
 Parties;
 (b) exchanging views with respect to the cooperation activities proposed or carried out under
 Article GRP.12 [Regulatory cooperation activities];
 (c) encouraging regulatory cooperation and coordination in international fora, including, when
 appropriate, periodic bilateral exchanges of information on relevant ongoing or planned
 activities.
 2. The Trade Specialised Committee on Regulatory Cooperation may invite interested persons
 to participate in its meetings.
 Article GRP.14: Contact points
 Within a month after the entry into force of this Agreement, each Party shall designate a contact
 point to facilitate the exchange of information between the Parties.
 Article GRP.15: Non-application of dispute settlement
 Title I [Dispute Settlement] of Part Six does not apply in respect of disputes regarding the
 interpretation and application of this Title.
 TITLE XI: LEVEL PLAYING FIELD FOR OPEN AND FAIR COMPETITION AND SUSTAINABLE
 DEVELOPMENT
 Chapter one: General provisions
 Article 1.1: Principles and objectives
 1. The Parties recognise that trade and investment between the Union and the United
 Kingdom under the terms set out in this Agreement require conditions that ensure a level playing
 field for open and fair competition between the Parties and that ensure that trade and investment
 take place in a manner conducive to sustainable development.
 194
 ---pagebreak--- 2. The Parties recognise that sustainable development encompasses economic development,
 social development and environmental protection, all three being interdependent and mutually
 reinforcing, and affirm their commitment to promote the development of international trade and
 investment in a way that contributes to the objective of sustainable development.
 3. Each Party reaffirms its ambition of achieving economy-wide climate neutrality by 2050.
 4. The Parties affirm their common understanding that their economic relationship can only
 deliver benefits in a mutually satisfactory way if the commitments relating to a level playing field for
 open and fair competition stand the test of time, by preventing distortions of trade or investment,
 and by contributing to sustainable development. However the Parties recognise that the purpose of
 this Title is not to harmonise the standards of the Parties. The Parties are determined to maintain
 and improve their respective high standards in the areas covered by this Title.
 Article 1.2: Right to regulate, precautionary approach52 and scientific and technical information
 1. The Parties affirm the right of each Party to set its policies and priorities in the areas covered
 by this Title, to determine the levels of protection it deems appropriate and to adopt or modify its
 law and policies in a manner consistent with each Party's international commitments, including its
 commitments under this Title.
 2. The Parties acknowledge that, in accordance with the precautionary approach, where there
 are reasonable grounds for concern that there are potential threats of serious or irreversible damage
 to the environment or human health, the lack of full scientific certainty shall not be used as a reason
 for preventing a Party from adopting appropriate measures to prevent such damage.
 3. When preparing or implementing measures aimed at protecting the environment or labour
 conditions that may affect trade or investment, each Party shall take into account relevant, available
 scientific and technical information, international standards, guidelines and recommendations.
 Article 1.3 Dispute settlement
 Title I [Dispute settlement] of Part Six [Dispute settlement and horizontal provisions] does not apply
 to this Chapter, except for Article 1.2(2) [Right to regulate, precautionary approach and scientific and
 technical information]. Articles 9.1 [Consultations] and 9.2 [Panel of experts] apply to Article 1.1(3)
 [Principles and objectives].
 Chapter two: Competition Policy
 Article 2.1: Principles and definitions
 1. The Parties recognise the importance of free and undistorted competition in their trade and
 investment relations. The Parties acknowledge that anticompetitive business practices may distort
 the proper functioning of markets and undermine the benefits of trade liberalisation.
 2. For the purposes of this Chapter, an “economic actor” means an entity or a group of entities
 constituting a single economic entity, regardless of its legal status, that is engaged in an economic
 activity by offering goods or services on a market.
 52
 For greater certainty, in relation to the implementation of this Agreement in the territory of the Union, the
 precautionary approach refers to the precautionary principle.
 195
 ---pagebreak--- Article 2.2: Competition law
 1. In recognition of the principles set out in Article 2.1 [Principles and definitions], each Party
 shall maintain a competition law which effectively addresses the following anticompetitive business
 practices:
 a) agreements between economic actors, decisions by associations of economic actors and
 concerted practices which have as their object or effect the prevention, restriction or
 distortion of competition;
 b) abuse by one or more economic actors of a dominant position; and
 c) for the United Kingdom, mergers or acquisitions and, for the Union, concentrations, between
 economic actors which may have significant anticompetitive effects.
 2. The competition law referred to in paragraph 1 shall apply to all economic actors
 irrespective of their nationality or ownership status.
 3. Each Party may provide for exemptions from its competition law in pursuit of legitimate
 public policy objectives, provided that those exemptions are transparent and are proportionate to
 those objectives.
 Article 2.3: Enforcement
 1. Each Party shall take appropriate measures to enforce its competition law in its territory.
 2. Each Party shall maintain an operationally independent authority or authorities competent
 for the effective enforcement of its competition law.
 3. Each Party shall apply its competition law in a transparent and non-discriminatory manner,
 respecting the principles of procedural fairness, including the rights of defence of the economic
 actors concerned, irrespective of their nationality or ownership status.
 Article 2.4: Cooperation
 1. To achieve the objectives of this Chapter and to enhance the effective enforcement of their
 respective competition law, the Parties recognise the importance of cooperation between their
 respective competition authorities with regard to developments in competition policy and
 enforcement activities.
 2. For the purposes of paragraph 1, the European Commission or the competition authorities
 of the Member States, on the one side, and the United Kingdom’s competition authority or
 authorities, on the other side, shall endeavour to cooperate and coordinate, with respect to their
 enforcement activities concerning the same or related conduct or transactions, where doing so is
 possible and appropriate.
 3. To facilitate the cooperation and coordination referred to in paragraphs 1 and 2, the
 European Commission and the competition authorities of the Member States, on the one side, and
 the United Kingdom’s competition authority or authorities, on the other side, may exchange
 information to the extent permitted by each Party’s law.
 196
 ---pagebreak--- 4. To implement the objectives of this Article, the Parties may enter into a separate agreement
 on cooperation and coordination between the European Commission, the competition authorities of
 the Member States and the United Kingdom’s competition authority or authorities, which may
 include conditions for the exchange and use of confidential information.
 Article 2.5: Dispute settlement
 This Chapter shall not be subject to dispute settlement under Title I [Dispute settlement] of Part Six
 [Dispute settlement and horizontal provisions].
 Chapter three: Subsidy control
 Article 3.1: Definitions
 1. For the purposes of this Chapter:
 a) “economic actor” means an entity or a group of entities constituting a single economic entity,
 regardless of its legal status, that is engaged in an economic activity by offering goods or
 services on a market;
 b) “subsidy” means financial assistance which:
 (i) arises from the resources of the Parties, including:
 (A) a direct or contingent transfer of funds such as direct grants, loans or loan
 guarantees;
 (B) the forgoing of revenue that is otherwise due; or
 (C) the provision of goods or services, or the purchase of goods or services;
 (ii) confers an economic advantage on one or more economic actors;
 (iii) is specific insofar as it benefits, as a matter of law or fact, certain economic actors over
 others in relation to the production of certain goods or services; and
 (iv) has, or could have, an effect on trade or investment between the Parties.
 2. For the purposes of point (b)(iii) of paragraph 1:
 (a) a tax measure shall not be considered as specific unless:
 (i) certain economic actors obtain a reduction in the tax liability that they otherwise would
 have borne under the normal taxation regime; and
 (ii) those economic actors are treated more advantageously than others in a comparable
 position within the normal taxation regime; for the purposes of this point, a normal
 taxation regime is defined by its internal objective, by its features (such as the tax
 base, the taxable person, the taxable event or the tax rate) and by an authority which
 is autonomous institutionally, procedurally, economically and financially and has the
 competence to design the features of the taxation regime.
 197
 ---pagebreak--- (b) notwithstanding point (a), a subsidy shall not be regarded as specific if it is justified by
 principles inherent to the design of the general system. In the case of tax measures, examples
 of such inherent principles are the need to fight fraud or tax evasion, administrative
 manageability, the avoidance of double taxation, the principle of tax neutrality, the
 progressive nature of income tax and its redistributive purpose, or the need to respect
 taxpayers’ ability to pay;
 (c) notwithstanding point (a), special purpose levies shall not be regarded as specific if their
 design is required by non-economic public policy objectives, such as the need to limit the
 negative impacts of certain activities or products on the environment or human health, insofar
 as the public policy objectives are not discriminatory53.
 Article 3.2: Scope and exceptions
 1. Article 3.4 [Principles], 3.5 [Prohibited subsidies and subsidies subject to conditions] and
 Article 3.12 [Remedial measures] do not apply to subsidies granted to compensate the damage
 caused by natural disasters or other exceptional non-economic occurrences.
 2. Nothing in this Chapter prevents the Parties from granting subsidies of a social character
 that are targeted at final consumers.
 3. Subsidies that are granted on a temporary basis to respond to a national or global economic
 emergency shall be targeted, proportionate and effective in order to remedy that emergency.
 Articles 3.5 [Prohibited subsidies and subsidies subject to conditions] and 3.12 [Remedial measures]
 do not apply to such subsidies.
 4. This Chapter does not apply to subsidies where the total amount granted to a single
 economic actor is below 325,000 Special Drawing Rights over any period of three fiscal years. The
 Partnership Council may amend that threshold.
 5. This Chapter does not apply to subsidies that are subject to the provisions of Part IV or
 Annex 2 of the Agreement on Agriculture and subsidies related to trade in fish and fish products.
 6. This Chapter does not apply to subsidies related to the audio-visual sector.
 7. Article 3.9 [Independent authority or body and cooperation] does not apply to subsidies
 financed by resources of the Parties at supranational level.
 8. For the purposes of subsidies to air carriers, for any reference to “effect on trade or
 investment between the Parties” in this Chapter, there shall be substituted a reference to “effect on
 competition between air carriers of the Parties in the provision of air transport services”, including
 those air transport services not covered under Title I [Air transport] of Heading 2 [Aviation].
 Article 3.3: Services of public economic interest
 1. Subsidies granted to economic actors assigned with particular tasks in the public interest,
 including public service obligations, are subject to Article 3.4 [Principles] insofar as the application of
 53
 For this purpose, discrimination means that there is less favourable treatment of an economic actor
 compared with others in like situations and that that differential treatment is not justified by objective
 criteria.
 198
 ---pagebreak--- the principles set out in that Article does not obstruct the performance in law or fact of the
 particular task assigned to the economic actor concerned. The task shall be assigned in advance in a
 transparent manner.
 2. The Parties shall ensure that the amount of compensation granted to an economic actor that
 is assigned with a task in the public interest is limited to what is necessary to cover all or part of the
 costs incurred in the discharge of that task, taking into account the relevant receipts and a
 reasonable profit for discharging that task. The Parties shall ensure that the compensation granted is
 not used to cross-subsidise activities falling outside the scope of the assigned task. Compensation
 below 15 million Special Drawing Rights per task shall not be subject to the obligations under Article
 3.7 [Transparency]. The Partnership Council may amend this threshold.
 3. This Chapter does not apply where the total compensation to an economic actor providing
 tasks in the public interest is below 750,000 Special Drawing Rights over any period of three fiscal
 years. The Partnership Council may amend this threshold.
 Article 3.4: Principles
 1. With a view to ensuring that subsidies are not granted where they have or could have a
 material effect on trade or investment between the Parties, each Party shall have in place and
 maintain an effective system of subsidy control that ensures that the granting of a subsidy respects
 the following principles:
 a) subsidies pursue a specific public policy objective to remedy an identified market failure or to
 address an equity rationale such as social difficulties or distributional concerns (“the
 objective”);
 b) subsidies are proportionate and limited to what is necessary to achieve the objective;
 c) subsidies are designed to bring about a change of economic behaviour of the beneficiary that
 is conducive to achieving the objective and that would not be achieved in the absence of
 subsidies being provided;
 d) subsidies should not normally compensate for the costs the beneficiary would have funded in
 the absence of any subsidy;
 e) subsidies are an appropriate policy instrument to achieve a public policy objective and that
 objective cannot be achieved through other less distortive means;
 f) subsidies’ positive contributions to achieving the objective outweigh any negative effects, in
 particular the negative effects on trade or investment between the Parties.
 2. Without prejudice to paragraph 1, each Party shall apply the conditions set out in Article 3.5
 [Prohibited subsidies and subsidies subject to conditions], where relevant, if the subsidies concerned
 have or could have a material effect on trade or investment between the Parties.
 3. It is for each Party to determine how its obligations under paragraphs 1 and 2 are
 implemented in the design of its subsidy control system in its own domestic law, provided that each
 Party shall ensure that the obligations in paragraphs 1 and 2 are implemented in its law in such a
 manner that the legality of an individual subsidy will be determined by the principles.
 199
 ---pagebreak--- Article 3.5 Prohibited subsidies and subsidies subject to conditions
 1. The categories of the subsidies referred to in Article 3.4(2) [Principles] and the conditions to
 be applied to them are as follows. The Partnership Council may update these provisions as necessary
 to ensure the operation of this Article over time.
 Unlimited state guarantees
 2. Subsidies in the form of a guarantee of debts or liabilities of an economic actor without any
 limitation as to the amount of those debts and liabilities or the duration of that guarantee shall be
 prohibited.
 Rescue and restructuring
 3. Subsidies for restructuring an ailing or insolvent economic actor without the economic actor
 having prepared a credible restructuring plan shall be prohibited. The restructuring plan shall be
 based on realistic assumptions with a view to ensuring the return to long-term viability of the ailing
 or insolvent economic actor within a reasonable time period. During the preparation of the
 restructuring plan, the economic actor can receive temporary liquidity support in the form of loans
 or loan guarantees. Except for small and medium-sized enterprises, an economic actor or its owners,
 creditors or new investors shall contribute significant funds or assets to the cost of restructuring. For
 the purposes of this paragraph, an ailing or insolvent economic actor is one that would almost
 certainly go out of business in the short to medium term without the subsidy
 4. Other than in exceptional circumstances, subsidies for the rescue and restructuring of
 insolvent or ailing economic actors should only be allowed if they contribute to an objective of public
 interest by avoiding social hardship or preventing a severe market failure, in particular with regard
 to job losses or disruption of an important service that is difficult to replicate. Except in the case of
 unforeseeable circumstances not caused by the beneficiary, they should not be granted more than
 once in any five year period.
 5. Paragraphs 3 and 4 do not apply to subsidies to ailing or insolvent banks, credit institutions
 and insurance companies.
 Banks, credit institutions and insurance companies
 6. Without prejudice to Article SERVIN 5.39 [Prudential carve-out], subsidies to restructure
 banks, credit institutions and insurance companies may only be granted on the basis of a credible
 restructuring plan that restores long-term viability. If a return to long-term viability cannot be
 credibly demonstrated, any subsidy to banks, credit institutions and insurance companies shall be
 limited to what is needed to ensure their orderly liquidation and exit from the market while
 minimising the amount of the subsidy and its negative effect on trade or investment between the
 Parties.
 7. It shall be ensured that the granting authority is properly remunerated for the restructuring
 subsidy and that the beneficiary, its shareholders, its creditors or the business group to which the
 beneficiary belongs, contribute significantly to the restructuring or liquidation costs from their own
 resources. Subsidies to support liquidity provisions shall be temporary, shall not be used to absorb
 losses and shall not become capital support. Proper remuneration shall be paid to the granting
 authority for the subsidies granted to support liquidity provisions.
 Export subsidies
 200
 ---pagebreak--- 8. Subsidies that are contingent in law or in fact54, whether solely or as one of several other
 conditions, upon export performance relating to goods or services, shall be prohibited, except in
 relation to:
 (a) short-term credit insurance for non-marketable risks; or
 (b) export credits and export credit guarantee or insurance programmes that are permissible in
 accordance with the SCM Agreement, read with any adjustments necessary for context.
 9. For the purposes of point (a) of paragraph 8 “marketable risk” means commercial and
 political risks with a maximum risk period of less than two years on public and non-public buyers in
 marketable risk countries55. A country may be understood to be temporarily removed from the
 group of marketable risk countries if there is a lack of sufficient private market capacity because of:
 (a) a significant contraction of private credit insurance capacity;
 (b) a significant deterioration of sovereign sector rating; or
 (c) a significant deterioration of corporate sector performance.
 10. Such temporary removal of a marketable risk country shall take effect, as far as a Party is
 concerned, in accordance with a decision of that Party on the basis of the criteria in paragraph 9, and
 only if that Party adopts such a decision. The publication of that decision shall be deemed to
 constitute notification to the other Party of such temporary removal as far as the former Party is
 concerned.
 11. If a subsidised insurer provides export credit insurance, any insurance for marketable risks
 shall be provided on a commercial basis. In such a case, the insurer shall not directly or indirectly
 benefit from subsidies for the provision of insurance for marketable risks.
 Subsidies contingent upon the use of domestic content
 12. Without prejudice to Article SERVIN 2.6 [Performance requirements] and Article SERVIN 2.7
 [Non-conforming measures and exceptions], subsidies contingent, whether solely or as one of
 several other conditions, upon the use of domestic over imported goods or services shall be
 prohibited.
 Large cross border or international cooperation projects
 13. Subsidies may be granted in the context of large cross border or international cooperation
 projects, such as those for transport, energy, the environment, research and development, and first
 deployment projects to incentivise the emergence and deployment of new technologies (excluding
 manufacturing). The benefits of such cross border or international cooperation projects must not be
 limited to the economic actors or to the sector or the States participating, but must have wider
 54
 For greater certainty, this standard is met when the facts demonstrate that the granting of a subsidy,
 without having been made legally contingent upon export performance, is in fact tied to actual or anticipated
 exportation or export earnings. The mere fact that a subsidy is granted to economic actors which export shall
 not for that reason alone be considered to be an export subsidy within the meaning of this provision.
 55
 The marketable risk countries are the United Kingdom, the Member States of the Union, Australia, Canada,
 Iceland, Japan, New Zealand, Norway, Switzerland, and the United States of America.
 201
 ---pagebreak--- benefit and relevance through spill over effects that do not exclusively accrue to the State that
 grants the subsidy, the relevant sector and beneficiary.
 Energy and environment
 14. The Parties recognise the importance of a secure, affordable and sustainable energy system
 and environmental sustainability, notably in relation to the fight against climate change which
 represent an existential threat to humanity. Therefore, without prejudice to Article 3.4 [Principles],
 the subsidies in relation to energy and environment shall be aimed at, and incentivise the
 beneficiary in, delivering a secure, affordable and sustainable energy system and a well-functioning
 and competitive energy market or increasing the level of environmental protection compared to the
 level that would be achieved in absence of the subsidy. Such subsidies shall not relieve the
 beneficiary from liabilities arising from its responsibilities as a polluter under the law of the relevant
 Party.
 Subsidies to air carriers for the operation of routes
 15. Subsidies shall not be granted to an air carrier56 for the operation of routes except:
 (a) where there is a public service obligation, in accordance with Article 3.3 [Services of public
 economic interest];
 (b) in special cases where this funding provides benefits for society at large; or
 (c) as start-up subsidies for opening new routes to regional airports providing that it increases the
 mobility of citizens and stimulates regional development.
 Article 3.6: Use of subsidies
 Each Party shall ensure that economic actors use subsidies only for the specific purpose for which
 they are granted.
 Article 3.7: Transparency
 1. With respect to any subsidy granted or maintained within its territory, each Party shall within
 six months from the granting of the subsidy make publicly available, on an official website or a
 public database, the following information:
 (a) the legal basis and policy objective or purpose of the subsidy;
 (b) the name of the recipient of the subsidy when available;
 (c) the date of the grant of the subsidy, the duration of the subsidy and any other time limits
 attached to the subsidy; and
 (d) the amount of the subsidy or the amount budgeted for the subsidy.
 2. For subsidies in the form of tax measures, the information shall be made public within one
 year from the date the tax declaration is due. The transparency obligations for subsidies in the form
 56
 For greater certainty, this is without prejudice to paragraphs Article 3.2(1) and (2) [Scope and exceptions].
 202
 ---pagebreak--- of tax measures concern the same information as listed in paragraph 1, except for the information
 required under point (d) of that paragraph, which may be provided as a range.
 3. In addition to the obligation set out in paragraph 1, the Parties shall make subsidy
 information available in accordance with paragraphs 4 or 5 below.
 4. For the Union, compliance with paragraph 3 means that with respect to any subsidy granted
 or maintained within its territory, within six months from the grant of the subsidy, information is
 made publicly available, on an official website or a public database, that allows interested parties to
 assess the compliance with the principles set out in Article 3.4 [Principles].
 5. For the United Kingdom, compliance with paragraph 3 means that the United Kingdom shall
 ensure that:
 (a) if an interested party communicates to the granting authority that it may apply for a review by
 a court or tribunal of (i) the grant of a subsidy by a granting authority or (ii) any relevant
 decision by the granting authority or the independent body or authority;
 (b) then, within 28 days of the request being made in writing, the granting authority, independent
 body or authority will provide that interested party with the information that allows the
 interested party to assess the application of the principles set out in Article 3.4 [Principles],
 subject to any proportionate restrictions which pursue a legitimate objective, such as
 commercial sensitivity, confidentiality or legal privilege.
 The information referred to in point (b) of the first sub-paragraph shall be provided to the interested
 party for the purposes of enabling it to make an informed decision as to whether to make a claim or
 to understand and properly identify the issues in dispute in the proposed claim.
 6. For the purposes of this Article, Article 3.10 [Courts and tribunals] and Article 3.11
 [Recovery], “interested party” means any natural or legal person, economic actor or association of
 economic actors whose interest might be affected by the granting of a subsidy, in particular the
 beneficiary, economic actors competing with the beneficiary or relevant trade associations.
 7. The obligations in this Article are without prejudice to the obligations of the Parties under
 their respective laws concerning freedom of information or access to documents.
 Article 3.8: Consultations on subsidy control
 1. If a Party considers that a subsidy has been granted by the other Party or that there is clear
 evidence that the other Party intends to grant a subsidy and that the granting of the subsidy has or
 could have a negative effect on trade or investment between the Parties, it may request the other
 Party to provide an explanation of how the Principles referred to in Article 3.4 [Principles] have been
 respected with regard to that subsidy.
 2. A Party may also request the information listed in Article 3.7(1) [Transparency] to the extent
 that the information has not already been made publicly available on an official website or a public
 database as referred to in Article 3.7(1) [Transparency], or to the extent that the information has not
 been made available in an easily and readily accessible manner.
 3. The other Party shall provide the requested information in writing no later than 60 days of
 the receipt of the request. If any requested information cannot be provided, that Party shall explain
 the absence of such information in its written response.
 203
 ---pagebreak--- 4. If after receiving the information requested, the requesting Party still considers that the
 subsidy granted or intended to be granted by the other Party has or could have a negative effect on
 trade or investment between the Parties, the requesting Party may request consultations within the
 Trade Specialised Committee on the Level Playing Field for Open and Fair Competition and
 Sustainable Development. The request shall be in writing and shall include an explanation of the
 requesting Party’s reasons for requesting the consultation.
 5. The Trade Specialised Committee on the Level Playing Field for Open and Fair Competition
 and Sustainable Development shall make every attempt to arrive at a mutually satisfactory
 resolution of the matter. It shall hold its first meeting within 30 days of the request for consultation.
 6. The timeframes for the consultations referred to in paragraphs 3 and 5 may be extended by
 agreement between the Parties.
 Article 3.9: Independent authority or body and cooperation
 1. Each Party shall establish or maintain an operationally independent authority or body with
 an appropriate role in its subsidy control regime. That independent authority or body shall have the
 necessary guarantees of independence in exercising its operational functions and shall act
 impartially.
 2. The Parties shall encourage their respective independent authorities or bodies to cooperate
 with each other on issues of common interest within their respective functions, including the
 application of Articles 3.1 [Definitions] to 3.7 [Transparency] as applicable, within the limits
 established by their respective legal frameworks. The Parties, or their respective independent
 authorities or bodies, may agree upon a separate framework regarding cooperation between those
 independent authorities.
 Article 3.10: Courts and tribunals
 1. Each Party shall ensure, in accordance with its general and constitutional laws and
 procedures, that its courts or tribunals are competent to:
 a) review subsidy decisions taken by a granting authority or, where relevant, the independent
 authority or body for compliance with that Party’s law implementing Article 3.4 [Principles];
 b) review any other relevant decisions of the independent authority or body and any relevant
 failure to act;
 c) impose remedies that are effective in relation to points a) or b), including suspension,
 prohibition or requirement of action by the granting authority, the award of damages, and
 recovery of subsidy from its beneficiary if and to the extent they are available under the
 respective laws on the date of entry into force of this Agreement;
 d) hear claims from interested parties in respect of subsidies that are subject to this Chapter;
 where an interested party has standing to bring a claim in respect of a subsidy under that
 Party’s law.
 2. Each Party shall have the right to intervene with the permission, where required, of the
 court or tribunal concerned, in accordance with the general laws and procedures of the other Party
 in cases referred to in paragraph 1.
 204
 ---pagebreak--- 3. Without prejudice to the obligations to maintain or, where necessary, to create the
 competencies, remedies and rights of intervention referred to in paragraphs 1 and 2 of this Article,
 and Article 3.11 [Recovery], nothing in this Article requires either Party to create rights of action,
 remedies, procedures, or the scope or grounds of review of decisions of their respective public
 authorities, beyond those existing under its law on the date of entry into force of this Agreement.
 Nothing in this Article requires either Party to widen the scope or grounds of review by its courts and
 tribunals of Acts of the United Kingdom Parliament, of acts of the European Parliament and the
 Council of the European Union, or of acts of the Council of the European Union beyond those
 existing under its law on the date of entry into force of this Agreement.57
 Article 3.11: Recovery
 1. Each Party shall have in place an effective mechanism of recovery in respect of subsidies in
 accordance with the following provisions, without prejudice to other remedies that exist in that
 Party’s law.58
 2. Each Party shall ensure that, provided that the interested party as defined in Article 3.7(6)
 [Transparency] has challenged a decision to grant a subsidy before a court or a tribunal within the
 specified time period, as defined in paragraph 3 of this Article, recovery may be ordered if a court or
 tribunal of a Party makes a finding of a material error of law, in that:
 (a) a measure constituting a subsidy was not treated by the grantor as a subsidy;
 (b) the grantor of a subsidy has failed to apply the principles set out in Article 3.4 [Principles], as
 implemented in that Party’s law, or applied them in a manner which falls below the standard
 of review applicable in that Party’s law; or
 (c) the grantor of a subsidy has, by deciding to grant that subsidy, acted outside the scope of its
 powers or misused those powers in relation to the principles set out in Article 3.4 [Principles],
 as implemented in that Party’s law.
 3. For the purposes of this Article, the specified time period shall be determined as follows:
 (a) for the Union, it shall commence on the date on which information specified in Article 3.7(1),
 (2) and (4) [Transparency] was made available on the official website or public database and
 be no shorter than one month.
 (b) for the United Kingdom:
 (i) it shall commence on the date on which information specified in Article 3.7(1) and (2)
 [Transparency] was made available on the official website or public database;
 57
 For greater certainty, the law of the United Kingdom for the purposes of this Article does not include any law
 [i] having effect by virtue of section 2(1) of the European Communities Act 1972, as saved by section 1A of the
 European Union (Withdrawal) Act 2018, or [ii] passed or made under, or for a purpose specified in section 2(2)
 of the European Communities Act 1972.
 58
 For the United Kingdom, this Article requires a new remedy of recovery which would be available at the end
 of a successful judicial review, in accordance with the standard of review under national law, commenced
 within the specified time period; such review is not expanded in any other way, in accordance with Article
 3.10(3) [Courts and tribunals]. No beneficiary would be able to raise a legitimate expectation to resist such
 recovery.
 205
 ---pagebreak--- (ii) it shall terminate one month later, unless, prior to that date, the interested party has
 requested information under the process specified in paragraph 5 of Article 3.7;
 (iii) once the interested party has received the information identified in Article 3.7(5)(b)
 sufficient for the purposes identified in that paragraph, there shall be a further one
 month period at the end of which the specified time period shall terminate;
 (iv) the date of receipt of the information in point (iii) will be the date on which the granting
 authority certifies that it has provided the information identified in Article 3.7(5)(b)
 [Transparency] sufficient for those purposes, irrespective of further or clarificatory
 correspondence after that date;
 (v) the time periods identified in points (i) to (iii) may be increased by legislation.
 4. For the purposes of paragraph 3(b), in relation to schemes, the specified time period
 commences when the information under point (b) is published, not when subsequent payments are
 made, where:
 (a) a subsidy is ostensibly granted in accordance with the terms of a scheme;
 (b) the maker of the scheme has made publicly available the information required to be published
 by Article 3.7(1) and (2) [Transparency] in respect of the scheme; and
 (c) the information provided about the scheme under point (b) contains information about the
 subsidy that would enable an interested party to determine whether it may be affected by the
 scheme, which at a minimum shall cover the purpose of the subsidy, the categories of
 beneficiary, the terms and conditions of eligibility for subsidy and the basis for the calculation
 of the subsidy (including any relevant conditions relating to subsidy ratios or amounts).
 5. For the purposes of this Article, recovery of a subsidy is not required where a subsidy is
 granted on the basis of an Act of the Parliament of the United Kingdom, of an act of the European
 Parliament and of the Council of the European Union, or of an act of the Council of the European
 Union.
 6. Nothing in this Article prevents a Party from choosing to provide additional situations where
 recovery is a remedy, beyond those specified in this Article, in accordance with its law.
 7. The Parties recognise that recovery is an important remedial tool in any system of subsidy
 control. At the request of either Party, the Parties shall, within the Partnership Council consider
 additional or alternative mechanisms for recovery, as well as corresponding amendments to this
 Article. Within the Partnership Council, either Party may propose amendments to allow for different
 arrangements for their respective mechanisms for recovery. A Party must consider a proposal made
 by the other Party in good faith and agree to it, provided that this Party considers that it contains
 arrangements which represent at least as effective a means of delivering recovery as the existing
 mechanisms of the other Party. The Partnership Council may then make corresponding amendments
 to this Article.59
 59
 The Parties note that the United Kingdom will implement a new system of subsidy control subsequent to the
 entry into force of this Agreement.
 206
 ---pagebreak--- Article 3.12: Remedial measures
 1. A Party may deliver to the other Party a written request for information and consultations
 regarding a subsidy that it considers causes, or there is a serious risk that it will cause, a significant
 negative effect on trade or investment between the Parties. The requesting Party should provide in
 that request all relevant information to enable the Parties to find a mutually acceptable solution,
 including a description of the subsidy and the concerns of the requesting Party regarding its effect
 on trade or investment.
 2. No later than 30 days from the date of delivery of the request the requested Party shall
 deliver a written response providing the requested information to the requesting Party, and the
 Parties shall enter into consultations, which shall be deemed concluded 60 days from the date of
 delivery of that request, unless the Parties agree otherwise. Such consultations, and in particular all
 information designated as confidential and positions taken by the Parties during consultations, shall
 be confidential, and shall be without prejudice to the rights of either Party in any further
 proceedings.
 3. No earlier than 60 days from the date of delivery of the request referred to in paragraph 1,
 the requesting Party may unilaterally take appropriate remedial measures if there is evidence that a
 subsidy of the requested Party causes, or there is a serious risk that it will cause a significant
 negative effect on trade or investment between the Parties.
 4. No earlier than 45 days from the date of delivery of the request referred to in paragraph 1,
 the requesting Party shall notify the requested Party of the remedial measures that it intends to take
 in accordance with paragraph 3. The requesting Party shall provide all relevant information in
 relation to the measures that it intends to take to enable the Parties to find a mutually acceptable
 solution. The requesting Party may not take those remedial measures earlier than 15 days from the
 date of delivery of the notification of those measures to the requested Party.
 5. A Party’s assessment of the existence of a serious risk of a significant negative effect shall be
 based on facts and not merely on allegation, conjecture or remote possibility. The change in
 circumstances that would create a situation in which the subsidy would cause such a significant
 negative effect must be clearly predictable.
 6. A Party’s assessment of the existence of a subsidy or of a significant negative effect on trade
 or investment between the Parties caused by the subsidy shall be based on reliable evidence and not
 merely on conjecture or remote possibility, and shall relate to identifiable goods, service suppliers or
 other economic actors, including, if relevant, in the case of subsidy schemes.
 7. The Partnership Council may maintain an illustrative list of what would amount to a
 significant negative effect on trade or investment between the Parties within the meaning of
 paragraphs 1 and 3. This shall be without prejudice to the right of the Parties to take remedial
 measures.
 8. The remedial measures taken pursuant to paragraph 3 shall be restricted to what is strictly
 necessary and proportionate in order to remedy the significant negative effect caused or to address
 the serious risk of such an effect. Priority shall be given to measures that will least disturb the
 functioning of this Agreement.
 9. Within five days from the date on which the remedial measures referred to in paragraph 3
 enter into effect and without having prior recourse to consultations in accordance with Article
 INST.13 [Consultations], the notified Party may request, in accordance with Article INST.14(2)
 207
 ---pagebreak--- [Arbitration procedure], the establishment of an arbitration tribunal by means of a written request
 delivered to the requesting Party in order for the arbitration tribunal to decide whether:
 (a) a remedial measure taken by the requesting Party is inconsistent with paragraph 3 or 8;
 (b) the requesting Party did not participate in the consultations after the requested Party
 delivered the requested information and agreed to the holding of such consultations; or
 (c) there was a failure to take or notify a remedial measure in accordance with the time periods
 referred to in paragraph 3 or 4 respectively.
 That request shall not have a suspensive effect on the remedial measures. Furthermore, the
 arbitration tribunal shall not assess the application by the Parties of Articles 3.4 [Principles] and 3.5
 [Prohibited subsidies and subsidies subject to conditions].
 10. The arbitration tribunal established following the request referred to in paragraph 9 shall
 conduct its proceedings in accordance with Article INST.34B [Special procedures for remedial
 measures and rebalancing] and deliver its final ruling within 30 days from its establishment.
 11. In the case of a finding against the respondent Party, the respondent Party shall, at the latest
 30 days from the date of delivery of the ruling of the arbitration tribunal, deliver a notification to the
 complaining Party of any measure that it has taken to comply with that ruling.
 12. Following a finding against the respondent Party in the procedure referred to in paragraph
 10, the complaining Party may request the arbitration tribunal, within 30 days from its ruling, to
 determine a level of suspension of obligations under this Agreement or a supplementing agreement
 not exceeding the level equivalent to the nullification or impairment caused by the application of the
 remedial measures, if it finds that the inconsistency of the remedial measures with paragraphs 3 or 8
 is significant. The request shall propose a level of suspension of obligations in accordance with the
 principles set out in Article INST.34C [Suspension of obligations for the purposes of Article
 LPFS.3.12(12)[Remedial measures], Article FISH.9(5) and Article FISH.14(6)]. The complaining Party
 may suspend obligations under this Agreement or a supplementing agreement in accordance with
 the level of suspension of obligations determined by the arbitration tribunal. Such suspension shall
 not be applied sooner than 15 days following such ruling.
 13. A Party shall not invoke the WTO Agreement or any other international agreement to
 preclude the other Party from taking measures pursuant to this Article, including where those
 measures consist in the suspension of obligations under this Agreement or under a supplementing
 agreement.
 14. For the purposes of assessing whether imposing or maintaining remedial measures on
 imports of the same product is restricted to what is strictly necessary or proportionate for the
 purposes of this Article, a Party:
 (a) shall take into account countervailing measures applied or maintained pursuant to Article
 GOODS.17(3) [Trade Remedies] of Title IV [Trade in goods]; and
 (b) may take into account anti-dumping measures applied or maintained pursuant to Article
 GOODS.17(3) [Trade Remedies] of Title IV [Trade in goods].
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 ---pagebreak--- 15. A Party shall not apply simultaneously a remedial measure under this Article and a
 rebalancing measure under Article 9.4 [Rebalancing] to remedy the impact on trade or investment
 caused directly by the same subsidy.
 16. If the Party against which remedial measures were taken does not submit a request
 pursuant to paragraph 9 of this Article within the time period laid down in that paragraph, that Party
 may initiate the arbitration procedure referred to in Article INST.14 [Arbitration procedure] to
 challenge a remedial measure on the grounds set out in paragraph 9 of this Article without having
 prior recourse to consultations in accordance with Article INST.13 [Consultations]. An arbitration
 tribunal shall treat the issue as a case of urgency for the purpose of Article INST.19 [Urgent
 proceedings].
 17. For the purposes of the proceedings under paragraphs 9 and 16, in assessing whether a
 remedial measure is strictly necessary or proportionate, the arbitration tribunal shall pay due regard
 to the principles set out in paragraphs 5 and 6, as well as to paragraphs 13, 14 and 15.
 Article 3.13: Dispute settlement
 1. Subject to paragraphs 2 and 3, Title I [Dispute settlement] of Part Six [Dispute settlement
 and horizontal provisions] applies to disputes between the Parties concerning the interpretation and
 application of this Chapter, except for Articles 3.9 [Independent authority or body and cooperation]
 and 3.10 [Courts and tribunals].
 2. An arbitration tribunal shall have no jurisdiction regarding:
 (a) an individual subsidy, including whether such a subsidy has respected the principles set out in
 paragraph 1 of Article 3.4 [Principles], other than with regard to the conditions set out in
 Article 3.5(2) [Unlimited state guarantees], (3) to (5) [Rescue and restructuring], (8) to (11)
 [Export subsidies] and (12) [Subsidies contingent upon the use of domestic content]; and
 (b) whether the recovery remedy within the meaning of Article 3.11 [Recovery] has been
 correctly applied in any individual case.
 3. Title I [Dispute settlement] of Part Six [Dispute settlement and horizontal provisions] shall
 apply to Article 3.12 [Remedial measures] in accordance with that Article and Article INST.34B
 [Special procedures for remedial measures and rebalancing].
 Chapter four: State-owned enterprises, enterprises granted special rights or privileges and
 designated monopolies
 Article 4.1: Definitions
 1. For the purposes of this Chapter, the following definitions apply:
 (a) "Arrangement" means the Arrangement on Officially Supported Export Credits, developed
 within the framework of the OECD or a successor undertaking, whether developed within or
 outside of the OECD framework, that has been adopted by at least 12 original WTO Members
 that were Participants to the Arrangement as of 1 January 1979;
 (b) "commercial activities" means activities, the end result of which is the production of a good
 or the supply of a service to be sold in the relevant market in quantities and at prices
 determined by an enterprise on the basis of the conditions of supply and demand, and which
 209
 ---pagebreak--- are undertaken with an orientation towards profit-making; activities undertaken by an
 enterprise which operates on a non-profit basis or a cost-recovery basis are not activities
 undertaken with an orientation towards profit-making;
 (c) "commercial considerations" means considerations of price, quality, availability, marketability,
 transportation and other terms and conditions of purchase or sale, or other factors that would
 normally be taken into account in the commercial decisions of a privately owned enterprise
 operating according to market economy principles in the relevant business or industry;
 (d) “covered entity” means:
 (i) a designated monopoly;
 (ii) an enterprise granted special rights or privileges; or
 (iii) a State-owned enterprise.
 (e) “designated monopoly" means an entity, including a consortium or a government agency,
 that, in a relevant market in the territory of a Party, is designated as the sole supplier or
 purchaser of a good or service, but does not include an entity that has been granted an
 exclusive intellectual property right solely by reason of such grant; in this context, designate
 means to establish or authorise a monopoly, or to expand the scope of a monopoly to cover
 an additional good or service;
 (f) “enterprise” means enterprise as defined in point (g) of Article SERVIN.1.2 [Definitions.]
 (g) “enterprise granted special rights or privileges” means any enterprise, public or private, to
 which a Party has granted special rights or privileges, in law or in fact;
 (h) "service supplied in the exercise of governmental authority" means a service supplied in the
 exercise of governmental authority as defined in GATS;
 (i) “special rights or privileges” means rights or privileges by which a Party designates or limits to
 two or more the number of enterprises authorised to supply a good or service, other than
 according to objective, proportional and non-discriminatory criteria, substantially affecting the
 ability of any other enterprise to supply the same good or service in the same geographical
 area or product market under substantially equivalent conditions;
 (j) “State-owned enterprise” means an enterprise in which a Party:
 (i) directly owns more than 50 % of the share capital;
 (ii) controls, directly or indirectly, the exercise of more than 50 % of the voting rights;
 (iii) holds the power to appoint a majority of the members of the board of directors or any
 other equivalent management body; or
 (iv) has the power to exercise control over the enterprise. For the establishment of
 control, all relevant legal and factual elements shall be taken into account on a case-
 by-case basis.
 210
 ---pagebreak--- Article 4.2: Scope
 1. This Chapter applies to covered entities, at all levels of government, engaged in commercial
 activities. If a covered entity engages in both commercial and non-commercial activities, only the
 commercial activities are covered by this Chapter.
 2. This Chapter does not apply to:
 (a) covered entities when acting as procuring entities, as defined in each Party's Annexes 1 to 3 of
 Appendix 1 to the GPA and each Party's paragraph 1 of their respective sub-sections in section
 B2 of ANNEX PPROC-1: PUBLIC PROCUREMENT of Title X [Public procurement], conducting
 covered procurement as defined in Article PPROC.2(2) [Incorporation of certain provisions of
 the GPA and covered procurement] of Title X [Public procurement];
 (b) any service supplied in the exercise of governmental authority.
 3. This Chapter does not apply to a covered entity, if in any one of the three previous
 consecutive fiscal years the annual revenue derived from the commercial activities of the enterprise
 or monopoly concerned was less than 100 million Special Drawing Rights.
 4. Article 4.5 [Non-discriminatory treatment and commercial considerations] does not apply to
 the supply of financial services by a covered entity pursuant to a government mandate, if that supply
 of financial services:
 (a) supports exports or imports, provided that those services are:
 i. not intended to displace commercial financing; or
 ii. offered on terms no more favourable than those that could be obtained for
 comparable financial services in the commercial market; or
 (b) supports private investment outside the territory of the Party, provided that those services
 are:
 i. not intended to displace commercial financing; or
 ii. offered on terms no more favourable than those that could be obtained for
 comparable financial services in the commercial market; or
 (c) is offered on terms consistent with the Arrangement, if the supply of those services falls
 within the scope of the Arrangement.
 5. Without prejudice to paragraph 3 of this Article, Article 4.5 [Non-discriminatory treatment
 and commercial considerations] does not apply to the following sectors: audio-visual services;
 national maritime cabotage60; and inland waterways transport, as set out in Article SERVIN 1.1(5)
 [Objective and scope]
 60
 National maritime cabotage covers: for the Union, without prejudice to the scope of activities which may be
 considered as cabotage under the relevant national legislation, transportation of passengers or goods
 between a port or point located in a Member State of the Union and another port or point located in that
 same Member State of the Union, including on its continental shelf, as provided for in the United Nations
 211
 ---pagebreak--- 6. Article 4.5 [Non-discrimination and commercial considerations] does not apply to the extent
 that a covered entity of a Party makes purchases or sales of goods or services pursuant to:
 (a) any existing non-conforming measure that the Party maintains, continues, renews or amends
 in accordance with [Article SERVIN 2.7(1) [Non-conforming measures and exceptions] or
 Article SERVIN.3.6(1) [Non-conforming measures] as set out in its Schedules to ANNEXES
 SERVIN-1 and SERVIN-2, as applicable]; or
 (b) any non-conforming measure that the Party adopts or maintains with respect to sectors,
 subsectors, or activities in accordance with [Article SERVIN.2.7(2) [Non-conforming measures
 and exceptions] or Article SERVIN.3.6(2) [Non-conforming measures] as set out in its
 Schedules to ANNEXES SERVIN-1 and SERVIN-2], as applicable.
 Article 4.3: Relationship with the WTO Agreement
 The Parties affirm their rights and obligations under paragraphs 1 to 3 of Article XVII of GATT 1994,
 the Understanding on the Interpretation of Article XVII of the GATT 1994, as well as under
 paragraphs 1, 2 and 5 of Article VIII of GATS.
 Article 4.4: General provisions
 1. Without prejudice to the rights and obligations of each Party under this Chapter, nothing in
 this Chapter prevents a Party from establishing or maintaining a covered entity.
 2. Neither Party shall require or encourage a covered entity to act in a manner inconsistent
 with this Chapter.
 Article 4.5: Non-discriminatory treatment and commercial considerations
 1. Each Party shall ensure that each of its covered entities, when engaging in commercial
 activities:
 (a) acts in accordance with commercial considerations in its purchase or sale of a good or service,
 except to fulfil any terms of its public service mandate that are not inconsistent with points (b)
 or (c);
 (b) in its purchase of a good or service:
 i. accords to a good or service supplied by an enterprise of the other Party treatment no
 less favourable than it accords to a like good or a like service supplied by enterprises
 of the Party; and
 ii. accords to a good or service supplied by a covered entity in the Party’s territory
 treatment no less favourable than it accords to a like good or a like service supplied by
 enterprises of the Party in the relevant market in the Party’s territory; and
 Convention on the Law of the Sea, done at Montego Bay, on 10 December 1982 (the”United Nations
 Convention on the Law of the Sea”), and traffic originating and terminating in the same port or point located in
 a Member State of the Union; for the United Kingdom, transportation of passengers or goods between a port
 or point located in the United Kingdom and another port or point located in the United Kingdom, including on
 its continental shelf, as provided for in the United Nations Convention on the Law of the Sea, and traffic
 originating and terminating in the same port or point located in the United Kingdom.
 212
 ---pagebreak--- (c) in its sale of a good or service:
 i. accords to an enterprise of the other Party treatment no less favourable than it
 accords to enterprises of the Party; and
 ii. accords to a covered entity in the Party’s territory, treatment no less favourable than
 it accords to enterprises of the Party in the relevant market in the Party’s territory.61
 2. Points *(b) and (c) of paragraph 1 do not preclude a covered entity from:
 (a) purchasing or supplying goods or services on different terms or conditions, including terms or
 conditions relating to price, provided that those different terms or conditions are in
 accordance with commercial considerations; or
 (b) refusing to purchase or supply goods or services, provided that such refusal is made in
 accordance with commercial considerations.
 Article 4.6: Regulatory framework
 1. Each Party shall respect and make best use of relevant international standards including the
 OECD Guidelines on Corporate Governance of State-Owned Enterprises.
 2. Each Party shall ensure that any regulatory body, and any other body exercising a regulatory
 function, that that Party establishes or maintains:
 (a) is independent from, and is not accountable to, any of the enterprises regulated by that body;
 and
 (b) in like circumstances, acts impartially with respect to all enterprises regulated by that body,
 including covered entities; the impartiality with which the body exercises its regulatory
 functions is to be assessed by reference to a general pattern or practice of that body.
 For those sectors in which the Parties have agreed to specific obligations relating to such a body in
 this Agreement, the relevant provisions of this Agreement shall prevail.
 3. Each Party shall apply its laws and regulations to covered entities in a consistent and non-
 discriminatory manner.
 Article 4.7: Information exchange
 1. A Party which has reason to believe that its interests under this Chapter are being adversely
 affected by the commercial activities of an entity of the other Party may request the other Party in
 writing to provide information on the commercial activities of that entity, related to the carrying out
 of the provisions of this Chapter in accordance with paragraph 2.
 2. Provided that the request referred to in paragraph 1 includes an explanation of how the
 activities of the entity may be affecting the interests of the requesting Party under this Chapter and
 61
 For greater certainty, this paragraph shall not apply with respect to the purchase or sale of shares, stock or
 other forms of equity by a covered entity as a means of its equity participation in another enterprise.
 213
 ---pagebreak--- indicates which of the following categories of information is or are to be provided, the requested
 Party shall provide the information so requested:
 (a) the ownership and the voting structure of the entity, indicating the cumulative percentage of
 shares and the percentage of voting rights that the requested Party and its covered entities
 cumulatively have in the entity;
 (b) a description of any special shares or special voting or other rights that the requested Party or
 its covered entities hold, to the extent that such rights are different from those attached to
 the general common shares of the entity;
 (c) a description of the organisational structure of the entity and the composition of its board of
 directors or of any equivalent body;
 (d) a description of the government departments or public bodies which regulate or monitor the
 entity, a description of the reporting requirements imposed on it by those departments or
 public bodies, and the rights and practices of those departments or public bodies with respect
 to the appointment, dismissal or remuneration of senior executives and members of its board
 of directors or any equivalent body;
 (e) the annual revenue and total assets of the entity over the most recent three-year period for
 which information is available;
 (f) any exemptions, immunities and related measures from which the entity benefits under the
 laws and regulations of the requested Party;
 (g) any additional information regarding the entity that is publicly available, including annual
 financial reports and third-party audits.
 3. Paragraphs 1 and 2 do not require a Party to disclose confidential information the disclosure
 of which would be inconsistent with its laws and regulations, would impede law enforcement, or
 otherwise would be contrary to the public interest or would prejudice the legitimate commercial
 interests of particular enterprises.
 4. If the requested information is not available, the requested Party shall provide to the
 requesting Party, in writing, the reasons why that information is not available.
 Chapter five: Taxation
 Article 5.1: Good governance
 The Parties recognise and commit to implementing the principles of good governance in the area of
 taxation, in particular the global standards on tax transparency and exchange of information and fair
 tax competition. The Parties reiterate their support for the OECD Base Erosion and Profit Shifting
 (BEPS) Action Plan and affirm their commitment to implementing the OECD minimum standards
 against BEPS. The Parties will promote good governance in tax matters, improve international
 cooperation in the area of taxation and facilitate the collection of tax revenues.
 214
 ---pagebreak--- Article 5.2: Taxation standards
 1. A Party shall not weaken or reduce the level of protection provided for in its legislation at
 the end of the transition period below the level provided for by the standards and rules which have
 been agreed in the OECD at the end of the transition period, in relation to:
 (a) the exchange of information, whether upon request, spontaneously or automatically,
 concerning financial accounts, cross-border tax rulings, country-by-country reports between
 tax administrations, and potential cross-border tax planning arrangements;
 (b) rules on interest limitation, controlled foreign companies and hybrid mismatches.
 2. A Party shall not weaken or reduce the level of protection provided for in its legislation at
 the end of the transition period in respect of public country-by-country reporting by credit
 institutions and investment firms, other than small and non-interconnected investment firms.
 Article 5.3: Dispute settlement
 This Chapter shall not be subject to dispute settlement under Title I [Dispute settlement] of Part Six
 [Dispute settlement and horizontal provisions].
 Chapter six: Labour and social standards
 Article 6.1: Definition
 1. For the purposes of this Chapter, “labour and social levels of protection” means the levels of
 protection provided overall in a Party’s law and standards62, in each of the following areas:
 (a) fundamental rights at work;
 (b) occupational health and safety standards;
 (c) fair working conditions and employment standards;
 (d) information and consultation rights at company level; or
 (e) restructuring of undertakings.
 2. For the Union, “labour and social levels of protection” means labour and social levels of
 protection that are applicable to and in, and are common to, all Member States.
 Article 6.2: Non-regression from levels of protection
 1. The Parties affirm the right of each Party to set its policies and priorities in the areas covered
 by this Chapter, to determine the labour and social levels of protection it deems appropriate and to
 adopt or modify its law and policies in a manner consistent with each Party's international
 commitments, including those under this Chapter.
 62
 For greater certainty, this Chapter and Article 9.4 [Rebalancing] do not apply to the Parties’ law and
 standards relating to social security and pensions.
 215
 ---pagebreak--- 2. A Party shall not weaken or reduce, in a manner affecting trade or investment between the
 Parties, its labour and social levels of protection below the levels in place at the end of the transition
 period, including by failing to effectively enforce its law and standards.
 3. The Parties recognise that each Party retains the right to exercise reasonable discretion and
 to make bona fide decisions regarding the allocation of labour enforcement resources with respect
 to other labour law determined to have higher priority, provided that the exercise of that discretion,
 and those decisions, are not inconsistent with its obligations under this Chapter.
 4. The Parties shall continue to strive to increase their respective labour and social levels of
 protection referred to in this Chapter.
 Article 6.3: Enforcement
 For the purposes of enforcement as referred to in Article 6.2 [Non-regression from levels of
 protection] each Party shall have in place and maintain a system for effective domestic enforcement
 and, in particular, an effective system of labour inspections in accordance with its international
 commitments relating to working conditions and the protection of workers; ensure that
 administrative and judicial proceedings are available that allow public authorities and individuals
 with standing to bring timely actions against violations of the labour law and social standards; and
 provide for appropriate and effective remedies, including interim relief, as well as proportionate and
 dissuasive sanctions. In the domestic implementation and enforcement of Article 6.2 [Non-
 regression from levels of protection], each Party shall respect the role and autonomy of the social
 partners at a national level, where relevant, in line with applicable law and practice.
 Article 6.4: Dispute settlement
 1. The Parties shall make all efforts through dialogue, consultation, exchange of information
 and cooperation to address any disagreement on the application of this Chapter.
 2. By way of derogation from Title I [Dispute settlement] of Part Six [Dispute settlement and
 horizontal provisions], in the event of a dispute between the Parties regarding the application of this
 Chapter, the Parties shall have recourse exclusively to the procedures established under Articles 9.1
 [Consultations], 9.2 [Panel of experts] and 9.3 [Panel of experts for non-regression areas] of this
 Title.
 Chapter seven : Environment and climate
 Article 7.1: Definitions
 1. For the purposes of this Chapter, “environmental levels of protection” means the levels of
 protection provided overall in a Party’s law which have the purpose of protecting the environment,
 including the prevention of a danger to human life or health from environmental impacts, including
 in each of the following areas:
 (a) industrial emissions;
 (b) air emissions and air quality;
 (c) nature and biodiversity conservation;
 (d) waste management;
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 ---pagebreak--- (e) the protection and preservation of the aquatic environment;
 (f) the protection and preservation of the marine environment;
 (g) the prevention, reduction and elimination of risks to human health or the environment arising
 from the production, use, release or disposal of chemical substances; or
 (h) the management of impacts on the environment from agricultural or food production, notably
 through the use of antibiotics and decontaminants.
 2. For the Union, “environmental levels of protection” means environmental levels of
 protection that are applicable to and in, and are common to, all Member States.
 3. For the purposes of this Chapter, “climate level of protection” means the level of protection
 with respect to emissions and removals of greenhouse gases and the phase-out of ozone depleting
 substances. With regard to greenhouse gases, this means:
 (a) for the Union, the 40 % economy-wide 2030 target, including the Union’s system of carbon
 pricing;
 (b) for the United Kingdom, the United Kingdom’s economy-wide share of this 2030 target,
 including the United Kingdom’s system of carbon pricing.
 Article 7.2: Non-regression from levels of protection
 1. The Parties affirm the right of each Party to set its policies and priorities in the areas covered
 by this Chapter, to determine the environmental levels of protection and climate level of protection
 it deems appropriate and to adopt or modify its law and policies in a manner consistent with each
 Party's international commitments, including those under this Chapter.
 2. A Party shall not weaken or reduce, in a manner affecting trade or investment between the
 Parties, its environmental levels of protection or its climate level of protection below the levels that
 are in place at the end of the transition period, including by failing to effectively enforce its
 environmental law or climate level of protection.
 3. The Parties recognise that each Party retains the right to exercise reasonable discretion and
 to make bona fide decisions regarding the allocation of environmental enforcement resources with
 respect to other environmental law and climate policies determined to have higher priorities,
 provided that the exercise of that discretion, and those decisions, are not inconsistent with its
 obligations under this Chapter.
 4. For the purposes of this Chapter, insofar as targets are provided for in a Party’s
 environmental law in the areas listed in Article 7.1 [Definitions], they are included in a Party’s
 environmental levels of protection at the end of the transition period. These targets include those
 whose attainment is envisaged for a date that is subsequent to the end of the transition period. This
 paragraph shall also apply to ozone depleting substances.
 5. The Parties shall continue to strive to increase their respective environmental levels of
 protection or their respective climate level of protection referred to in this Chapter.
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 ---pagebreak--- Article 7.3: Carbon pricing
 1. Each Party shall have in place an effective system of carbon pricing as of 1 January 2021.
 2. Each system shall cover greenhouse gas emissions from electricity generation, heat
 generation, industry and aviation.
 3. The effectiveness of the Parties’ respective carbon pricing systems shall uphold the level of
 protection provided for by Article 7.2 [Non-regression from levels of protection]
 4. By way of derogation from paragraph 2, aviation shall be included within two years at the
 latest, if not included already. The scope of the Union system of carbon pricing shall cover departing
 flights from the European Economic Area to the United Kingdom.
 5. Each Party shall maintain their system of carbon pricing insofar as it is an effective tool for
 each Party in the fight against climate change and shall in any event uphold the level of protection
 provided for by Article 7.2 [Non-regression from levels of protection]
 6. The Parties shall cooperate on carbon pricing. They shall give serious consideration to linking
 their respective carbon pricing systems in a way that preserves the integrity of these systems and
 provides for the possibility to increase their effectiveness.
 Article 7.4: Environmental and climate principles
 1. Taking into account the fact that the Union and the United Kingdom share a common
 biosphere in respect of cross-border pollution, each Party commits to respecting the internationally
 recognised environmental principles to which it has committed, such as in the Rio Declaration on
 Environment and Development, adopted at Rio de Janeiro on 14 June 1992 (the “1992 Rio
 Declaration on Environment and Development”) and in multilateral environmental agreements,
 including in the United Nations Framework Convention on Climate Change, done at New York on 9
 May 1992 (the “UNFCCC”) and the and the Convention on Biological Diversity, done at Rio de Janeiro
 on 5 June 1992 (the "Convention on Biological Diversity”), in particular:
 (a) the principle that environmental protection should be integrated into the making of policies,
 including through impact assessments;
 (b) the principle of preventative action to avert environmental damage;
 (c) the precautionary approach referred to in Article 1.2(2) [Right to regulate, precautionary
 approach and scientific and technical information];
 (d) the principle that environmental damage should as a priority be rectified at source; and
 (e) the polluter pays principle.
 2. The Parties reaffirm their respective commitments to procedures for evaluating the likely
 impact of a proposed activity on the environment, and where specified projects, plans and
 programmes are likely to have significant environmental, including health, effects, this includes an
 environmental impact assessment or a strategic environmental assessment, as appropriate.
 3. These procedures shall comprise, where appropriate and in accordance with a Party’s laws,
 the determination of the scope of an environmental report and its preparation, the carrying out of
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 ---pagebreak--- public participation and consultations and the taking into account of the environmental report and
 the results of the public participation and consultations in the consented project, or adopted plan or
 programme.
 Article 7.5: Enforcement
 1. For the purposes of enforcement as referred to in Article 7.2 [Non-regression from levels of
 protection], each Party shall, in accordance with its law, ensure that:
 (a) domestic authorities competent to enforce the relevant law with regard to environment and
 climate give due consideration to alleged violations of such law that come to their attention;
 those authorities shall have adequate and effective remedies available to them, including
 injunctive relief as well as proportionate and dissuasive sanctions, if appropriate; and
 (b) national administrative or judicial proceedings are available to natural and legal persons with
 a sufficient interest to bring actions against violations of such law and to seek effective
 remedies, including injunctive relief, and that the proceedings are not prohibitively costly and
 are conducted in a fair, equitable and transparent way.
 Article 7.6: Cooperation on monitoring and enforcement
 The Parties shall ensure that the European Commission and the supervisory bodies of the United
 Kingdom regularly meet with each other and co-operate on the effective monitoring and
 enforcement of the law with regard to environment and climate as referred to in Article 7.2 [Non-
 regression from levels of protection].
 Article 7.7: Dispute settlement
 1. The Parties shall make all efforts through dialogue, consultation, exchange of information
 and cooperation to address any disagreement on the application of this Chapter.
 2. By way of derogation from Title I of Part Six [Dispute settlement and horizontal provisions],
 in the event of a dispute between the Parties regarding the application of this Chapter, the Parties
 shall have recourse exclusively to the procedures established under Articles 9.1 [Consultations], 9.2
 [Panel of experts] and 9.3 [Panel of experts for non-regression areas] of this Title.
 Chapter eight : Other instruments for trade and sustainable development
 Article 8.1: Context and objectives
 1. The Parties recall the Agenda 21 and the 1992 Rio Declaration on Environment and
 Development, the Johannesburg Plan of Implementation of the World Summit on Sustainable
 Development of 2002, the International Labour Organization (ILO) Declaration on Social Justice for a
 Fair Globalization, adopted at Geneva on 10 June 2008 by the International Labour Conference at its
 97th Session (the “2008 ILO Declaration on Social Justice for a Fair Globalization”), the Outcome
 Document of the UN Conference on Sustainable Development of 2012 entitled "The Future We
 Want", endorsed by the UN General Assembly Resolution 66/288 adopted on 27 July 2012, and the
 UN 2030 Agenda for Sustainable Development, adopted by the UN General Assembly Resolution
 70/1 on 25 September 2015 and its Sustainable Development Goals.
 2. In light of paragraph 1, the objective of this Chapter is to enhance the integration of
 sustainable development, notably its labour and environmental dimensions, in the Parties' trade and
 219
 ---pagebreak--- investment relationship and in this respect to complement the commitments of the Parties under
 Chapter 6 [Labour and social standards] and Chapter 7 [Environment and climate].
 Article 8.2: Transparency
 1. The Parties stress the importance of ensuring transparency as a necessary element to
 promote public participation and of making information public within the context of this Chapter. In
 accordance with their laws and regulations, the provisions of this Chapter, of Chapter IX
 [Transparency] and of Chapter X [Good Regulatory Practices], each Party shall:
 (a) ensure that any measure of general application pursuing the objectives of this Chapter is
 administered in a transparent manner, including by providing the public with reasonable
 opportunities and sufficient time to comment, and by publishing such measures;
 (b) ensure that the general public is given access to relevant environmental information held by
 or for public authorities, as well as ensuring the active dissemination of that information to
 the general public by electronic means;
 (c) encourage public debate with and among non-state actors as regards the development and
 definition of policies that may lead to the adoption of law relevant to this Chapter by its public
 authorities; this includes, in relation to the environment, public participation in projects, plans
 and programmes; and
 (d) promote public awareness of its laws and standards relevant to this Chapter, as well as
 enforcement and compliance procedures, by taking steps to further the knowledge and
 understanding of the public; in relation to labour laws and standards, this includes workers,
 employers and their representatives.
 Article 8.3: Multilateral labour standards and agreements
 1. The Parties affirm their commitment to promoting the development of international trade in
 a way that is conducive to decent work for all, as expressed in the 2008 ILO Declaration on Social
 Justice for a Fair Globalization.
 2. In accordance with the ILO Constitution and the ILO Declaration on Fundamental Principles
 and Rights at Work and its Follow-up, adopted at Geneva on 18 June 1998 by the International
 Labour Conference at its 86th Session, each Party commits to respecting, promoting and effectively
 implementing the internationally recognised core labour standards, as defined in the fundamental
 ILO Conventions, which are:
 (a) freedom of association and the effective recognition of the right to collective bargaining;
 (b) the elimination of all forms of forced or compulsory labour;
 (c) the effective abolition of child labour; and
 (d) the elimination of discrimination in respect of employment and occupation.
 3. Each Party shall make continued and sustained efforts to ratify the fundamental ILO
 Conventions if they have not yet done so.
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 ---pagebreak--- 4. The Parties shall exchange information, regularly and as appropriate, on the respective
 situations and progress of the Member States and of the United Kingdom with regard to the
 ratification of ILO Conventions or protocols classified as up-to-date by the ILO and of other relevant
 international instruments.
 5. Each Party commits to implementing all the ILO Conventions that the United Kingdom and
 the Member States of the Union have respectively ratified and the different provisions of the
 European Social Charter that, as members of the Council of Europe, the Member States of the Union
 and the United Kingdom have respectively accepted63.
 6. Each Party shall continue to promote, through its laws and practices, the ILO Decent Work
 Agenda as set out in the 2008 ILO Declaration on Social Justice for a Fair Globalization (the “ILO
 Decent Work Agenda”) and in accordance with relevant ILO Conventions, and other international
 commitments, in particular with regard to:
 (a) decent working conditions for all, with regard to, inter alia, wages and earnings, working
 hours, maternity leave and other conditions of work;
 (b) health and safety at work, including the prevention of occupational injury or illness and
 compensation in cases of such injury or illness; and
 (c) non-discrimination in respect of working conditions, including for migrant workers.
 7. Each Party shall protect and promote social dialogue on labour matters among workers and
 employers, and their respective organisations, and with relevant government authorities.
 8. The Parties shall work together on trade-related aspects of labour policies and measures,
 including in multilateral fora, such as the ILO, as appropriate. Such cooperation may cover inter alia:
 (a) trade-related aspects of implementation of fundamental, priority and other up-to-date ILO
 Conventions;
 (b) trade-related aspects of the ILO Decent Work Agenda, including on the interlinkages between
 trade and full and productive employment, labour market adjustment, core labour standards,
 decent work in global supply chains, social protection and social inclusion, social dialogue and
 gender equality;
 (c) the impact of labour law and standards on trade and investment, or the impact of trade and
 investment law on labour;
 (d) dialogue and information-sharing on the labour provisions in the context of their respective
 trade agreements, and the implementation thereof; and
 (e) any other form of cooperation deemed appropriate.
 63
 Each Party maintains its right to determine its priorities, policies and the allocation of resources in the
 effective implementation of the ILO Conventions and the relevant provisions of the European Social Charter in
 a manner consistent with its international commitments, including those under this Title. The Council of
 Europe, established in 1949, adopted the European Social Charter in 1961, which was revised in 1996. All
 Member States have ratified the European Social Charter in its original or revised version. For the United
 Kingdom, the reference to the European Social Charter in paragraph 5 refers to the original 1961 version.
 221
 ---pagebreak--- 9. The Parties shall consider any views provided by representatives of workers, employers, and
 civil society organisations when identifying areas of cooperation and when carrying out cooperative
 activities.
 Article 8.4: Multilateral environmental agreements
 1. The Parties recognise the importance of the UN Environment Assembly (UNEA), of the UN
 Environment Programme (UNEP) and multilateral environmental governance and agreements as a
 response of the international community to global or regional environmental challenges and stress
 the need to enhance the mutual supportiveness between trade and environment policies, rules and
 measures.
 2. In light of paragraph 1, each Party commits to effectively implementing the multilateral
 environmental agreements, protocols and amendments that it has ratified in its law and practices.
 3. The Parties shall regularly and as appropriate exchange information on:
 (a) their respective situations as regards the ratification and implementation of multilateral
 environmental agreements, including their protocols and amendments;
 (b) on-going negotiations of new multilateral environmental agreements; and
 (c) each Party's respective views on becoming a party to additional multilateral environmental
 agreements.
 4. The Parties reaffirm the right of each Party to adopt or maintain measures to further the
 objectives of multilateral environmental agreements to which it is a party. The Parties recall that
 measures adopted or enforced to implement such multilateral environmental agreements may be
 justified under Article EXC.1 [General exceptions] of Title XII [Exceptions].
 5. The Parties shall work together on trade-related aspects of environmental policies and
 measures, including in multilateral fora, such as the UN High-level Political Forum for Sustainable
 Development, UN Environment, UNEA, multilateral environmental agreements, the International
 Civil Aviation Organization (ICAO) or the WTO as appropriate. Such cooperation may cover inter alia:
 (a) initiatives on sustainable production and consumption, including those aimed at promoting a
 circular economy and green growth and pollution abatement;
 (b) initiatives to promote environmental goods and services, including by addressing related tariff
 and non-tariff barriers;
 (c) the impact of environmental law and standards on trade and investment; or the impact of
 trade and investment law on the environment;
 (d) the implementation of Annex 16 to the Convention on International Civil Aviation, done at
 Chicago on 7 December 1944, and other measures to reduce the environmental impact of
 aviation, including in the area of air traffic management; and
 (e) other trade-related aspects of multilateral environmental agreements, including their
 protocols, amendments and implementation.
 222
 ---pagebreak--- 6. Cooperation pursuant to paragraph 5 may include technical exchanges, exchanges of
 information and best practices, research projects, studies, reports, conferences and workshops.
 7. The Parties will consider views or input from the public and interested stakeholders for the
 definition and implementation of their cooperation activities, and they may involve such
 stakeholders further in those activities, as appropriate.
 Article 8.5: Trade and climate change
 1. The Parties recognise the importance of taking urgent action to combat climate change and
 its impacts, and the role of trade and investment in pursuing that objective, in line with the UNFCCC,
 the purpose and goals of the Paris Agreement adopted at Paris on 12 December 2015 by the
 Conference of the Parties to the United Nations Framework Convention on Climate Change at its
 21st session (the “Paris Agreement”), and with other multilateral environmental agreements and
 multilateral instruments in the area of climate change.
 2. In light of paragraph 1, each Party:
 (a) commits to effectively implementing the UNFCCC, and the Paris Agreement adopted
 thereunder of which one principal aim is strengthening the global response to climate change
 and holding the increase in global average temperature to well below 2oC above pre-industrial
 levels and pursuing efforts to limit the temperature increase to 1.5oC above pre-industrial
 levels;
 (b) shall promote the mutual supportiveness of trade and climate policies and measures thereby
 contributing to the transition to a low greenhouse gas emission, resource-efficient economy
 and to climate-resilient development;
 (c) shall facilitate the removal of obstacles to trade and investment in goods and services of
 particular relevance for climate change mitigation and adaptation, such as renewable energy,
 energy efficient products and services, for instance through addressing tariff and non-tariff
 barriers or through the adoption of policy frameworks conducive to the deployment of the
 best available solutions.
 3. The Parties shall work together to strengthen their cooperation on trade-related aspects of
 climate change policies and measures bilaterally, regionally and in international fora, as appropriate,
 including in the UNFCCC, the WTO, the Montreal Protocol on Substances that Deplete the Ozone
 Layer, done at Montreal on 26 August 1987 (the “Montreal Protocol”), the International Maritime
 Organisation (IMO) and the International Civil Aviation organization (ICAO). Such cooperation may
 cover inter alia:
 (a) policy dialogue and cooperation regarding the implementation of the Paris Agreement, such
 as on means to promote climate resilience, renewable energy, low-carbon technologies,
 energy efficiency, sustainable transport, sustainable and climate-resilient infrastructure
 development, emissions monitoring, international carbon markets;
 (b) supporting the development and adoption of ambitious and effective greenhouse gas
 emissions reduction measures by the IMO to be implemented by ships engaged in
 international trade;
 (c) supporting the development and adoption of ambitious and effective greenhouse gas
 emissions reduction measures by the ICAO;
 223
 ---pagebreak--- (d) supporting an ambitious phase-out of ozone depleting substances and phase-down of
 hydrofluorocarbons under the Montreal Protocol through measures to control their
 production, consumption and trade; the introduction of environmentally friendly alternatives
 to them; the updating of safety and other relevant standards as well as by combating the
 illegal trade of substances regulated by the Montreal Protocol.
 Article 8.6: Trade and biological diversity
 1. The Parties recognise the importance of conserving and sustainably using biological diversity
 and the role of trade in pursuing these objectives, including by promoting sustainable trade or
 controlling or restricting trade in endangered species, in line with the relevant multilateral
 environmental agreements to which they are party, and the decisions adopted thereunder, notably
 the Convention on Biological Diversity and its protocols, and the Convention on International Trade
 in Endangered Species of Wild Fauna and Flora, done at Washington D.C. on 3 March 1973 (“CITES”).
 2. In light of paragraph 1, each Party shall:
 (a) implement effective measures to combat illegal wildlife trade, including with respect to third
 countries, as appropriate;
 (b) promote the use of CITES as an instrument for conservation and sustainable management of
 biodiversity, including through the inclusion of animal and plant species in the Appendices to
 CITES where the conservation status of that species is considered at risk because of
 international trade;
 (c) encourage trade in products derived from a sustainable use of biological resources and
 contributing to the conservation of biodiversity;
 (d) continue to take measures to conserve biological diversity when it is subject to pressures
 linked to trade and investment, in particular through measures to prevent the spread of
 invasive alien species.
 3. The Parties shall work together on trade-related matters of relevance to this Article,
 including in multilateral fora, such as CITES and the Convention on Biological Diversity, as
 appropriate. Such cooperation may cover inter alia: trade in wildlife and natural resource-based
 products, the valuation and assessment of ecosystems and related services, and the access to
 genetic resources and the fair and equitable sharing of benefits arising from their utilisation
 consistent with the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable
 Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, adopted in
 Nagoya on 29 October 2010.
 Article 8.7: Trade and forests
 1. The Parties recognise the importance of conservation and sustainable forest management
 for providing environmental functions and economic and social opportunities for present and future
 generations, and the role of trade in pursuing that objective.
 2. In light of paragraph 1 and in a manner consistent with their international obligations, each
 Party shall:
 224
 ---pagebreak--- (a) continue to implement measures to combat illegal logging and related trade, including with
 respect to third countries, as appropriate, and to promote trade in legally harvested forest
 products;
 (b) promote the conservation and sustainable management of forests and trade and consumption
 of timber and timber products harvested in accordance with the law of the country of harvest
 and from sustainably managed forests; and
 (c) exchange information with the other Party on trade-related initiatives on sustainable forest
 management, forest governance and on the conservation of forest cover and cooperate to
 maximise the impact and mutual supportiveness of their respective policies of mutual
 interest.
 3. The Parties shall work together to strengthen their cooperation on trade-related aspects of
 sustainable forest management, the conservation of forest cover and illegal logging, including in
 multilateral fora, as appropriate.
 Article 8.8: Trade and sustainable management of marine biological resources and aquaculture
 1. The Parties recognise the importance of conserving and sustainably managing marine
 biological resources and ecosystems as well as of promoting responsible and sustainable
 aquaculture, and the role of trade in pursuing those objectives.
 2. In light of paragraph 1, each Party:
 (a) commits to acting consistently and complying, as appropriate, with the relevant UN and Food
 and Agriculture Organization (“FAO”) agreements, the United Nations Convention on the Law
 of the Sea, the Agreement for the Implementation of the Provisions of the United Nations
 Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and
 Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, done at New York on
 4 August 1995, the FAO Agreement to Promote Compliance with International Conservation
 and Management Measures by Fishing Vessels on the High Seas, done at Rome on 24
 November 1993, the FAO Code of Conduct for Responsible Fisheries and the FAO Agreement
 on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated
 (“IUU”) fishing, approved at Rome on 22 November 2009 at the 36 th Session of the FAO
 Conference, and to participating in FAO’s initiative on the Global Record of Fishing Vessels,
 Refrigerated Transport Vessels and Supply Vessels;
 (b) shall promote sustainable fisheries and good fisheries governance by participating actively in
 the work of relevant international organisations or bodies to which they are members,
 observers, or cooperating non-contracting parties, including the Regional Fisheries
 Management Organizations (RFMOs) by means of, where applicable, effective monitoring,
 control or enforcement of the RFMOs' resolutions, recommendations or measures; the
 implementation of their catch documentation or certification schemes, and port state
 measures;
 (c) shall adopt and maintain their respective effective tools to combat IUU fishing, including
 measures to exclude the products of IUU fishing from trade flows, and cooperate to that end;
 (d) shall promote the development of sustainable and responsible aquaculture, including with
 regard to the implementation of the objectives and principles contained in the FAO Code of
 Conduct for Responsible Fisheries, as appropriate.
 225
 ---pagebreak--- 3. The Parties shall work together on conservation and trade-related aspects of fishery and
 aquaculture policies and measures, including in the WTO, RFMOs and other multilateral fora, as
 appropriate, with the aim of promoting sustainable fishing and aquaculture practices and trade in
 fish products from sustainably managed fisheries and aquaculture operations.
 4. This Article is without prejudice to the provisions of Heading V [Fisheries] of Part Two.
 Article 8.9: Trade and investment favouring sustainable development
 1. The Parties confirm their commitment to enhance the contribution of trade and investment
 to the goal of sustainable development in its economic, social and environmental dimensions.
 2. Pursuant to paragraph 1, the Parties shall continue to promote:
 (a) trade and investment policies that support the four strategic objectives of the ILO Decent
 Work Agenda, consistent with the 2008 ILO Declaration on Social Justice for a Fair
 Globalization, including the minimum living wage, health and safety at work, and other
 aspects related to working conditions;
 (b) trade and investment in environmental goods and services, such as renewable energy and
 energy efficient products and services, including through addressing related non-tariff barriers
 or through the adoption of policy frameworks conducive to the deployment of the best
 available solutions;
 (c) trade in goods and services that contribute to enhanced social conditions and environmentally
 sound practices, including those subject to voluntary sustainability assurance schemes such as
 fair and ethical trade schemes and eco-labels; and
 (d) cooperation in multilateral fora on issues referred to in this Article.
 3. The Parties recognise the importance of addressing specific sustainable development issues
 by reviewing, monitoring and assessing the potential economic, social and environmental impacts of
 possible actions, taking account of the views of stakeholders.
 Article 8.10: Trade and responsible supply chain management
 1. The Parties recognise the importance of responsible management of supply chains through
 responsible business conduct and corporate social responsibility practices and the role of trade in
 pursuing this objective.
 2. In light of paragraph 1, each Party shall:
 (a) encourage corporate social responsibility and responsible business conduct, including by
 providing supportive policy frameworks that encourage the uptake of relevant practices by
 businesses; and
 (b) support the adherence, implementation, follow-up and dissemination of relevant
 international instruments, such as the OECD Guidelines for Multinational Enterprises, the ILO
 Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the
 UN Global Compact, and the UN Guiding Principles on Business and Human Rights.
 226
 ---pagebreak--- 3. The Parties recognise the utility of international sector-specific guidelines in the area of
 corporate social responsibility and responsible business conduct and shall encourage joint work in
 this regard. In respect of the OECD Due Diligence Guidance for responsible supply chains of minerals
 from conflict-affected and high-risk areas and its supplements, the Parties shall also implement
 measures to promote the uptake of that Guidance.
 4. The Parties shall work together to strengthen their cooperation on trade-related aspects of
 issues covered by this Article, including in multilateral fora, as appropriate, inter alia through the
 exchange of information, best practices and outreach initiatives.
 Article 8.11: Dispute settlement
 1. The Parties shall make all efforts through dialogue, consultation, exchange of information
 and cooperation to address any disagreement on the application of this Chapter.
 2. By way of derogation from Title I [Dispute settlement] of Part Six [Dispute settlement and
 horizontal provisions], in the event of a dispute between the Parties regarding the application of this
 Chapter, the Parties shall have recourse exclusively to the procedures established under Article 9.1
 [Consultations] and Article 9.2 [Panel of experts].
 Chapter nine: Horizontal and institutional provisions
 Article 9.1: Consultations
 1. A Party may request consultations with the other Party regarding any matter arising under
 Article 1.1(3) [Principles and objectives] of Chapter 1 [General provisions], and Chapters 6 [Labour
 and social standards], 7 [Environment and climate], and 8 [Other instruments for trade and
 sustainable development] by delivering a written request to the other Party. The complaining Party
 shall specify in its written request the reasons and basis for the request, including identification of
 the measures at issue, specifying the provisions it considers applicable. Consultations must
 commence promptly after a Party delivers a request for consultations and in any event not later than
 30 days after the date of delivery of the request, unless the Parties agree to a longer period.
 2. The Parties shall enter into consultations with the aim of reaching a mutually satisfactory
 resolution of the matter. During consultations, each Party shall provide the other Party with
 sufficient information in its possession to allow a full examination of the matters raised. Each Party
 shall endeavour to ensure the participation of personnel of their competent authorities who have
 expertise in the matter subject to the consultations.
 3. In matters relating to the multilateral agreements or instruments referred to in Article 1.1(3)
 [Principle and objectives], Chapters 6 [Labour and social standards], 7 [Environment and climate],
 and 8 [Other instruments for trade and sustainable development] the Parties shall take into account
 available information from the ILO or relevant bodies or organisations established under multilateral
 environmental agreements. Where relevant, the Parties shall jointly seek advice from such
 organisations or their bodies, or any other expert or body they deem appropriate.
 4. Each Party may seek, when appropriate, the views of the domestic advisory groups referred
 to in Article INST.7 [Domestic advisory groups] or other expert advice.
 5. Any resolution reached by the Parties shall be made available to the public.
 227
 ---pagebreak--- Article 9.2: Panel of experts
 1. For any matter that is not satisfactorily addressed through consultations under
 Article 9.1 [Consultations], a Party may, after 90 days from the receipt of a request for consultations
 under that Article, request that a panel of experts be convened to examine that matter, by delivering
 a written request to the other Party. The request shall identify the measure at issue, specify and
 explain how that measure does not conform with the provisions of the relevant Chapter or Chapters
 in a manner sufficient to present the complaint clearly.
 2. The panel of experts shall be composed of three panellists.
 3. The Trade Specialised Committee on the Level Playing Field for Open and Fair Competition
 and Sustainable Development shall, at its first meeting after the entry into force of this Agreement,
 establish a list of at least 15 individuals who are willing and able to serve as panellists. Each Party
 shall name at least five individuals to the list to serve as panellists. The Parties shall also name at
 least five individuals who are not nationals of either Party and who are willing and able to serve as
 chairperson of a panel of experts. The Trade Specialised Committee on the Level Playing Field for
 Open and Fair Competition and Sustainable Development shall ensure that the list is kept up to date
 and that the number of experts is maintained at a minimum of 15 individuals.
 4. The experts proposed as panellists must have specialised knowledge or expertise in labour
 or environmental law, other issues addressed in the relevant Chapter or Chapters, or in the
 resolution of disputes arising under international agreements. They must serve in their individual
 capacities and not take instructions from any organisation or government with regard to matters
 related to the dispute. They must not be affiliated with or take instructions from either Party. They
 shall not be persons who are members, officials or other servants of the Union institutions, of the
 Government of a Member State, of the Government of the United Kingdom.
 5. Unless the Parties agree otherwise within five days from the date of establishment of the
 panel of experts, the terms of reference shall be:
 “to examine, in the light of the relevant provisions, the matter referred to in the request for the
 establishment of the panel of experts, and to deliver a report, in accordance with this Article that
 makes findings on the conformity of the measure with the relevant provisions.”
 6. In respect of matters related to multilateral standards or agreements covered in this Title,
 the panel of experts should seek information from the ILO or relevant bodies established under
 those agreements, including any pertinent available interpretative guidance, findings or decisions
 adopted by the ILO and those bodies.
 7. The panel of experts may request and receive written submissions or any other information
 from persons with relevant information or specialised knowledge.
 8. The panel of experts shall make available such information to each Party allowing them to
 submit their comments within 20 days of its receipt.
 9. The panel of experts shall issue to the Parties an interim report and a final report setting out
 the findings of fact, its determinations on the matter including as to whether the responding Party
 has conformed with its obligations under the relevant Chapter or Chapters and the rationale behind
 any findings and determinations that it makes. For greater certainty, the Parties share the
 understanding that if the Panel makes recommendations in its report, the responding Party does not
 need to follow these recommendations in ensuring conformity with the Agreement.
 228
 ---pagebreak--- 10. The panel of experts shall deliver to the Parties the interim report within 100 days after the
 date of establishment of the panel of experts. When the panel of experts considers that this
 deadline cannot be met, the chairperson of the panel of experts shall notify the Parties in writing,
 stating the reasons for the delay and the date on which the panel of experts plans to deliver its
 interim report. The panel of experts shall, under no circumstances, deliver its interim report later
 than 125 days after the date of establishment of the panel of experts.
 11. Each Party may deliver to the panel of experts a reasoned request to review particular
 aspects of the interim report within 25 days of its delivery. A Party may comment on the other's
 Party's request within 15 days of the delivery of the request.
 12. After considering those comments, the panel of experts shall prepare the final report. If no
 request to review particular aspects of the interim report is delivered within the time
 period referred to in paragraph 11, the interim report shall become the final report of the panel of
 experts.
 13. The panel of experts shall deliver its final report to the Parties within 175 days of the date of
 establishment of the panel of experts. When the panel of experts considers that this time limit
 cannot be met, its chairperson shall notify the Parties in writing, stating the reasons for the delay
 and the date on which the panel of experts plans to deliver its final report. The panel of experts
 shall, under no circumstances, deliver its final report later than 195 days after the date of
 establishment of the panel of experts.
 14. The final report shall include a discussion of any written request by the Parties on the
 interim report and clearly address the comments of the Parties.
 15. The Parties shall make the final report available to the public within 15 days of its delivery
 by the panel of experts.
 16. If the final report of the panel of experts determines that a Party has not conformed with its
 obligations under the relevant Chapter or Chapters, the Parties shall, within 90 days of the delivery
 of the final report, discuss appropriate measures to be implemented taking into account the report
 of the panel of experts. No later than 105 days after the report has been delivered to the Parties, the
 respondent Party shall inform its domestic advisory groups established under Article INST.7
 [Domestic advisory groups] and the complaining Party of its decision on any measures to be
 implemented.
 17. The Trade Specialised Committee on Level Playing Field for Open and Fair Competition and
 Sustainable Development shall monitor the follow-up to the report of the panel of experts. The
 domestic advisory groups of the Parties established under Article INST.7 [Domestic advisory groups]
 may submit observations to the Trade Specialised Committee on Level Playing Field for Open and
 Fair Competition and Sustainable Development in that regard.
 18. When the Parties disagree on the existence of, or the consistency with, the relevant
 provisions of any measure taken to address the non-conformity, the complaining Party may deliver a
 request, which shall be in writing, to the original panel of experts to decide on the matter. The
 request shall identify any measure at issue and explain how that measure is not in conformity with
 the relevant provisions in a manner sufficient to present the complaint clearly. The panel of experts
 shall deliver its findings to the Parties within 45 days of the date of the delivery of the request.
 19. Except as otherwise provided for in this Article, Article INST.14(1) [Arbitration procedure],
 Article INST.29 [Arbitration tribunal decisions and rulings], Article INST.30 [Suspension and
 229
 ---pagebreak--- termination of the arbitration proceedings], Article INST.31 [Mutually agreed solution], Article
 INST.32 [Time periods], Article INST.34 [Costs], Article INST.15 [Establishment of an arbitration
 tribunal], or Article INST.28 [Replacement of arbitrators] as well as ANNEX INST [Rules of Procedure
 for Dispute Settlement] and ANNEX INST-X [Code of Conduct for Arbitrators], shall apply mutatis
 mutandis.
 Article 9.3: Panel of experts for non-regression areas
 1. Article 9.2 [Panel of experts] shall apply to disputes between the Parties concerning the
 interpretation and application of Chapter 6 [Labour and Social Standards] and Chapter 7
 [Environment and Climate].
 2. For the purposes of such disputes, in addition to the Articles listed in Article 9.2(19) [Panel of
 experts], Article INST.24 [Temporary remedies] and Article INST.25 [Review of any measure taken to
 comply after the adoption of temporary remedies] shall apply mutatis mutandis.
 3. The Parties recognise that, where the responding Party chooses not to take any action to
 conform with the report of the panel of experts report and with this Agreement, any remedies
 authorised under Article INST.24 [Temporary remedies] continue to be available to the complaining
 Party.
 Article 9.4: Rebalancing
 1. The Parties recognise the right of each Party to determine its future policies and priorities
 with respect to labour and social, environmental or climate protection, or with respect to subsidy
 control, in a manner consistent with each Party’s international commitments, including those under
 this Agreement. At the same time, the Parties acknowledge that significant divergences in these
 areas can be capable of impacting trade or investment between the Parties in a manner that
 changes the circumstances that have formed the basis for the conclusion of this Agreement.
 2. If material impacts on trade or investment between the Parties are arising as a result of
 significant divergences between the Parties in the areas referred to in paragraph 1, either Party may
 take appropriate rebalancing measures to address the situation. Such measures shall be restricted
 with respect to their scope and duration to what is strictly necessary and proportionate in order to
 remedy the situation. Priority shall be given to such measures as will least disturb the functioning of
 this Agreement. A Party’s assessment of these impacts shall be based on reliable evidence and not
 merely on conjecture or remote possibility.
 3. The following procedures shall apply to rebalancing measures taken under paragraph 2:
 (a) The concerned Party shall, without delay, notify the other Party through the Partnership
 Council of the rebalancing measures it intends to take , providing all relevant information. The
 Parties shall immediately enter into consultations. Consultations shall be deemed concluded
 within 14 days from the date of delivery of the notification, unless they are jointly concluded
 before that time limit.
 (b) If no mutually acceptable solution is found, the concerned Party may adopt rebalancing
 measures no sooner than five days from the conclusion of the consultations, unless the
 notified Party requests within the same five day period, in accordance with Article INST.14(2)
 230
 ---pagebreak--- [Arbitration procedure]64, the establishment of an arbitration tribunal by means of a written
 request delivered to the other Party in order for the arbitration tribunal to decide whether the
 notified rebalancing measures are consistent with paragraph 2 of this Article.
 (c) The arbitration tribunal shall deliver its final ruling within 30 days from its establishment. If the
 arbitration tribunal does not deliver its final ruling within that time period, the concerned
 Party may adopt the rebalancing measures no sooner than three days after the expiry of that
 30 day time period. In that case, the other Party may take countermeasures proportionate to
 the adopted rebalancing measures until the arbitration tribunal delivers its ruling. Priority
 shall be given to such countermeasures as will least disturb the functioning of this Agreement.
 Point (a) shall apply mutatis mutandis to such countermeasures, which may be adopted no
 sooner than three days after the conclusion of consultations.
 (d) If the arbitration tribunal has found the rebalancing measures to be consistent with
 paragraph 2, the concerned Party may adopt the rebalancing measures as notified to the
 other Party.
 (e) If the arbitration tribunal has found the rebalancing measures to be inconsistent with
 paragraph 2, the concerned Party shall, within three days from the delivery of the ruling,
 notify the complaining Party of the measures65 it intends to adopt to comply with the ruling of
 the arbitration tribunal. Articles INST.23(2) [Compliance review], INST.24 [Temporary
 remedies]66 and INST.25 [Review of any measure taken to comply after the adoption of
 temporary remedies] shall apply mutatis mutandis, if the complaining Party considers that the
 notified measures are not in compliance with the ruling of the arbitration tribunal. The
 procedures under Articles INST.23(2) [Compliance review], INST.24 [Temporary measures] and
 INST.25 [Review of any measure taken to comply after the adoption of temporary remedies]
 shall have no suspensive effect on the application of the notified measures pursuant to this
 paragraph.
 (f) If rebalancing measures were adopted prior to the arbitration ruling in accordance with point
 (c), any countermeasures adopted pursuant to that point shall be withdrawn immediately, and
 in no case later than five days, after delivery of the ruling of the arbitration tribunal.
 (g) A Party shall not invoke the WTO Agreement or any other international agreement to
 preclude the other Party from taking measures pursuant to paragraphs 2 and 3, including
 when those measures consist of suspension of obligations under this Agreement.
 (h) If the notified Party does not submit a request pursuant to point (b) within the time period
 laid down therein, that Party may without having prior recourse to consultations in
 accordance with Article INST.13 [Consultations] initiate the arbitration procedure referred to
 in Article INST.14 [Arbitration procedure]. An arbitration tribunal shall treat the issue as a case
 of urgency for the purpose of Article INST.19 [Urgent proceedings].
 4. In order to ensure an appropriate balance between the commitments made by the Parties in
 this Agreement on a more durable basis, either Party may request, no sooner than four years after
 64
 For greater certainty, in this case the Party shall not have prior recourse to consultations in accordance with
 Article INST.13 [Consultations].
 65
 Such measures may include withdrawal or adjustment of the rebalancing measures, as appropriate
 66
 Suspension of obligations under Article INST.24 [Temporary remedies] shall be available only if rebalancing
 measures have in fact been applied.
 231
 ---pagebreak--- the entry into force of this Agreement, a review of the operation of Heading One [Trade] of this
 Agreement. The Parties may agree that other Headings of this Agreement may be added to the
 review.
 5. Such a review shall commence at a Party’s request, if that Party considers that measures
 under paragraphs 2 or 3 have been taken frequently by either or both Parties, or if a measure that
 has a material impact on the trade or investment between the Parties has been applied for a period
 of 12 months. For the purposes of this paragraph, the measures in question are those which were
 not challenged or not found by an arbitration tribunal to be strictly unnecessary pursuant to point
 (d) or (h) of paragraph 3. This review may commence earlier than four years after the entry into
 force of this Agreement.
 6. The review requested pursuant to paragraph 4 or 5 shall begin within three months of the
 request and be completed within six months.
 7. A review on the basis of paragraphs 4 or 5 may be repeated at subsequent intervals of no
 less than four years after the conclusion of the previous review. If a Party has requested a review
 under paragraphs 4 or 5, it may not request a further review under either paragraph 4 or 5 for at
 least four years from the conclusion of the previous review or, if applicable, from the entry into force
 of any amending agreement.
 8. The review shall address whether the Agreement delivers an appropriate balance of rights
 and obligations between the Parties, in particular with regard to the operation of Heading One
 [Trade], and whether, as a result, there is a need for any modification of the terms of this
 Agreement.
 9. The Partnership Council may decide that no action is required as a result of the review. If a
 Party considers that following the review there is a need for an amendment of this Agreement, the
 Parties shall use their best endeavours to negotiate and conclude an agreement making the
 necessary amendments. Such negotiations shall be limited to matters identified in the review.
 10. If an amending agreement referred to in paragraph 9 is not concluded within one year from
 the date the Parties started negotiations, either Party may give notice to terminate Heading One
 [Trade] or any other Heading of the Agreement that was added to the review, or the Parties may
 decide to continue negotiations. If a Party terminates Heading One [Trade], Heading Three [Road
 transport] shall be terminated on the same date. The termination shall take effect three months
 after the date of such notice.
 11. If Heading One [Trade] is terminated pursuant to paragraph 10, Heading Two [Aviation] shall
 be terminated at the same date, unless the Parties agree to integrate the relevant parts of Title XI
 [Level playing field for open and fair competition and sustainable development] in Heading Two
 [Aviation].
 12. Title I [Dispute settlement] of Heading Six [Dispute settlement and horizontal arrangements]
 does not apply to paragraphs 4 to 9.
 TITLE XII: EXCEPTIONS
 Article EXC.1: General exceptions
 1. Nothing in Chapter one [National Treatment and market access for goods] and Chapter five of
 Title I of Heading One of Part two [Customs and trade facilitation], Title VIII of Heading One of Part
 232
 ---pagebreak--- two [Energy and raw materials], Chapter four of Title XI of Heading One of Part two [State-owned
 enterprises], Title III of Heading One of Part two [Digital trade] and Chapter two of Title II of Heading
 One of Part two [Investment liberalisation] shall be construed as preventing a Party from adopting or
 maintaining measures compatible with Article XX of GATT 1994. To that end, Article XX of GATT
 1994, including its Notes and Supplementary Provisions, is incorporated into and made part of this
 Agreement, mutatis mutandis.
 2. Subject to the requirement that such measures are not applied in a manner which would
 constitute a means of arbitrary or unjustifiable discrimination between countries where like
 conditions prevail, or a disguised restriction on investment liberalization or trade in services, nothing
 in Title VIII of Heading One of Part two [Energy and raw materials], Chapter four of Title XI of
 Heading One of Part two [State-owned enterprises], Title III of Heading One of Part two [Digital
 trade], Title II of Heading One of Part two [Services and Investment] and Title IV of Heading One of
 Part two [Capital movements, payments, transfers and temporary safeguard measures] shall be
 construed to prevent the adoption or enforcement by either Party of measures:
 (a) necessary to protect public security or public morals or to maintain public order67;
 (b) necessary to protect human, animal or plant life or health;
 (c) necessary to secure compliance with laws or regulations which are not inconsistent with the
 provisions of this Agreement, including those relating to:
 (i) the prevention of deceptive and fraudulent practices or to deal with the effects of a
 default on contracts;
 (ii) the protection of the privacy of individuals in relation to the processing and
 dissemination of personal data and the protection of confidentiality of individual
 records and accounts; and
 (iii) safety.
 3. For greater certainty, the Parties understand that, to the extent that such measures are
 otherwise inconsistent with the provisions of the aforementioned Chapters, Sections or Titles:
 (a) the measures referred to in point (b) of Article XX of GATT 1994 and in point (b) of paragraph
 2 of this Article include environmental measures, which are necessary to protect human,
 animal or plant life and health;
 (b) point (g) of Article XX of GATT 1994 applies to measures relating to the conservation of living
 and non-living exhaustible natural resources; and
 (c) measures taken to implement multilateral environmental agreements can fall under points (b)
 or (g) of Article XX of GATT 1994 or under point (b) of paragraph 2 of this Article.
 67
 The public security and public order exceptions may be invoked only where a genuine and sufficiently
 serious threat is posed to one of the fundamental interests of society.
 233
 ---pagebreak--- 4. Before a Party takes any measures provided for in points (i) and (j) of Article XX of GATT 1994,
 that Party shall provide the other Party with all relevant information, with a view to seeking a
 solution acceptable to the Parties. If no agreement is reached within 30 days of providing the
 information, the Party may apply the relevant measures. Where exceptional and critical
 circumstances requiring immediate action make prior information or examination impossible, the
 Party intending to take the measures may apply forthwith precautionary measures necessary to deal
 with the situation. That Party shall inform the other Party immediately thereof.
 Article EXC.2: Taxation
 1. Nothing in Titles I to VII, Chapter four [Energy and raw materials] of Title VIII, Titles IX to XII of
 Heading One of Part Two or Heading Six [Other provisions] of Part Two shall affect the rights and
 obligations of either the Union or its Member States and the United Kingdom, under any tax
 convention. In the event of any inconsistency between this Agreement and any such tax convention,
 the tax convention shall prevail to the extent of the inconsistency. With regard to a tax convention
 between the Union or its Member States and the United Kingdom, the relevant competent
 authorities under this Agreement and that tax convention shall jointly determine whether an
 inconsistency exists between this Agreement and the tax convention68.
 2. Article SERVIN.2.4 of Chapter two of Title II of Heading One of Part two [Investment
 Liberalisation] and Article SERVIN.3.4 of Chapter three of Title II of Heading One of Part two [Cross-
 border trade in services] shall not apply to an advantage accorded pursuant to a tax convention.
 3. Subject to the requirement that tax measures are not applied in a manner which would
 constitute a means of arbitrary or unjustifiable discrimination between countries where like
 conditions prevail, or a disguised restriction on trade and investment, nothing in Titles I to VII,
 Chapter four [Energy and raw materials] of Title VIII, Titles IX to XII of Heading One of Part Two or
 Heading Six [Other provisions] of Part Two shall be construed to prevent the adoption, maintenance
 or enforcement by a Party of any measure that:
 (a) aims at ensuring the equitable or effective69 imposition or collection of direct taxes; or
 68
 For greater certainty, such determination shall be without prejudice to Title I of Part Six [Dispute
 Settlement].
 69
 Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes
 include measures taken by a Party under its taxation system which:
 (i) apply to non-resident service suppliers in recognition of the fact that the tax obligation of non-
 residents is determined with respect to taxable items sourced or located in the Party’s
 territory; or
 (ii) apply to non-residents in order to ensure the imposition or collection of taxes in the Party’s
 territory; or
 (iii) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes,
 including compliance measures; or
 (iv) apply to consumers of services supplied in or from the territory of the other Party or of a third
 country in order to ensure the imposition or collection of taxes on such consumers derived
 from sources in the Party’s territory; or
 234
 ---pagebreak--- (b) distinguishes between taxpayers, who are not in the same situation, in particular with regard
 to their place of residence or with regard to the place where their capital is invested.
 4. For the purposes of this Article:
 (a) "residence" means residence for tax purposes;
 (b) "tax convention" means a convention for the avoidance of double taxation or any other
 international agreement or arrangement relating wholly or mainly to taxation; and
 (c) "direct taxes" comprise all taxes on income or capital, including taxes on gains from the
 alienation of property, taxes on estates, inheritances and gifts, taxes on wages or salaries paid
 by enterprises and taxes on capital appreciation.
 Article EXC.3: WTO Waivers
 If an obligation in Titles I to XII of Heading One of Part Two or Heading Six [Other provisions] of Part
 Two of this Agreement is substantially equivalent to an obligation contained in the WTO Agreement,
 any measure taken in conformity with a waiver adopted pursuant to Article IX of the WTO
 Agreement is deemed to be in conformity with the substantially equivalent provision in this
 Agreement.
 Article EXC.4: Security exceptions
 Nothing in Titles I to XII of Heading One of Part Two or Heading Six [Other provisions] of Part Two of
 this Agreement shall be construed:
 (a) to require a Party to furnish or allow access to any information the disclosure of which it
 considers contrary to its essential security interests; or
 (b) to prevent a Party from taking an action which it considers necessary for the protection of its
 essential security interests:
 (i) connected to the production of or traffic in arms, ammunition and implements of war
 and to such production, traffic and transactions in other goods and materials, services
 and technology, and to economic activities, carried out directly or indirectly for the
 purpose of supplying a military establishment;
 (ii) relating to fissionable and fusionable materials or the materials from which they are
 derived; or
 (iii) in time of war or other emergency in international relations; or
 (v) distinguish service suppliers subject to tax on worldwide taxable items from other service
 suppliers, in recognition of the difference in the nature of the tax base between them; or
 (vi) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident
 persons or branches, or between related persons or branches of the same person, in order to
 safeguard the Party’s tax base.
 235
 ---pagebreak--- (c) to prevent a Party from taking any action in pursuance of its obligations under the United
 Nations Charter for the maintenance of international peace and security.
 Article EXC.5: Confidential information
 1. Nothing in Titles I to X, Title XI, with the exception of Article LPFS.2.26 [Taxation standards]
 of Title XI and Title XII of Heading One of Part Two or Heading Six [Other provisions] of Part Two of
 this Agreement shall be construed as requiring a Party to make available confidential information,
 the disclosure of which would impede law enforcement, or otherwise be contrary to the public
 interest, or which would prejudice the legitimate commercial interests of particular enterprises,
 public or private, except where an arbitration tribunal requires such confidential information in
 dispute settlement proceedings under Title I [Dispute settlement] of Part Six, or where a panel of
 experts requires such confidential information in proceedings under Article LPFS.9.2 ̈[Panel of
 experts] or Article LPFS.9.3 ̈[Panel of experts for non-regression areas]. In such cases, the
 arbitration tribunal, or, as the case may be, the panel of experts shall ensure that confidentiality is
 fully protected in accordance with ANNEX INST-X [Rules of Procedure].
 2. When a Party submits information to the Partnership Council or to Committees that is
 considered as confidential under its laws and regulations, the other Party shall treat that information
 as confidential, unless the submitting Party agrees otherwise.
 236
 ---pagebreak--- HEADING TWO: AVIATION
 TITLE I: AIR TRANSPORT
 Article AIRTRN.1: Definitions
 For the purposes of this Title, the following definitions apply:
 (a) “air carrier” means an air transport undertaking holding a valid operating licence or
 equivalent;
 (b) “air carrier of the Union” means an air carrier that fulfils the conditions laid down in point (b)
 of Article AIRTRN.6(1) [Operating authorisations and technical permissions];
 (c) “air carrier of the United Kingdom” means an air carrier that fulfils the conditions laid down in
 point (a) of Article AIRTRN.6(1) or 6(2) [Operating authorisations and technical permissions];
 (d) “air navigation services” means air traffic services, communication, navigation and
 surveillance services, meteorological services for air navigation, and aeronautical information
 services;
 (e) “air operator certificate” means a document issued to an air carrier which affirms that the air
 carrier in question has the professional ability and organisation to secure the safe operation of
 aircraft for the aviation activities specified in the certificate;
 (f) “air traffic management” means the aggregation of the airborne and ground-based functions
 (air traffic services, airspace management and air traffic flow management) required to ensure
 the safe and efficient movement of aircraft during all phases of operations;
 (g) "air transport" means the carriage by aircraft of passengers, baggage, cargo, and mail,
 separately or in combination, held out to the public for remuneration or hire;
 (h) "citizenship determination" means a finding that an air carrier proposing to operate air
 services under this Title satisfies the requirements of Article AIRTRN.6 [Operating
 authorisations and technical permissions] regarding its ownership, effective control and
 principal place of business;
 (i) “competent authorities” means, for the United Kingdom, the authorities of the United
 Kingdom responsible for the regulatory and administrative functions incumbent on the United
 Kingdom under this Title; and for the Union, the authorities of the Union and of the Member
 States responsible for the regulatory and administrative functions incumbent on the Union
 under this Title;
 (j) “the Convention” means the Convention on International Civil Aviation, signed in Chicago on 7
 December 1944, and includes:
 (i) any amendment that has entered into force under Article 94(a) of the Convention and
 has been ratified by the United Kingdom and the Member State or Member States
 concerned, as is relevant to the issue in question; and
 (ii) any Annex or any amendment thereto adopted under Article 90 of the Convention,
 insofar as such Annex or amendment is at any given time effective for the United
 237
 ---pagebreak--- Kingdom and the Member State or Member States concerned, as is relevant to the
 issue in question;
 (k) “discrimination” means differentiation of any kind without objective justification in respect
 of the supply of goods or services, including public services, employed for the operation of air
 transport services, or in respect of their treatment by public authorities relevant to such services;
 (l) “effective control” means a relationship constituted by rights, contracts or any other means
 which, either separately or jointly, and having regard to the considerations of fact or law
 involved, confer the possibility of directly or indirectly exercising a decisive influence on an
 undertaking, in particular by:
 (i) the right to use all or part of the assets of an undertaking;
 (ii) rights or contracts which confer a decisive influence on the composition, voting or
 decisions of the bodies of an undertaking or otherwise confer a decisive influence on
 the running of the business of the undertaking;
 (m) "fitness determination" means a finding that an air carrier proposing to operate air services
 under this Title has satisfactory financial capability and adequate managerial expertise to
 operate such services and is disposed to comply with the laws, regulations and requirements
 that govern the operation of such services;
 (n) “full cost” means the cost of the service provided, which may include appropriate amounts for
 cost of capital and depreciation of assets, as well as the costs of maintenance, operation,
 management and administration;
 (o) “ICAO” means the United Nations International Civil Aviation Organization;
 (p) “principal place of business” means the head office or registered office of an air carrier within
 which the principal financial functions and operational control, including continued
 airworthiness management, of that air carrier are exercised;
 (q) “ramp inspection” means an examination by the competent authority of a Party or its
 designated representatives, on board and around an aircraft of the other Party, to check both
 the validity of the relevant aircraft documents and those of its crew members and the
 apparent condition of the aircraft and its equipment;
 (r) “self-handling” means the performance of ground handling operations by an air carrier
 directly for itself or for another air carrier where:
 (i) one holds the majority in the other; or
 (ii) a single body has a majority holding in each;
 (s) “scheduled air services” means air services which are scheduled and performed for
 remuneration according to a published timetable, or which are so regular or frequent as to
 constitute a recognisably systematic series, and which are open to direct booking by members
 of the public; and extra section flights occasioned by overflow traffic from scheduled flights;
 (t) “stop for non-traffic purposes” means a landing for any purpose other than taking on board or
 discharging passengers, baggage, cargo and/or mail in air transport;
 238
 ---pagebreak--- (u) “tariff” means any fare, rate or charge for the carriage of passengers, baggage or cargo
 (excluding mail) in air transport (including any other mode of transport in connection
 therewith) charged by air carriers, including their agents, and the conditions governing the
 availability of such fare, rate or charge;
 (v) “user charge” means a charge imposed on air carriers for the provision of airport, air
 navigation (including overflights), aviation security facilities or services including related
 services and facilities, or environment-related charges including noise-related charges and
 charges to address local air quality problems at or around airports.
 Article AIRTRN.2: Route schedule
 1. Subject to Article AIRTRN.3 [Traffic rights], the Union shall grant the United Kingdom the
 right for the air carriers of the United Kingdom to operate, while carrying out air transport, on the
 following routes:
 Points in the territory of the United Kingdom – Intermediate Points – Points in the territory of the
 Union – Points Beyond.
 2. Subject to Article AIRTRN.3 [Traffic rights], the United Kingdom shall grant the Union the
 right for the air carriers of the Union to operate, while carrying out air transport, on the following
 routes:
 Points in the territory of the Union – Intermediate Points – Points in the territory of the United
 Kingdom – Points Beyond.
 Article AIRTRN.3: Traffic rights
 1. Each Party shall grant to the other Party the right for its respective air carriers, for the
 purpose of carrying out air transport on the routes laid down in Article AIRTRN.2 [Route schedule],
 to:
 (a) fly across its territory without landing;
 (b) make stops in its territory for non-traffic purposes.
 2. The United Kingdom shall enjoy the right for its air carriers to make stops in the territory of
 the Union to provide scheduled and non-scheduled air transport services between any points
 situated in the territory of the United Kingdom and any points situated in the territory of the Union
 (third and fourth freedom traffic rights).
 3. The Union shall enjoy the right for its air carriers to make stops in the territory of the United
 Kingdom to provide scheduled and non-scheduled air transport services between any points situated
 in the territory of the Union and any points situated in the territory of the United Kingdom (third and
 fourth freedom traffic rights).
 4. Notwithstanding paragraphs 1, 2 and 3 and without prejudice to paragraph 9, the Member
 States and the United Kingdom may, subject to the respective internal rules and procedures of the
 Parties, enter into bilateral arrangements by which, as a matter of this Agreement, they grant each
 other the following rights:
 239
 ---pagebreak--- (a) for the United Kingdom, the right for its air carriers to make stops in the territory of the
 Member State concerned to provide scheduled and non-scheduled all-cargo air transport
 services, between points situated in the territory of that Member State and points situated in
 a third country as part of a service with origin or destination in the territory of the United
 Kingdom (fifth freedom traffic rights);
 (b) for the Member State concerned, the right for Union air carriers to make stops in the territory
 of the United Kingdom to provide scheduled and non-scheduled all-cargo air transport
 services between points situated in the territory of the United Kingdom and points situated in
 a third country, as part of a service with origin or destination in the territory of that Member
 State (fifth freedom traffic rights).
 5. The rights mutually granted in accordance with paragraph 4 shall be governed by the
 provisions of this Title.
 6. Neither Party shall unilaterally limit the volume of traffic, capacity, frequency, regularity,
 routing, origin or destination of the air transport services operated in accordance with paragraphs 2,
 3 and 4, or the aircraft type or types operated for that purpose by the air carriers of the other Party,
 except as may be required for customs, technical, operational, air traffic management, safety,
 environmental or health protection reasons, in a non-discriminatory manner, or unless otherwise
 provided for in this Title.
 7. Nothing in this Title shall be deemed to confer on the United Kingdom the right for its air
 carriers to take on board in the territory of a Member State passengers, baggage, cargo or mail
 carried for compensation and destined for another point in the territory of that Member State or
 any other Member State.
 8. Nothing in this Title shall be deemed to confer on the Union the right for its air carriers to
 take on board in the territory of the United Kingdom passengers, baggage, cargo or mail carried for
 compensation and destined for another point in the territory of the United Kingdom.
 9. Subject to the internal rules and procedures of the Parties, the competent authorities of the
 United Kingdom and of the Member States may authorise non-scheduled air transport services
 beyond the rights provided for in this Article provided that they do not constitute a disguised form of
 scheduled services, and may establish bilateral arrangements regarding the procedures to be
 followed for the handling of, and decisions on, air carriers’ applications.
 Article AIRTRN.4: Code-share and blocked space arrangements
 1. Air transport services in accordance with Article AIRTRN.3 [Traffic rights] may be provided by
 means of blocked-space or code-share arrangements, as follows:
 (a) an air carrier of the United Kingdom may act as the marketing carrier with any operating
 carrier that is an air carrier of the Union or an air carrier of the United Kingdom, or with any
 operating carrier of a third country which, under Union law or, as applicable, under the law of
 the Member State or Member States concerned, enjoys the necessary traffic rights as well as
 the right for its air carriers to exercise those rights by means of the arrangement in question;
 (b) an air carrier of the Union may act as the marketing carrier with any operating carrier that is
 an air carrier of the Union or an air carrier of the United Kingdom, or with any operating
 carrier of a third country which, under United Kingdom law enjoys the necessary traffic rights
 240
 ---pagebreak--- as well as the right for its air carriers to exercise those rights by means of the arrangement in
 question;
 (c) an air carrier of the United Kingdom may act as the operating carrier with any marketing
 carrier that is an air carrier of the Union or an air carrier of the United Kingdom, or with any
 marketing carrier of a third country which, under Union law or, as applicable, under the law of
 the Member State or Member States concerned, enjoys the necessary rights to enter into the
 arrangement in question;
 (d) an air carrier of the Union may act as the operating carrier with any marketing carrier that is
 an air carrier of the Union or an air carrier of the United Kingdom, or with any marketing
 carrier of a third country which, under United Kingdom law, enjoys the necessary rights to
 enter into the arrangement in question;
 (e) in the context of the arrangements provided under points (a) to (d), an air carrier of one Party
 may act as the marketing carrier in a blocked-space or code-share arrangement, in services
 between any pair of points of which both origin and destination are situated in the territory of
 the other Party provided that the following conditions are fulfilled:
 (i) the conditions laid down in point (a) or (b), as the case may be, as regards the
 operating carrier; and
 (ii) the transport service in question forms part of a carriage by the marketing carrier
 between a point in the territory of its Party and that destination point in the territory
 of the other Party.
 2. An air carrier of one Party may act as the marketing carrier in a blocked-space or code-share
 arrangement, in services between any pair of points of which one is situated in the territory of the
 other Party and the other is situated in a third country, provided that the following conditions are
 fulfilled:
 (a) the conditions laid down in point (a) or (b) of paragraph 1, as the case may be, as regards the
 operating carrier; and
 (b) the transport service in question forms part of a carriage by the marketing carrier between a
 point in the territory of its Party and that point in a third country.
 3. In respect of each ticket sold involving the arrangements referred to in this Article, the
 purchaser shall be informed upon reservation of which air carrier will operate each sector of the
 service. Where that is not possible, or in case of change after reservation, the identity of the
 operating carrier shall be communicated to the passenger as soon as it is established. In all cases,
 the identity of the operating carrier or carriers shall be communicated to the passenger at check-in,
 or before boarding where no check-in is required for a connecting flight.
 4. The Parties may require the arrangements referred to in this Article to be approved by their
 competent authorities for the purpose of verifying compliance with the conditions set out therein
 and with other requirements provided for in this Agreement, in particular as regards competition,
 safety and security.
 5. In no case shall recourse to code-share or blocked-space arrangements result in the air
 carriers of the Parties exercising traffic rights on the basis of this Agreement other than those
 provided for in Article AIRTRN.3 [Traffic rights].
 241
 ---pagebreak--- Article AIRTRN.5: Operational flexibility
 The rights mutually granted by the Parties in accordance with Article AIRTRN.3(2), (3) and (4) [Traffic
 rights] shall include, within the limits laid down therein, all of the following prerogatives:
 (a) to operate flights in either or both directions;
 (b) to combine different flight numbers within one aircraft operation;
 (c) to serve points in the route schedule in any combination and in any order;
 (d) to transfer traffic between aircraft of the same air carrier at any point (change of gauge);
 (e) to carry stopover traffic through any points whether within or outside the territory of either
 Party;
 (f) to carry transit traffic through the territory of the other Party;
 (g) to combine traffic on the same aircraft regardless of where such traffic originates;
 (h) to serve more than one point on the same service (co-terminalisation).
 Article AIRTRN.6: Operating authorisations and technical permissions
 1. On receipt of an application for an operating authorisation from an air carrier of a Party, in
 the form and manner prescribed, to operate air transport services under this Title, the other Party
 shall grant the appropriate authorisations and technical permissions with minimum procedural
 delay, provided that all the following conditions are met:
 (a) in the case of an air carrier of the United Kingdom:
 (i) the air carrier is owned, directly or through majority ownership, and is effectively
 controlled by the United Kingdom, its nationals, or both;
 (ii) the air carrier has its principal place of business in the territory of the United Kingdom,
 and is licenced in accordance with the law of the United Kingdom; and
 (iii) the air carrier holds an air operator certificate issued by the competent authority of
 the United Kingdom, which shall be clearly identified, and that authority exercises and
 maintains effective regulatory control of the air carrier;
 (b) in the case of an air carrier of the Union:
 (i) the air carrier is owned, directly or through majority ownership, and is effectively
 controlled by one or more Member States, by other member states of the European
 Economic Area, by Switzerland, by nationals of such states, or by a combination
 thereof;
 (ii) the air carrier has its principal place of business in the territory of the Union and holds
 a valid operating licence in accordance with Union law; and
 242
 ---pagebreak--- (iii) the air carrier holds an air operator certificate issued by the competent authority of
 the Union or a Member State, which shall be clearly identified, and that authority
 exercises and maintains effective regulatory control of the air carrier;
 (c) Articles AIRTRN.18 [Aviation safety] and AIRTRN.19 [Aviation security] are being complied
 with; and
 (d) the air carrier meets the conditions prescribed under the laws and regulations normally
 applied to the operation of international air transport by the Party considering the application
 or applications.
 2. Notwithstanding point (a)(i) of paragraph 1, the appropriate operating authorisations and
 permissions shall be granted to air carriers of the United Kingdom provided that all the following
 conditions are met:
 (a) the conditions laid down in points (a)(ii), (a)(iii), (c) and (d) of paragraph 1 are complied with;
 (b) the air carrier is owned, directly or through majority ownership, and is effectively controlled
 by one or more Member States, by other member states of the European Economic Area, by
 Switzerland, by nationals of such states, or by a combination thereof, whether alone or
 together with the United Kingdom and/or nationals of the United Kingdom;
 (c) on the day the transition period ended, the air carrier held a valid operating licence in
 accordance with Union Law.
 3. For the purposes of paragraphs 1 and 2, evidence of effective regulatory control includes but
 is not limited to:
 (a) the air carrier concerned holding a valid operating licence or permit issued by the competent
 authority and meeting the criteria of the Party issuing the operating licence or permit for the
 operation of international air services; and
 (b) that Party having and maintaining safety and security oversight programmes for that air
 carrier in compliance with ICAO standards.
 4. When granting operating authorisations and technical permissions, each Party shall treat all
 air carriers of the other Party in a non-discriminatory manner.
 5. On receipt of an application for an operating authorisation from an air carrier of a Party, the
 other Party shall recognise any fitness determination or citizenship determination or both made by
 the first Party with respect to that air carrier as if such determination had been made by its own
 competent authorities, and shall not enquire further into such matters, except as provided for in
 Article AIRTRN.8(3) [Refusal, revocation, suspension or limitation of operating authorisation].
 Article AIRTRN.7: Operating plans, programmes and schedules
 Notification of operating plans, programmes or schedules for air services operated under this Title
 may be required by a Party for information purposes only. Where a Party requires such notification,
 it shall minimise the administrative burden associated with its notification requirements and
 procedures that is borne by air transport intermediaries and the air carriers of the other Party.
 243
 ---pagebreak--- Article AIRTRN.8: Refusal, revocation, suspension or limitation of operating authorisation
 1. The Union may take action against an air carrier of the United Kingdom, in accordance with
 paragraphs 3, 4 and 5 of this Article, in any of the following cases:
 (a) in the case of authorisations and permissions granted in accordance with point (a) of Article
 AIRTRN. 6(1) [Operating authorisations and technical permissions], any of the conditions laid
 down therein is not met;
 (b) in the case of authorisations and permissions granted in accordance with Article AIRTRN.
 6(2)[Operating authorisations and technical permissions], any of the conditions laid down
 therein is not met;
 (c) the air carrier has failed to comply with the laws and regulations referred to in Article
 AIRTRN.10 [Compliance with laws and regulations]; or
 (d) such action is necessary in order to prevent, protect against or control the spread of disease,
 or otherwise protect public health.
 2. The United Kingdom may take action against an air carrier of the Union in accordance with
 paragraphs 3, 4 and 5 of this Article in any of the following cases:
 (a) any of the conditions laid down in point (b) of Article AIRTRN.6(1) [Operating authorisations
 and technical permissions] is not met;
 (b) the air carrier has failed to comply with the laws and regulations referred to in Article
 AIRTRN.10 [Compliance with laws and regulations] of this Title; or
 (c) such action is necessary in order to prevent, protect against or control the spread of disease,
 or otherwise protect public health.
 3. Where a Party has reasonable grounds to believe that an air carrier of the other Party is in
 any of the situations referred to in paragraph 1 or 2, as the case may be, and that action must be
 taken in that respect, that Party shall notify the other Party in writing as soon as possible of the
 reasons for the intended refusal, suspension or limitation of the operating authorisation or technical
 permission and request consultations.
 4. Such consultations shall start as soon as possible and not later than 30 days from receipt of
 the request for consultations. Failure to reach a satisfactory agreement within 30 days or an agreed
 time period from the starting date of such consultations, or failure to take the agreed corrective
 action, shall constitute grounds for the Party that requested the consultations to take action to
 refuse, revoke, suspend, impose conditions on or limit the operating authorisation or technical
 permissions of the air carrier or air carriers concerned to ensure compliance with Articles AIRTRN.6
 [Operating authorisations and technical permissions] and AIRTRN.10 [Compliance with laws and
 regulations]. Where measures have been taken to refuse, revoke, suspend or limit the operating
 authorisation or technical permission of an air carrier, a Party may have recourse to arbitration in
 accordance with Article INST.14 [Arbitration procedure], without having prior recourse to
 consultations in accordance with Article INST.13 [Consultations]. An arbitration tribunal shall treat
 the issue as a case of urgency for the purpose of Article INST.19 [Urgent Proceedings]. At the request
 of a Party, the tribunal may, pending its final ruling, order the adoption of interim relief measures,
 including the modification or suspension of measures taken by either Party under this Article.
 244
 ---pagebreak--- 5. Notwithstanding paragraphs 3 and 4, in the cases referred to in points (c) and (d) of
 paragraph 1, and in points (b) and (c) of paragraph 2, a Party may take immediate or urgent action
 where required by an emergency or to prevent further non-compliance. For the purposes of this
 paragraph, further non-compliance means that the question of non-compliance has already been
 raised between the competent authorities of the Parties.
 6. This Article is without prejudice to the provisions of Title XI [Level playing field for open and
 fair competition and sustainable development] of Heading One, Article AIRTRN 11(4) [Non-
 Discrimination], Article AIRTRN 18 (4), (6) and (8) [Aviation Safety] and Article AIRTRN 19(12)
 [Aviation Security] and to the dispute settlement procedure laid down in Title I [Dispute Settlement]
 of Part Six or to the measures resulting therefrom.
 Article AIRTRN.9: Ownership and control of air carriers
 The Parties recognise the potential benefits of the continued liberalisation of ownership and control
 of their respective air carriers. The Parties agree to examine in the Specialised Committee on Air
 Transport options for the reciprocal liberalisation of the ownership and control of their air carriers
 within 12 months from the entry into force of this Agreement, and thereafter within 12 months of
 receipt of a request to do so from one of the Parties. As a result of this examination, the Parties may
 decide to amend this Title.
 Article AIRTRN.10: Compliance with laws and regulations
 1. The laws and regulations of a Party relating to the admission to, operation within, and
 departure from its territory of aircraft engaged in international air transport shall be complied with
 by the air carriers of the other Party while entering, operating within, or leaving the territory of that
 Party, respectively.
 2. The laws and regulations of a Party relating to the admission to, operation within, or
 departure from its territory of passengers, crew, baggage, cargo, or mail on aircraft (including
 regulations relating to entry, clearance, immigration, passports, customs and quarantine, or in the
 case of mail, postal regulations) shall be complied with by, or on behalf of, such passengers, crew,
 baggage, cargo, and mail carried by the air carriers of the other Party while entering, operating
 within, or leaving the territory of that Party, respectively.
 3. The Parties shall permit, in their respective territory, the air carriers of the other Party to
 take appropriate measures to ensure that only persons with the travel documents required for entry
 into, or transit through, the territory of the other Party are carried.
 AIRTRN.11: Non-Discrimination
 1. Without prejudice to Title XI [Level playing field for open and fair competition and
 sustainable development] of Heading One, the Parties shall eliminate, within their respective
 jurisdictions, all forms of discrimination which would adversely affect the fair and equal opportunity
 of the air carriers of the other Party to compete in the exercise of the rights provided for in this Title.
 2. A Party (the “initiating Party”) may proceed in accordance with paragraphs 3 to 6 where it
 considers that its air carriers’ fair and equal opportunities to compete in the exercise of the rights
 provided for in this Title are adversely affected by discrimination prohibited by paragraph 1.
 245
 ---pagebreak--- 3. The initiating Party shall submit a written request for consultations to the other Party (the
 “responding Party”). Consultations shall start within a period of 30 days from the receipt of the
 request, unless otherwise agreed by the Parties.
 4. Where the initiating Party and the responding Party fail to reach agreement on the matter
 within 60 days from the receipt of the request for consultations referred to in paragraph 3, the
 initiating Party may take measures against all or part of the air carriers which have benefitted from
 discrimination prohibited by paragraph 1, including action to refuse, revoke, suspend, impose
 conditions on or limit the operating authorisations or technical permissions of the air carriers
 concerned.
 5. The measures taken pursuant to paragraph 4 shall be appropriate, proportionate and
 restricted in their scope and duration to what is strictly necessary to mitigate the injury to the air
 carriers of the initiating Party and remove the undue advantage gained by the air carriers against
 which they are directed.
 6. Where consultations have not resolved the matter or where measures have been taken
 pursuant to paragraph 4, a Party may have recourse to arbitration in accordance with Article INST.14
 [Arbitration procedure], without having prior recourse to consultations in accordance with Article
 INST.13 [Consultations]. An arbitration tribunal shall treat the issue as a case of urgency for the
 purpose of Article INST.19 [Urgent Proceedings]. At the request of a Party, the tribunal may, pending
 its final ruling, order the adoption of interim relief measures, including the modification or
 suspension of measures taken by either Party under this Article.
 7. Notwithstanding paragraph 2, the Parties shall not proceed under paragraphs 3 to 6 in relation to
 conduct falling under the scope of Title XI [Level playing field for open and fair competition and
 sustainable development] of Heading One.
 Article AIRTRN.12: Doing business
 1. The Parties agree that obstacles to doing business encountered by air carriers would hamper
 the benefits under this Title. The Parties agree to cooperate in removing obstacles to doing business
 for air carriers of both Parties where such obstacles may hamper commercial operations, create
 distortions to competition or affect equal opportunities to compete.
 2. The Specialised Committee on Air Transport shall monitor progress in effectively addressing
 matters relating to obstacles to doing business for air carriers.
 Article AIRTRN.13: Commercial operations
 1. The Parties shall grant each other the rights laid down in paragraphs 2 to 7. For the purposes
 of the exercise of those rights, the air carriers of each Party shall not be required to retain a local
 sponsor.
 2. As regards air carrier representatives:
 (a) the establishment of offices and facilities by the air carriers of one Party in the territory of the
 other Party as necessary to provide services under this Title shall be allowed without
 restriction or discrimination;
 (b) without prejudice to safety and security regulations, where such offices and facilities are
 located in an airport they may be subject to limitations on grounds of availability of space;
 246
 ---pagebreak--- (c) each Party shall, in accordance with its laws and regulations relating to entry, residence and
 employment, authorise the air carriers of the other Party to bring in and maintain in the
 territory of the authorising Party those of their own managerial, sales, technical, operational
 and other specialist staff which the air carrier reasonably considers necessary for the provision
 of air transport services under this Title. Where employment authorisations are required for
 the personnel referred to in this paragraph, including those performing certain temporary
 duties, the Parties shall process applications for such authorisations expeditiously, subject to
 the relevant laws and regulations.
 3. As regards ground handling:
 (a) each Party shall permit the air carriers of the other Party to perform self-handling in its
 territory without restrictions other than those based on considerations of safety or security, or
 otherwise resulting from physical or operational constraints;
 (b) each Party shall not impose on the air carriers of the other Party the choice of one or more
 providers of ground handling services among those which are present in the market in
 accordance with the laws and regulations of the Party where the services are provided;
 (c) without prejudice to point (a), where the laws and regulations of a Party limit or restrict in any
 way free competition between providers of ground handling services, that Party shall ensure
 that all necessary ground handling services are available to the air carriers of the other Party
 and that they are provided under no less favourable terms than those under which they are
 provided to any other air carrier.
 4. As regards the allocation of slots at airports, each Party shall ensure that its regulations,
 guidelines and procedures for allocation of slots at the airports in its territory are applied in
 a transparent, effective, non-discriminatory and timely manner.
 5. As regards local expenses and transfer of funds and earnings:
 (a) the provisions of Title IV [Capital movements, payments, transfers and temporary safeguard
 measures] of Heading One apply to the matters governed by this Title, without prejudice to
 Article AIRTRN.6 [Operating authorisations and technical permissions];
 (b) the Parties shall grant each other the benefits laid down in points (c) to (e);
 (c) it shall be possible for the sale and purchase of transport and related services by the air
 carriers of the Parties, at the discretion of the air carrier, to be denominated in pounds
 sterling if the sale or purchase takes place in the territory of the United Kingdom, or, if the sale
 or purchase take place in the territory of a Member State, to be denominated in the currency
 of that Member State;
 (d) the air carriers of each Party shall be permitted to pay for local expenses in local currency, at
 their discretion;
 (e) the air carriers of each Party shall be permitted, on demand, to remit revenues obtained in the
 territory of the other Party from the sale of air transport services and associated activities
 directly linked to air transport in excess of sums locally disbursed, at any time, in any way, to
 the country of their choice. Prompt conversion and remittance shall be permitted without
 restrictions or taxation in respect thereof at the market rate of exchange applicable to current
 transactions and remittance on the date the carrier makes the initial application for
 247
 ---pagebreak--- remittance and shall not be subject to any charges except those normally made by banks for
 carrying out such conversion and remittance.
 6. As regards intermodal transport:
 (a) in relation to the transport of passengers, the Parties shall not subject surface transport
 providers to laws and regulations governing air transport on the sole basis that such surface
 transport is held out by an air carrier under its own name;
 (b) subject to any conditions and qualifications set out in Title II [SERVICES AND INVESTMENT] of
 Heading One and its Annexes and in Title I [Transport of Goods by Road] of Heading Three and
 its Annex, air carriers of each Party shall be permitted, without restriction, to employ in
 connection with international air transport any surface transport for cargo to or from any
 points in the territories of the Parties, or in third countries, including transport to and from all
 airports with customs facilities, and including, where applicable, the right to transport cargo in
 bond under applicable laws and regulations. Such cargo, whether moving by surface or by air,
 shall have access to airport customs processing and facilities. Air carriers may elect to perform
 their own surface transport or to provide it through arrangements, including code share, with
 other surface transport providers, including surface transport operated by other air carriers
 and indirect providers of cargo air transport. Such inter-modal cargo services may be offered
 as a through service and at a single price for the air and surface transport combined, provided
 that shippers are informed as to the providers of the transport involved.
 7. As regards leasing:
 (a) the Parties shall grant each other the right for their air carriers to provide air transport
 services in accordance with Article AIRTRN.3 [Traffic rights] in all the following ways:
 (i) using aircraft leased without crew from any lessor;
 (ii) in the case of air carriers of the United Kingdom, using aircraft leased with crew from
 other air carriers of the Parties;
 (iii) in the case of air carriers of the Union, using aircraft leased with crew from other air
 carriers of the Union;
 (iv) using aircraft leased with crew from air carriers other than those referred to in points
 (ii) and (iii), respectively, provided that the leasing is justified on the basis of
 exceptional needs, seasonal capacity needs or operational difficulties of the lessee,
 and the leasing does not exceed the duration which is strictly necessary to fulfil those
 needs or overcome those difficulties;
 (b) the Parties may require leasing arrangements to be approved by their competent authorities
 for the purpose of verifying compliance with the conditions set out in this paragraph and with
 the applicable safety and security requirements;
 (c) however, where a Party requires such approval, it shall endeavour to expedite the approval
 procedures and minimise the administrative burden on the air carriers concerned;
 (d) the provisions of this paragraph are without prejudice to the laws and regulations of a Party as
 regards the leasing of aircraft by air carriers of that Party.
 248
 ---pagebreak--- Article AIRTRN.14: Fiscal provisions
 1. On arriving in the territory of one Party, aircraft operated in international air transport by
 the air carriers of the other Party, their regular equipment, fuel, lubricants, consumable technical
 supplies, ground equipment, spare parts (including engines), aircraft stores (including but not limited
 to such items as food, beverages and liquor, tobacco and other products destined for sale to, or use
 by, passengers in limited quantities during flight) and other items intended for or used solely in
 connection with the operation or servicing of aircraft engaged in international air transport shall, on
 the basis of reciprocity, and provided that such equipment and supplies remain on board the
 aircraft, be exempt from all import restrictions, property taxes and capital levies, customs duties,
 excise taxes, inspection fees, value added tax or other similar indirect taxes, and similar fees and
 charges imposed by the national or local authorities or the Union.
 2. The following goods shall also be exempt, on the basis of reciprocity, from the taxes, levies,
 duties, fees and charges referred to in paragraph 1:
 (a) aircraft stores introduced into or supplied in the territory of a Party and taken on board,
 within reasonable limits, for use on outbound aircraft of an air carrier of the other Party used
 in international air transport, even when these stores are to be used on a part of the journey
 performed over the said territory;
 (b) ground equipment and spare parts (including engines) introduced into the territory of a Party
 for the servicing, maintenance, or repair of aircraft of an air carrier of the other Party used in
 international air transport;
 (c) lubricants and consumable technical supplies other than fuel introduced into or supplied in
 the territory of a Party for use in an aircraft of an air carrier of the other Party used in
 international air transport, even when those supplies are to be used on a part of the journey
 performed over the said territory; and
 (d) printed matter, as provided for by the customs legislation of each Party, introduced into or
 supplied in the territory of one Party and taken on board for use on outbound aircraft of an air
 carrier of the other Party engaged in international air transport, even when those stores are to
 be used on a part of the journey performed over the said territory.
 3. The regular airborne equipment, as well as the material, supplies and spare parts referred to
 in paragraph 1 normally retained on board aircraft operated by an air carrier of one Party may be
 unloaded in the territory of the other Party only with the approval of the customs authorities of that
 Party and may be required to be kept under the supervision or control of the said authorities up to
 such time as they are re-exported or otherwise disposed of in accordance with applicable
 regulations.
 4. The relief from customs duties, national excise duties and similar national fees provided for
 in this Article shall also be available in situations where the air carrier or air carriers of one Party
 have entered into arrangements with another air carrier or air carriers for the loan or transfer in the
 territory of the other Party of the items specified in paragraphs 1 and 2, provided that such other air
 carrier or air carriers similarly enjoy such relief from that other Party.
 5. Nothing in this Title shall prevent either Party from imposing taxes, levies, duties, fees or
 charges on goods sold other than for consumption on board to passengers during a sector of an air
 249
 ---pagebreak--- service between two points within its territory at which embarkation or disembarkation is
 permitted.
 6. Baggage and cargo in direct transit across the territory of a Party shall be exempt from taxes,
 customs duties, fees and other similar charges.
 7. Equipment and supplies referred to in paragraph 2 may be required to be kept under the
 supervision or control of the competent authorities.
 8. The provisions of the respective conventions in force between the United Kingdom and
 Member States for the avoidance of double taxation on income and on capital remain unaffected by
 this Title.
 9. The relief from customs duties, national excise duties and similar national fees shall not
 extend to charges based on the cost of services provided to an air carrier of a Party in the territory of
 the other Party.
 Article AIRTRN.15: User charges
 1. User charges that may be imposed by one Party on the air carriers of the other Party for the
 use of air navigation and air traffic control shall be cost-related and non-discriminatory. In any event,
 any such user charges shall be assessed on the air carriers of the other Party on terms not less
 favourable than the most favourable terms available to any other air carrier in like circumstances at
 the time the charges are applied.
 2. Without prejudice to Article AIRTRN.13(5) [Commercial Operations], each Party shall ensure
 that user charges other than those mentioned in paragraph 1 that may be imposed on the air
 carriers of the other Party are just, reasonable, not unjustly discriminatory, and equitably
 apportioned among categories of users. User charges imposed on the air carriers of the other Party
 may reflect, but not exceed, the full cost of providing appropriate airport, airport environmental and
 aviation security facilities and services at the airport or within the airport system. Such charges may
 include a reasonable return on assets after depreciation. Facilities and services for which user
 charges are imposed shall be provided on an efficient and economic basis. In any event, any such
 user charges shall be assessed on the air carrier of the other Party on terms no less favourable than
 the most favourable terms available to any other air carrier in like circumstances at the time the
 charges are applied.
 3. In order to ensure the correct application of the principles set out in paragraphs 1 and 2,
 each Party shall ensure that consultations take place between the competent charging authorities or
 bodies in its territory and the air carriers using the services and facilities concerned and that the
 competent charging authorities or bodies and the air carriers exchange such information as may be
 necessary. Each Party shall ensure that the competent charging authorities provide users with
 reasonable notice of any proposal for changes in user charges to enable users to express their views
 before any changes are made.
 Article AIRTRN.16: Tariffs
 1. The Parties shall allow tariffs to be freely established by the air carriers of the Parties on the
 basis of fair competition in accordance with this Title.
 2. The Parties shall not subject the tariffs of each other’s air carriers to approval.
 250
 ---pagebreak--- Article AIRTRN.17: Statistics
 1. The Parties shall cooperate within the framework of the Specialised Committee on Air
 Transport to facilitate the exchange of statistical information related to air transport under this Title.
 2. Upon request, each Party shall provide the other Party with non-confidential and non-
 commercially sensitive available statistics related to air transport under this Title, as required by the
 respective laws and regulations of the Parties, on a non-discriminatory basis, and as may reasonably
 be required.
 Article AIRTRN.18: Aviation safety
 1. The Parties reaffirm the importance of close cooperation in the field of aviation safety.
 2. Certificates of airworthiness, certificates of competency and licences issued or rendered
 valid by one Party and still in force shall be recognised as valid by the other Party and its competent
 authorities, for the purpose of operating air services under this Title, provided that such certificates
 or licences were issued or rendered valid pursuant to, and in conformity with, as a minimum, the
 relevant international standards established under the Convention.
 3. Each Party may request consultations at any time concerning the safety standards
 maintained and administered by the other Party in areas relating to aeronautical facilities, flight
 crew, aircraft and the operation of aircraft. Such consultations shall take place within 30 days of the
 request.
 4. If, following such consultations, one Party finds that the other Party does not effectively
 maintain and administer safety standards in the areas referred to in paragraph 2 that are at least
 equal to the minimum standards established at that time pursuant to the Convention, the first Party
 shall notify the other Party of those findings and the steps considered necessary to conform with
 those minimum standards, and the other Party shall take appropriate corrective action. Failure by
 the other Party to take appropriate action within 15 days or such other period as may be agreed
 shall be grounds for the requesting Party to refuse, revoke, suspend, impose conditions on or limit
 the operating authorisations or technical permissions, or to otherwise refuse, revoke, suspend,
 impose conditions on or limit the operations of the air carriers under the safety oversight of the
 other Party.
 5. Any aircraft operated by, or under a lease arrangement on behalf of, an air carrier or air
 carriers of one Party may, while within the territory of the other Party, be made the subject of a
 ramp inspection, provided that this does not lead to unreasonable delay in the operation of the
 aircraft.
 6. The ramp inspection or series of ramp inspections can give rise to:
 (a) serious concerns that an aircraft or the operation of an aircraft does not comply with the
 minimum standards established at that time pursuant to the Convention; or
 (b) serious concerns that there is a lack of effective maintenance and administration of safety
 standards established at that time pursuant to the Convention.
 In the event that the Party that conducted the ramp inspection or inspections establishes serious
 concerns as referred to in point (a) or (b), it shall notify the competent authorities of the other Party
 that are responsible for the safety oversight of the air carrier operating the aircraft of such findings
 251
 ---pagebreak--- and inform them of the steps considered necessary to conform with those minimum standards.
 Failure to take appropriate corrective action within 15 days or such other period as may be agreed
 shall constitute grounds for the first Party to refuse, revoke, suspend, impose conditions on or limit
 the operating authorisations or technical permissions or to otherwise refuse, revoke, suspend,
 impose conditions on or limit the operations of the air carrier operating the aircraft.
 7. In the event that access for the purpose of undertaking a ramp inspection of an aircraft
 operated by the air carrier or air carriers of one Party in accordance with paragraph 5 is denied, the
 other Party shall be free to infer that serious concerns as referred to in paragraph 6 arise and
 proceed in accordance with paragraph 6.
 8. Each Party reserves the right to immediately revoke, suspend or limit the operating
 authorisations or technical permissions or to otherwise suspend or limit the operations of an air
 carrier or air carriers of the other Party, if the first Party concludes as a result of a ramp inspection, a
 series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that
 immediate action is essential to the safety of an air carrier operation. The Party taking such
 measures shall promptly inform the other Party, providing reasons for its action.
 9. Any action by one Party in accordance with paragraphs 4, 6 or 8 shall be discontinued once
 the basis for the taking of that action ceases to exist.
 10. Where measures have been taken by a Party pursuant to paragraphs 4, 6 or 8, in the event
 of a dispute a Party may have recourse to arbitration in accordance with Article INST.14 [Arbitration
 procedure], without having prior recourse to consultations in accordance with Article INST.13
 [Consultations]. An arbitration tribunal shall treat the issue as a case of urgency for the purpose of
 Article INST.19 [Urgent Proceedings]. At the request of the complaining Party, the tribunal may,
 pending its final ruling, order the adoption of interim relief measures, including the modification or
 suspension of measures taken by either Party under this Article.
 Article AIRTRN.19: Aviation security
 1. The Parties shall provide upon request all necessary assistance to each other to address any
 threat to the security of civil aviation, including the prevention of acts of unlawful seizure of civil
 aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crew,
 airports and air navigation facilities, and any other threat to the security of civil aviation.
 2. The Parties shall, in their mutual relations, act in conformity with the aviation security
 standards established by ICAO. They shall require that operators of the aircraft in their registries and
 the operators of airports in their territory, act, at least, in conformity with such aviation security
 standards. Each Party shall, on request, provide the other Party notification of any difference
 between its laws, regulations and practices and the aviation security standards referred to in this
 paragraph. Each Party may at any time request consultations, to be held without delay, with the
 other Party to discuss those differences.
 3. Each Party shall ensure that effective measures are taken within its territory to protect civil
 aviation against acts of unlawful interference, including, but not limited to, screening of passengers
 and their cabin baggage, screening of hold baggage, screening and security controls for persons
 other than passengers, including crew, and their items carried, screening and security controls for
 cargo, mail, in-flight and airport supplies, and access control to airside and security restricted areas.
 Each Party agrees that the security provisions of the other Party relating to the admission to,
 operating within, or departure from its territory of aircraft shall be observed.
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 ---pagebreak--- 4. The Parties shall endeavour to cooperate on aviation security matters to the highest extent,
 to exchange information on threat, vulnerability and risk, subject to the mutual agreement of
 appropriate arrangements for the secure transfer, use, storage and disposal of classified
 information, to discuss and share best practices, performance and detection standards of security
 equipment, compliance monitoring best practices and results, and in any other area that the Parties
 may identify. In particular, the Parties shall endeavour to develop and maintain cooperation
 arrangements between technical experts on the development and recognition of aviation security
 standards with the aim of facilitating such cooperation, reducing administrative duplication and
 fostering early notice and prior discussion of new security initiatives and requirements.
 5. Each Party shall make available to the other Party on request the results of audits carried out
 by ICAO and the corrective actions taken by the audited state, subject to the mutual agreement of
 appropriate arrangements for the secure transfer, use, storage and disposal of such information.
 6. The Parties agree to cooperate on security inspections undertaken by them in the territory
 of either Party through the establishment of mechanisms, including administrative arrangements,
 for the reciprocal exchange of information on results of such security inspections. The Parties agree
 to consider positively requests to participate, as observers, in security inspections undertaken by the
 other Party.
 7. Subject to paragraph 9, and with full regard and mutual respect for the other Party’s
 sovereignty, a Party may adopt security measures for entry into its territory. Where possible, that
 Party shall take into account the security measures already applied by the other Party and any views
 that the other Party may offer. Each Party recognises that nothing in this Article limits the right of a
 Party to refuse entry into its territory of any flight or flights that it deems to present a threat to its
 security.
 8. A Party may take emergency measures to meet a specific security threat. Such measures
 shall be notified immediately to the other Party. Without prejudice to the need to take immediate
 action in order to protect aviation security, when considering security measures, a Party shall
 evaluate possible adverse effects on international air transport and, unless constrained by law, shall
 take such effects into account when it determines what measures are necessary and appropriate to
 address the security concerns.
 9. With regard to air services bound for its territory, a Party may not require security measures
 to be implemented in the territory of the other Party. Where a Party considers that a specific threat
 urgently requires the implementation of temporary measures in addition to the measures already in
 place in the territory of the other Party, it shall inform the other Party of the particulars of that
 threat to the extent consistent with the need to protect security information, and of the proposed
 measures. The other Party shall give positive consideration to such a proposal and may decide to
 implement additional measures as it deems necessary. Such measures shall be proportionate and
 limited in time.
 10. When an incident or threat of an incident of unlawful seizure of civil aircraft or other
 unlawful acts against the safety of aircraft, passengers, crew, airports or air navigation facilities
 occurs, the Parties shall assist each other by facilitating communications and other appropriate
 measures intended to rapidly and safely terminate such incident or threat.
 11. Each Party shall take all measures it finds practicable to ensure that an aircraft subjected to
 an act of unlawful seizure or other acts of unlawful interference which is on the ground in its
 territory is detained on the ground unless its departure is necessitated by the overriding duty to
 253
 ---pagebreak--- protect human life. Where practicable, such measures shall be taken on the basis of consultations
 between the Parties.
 12. When a Party has reasonable grounds to believe that the other Party does not comply with
 this Article, that Party may request immediate consultations with the other Party. Such consultations
 shall start within 30 days of the receipt of such a request. Failure to reach a satisfactory agreement
 within 15 days or such other period as may be agreed from the date of such request shall constitute
 grounds for the Party that requested the consultations to take action to refuse, revoke, suspend,
 impose conditions on or limit the operating authorisation and technical permissions of an air carrier
 or air carriers of the other Party to ensure compliance with this Article. When required by an
 emergency, or to prevent further non-compliance with this Article, a Party may take interim action
 prior to the expiry of the 15 day-period referred to in this paragraph.
 13. Any action taken in accordance with paragraph 8 shall be discontinued when the Party in
 question considers that the action is no longer required or has been superseded by other measures
 to mitigate the threat. Any action taken in accordance with paragraph 12 shall be discontinued upon
 compliance by the other Party with this Article. In the case of action taken in accordance with
 paragraph 8 or 12, this may be discontinued as mutually agreed by the Parties.
 14. Where measures or actions have been taken in accordance with paragraphs 7, 8, 9 or 12, a
 Party may have recourse to the dispute settlement provisions of Title I [Dispute settlement] of Part
 Six. An arbitration tribunal shall treat the issue as a case of urgency for the purpose of Article
 INST.19 [Urgent Proceedings].
 Article AIRTRN.20: Air traffic management
 1. The Parties and their respective competent authorities and air navigation service providers
 shall cooperate with each other in such a way as to enhance the safe and efficient functioning of air
 traffic in the European region. The Parties shall seek interoperability between each other’s service
 providers.
 2. The Parties agree to cooperate on matters concerning the performance and charging of air
 navigation services and network functions, with a view to optimising overall flight efficiency,
 reducing costs, minimising environmental impact and enhancing the safety and capacity of air traffic
 flows between the existing air traffic management systems of the Parties.
 3. The Parties agree to promote cooperation between their air navigation service providers in
 order to exchange flight data and coordinate traffic flows to optimise flight efficiency, with a view to
 achieving improved predictability, punctuality and service continuity for air traffic.
 4. The Parties agree to cooperate on their air traffic management modernisation programmes,
 including research, development and deployment activities, and to encourage cross-participation in
 validation and demonstration activities with the goal of ensuring global interoperability.
 Article AIRTRN.21: Air carrier liability
 The Parties reaffirm their obligations under the Convention for the Unification of Certain Rules for
 International Carriage by Air, done at Montreal on 28 May 1999 (the Montreal Convention).
 254
 ---pagebreak--- Article AIRTRN.22: Consumer protection
 1. The Parties share the objective of achieving a high level of consumer protection and shall
 cooperate to that effect.
 2. The Parties shall ensure that effective and non-discriminatory measures are taken to protect
 the interests of consumers in air transport. Such measures shall include the appropriate access to
 information, assistance including for persons with disabilities and reduced mobility, reimbursement
 and, if applicable, compensation in case of denied boarding, cancellation or delays, and efficient
 complaint handling procedures.
 3. The Parties shall consult each other on any matter related to consumer protection, including
 their planned measures in that regard.
 Article AIRTRN.23: Relationship to other agreements
 1. Earlier agreements and arrangements relating to the subject matter of this Title between the
 United Kingdom and the Member States, to the extent that they may not have been superseded by
 the law of the Union, shall be superseded by this Agreement.
 2. The United Kingdom and a Member State may not grant each other any rights in connection
 with air transport to, from or within their respective territories other than those expressly laid down
 in this Title, save as provided for in Article AIRTRN.3 (4) and (9) [traffic rights].
 3. If the Parties become party to a multilateral agreement, or endorse a decision adopted by
 ICAO or another international organisation that addresses matters covered by this Title, they shall
 consult in the Specialised Committee on Air Transport to determine whether this Title should be
 revised to take into account such developments.
 4. Nothing in this Title shall affect the validity and application of existing and future
 agreements between the Member States and the United Kingdom as regards territories under their
 respective sovereignty which are not covered by Article FINPROV.1 [Territorial scope].
 5. Nothing in this Title shall affect any rights available to the United Kingdom and Member
 States under the Multilateral Agreement on Commercial Rights of Non-Scheduled Air Services in
 Europe, signed at Paris on 30 April 1956, to the extent that such rights go beyond those laid down in
 this Title.
 Article AIRTRN.24: Suspension and Termination
 1. A suspension of this Title, in whole or in part, pursuant to Article INST.24 [Temporary
 remedies], may be implemented no earlier than the first day of the International Air Transport
 Association (IATA) traffic season following the season during which the suspension has been
 notified.
 2. Upon termination of this Agreement pursuant to Article FINPROV.8 [Termination] or upon
 termination of this Title pursuant to Article AIRTRN.25 [Termination of this Title] or Article OTH.10
 [Termination of Part Two] or Article FISH.17 [Termination], the provisions governing the matters
 falling within the scope of this Title shall continue to apply beyond the date of cessation referred to
 in Article FINPROV.8 [Termination] or Article AIRTRN.25 [Termination of this Title] or Article OTH.10
 [Termination of Part Two] or Article FISH.17 [Termination], until the end of the IATA traffic season in
 progress on that date.
 255
 ---pagebreak--- 3. The Party suspending this Title, in whole or in part, or terminating this Agreement or
 this Title shall inform ICAO thereof.
 Article AIRTRN.25: Termination of this Title
 Without prejudice to Article FINPROV.8 [Termination], Article OTH.10 [Termination of Part Two], and
 Article FISH.17 [Termination] each Party may at any moment terminate this Title, by written
 notification through diplomatic channels. In that event, this Title shall cease to be in force on the
 first day of the ninth month following the date of notification.
 Article AIRTRN.26: Registration of the Agreement
 This Agreement and any amendments thereto shall, insofar as relevant, be registered with ICAO in
 accordance with Article 83 of the Convention.
 256
 ---pagebreak--- TITLE II: AVIATION SAFETY
 Article AVSAF.1: Objectives
 The objectives of this Title are to:
 (a) enable the reciprocal acceptance, as provided for in the Annexes to this Title, of findings of
 compliance made and certificates issued by either Party’s competent authorities or approved
 organisations;
 (b) promote cooperation toward a high level of civil aviation safety and environmental
 compatibility;
 (c) facilitate the multinational dimension of the civil aviation industry;
 (d) facilitate and promote the free flow of civil aeronautical products and services.
 Article AVSAF.2: Definitions
 For the purposes of this Title, the following definitions apply:
 (a) “approved organisation” means any legal person certified by the competent authority of
 either Party to exercise privileges related to the scope of this Title;
 (b) “certificate” means any approval, licence or other document issued as a form of recognition of
 compliance that a civil aeronautical product, an organisation or a legal or natural person
 complies with the applicable requirements set out in laws and regulations of a Party;
 (c) “civil aeronautical product” means any civil aircraft, aircraft engine, or aircraft propeller, or
 subassembly, appliance, part or component, installed or to be installed thereon;
 (d) “competent authority” means a Union or government agency or a government entity
 responsible for civil aviation safety that is designated by a Party for the purposes of this Title
 to perform the following functions:
 (i) to assess the compliance of civil aeronautical products, organisations, facilities,
 operations and services subject to its oversight with applicable requirements set out in
 laws, regulations and administrative provisions of that Party;
 (ii) to conduct monitoring of their continued compliance with these requirements; and
 (iii) to take enforcement actions to ensure their compliance with these requirements;
 (e) “findings of compliance” means a determination of compliance with the applicable
 requirements set out in laws and regulations of a Party as the result of actions such as testing,
 inspections, qualifications, approvals and monitoring;
 (f) “monitoring” means the regular surveillance by a competent authority of a Party to determine
 continuing compliance with the applicable requirements set out in laws and regulations of
 that Party;
 257
 ---pagebreak--- (g) “technical agent” means, for the Union, the European Union Aviation Safety Agency (“EASA”),
 or its successor, and for the United Kingdom, the United Kingdom Civil Aviation Authority
 (“CAA”), or its successor; and
 (h) “the Convention” means the Convention on International Civil Aviation, signed in Chicago on 7
 December 1944, and includes:
 (i) any amendment that has entered into force under Article 94(a) of the Convention and
 has been ratified by the United Kingdom and the Member State or Member States
 concerned, as is relevant to the issue in question; and
 (ii) any Annex or any amendment thereto adopted under Article 90 of the Convention,
 insofar as such Annex or amendment is at any given time effective for the United
 Kingdom and the Member State or Member States concerned, as is relevant to the
 issue in question.
 Article AVSAF.3: Scope and implementation
 1. The Parties may cooperate in the following areas:
 (a) airworthiness certificates and monitoring of civil aeronautical products;
 (b) environmental certificates and testing of civil aeronautical products;
 (c) design and production certificates and monitoring of design and production organisations;
 (d) maintenance organisation certificates and monitoring of maintenance organisations;
 (e) personnel licensing and training;
 (f) flight simulator qualification evaluation;
 (g) operation of aircraft;
 (h) air traffic management and air navigation services; and
 (i) other areas related to aviation safety subject to Annexes to the Convention.
 2. The scope of this Title shall be established by way of Annexes covering each area of
 cooperation set out in paragraph 1.
 3. The Specialised Committee on Aviation Safety may only adopt Annexes as referred to in
 paragraph 2 where each Party has established that the civil aviation standards, rules, practices,
 procedures and systems of the other Party ensure a sufficiently equivalent level of safety to permit
 acceptance of findings of compliance made and certificates issued by its competent authorities or by
 organisations approved by that competent authority.
 4. Each Annex referred to in paragraph 2 shall describe the terms, conditions and methods for
 the reciprocal acceptance of findings of compliance and certificates, and, if necessary, transitional
 arrangements.
 5. The technical agents may develop implementation procedures for each individual Annex.
 Technical differences between the Parties' civil aviation standards, rules, practices, procedures and
 258
 ---pagebreak--- systems shall be addressed in the Annexes referred to in paragraph 2 and implementation
 procedures.
 Article AVSAF.4: General obligations
 1. Each Party shall accept findings of compliance made and certificates issued by the other
 Party's competent authorities or approved organisations, in accordance with the terms and
 conditions set out in the Annexes referred to in Article AVSAF.3(2) [Scope and implementation].
 2. Nothing in this Title shall entail reciprocal acceptance of the standards or technical
 regulations of the Parties.
 3. Each Party shall ensure that its respective competent authorities remain capable and fulfil
 their responsibilities under this Title.
 Article AVSAF.5: Preservation of regulatory authority
 Nothing in this Title shall be construed as limiting the authority of a Party to determine, through its
 legislative, regulatory and administrative measures, the level of protection it considers appropriate
 for safety and the environment.
 Article AVSAF.6: Safeguard measures
 1. Either Party may take all appropriate and immediate measures whenever it considers that
 there is a reasonable risk that a civil aeronautical product, a service or any activity that falls within
 the scope of this Title may compromise safety or the environment, may not meet its applicable
 legislative, regulatory or administrative measures, or may otherwise fail to satisfy a requirement
 within the scope of the applicable Annex to this Title.
 2. Where either Party takes measures pursuant to paragraph 1, it shall inform the other Party
 in writing within 15 working days of taking such measures, providing reasons therefor.
 Article AVSAF.7: Communication
 1. The Parties shall designate and notify each other of a contact point for the communication
 related to the implementation of this Title. All such communications shall be in the English language.
 2. The Parties shall notify to each other a list of the competent authorities, and thereafter an
 updated list each time that becomes necessary.
 Article AVSAF.8: Transparency, regulatory cooperation and mutual assistance
 1. Each Party shall ensure that the other Party is kept informed of its laws and regulations
 related to this Title and any significant changes to such laws and regulations.
 2. The Parties shall to the extent possible inform each other of their proposed significant
 revisions of their relevant laws, regulations, standards, and requirements, and of their systems for
 issuing certificates insofar as these revisions may have an impact on this Title. To the extent possible,
 they shall offer each other an opportunity to comment on such revisions and give due consideration
 to such comments.
 259
 ---pagebreak--- 3. For the purpose of investigating and resolving specific safety issues, each Party's competent
 authorities may allow the other Party’s competent authorities to participate as observers in each
 other’s oversight activities as specified in the applicable Annex to this Title.
 4. For the purpose of monitoring and inspections, each Party's competent authorities shall
 assist, if necessary, the other Party's competent authorities with the objective of providing
 unimpeded access to regulated entities subject to its oversight.
 5. To ensure the continued confidence by each Party in the reliability of the other Party’s
 processes for findings of compliance, each technical agent may participate as an observer in the
 other's oversight activities, in accordance with procedures set out in the Annexes to this Title. That
 participation shall not amount to a systematic participation in oversight activity of the other Party.
 Article AVSAF.9: Exchange of safety information
 The Parties shall, without prejudice to Article AVSAF.11 [Confidentiality and protection of data and
 information] and subject to their applicable legislation:
 (a) provide each other, on request and in a timely manner, with information available to their
 technical agents related to accidents, serious incidents or occurrences in relation to civil
 aeronautical products, services or activities covered by the Annexes to this Title; and
 (b) exchange other safety information as the technical agents may agree.
 Article AVSAF.10: Cooperation in enforcement activities
 The Parties shall, through their technical agents or competent authorities, provide when requested,
 subject to applicable laws and regulations, as well as to the availability of required resources, mutual
 cooperation and assistance in investigations or enforcement activities regarding any alleged or
 suspected violation of laws or regulations falling within the scope of this Title. In addition, each Party
 shall promptly notify the other Party of any investigation when mutual interests are involved.
 Article AVSAF.11: Confidentiality and protection of data and information
 1. Each Party shall, in accordance with its laws and regulations, maintain the confidentiality of
 data and information received from the other Party under this Title. Such data and information may
 only be used by the Party receiving the data and information for the purposes of this Title.
 2. In particular, subject to their respective laws and regulations, the Parties shall neither
 disclose to a third party, including the public, nor permit their competent authorities to disclose to a
 third party, including the public, any data and information received from the other Party under this
 Title that constitutes trade secrets, intellectual property, confidential commercial or financial
 information, proprietary data, or information that relates to an ongoing investigation. To that end,
 such data and information shall be considered to be confidential.
 3. A Party or a competent authority of a Party may, upon providing data or information to the
 other Party or a competent authority of the other Party, designate data or information that it
 considers to be confidential and not to be subject to disclosure. In that case, the Party or its
 competent authority shall clearly mark such data or information as confidential.
 260
 ---pagebreak--- 4. If a Party disagrees with the designation made by the other Party or a competent authority
 of that Party in accordance with paragraph 3, the former Party may request consultations with the
 other Party to address the issue.
 5. Each Party shall take all reasonable precautions necessary to protect data and information,
 received under this Title, from unauthorised disclosure.
 6. The Party receiving data and information from the other Party under this Title shall not
 acquire any proprietary rights on such data and information by reason of its receipt from the other
 Party.
 Article AVSAF.12: Adoption and amendments of Annexes to this Title
 The Specialised Committee on Aviation Safety may amend ANNEX AVSAF-1 [Airworthiness and
 Environment Certification] to this Title, adopt or amend Annexes as provided for in Article
 AVSAF.3(2) [Scope and implementation] and delete any Annex.
 Article AVSAF.13: Cost recovery
 Each Party shall endeavour to ensure that any fees or charges imposed by a Party or its technical
 agent on a legal or natural person whose activities are covered by this Title shall be just, reasonable
 and commensurate with the services provided, and shall not create a barrier to trade.
 Article AVSAF.14: Other agreements and prior arrangements
 1. Upon entry into force of this Agreement, this Title shall supersede any bilateral aviation
 safety agreements or arrangements between the United Kingdom and the Member States with
 respect to any matter covered by this Title that has been implemented in accordance with Article
 AVSAF.3 [Scope and implementation].
 2. The technical agents shall take necessary measures to revise or terminate, as appropriate,
 prior arrangements between them.
 3. Subject to paragraphs 1 and 2, nothing in this Title shall affect the rights and obligations of
 the Parties under any other international agreements.
 Article AVSAF.15: Suspension of reciprocal acceptance obligations
 1. A Party shall have the right to suspend, in whole or in part, its acceptance obligations under
 paragraph 1 of Article AVSAF.4 [General obligations], when the other Party materially violates its
 obligations under this Title.
 2. Before exercising its right to suspend its acceptance obligations, a Party shall request
 consultations for the purpose of seeking corrective measures of the other Party. During the
 consultations, the Parties shall, where appropriate, consider the effects of the suspension.
 3. Rights under this Article shall be exercised only if the other Party fails to take corrective
 measures within an appropriate period of time following the consultations. If a Party exercises a
 right under this Article, it shall notify the other Party of its intention to suspend the acceptance
 obligations in writing and detail the reasons for suspension.
 261
 ---pagebreak--- 4. Such suspension shall take effect 30 days after the date of the notification, unless, prior to
 the end of that period, the Party which initiated the suspension notifies the other Party in writing
 that it is withdrawing its notification.
 5. Such suspension shall not affect the validity of findings of compliance made and certificates
 issued by the competent authorities or approved organisations of the other Party prior to the date
 the suspension took effect. Any such suspension that has become effective may be rescinded
 immediately upon an exchange of diplomatic notes to that effect by the Parties.
 Article AVSAF.16: Termination of this Title
 Without prejudice to Article FINPROV.8 [Termination], Article OTH.10 [Termination of Part Two] and
 Article FISH.17 [Termination], each Party may at any moment terminate this Title, by written
 notification through diplomatic channels. In that event, this Title shall cease to be in force on the
 first day of the ninth month following the date of notification.
 262
 ---pagebreak--- HEADING THREE: ROAD TRANSPORT
 TITLE I: TRANSPORT OF GOODS BY ROAD
 Article ROAD.1: Objective
 1. The objective of this Title is to ensure, as regards the transport of goods by road, continued
 connectivity between, through and within the territories of the Parties and to lay down the rules
 which are applicable to such transport.
 2. The Parties agree not to take discriminatory measures when applying this Title.
 3. Nothing in this Title shall affect the transport of goods by road within the territory of one of
 the Parties by a road haulage operator established in that territory.
 Article ROAD.2: Scope
 1. This Title applies to the transport of goods by road with a commercial purpose between,
 through and within the territories of the Parties and is without prejudice to the application of the
 rules established by the European Conference of Ministers of Transport.
 2. Any transport of goods by road for which no direct or indirect remuneration is received and
 which does not directly or indirectly generate any income for the driver of the vehicle or for others,
 and which is not linked to professional activity shall be considered as the transport of goods for a
 non-commercial purpose.
 Article ROAD.3: Definitions
 For the purposes of this Title and in addition to the definitions set out in Article [SERVIN 1.2]
 [Definitions] of Chapter one of Title II of Heading one of Part Two [Services and Investment], the
 following definitions apply:
 (a) “vehicle” means a motor vehicle registered in the territory of a Party, or a coupled
 combination of vehicles of which the motor vehicle is registered in the territory of a Party, and
 which is used exclusively for the transport of goods;
 (b) “road haulage operator” means any natural or legal person engaged in the transport of goods
 with a commercial purpose, by means of a vehicle;
 (c) “road haulage operator of a Party” means a road haulage operator which is a legal person
 established in the territory of a Party or a natural person of a Party;
 (d) “party of establishment” means the Party in which a road haulage operator is established;
 (e) “driver” means any person who drives a vehicle even for a short period, or who is carried in a
 vehicle as part of his duties to be available for driving if necessary;
 (f) “transit” means the movement of vehicles across the territory of a Party without loading or
 unloading of goods;
 (g) “regulatory measures” means:
 (i) for the Union:
 263
 ---pagebreak--- (A) regulations and directives, as provided for in Article 288 of the Treaty on the
 Functioning of the European Union (TFEU); and
 (B) implementing and delegated acts, as provided for in Article 290 and 291
 TFEU, respectively; and
 (ii) for the United Kingdom:
 (A) primary legislation; and
 (B) secondary legislation.
 Article ROAD.4 Transport of goods between, through and within the territories of the Parties
 1. Provided that the conditions in paragraph 2 are fulfilled, road haulage operators of a Party
 may undertake:
 (a) laden journeys with a vehicle, from the territory of the Party of establishment to the territory
 of the other Party, and vice versa, with or without transit through the territory of a third
 country;
 (b) laden journeys with a vehicle from the territory of the Party of establishment to the territory
 of the same Party with transit through the territory of the other Party;
 (c) laden journeys with a vehicle to or from the territory of the Party of establishment with transit
 through the territory of the other Party;
 (d) unladen journeys with a vehicle in conjunction with the journeys referred to in points (a) to
 (c).
 2. Road haulage operators of a Party may only undertake a journey referred to in paragraph 1
 if:
 (a) they hold a valid licence issued in accordance with Article ROAD.5 [Requirements for
 operators], except in the cases referred to in Article ROAD.6 [Exemptions from licensing
 requirements]; and
 (b) the journey is carried out by drivers who hold a Certificate of Professional Competence in
 accordance with Article ROAD.7(1) [Requirements for drivers].
 3. Subject to paragraph 6, and provided that the conditions in paragraph 2 are fulfilled, road
 haulage operators of the United Kingdom may undertake up to two laden journeys from one
 Member State to another Member State, without returning to the territory of the United Kingdom,
 provided that such journeys follow a journey from the territory of the United Kingdom permitted
 under point (a) of paragraph 1.
 4. Without prejudice to paragraph 5, subject to paragraph 6 and provided that the conditions
 in paragraph 2 are fulfilled, road haulage operators of the United Kingdom may undertake one laden
 journey within the territory of a Member State provided that operation:
 (a) follows a journey from the territory of the United Kingdom permitted under point (a) of
 paragraph 1; and
 264
 ---pagebreak--- (b) is performed within seven days of the unloading in the territory of that Member State of
 goods carried on the journey referred to in point (a).
 5. Subject to paragraph 6 and provided that the conditions in paragraph 2 are fulfilled, road
 haulage operators of the United Kingdom established in Northern Ireland may undertake up to
 two laden journeys within the territory of Ireland provided that such operations:
 (a) follow a journey from the territory of the Northern Ireland permitted under point (a) of
 paragraph 1; and
 (b) are performed within seven days of the unloading in the territory of Ireland of goods carried
 on the journey referred to in point (a).
 6. Road haulage operators of the United Kingdom shall be limited to a maximum of two
 journeys within the territory of the Union under paragraphs 3, 4 and 5 before returning to the
 territory of the United Kingdom.
 7. Provided that the conditions in paragraph 2 are fulfilled, road haulage operators of the
 Union may undertake up to two laden journeys within the territory of the United Kingdom provided
 that such operations:
 (a) follow a journey from the territory of the Union permitted under point (a) of paragraph 1; and
 (b) are performed within seven days of the unloading in the territory of the United Kingdom of
 the goods carried on the journey referred to in point (a).
 Article ROAD.5: Requirements for operators
 1. Road haulage operators of a Party undertaking a journey referred to in Article ROAD.4
 [Transport of goods between, through and within the territories of the Parties] shall hold a valid
 licence issued in accordance with paragraph 2 of this Article.
 2. Licences shall only be issued, in accordance with the law of the Parties, to road haulage
 operators who comply with the requirements set out in Section 1 of Part A of Annex ROAD-1
 governing the admission to, and the pursuit of, the occupation of road haulage operator.
 3. A certified true copy of the licence shall be kept on board the vehicle and shall be presented
 at the request of any inspecting officers authorised by each Party. The licence and the certified true
 copies shall correspond to one or either of the models set out in Appendix ROAD.A.1.3 of Part A to
 Annex ROAD-1, which also lays down the conditions governing its use. The licence shall contain at
 least two of the security features listed in Appendix ROAD.A.1.4 to Part A of Annex ROAD-1.
 4. Road haulage operators shall comply with the requirements set out in Section 2 of Part A of
 Annex ROAD-1 laying down requirements for the posting of drivers when undertaking a journey
 referred to in Article ROAD.4(3)-(7) [Transport of goods between, through and within the territories
 of the Parties].
 265
 ---pagebreak--- Article ROAD.6: Exemptions from licencing requirement
 The following types of transport of goods and unladen journeys made in conjunction with such
 transport may be conducted without a valid licence as referred to in Article 5 [Requirements for
 operators]:
 (a) transport of mail as a universal service;
 (b) transport of vehicles which have suffered damage or breakdown;
 (c) until 20 February 2022, transport of goods in motor vehicles the permissible laden mass of
 which, including that of trailers, does not exceed 3.5 tonnes;
 (d) from 21 February 2022, transport of goods in motor vehicles the permissible laden mass of
 which, including that of trailers, does not exceed 2.5 tonnes;
 (e) transport of medicinal products, appliances, equipment and other articles required for
 medical care in emergency relief, in particular for natural disasters and humanitarian
 assistance;
 (f) transport of goods in vehicles provided that the following conditions are fulfilled:
 (i) the goods carried are the property of the road haulage operator or have been sold,
 bought, let out on hire or hired, produced, extracted, processed or repaired by the
 operator;
 (ii) the purpose of the journey is to carry the goods to or from the road haulage
 operator’s premises or to move them, either inside or outside the operator for its
 own requirements;
 (iii) the vehicles used for such transport are driven by personnel employed by, or put at
 the disposal of, the road haulage operator under a contractual obligation;
 (iv) the vehicles carrying the goods are owned by the road haulage operator, have been
 bought by it on deferred terms or have been hired; and
 (v) such transport is no more than ancillary to the overall activities of the road haulage
 operator;
 (g) transport of goods by means of motor vehicles with a maximum authorised speed not
 exceeding 40 km/h.
 Article ROAD.7: Requirements for drivers
 1 Drivers of the vehicles undertaking journeys as referred to in Article ROAD.4 [Transport of
 goods between, through and within the territories of the Parties] shall:
 (a) hold a Certificate of Professional Competence issued in accordance with Section 1 of Part B of
 Annex ROAD- 1; and
 266
 ---pagebreak--- (b) comply with the rules on driving and working time, rest periods, breaks and the use of
 tachographs in accordance with Sections 2 to 4 of Part B of Annex ROAD-1.
 2. The European Agreement concerning the Work of Crews of Vehicles Engaged in
 International Road Transport (AETR) done in Geneva on 1 July 1970 shall apply, instead of point (b)
 of paragraph 1, to international road transport operations undertaken in part outside the territory of
 the Parties, for the whole journey.
 Article ROAD.8: Requirements for vehicles
 1. A Party shall not reject or prohibit the use in its territory of a vehicle undertaking a journey
 referred to in Article ROAD.4 [Transport of goods between, through and within the territories of the
 Parties] if the vehicle complies with the requirements set out in Section 1 of Part C of Annex ROAD-1.
 2. Vehicles undertaking the journeys referred to in Article ROAD.4 [Transport of goods
 between, through and within the territories of the Parties] shall be equipped with a tachograph
 constructed, installed, used, tested and controlled in accordance with Section 2 of Part C of Annex
 ROAD-1.
 Article ROAD.9: Road traffic rules
 Drivers of vehicles undertaking the transport of goods under this Title shall, when in the territory of
 the other Party, comply with the national laws and regulations in force in that territory concerning
 road traffic.
 Article ROAD.10: Development of laws and Specialised Committee on Road Transport
 1. When a Party proposes a new regulatory measure in an area covered by Annex ROAD-1, it
 shall:
 (a) notify the other Party of the proposed regulatory measure as soon as possible; and
 (b) keep the other Party informed of progress of the regulatory measure.
 2. At the request of one of the Parties, an exchange of views shall take place within the
 Specialised Committee on Road Transport no later than two months after the submission of the
 request, as to whether the proposed new regulatory measure would apply to journeys referred to in
 Article ROAD.4 [Transport of goods between, through and within the territories of the Parties], or
 not.
 3. When a Party adopts a new regulatory measure referred to in paragraph 1, it shall notify the
 other Party, and supply the text of the new regulatory measure within one week of its publication.
 4. The Specialised Committee on Road Transport shall meet to discuss any new regulatory
 measure adopted, on request by either Party within two months of the submission of the request,
 whether or not a notification has taken place in accordance with paragraph 1 or 3, or a discussion
 has taken place in accordance with paragraph 2.
 5. The Specialised Committee on Road Transport may:
 (a) amend Annex ROAD-1 to take account of regulatory and/or technological developments, or to
 ensure the satisfactory implementation of this Title;
 267
 ---pagebreak--- (b) confirm that the amendments made by the new regulatory measure conform to Annex ROAD-
 1; or
 (c) decide on any other measure aimed at safeguarding the proper functioning of this Title.
 Article ROAD.11: Remedial measures
 1 If a Party considers that the other Party has adopted a new regulatory measure that does
 not comply with the requirements of Annex ROAD-1, in particular in cases where the Specialised
 Committee on Road Transport has not reached a decision under Article 10(5) [Development of laws
 and Specialised Committee on Road Transport], and the other Party nevertheless applies the
 provisions of the new regulatory measure to the Party’s road transport operators, drivers or
 vehicles, the Party may, after notifying the other Party, adopt appropriate remedial measures,
 including the suspension of obligations under this Agreement or any supplementing Agreement,
 provided that such measures:
 (a) do not exceed the level equivalent to the nullification or impairment caused by the new
 regulatory measure adopted by the other Party that does not comply with the requirements
 of Annex ROAD-1; and
 (b) take effect at the earliest 7 days after the Party which intends to take such measures has given
 the other Party notice under this paragraph.
 2. The appropriate remedial measures shall cease to apply:
 (a) when the Party having taken such measures is satisfied that the other Party is complying with
 its obligations under this Title; or
 (b) in compliance with a ruling of the arbitration tribunal.
 3. A Party shall not invoke the WTO Agreement or any other international agreement to
 preclude the other Party from suspending obligations under this Article.
 Article ROAD.12: Taxation
 1. Vehicles used for the carriage of goods in accordance with this Title shall be exempt from
 the taxes and charges levied on the possession or circulation of vehicles in the territory of the other
 Party.
 2. The exemption referred to in paragraph 1 shall not apply to:
 (a) a tax or charge on fuel consumption;
 (b) a charge for using a road or network of roads; or
 (c) a charge for using particular bridges, tunnels or ferries.
 3. The fuel contained in the standard tanks of the vehicles and of special containers, admitted
 temporarily, which is used directly for the purpose of propulsion and, where appropriate, for the
 operation, during transport, of refrigeration systems and other systems, as well as lubricants present
 in the motor vehicles and required for their normal operation during the journey, shall be free of
 268
 ---pagebreak--- custom duties and any other taxes and levies, such as VAT and excise duties, and shall not be subject
 to any import restrictions.
 4. The spare parts imported for repairing a vehicle on the territory of one Party that has been
 registered or put into circulation in the other Party, shall be admitted under cover of a temporary
 duty-free admission and without prohibition or restriction of importation. The replaced parts are
 subject to customs duties and other taxes (VAT) and shall be re-exported or destroyed under the
 control of the customs authorities of the other Party.
 Article ROAD.13: Obligations in other Titles
 Articles SERVIN 3.2 [Market access] and SERVIN 3.4 [National treatment] of Chapter three of Title II
 of Heading one of Part two are incorporated into and made part of this Title and apply to the
 treatment of road haulage operators undertaking journeys in accordance with Article ROAD.4
 [Transport of goods between, through and within the territories of the Parties].
 Article ROAD.14: Termination of this Title
 5. Without prejudice to Article FINPROV.8 [Termination], Article OTH.10 [Termination of Part
 Two] and Article FISH.17 [Termination], each Party may at any moment terminate this Title, by
 written notification through diplomatic channels. In that event, this Title shall cease to be in force on
 the first day of the ninth month following the date of notification.
 TITLE II: TRANSPORT OF PASSENGERS BY ROAD
 Article X: Scope
 1. The objective of this Title is to ensure, as regards the transport of passengers by road,
 continued connectivity between, through and within the territories of the Parties and to lay down
 the rules which are applicable to such transport. It applies to the occasional, regular and special
 regular transport of passengers by coach and bus between, through and within the territories of the
 Parties.
 2. The Parties agree not to take discriminatory measures when applying this Title.
 3. Nothing in this Title shall affect the transport of passengers within the territory of one of the
 Parties by a road passenger transport operator established in that territory.
 Article X+1 :Definitions
 For the purposes of this Title and in addition to the definitions set out in Article SERVIN 1.2
 [Definitions] of Chapter one of Title II of Heading one of Part Two [Services and Investment], the
 following definitions apply:
 (a) “coaches and buses” are vehicles which, by virtue of their construction and their equipment,
 are suitable for carrying more than nine persons, including the driver, and are intended for
 that purpose;
 (b) “passenger transport services” means transport services by road for the public or for specific
 categories of users, supplied in return for payment by the person transported or by the
 transport organiser, by means of coaches and buses;
 269
 ---pagebreak--- (c) “road passenger transport operator” means any natural person or any legal person, whether
 having its own legal personality or being dependent upon an authority having such a
 personality, which supplies passenger transport services;
 (d) “road passenger transport operator of a Party” means a road passenger transport operator
 which is established in the territory of a Party or a natural person of a Party;
 (e) “regular services” means passenger transport services supplied at specified frequency along
 specified routes, whereby passengers may be picked up and set down at predetermined
 stopping points;
 (f) “special regular services” means services by whomsoever organised, which provide for the
 transport of specified categories of passengers to the exclusion of other passengers, in so far
 as such services are operated under the conditions specified for regular services. Special
 regular services shall include:
 (i) the transport of workers between home and work, and
 (ii) the transport of school pupils and students to and from the educational institution.
 The fact that a special regular service may be varied according to the needs of users shall not affect
 its classification as a regular service;
 (g) ‘’group” means any of the following:
 (i) one or more associated natural or legal persons and their parent natural or legal
 person or persons;
 (ii) one or more associated natural person or legal persons which have the same parent
 natural or legal person or persons;
 (h) “Interbus Agreement” means the Agreement on the international occasional carriage of
 passengers by coach and bus, as subsequently amended, which entered into force on 1
 January 2003;
 (i) “transit” means the movement of coaches and buses across the territory of a Party without
 picking up or setting down of passengers;
 (j) “occasional services” means services which are not regular services or special regular services,
 and which are characterised above all by the fact that they carry groups of passengers
 assembled at the initiative of the customer or the road passenger transport operator.
 Article X+2: Passenger transport by coach and bus between, through and within the territories of the
 Parties
 1. Road passenger transport operators of a Party may, when operating regular and special
 regular services, undertake laden journeys from the territory of a Party to the territory of the other
 Party, with or without transit through the territory of a third country, and unladen journeys related
 to such journeys.
 270
 ---pagebreak--- 2. Road passenger transport operators of a Party may, when operating regular and special
 regular services, undertake laden journeys from the territory of the Party, in which the road
 passenger transport operator is established, to the territory of the same Party with transit through
 the territory of the other Party, and unladen journeys related to such journeys.
 3. A road passenger transport operator of a Party may not operate regular or special regular
 services with both origin and destination in the territory of the other Party.
 4. Where the passenger transport service referred to in paragraph 1 is part of a service to or
 from the territory of the Party where the road passenger transport operator is established,
 passengers may be picked up or set down in the territory of the other Party en route, provided the
 stop is authorised in accordance with the rules applicable in that territory.
 5. Where the passenger transport service referred to in this Article is part of an international
 regular or special regular service between Ireland and the United Kingdom in respect of Northern
 Ireland, passengers may be picked up and set down in one Party by a road passenger transport
 operator established in the other Party.
 6. Road passenger transport operators established in the territory of one Party may, on a
 temporary basis, operate occasional services on the island of Ireland which pick up and set down
 passengers on the territory of the other Party.
 7. Road passenger transport operators may, when operating occasional services, undertake a
 laden journey from the territory of a Party through the territory of the other Party to the territory of
 a non-Contracting Party to the Interbus Agreement, including a related unladen journey.
 8. The passenger transport services referred to in this Article shall be performed using coaches
 and buses registered in the Party where the road passenger transport operator is established or
 resides. Those coaches and buses shall comply with the technical standards laid down in Annex 2 to
 the Interbus Agreement.
 Article X+3: Conditions for the provision of services referred to in Article X+2
 1. Regular services shall be open to all road passenger transport operators of a Party, subject
 to compulsory reservation, where appropriate.
 2. Regular and special regular services shall be subject to authorisation in accordance with
 Article X+4, and paragraph 6.
 3. The regular nature of the service shall not be affected by any adjustment to the service
 operating conditions.
 4. The organisation of parallel or temporary services serving the same public as existing regular
 services, the non-serving of certain stops and the serving of additional stops on existing regular
 services shall be governed by the same rules as those applicable to existing regular services.
 5. Sections V (Social provisions) and VI (Custom and fiscal provisions) of the Interbus
 Agreement as well as Annexes I (Conditions applying to road passenger transport operators) and II
 (Technical standards applying to buses and coaches) thereto shall apply.
 271
 ---pagebreak--- 6. For a period of six months from the date of entry into force of this Agreement, special
 regular services shall not be subject to authorisation where they are covered by a contract
 concluded between the organiser and the road passenger transport operator.
 7. Occasional services covered by this Title in accordance with Article X+(2) shall not require
 authorisation. However, the organisation of parallel or temporary services comparable to existing
 regular services and serving the same public as the latter shall be subject to authorisation in
 accordance with Section VIII of the Interbus Agreement.
 Article X+4: Authorisation
 1. Authorisations for services referred to in Article X+2 shall be issued by the competent
 authority of the Party in whose territory the road passenger transport operator is established (the
 "authorising authority").
 2. If a road passenger transport operator is established in the Union, the authorising authority
 shall be the competent authority of the Member State of origin or destination.
 3. In the case of a group of road passenger transport operators intending to operate a service
 referred to in Article X+2, the authorising authority shall be the competent authority to which the
 application is addressed in accordance with the second part of Article X+5(1).
 4. Authorisations shall be issued in the name of the road passenger transport operator and
 shall be non-transferable. However, a road passenger transport operator of a Party who has received
 an authorisation may, with the consent of the authorising authority, operate the service through a
 subcontractor, if such a possibility is in line with the law of the Party. In this case, the name of the
 subcontractor and its role shall be indicated in the authorisation. The subcontractor shall be a road
 passenger transport operator of a Party and shall comply with all the provisions of this Title.
 In the case of a group of road passenger transport operators that intend to operate services referred
 to in Article X+2, the authorisation shall be issued in the names of all the road passenger transport
 operators of the group and shall state the names of all those operators. It shall be given to the road
 passenger transport operators entrusted by the other road passenger transport operators of a Party
 for these purposes and which has requested it, and certified true copies shall be given to the other
 road passenger transport operators.
 5. Without prejudice to Article X+6(3), the period of validity of an authorisation shall not
 exceed five years. It may be set for a shorter period either at the request of the applicant or by
 mutual consent of the competent authorities of the Parties on whose territories passengers are
 picked up or set down.
 6. Authorisations shall specify the following:
 (a) the type of service;
 (b) the route of the service, giving in particular the point of departure and the point of arrival;
 (c) the period of validity of the authorisation; and
 (d) the stops and the timetable.
 7. Authorisations shall conform to the model set out in Annex ROAD-2.
 272
 ---pagebreak--- 8. The road passenger transport operator of a Party carrying out a service referred to in Article
 X+2 may use additional vehicles to deal with temporary and exceptional situations. Such additional
 vehicles may be used only under the same conditions as set out in the authorisation referred to in
 paragraph 6.
 In this case, in addition to the documents referred to in Article X+10(1) and (2), the road passenger
 transport operator shall ensure that a copy of the contract between the road passenger transport
 operator carrying out the regular or special regular service and the undertaking providing the
 additional vehicles or an equivalent document is carried in the vehicle and presented at the request
 of any authorised inspecting officer.
 Article X+5: Submission of application for authorisation
 1. Applications for authorisation shall be submitted by the road passenger transport operator
 of a Party to the authorising authority referred to in Article X+4(1).
 For each service, only one application shall be submitted. In the cases referred to in Article X+4(3), it
 shall be submitted by the operator entrusted by the other operators for these purposes. The
 application shall be addressed to the authorising authority of the Party in which the road passenger
 transport operator submitting it is established.
 2. Applications for authorisation shall be submitted on the basis of the model set out in Annex
 ROAD-3.
 3. The road passenger transport operator applying for authorisation shall provide any further
 information which it considers relevant or which is requested by the authorising authority, in
 particular, the documents listed in Annex ROAD-3.
 Article X+6: Authorisation procedure
 1. Authorisations shall be issued in agreement with the competent authorities in the Parties in
 whose territory passengers are picked up or set down. The authorising authority shall forward to
 such competent authorities, as well as to the competent authorities whose territories are crossed
 without passengers being picked up or set down, a copy of the application, together with copies of
 any other relevant documentation, and its assessment.
 In respect of the Union, the competent authorities referred to in the first part of this paragraph shall
 be those of the Member States in whose territories passengers are picked up or set down and whose
 territories are crossed without passengers being picked up or set down.
 2. The competent authorities whose agreement has been requested shall notify the authorising
 authority of their decision regarding the application within four months. This time limit shall be
 calculated from the date of receipt of the request for agreement which is shown in the
 acknowledgement of receipt. If the decision received from the competent authorities whose
 agreement has been requested is negative, it shall contain a proper statement of reasons. If the
 authorising authority does not receive a reply within four months, the competent authorities
 consulted shall be deemed to have given their agreement and the authorising authority may grant
 the authorisation.
 The competent authorities whose territory is crossed without passengers being picked up or set
 down may notify the authorising authority of their comments within four months.
 273
 ---pagebreak--- 3. In respect of services that had been authorised under Regulation (EC) No 1073/2009 of the
 European Parliament and Council70 before the end of the transition period and in respect of which
 the authorisation lapses at the end of the transition period, the following shall apply:
 (a) where, subject to the changes necessary to comply with Article X+2, the operating conditions
 are the same as those having been set in the authorisation granted under Regulation (EC) No
 1073/2009, the relevant authorising authority under this Title may, on application or
 otherwise, issue the road transport operator with a corresponding authorisation granted
 under this Title. Where such an authorisation is issued, the agreement of the competent
 authorities in whose territories passengers are picked up or set down, as referred to in
 paragraph 2, shall be deemed to be provided. Those competent authorities and the
 competent authorities whose territory is crossed without passengers being picked up or set
 down may, at any time, notify the authorising authority of any comments they may have;
 (b) where point (a) is applied, the validity period of the corresponding authorisation granted
 under this Title shall not extend beyond the last day of the validity period specified in the
 authorisation previously granted under Regulation (EC) No 1073/2009.
 4. The authorising authority shall take a decision on the application no later than six months
 from the date of submission of the application by the road passenger transport operator.
 5. Authorisation shall be granted unless:
 (a) the applicant is unable to provide the service which is the subject of the application with
 equipment directly available to the applicant;
 (b) the applicant has not complied with national or international legislation on road transport,
 and in particular the conditions and requirements relating to authorisations for international
 road passenger services, or has committed serious infringements of a Party's road transport
 legislation in particular with regard to the rules applicable to vehicles and driving and rest
 periods for drivers;
 (c) in the case of an application for renewal of authorisation, the conditions of authorisation have
 not been complied with;
 (d) a Party decides on the basis of a detailed analysis that the service concerned would seriously
 affect the viability of a comparable service covered by one or more public service contracts
 conforming to the Party's law on the direct sections concerned. In such a case, the Party shall
 set up criteria, on a non-discriminatory basis, for determining whether the service applied for
 would seriously affect the viability of the abovementioned comparable service and shall
 communicate them to the other Party referred to in paragraph 1; or
 (e) a Party decides on the basis of a detailed analysis that the principal purpose of the service is
 not to carry passengers between stops located in the territories of the Parties.
 70
 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 (recast) (OJ EU L 300, 14.11.2009, p. 88).
 274
 ---pagebreak--- In the event that an existing service seriously affects the viability of a comparable service
 covered by one or more public service contracts which conform to a Party's law on the direct
 sections concerned, due to exceptional reasons which could not have been foreseen at the
 time of granting the authorisation, a Party may, with the agreement of the other Party,
 suspend or withdraw the authorisation to run the international coach and bus service after
 having given six months' notice to the road passenger transport operator .
 The fact that a road passenger transport operator of a Party offers lower prices than those
 offered by other road passenger transport operators or the fact that the link in question is
 already operated by other road passenger transport operators shall not in itself constitute
 justification for rejecting the application.
 6. Having completed the procedure laid down in paragraphs 1 to 5, the authorising authority
 shall grant the authorisation or formally refuse the application.
 Decisions rejecting an application shall state the reasons on which they are based. The Parties shall
 ensure that transport undertakings are given the opportunity to make representations in the event
 of their application being rejected.
 The authorising authority shall inform the competent authorities of the other Party of its decision
 and shall send them a copy of any authorisation.
 Article X+7: Renewal and alteration of authorisation
 1. Article X+6 shall apply, mutatis mutandis, to applications for the renewal of authorisations or
 for alteration of the conditions under which the services subject to authorisation must be carried
 out.
 2. Where the existing authorisation expires within six months from the date of entry into force
 of this Agreement, the period of time in which the competent authorities referred to in Article
 X+6(2) shall notify the authorising authority of their agreement to, or comments on, the application
 in accordance with that Article, is two months.
 3. In the event of a minor alteration to the operating conditions, in particular the adjustment of
 intervals, fares and timetables, the authorising authority needs only supply the competent
 authorities of the other Party with information relating to the alteration. Changing the timetables or
 intervals in a manner that affects the timing of controls at the borders between the Parties or at
 third country borders shall not be considered a minor alteration.
 Article X+8: Lapse of an authorisation
 1. Without prejudice to Article X+6(3), an authorisation for a service referred to in Article X+2
 shall lapse at the end of its period of validity or three months after the authorising authority has
 received notice from its holder of his or her intention to withdraw the service. Such notice shall
 contain a proper statement of reasons.
 2. Where demand for a service has ceased to exist, the period of notice provided for in
 paragraph 1 shall be one month.
 3. The authorising authority shall inform the competent authorities of the other Party
 concerned that the authorisation has lapsed.
 275
 ---pagebreak--- 4. The holder of the authorisation shall notify users of the service concerned of its withdrawal
 one month in advance by means of appropriate publicity.
 Article X+9: Obligations of transport operators
 1. Save in the event of force majeure, the road passenger transport operator of a Party carrying
 out a service referred to in Article X+2 shall launch the service without delay and, until the
 authorisation expires, take all measures to guarantee a transport service that fulfils the standards of
 continuity, regularity and capacity and complies with the conditions specified in accordance with
 Article X+4(6) and Annex ROAD-2.
 2. The road passenger transport operator of a Party shall display the route of the service, the
 bus stops, the timetable, the fares and the conditions of carriage in such a way as to ensure that
 such information is readily available to all users.
 3. It shall be possible for the Parties to make changes to the operating conditions governing a
 service referred to in Article X+2 by common agreement and in agreement with the holder of the
 authorisation.
 Article X+10: Documents to be kept on the coach or bus
 1. Without prejudice to Article X+4(8), the authorisation or a certified true copy thereof to
 carry out services referred to in Article X+2 and the operator's licence of the road passenger
 transport operator or a certified true copy thereof for the international carriage of passengers by
 road provided for according to national or Union law shall be kept on the coach or bus and shall be
 presented at the request of any authorised inspecting officer.
 2. Without prejudice to paragraph 1 as well as to Article X+4(8), in the case of a special regular
 service, the contract between the organiser and the road passenger transport operator or a copy
 thereof as well as a document evidencing that the passengers constitute a specific category to the
 exclusion of other passengers for the purposes of a special regular service shall also serve as control
 documents, shall be kept in the vehicle and shall be presented at the request of any authorised
 inspecting officer.
 3. Road passenger transport operators carrying out occasional services under Article X+2(6)
 and (7) shall carry a completed journey form, using the model in Annex ROAD-4. Books of journey
 forms shall be supplied by the competent authority of the territory in which the operator is
 registered, or by bodies appointed by the competent authority.
 Article X+11: Road traffic rules
 Drivers of coaches and buses undertaking the transport of passengers under this Title shall, when in
 the territory of the other Party, comply with the national laws and regulations in force in that
 territory concerning road traffic.
 Article X+12: Application
 The provisions of the present Title shall cease to apply as of the date the Protocol to the Interbus
 Agreement regarding the international regular and special carriage of passengers by coach and bus
 enters into force for the UK, or six months following the entry into force of that Protocol for the
 Union, whichever is the earliest, except for the purpose of the operations under Article X+2(2);
 Article X+2(5); Article X+2(6) and Article X+2(7).
 276
 ---pagebreak--- Article X+13: Obligations in other Titles
 Articles SERVIN 3.2 [Market access] and SERVIN 3.4 [National treatment] of Chapter three of Title II
 of Heading one of Part two are incorporated into and made part of this Title and apply to the
 treatment of transport operators undertaking journeys in accordance with Article X+2 of this Title.
 Article X+14: Specialised Committee
 The Specialised Committee on Road Transport may amend Annexes ROAD-2, ROAD-3 and ROAD-4 to
 take into account regulatory developments. It may adopt measures regarding the implementation of
 this Title.
 277
 ---pagebreak--- HEADING FOUR: SOCIAL SECURITY COORDINATION AND VISAS FOR SHORT-TERM VISITS
 TITLE I: SOCIAL SECURITY COORDINATION
 Ch.SSC.1: Overview
 Member States and the United Kingdom shall coordinate their social security systems in accordance
 with the Protocol on Social Security Coordination, in order to secure the social security entitlements
 of the persons covered therein.
 Ch.SSC.2: Legally residing
 1. The Protocol on Social Security Coordination shall apply to persons legally residing in a
 Member State or the United Kingdom.
 2. Paragraph 1 of this Article shall not affect entitlements to cash benefits which relate to
 previous periods of legal residence of persons covered by Article SSC.2 [Persons covered] of the
 Protocol on Social Security Coordination.
 Ch.SSC.3: Cross border situations
 1. The Protocol on Social Security Coordination shall only apply to situations arising between
 one or more Member States of the Union and the United Kingdom.
 2. The Protocol on Social Security Coordination shall not apply to persons whose situations are
 confined in all respects either to the United Kingdom, or to the Member States.
 Ch.SSC.4: Immigration applications
 The Protocol on Social Security Coordination shall apply without prejudice to the right of a Member
 State or the United Kingdom to charge a health fee under national legislation in connection with an
 application for a permit to enter, to stay, to work, or to reside in that State.
 TITLE II: VISAS FOR SHORT-TERM VISITS
 Article VSTV.1: Visas for short-term visits
 1. The Parties note that on the date of entry into force of this Agreement both Parties provide
 for visa-free travel for short-term visits in respect of their nationals in accordance with their
 domestic law. Each Party shall notify the other of any intention to impose a visa requirement for
 short-term visits by nationals of the other Party in good time and, if possible, at least three months
 before such a requirement takes effect.
 2. Subject to paragraph 3 and to Article FINPROV.10 [future accessions to the Union], in the
 event that the United Kingdom decides to impose a visa requirement for short-term visits on
 nationals of a Member State, that requirement shall apply to the nationals of all Member States.
 3. This Article is without prejudice to any arrangements made between the United Kingdom
 and Ireland concerning the Common Travel Area.
 278
 ---pagebreak--- HEADING FIVE: FISHERIES
 Chapter one: Initial provisions
 Article FISH.1: Sovereign rights of coastal States exercised by the Parties
 The Parties affirm that sovereign rights of coastal States exercised by the Parties for the purpose of
 exploring, exploiting, conserving and managing the living resources in their waters should be
 conducted pursuant to and in accordance with the principles of international law, including the
 United Nations Convention on the Law of the Sea of 10 December 1982.
 Article FISH.2: Objectives and principles
 1. The Parties shall cooperate with a view to ensuring that fishing activities for shared stocks in
 their waters are environmentally sustainable in the long term and contribute to achieving economic
 and social benefits, while fully respecting the rights and obligations of independent coastal States as
 exercised by the Parties.
 2. The Parties share the objective of exploiting shared stocks at rates intended to maintain and
 progressively restore populations of harvested species above biomass levels that can produce the
 maximum sustainable yield.
 3. The Parties shall have regard to the following principles:
 (a) applying the precautionary approach to fisheries management;
 (b) promoting the long-term sustainability (environmental, social and economic) and optimum
 utilisation of shared stocks;
 (c) basing conservation and management decisions for fisheries on the best available scientific
 advice, principally that provided by the International Council for the Exploration of the Sea
 (ICES);
 (d) ensuring selectivity in fisheries to protect juvenile fish and spawning aggregations of fish, and
 to avoid and reduce unwanted bycatch;
 (e) taking due account of and minimising harmful impacts of fishing on the marine ecosystem and
 taking due account of the need to preserve marine biological diversity;
 (f) applying proportionate and non-discriminatory measures for the conservation of marine living
 resources and the management of fisheries resources, while preserving the regulatory
 autonomy of the Parties;
 (g) ensuring the collection and timely sharing of complete and accurate data relevant for the
 conservation of shared stocks and for the management of fisheries;
 (h) ensuring compliance with fisheries conservation and management measures, and combating
 illegal, unreported and unregulated fishing; and
 (i) ensuring the timely implementation of any agreed measures into the Parties’ regulatory
 frameworks.
 279
 ---pagebreak--- Article FISH.3: Definitions
 1. For the purposes of this Heading the following definitions apply:
 (a) “EEZ” (of a Party) means, in accordance with the United Nations Convention on the Law of the
 Sea of 10 December 1982:
 (i) in the case of the Union, the exclusive economic zones established by its Member
 States adjacent to their European territories;
 (ii) the exclusive economic zone established by the United Kingdom;
 (b) “precautionary approach to fisheries management” means an approach according to which
 the absence of adequate scientific information does not justify postponing or failing to take
 management measures to conserve target species, associated or dependent species and non-
 target species and their environment;
 (c) “shared stocks” means fish, including shellfish of any kind that are found in the waters of the
 Parties, which includes molluscs and crustaceans;
 (d) “TAC” means the total allowable catch, which is the maximum quantity of a stock (or stocks)
 of a particular description that may be caught over a given period;
 (e) “non-quota stocks” means stocks which are not managed through TACs;
 (f) “territorial sea” (of a Party) means, in accordance with the United Nations Convention on the
 Law of the Sea of 10 December 1982:
 (i) in the case of the Union, by derogation from Article FINPROV.1(1) [Territorial scope],
 the territorial sea established by its Member States adjacent to their European
 territories;
 (ii) the territorial sea established by the United Kingdom;
 (g) “waters” (of a Party) means:
 (i) in respect of the Union, by derogation from Article FINPROV.1(1)[Territorial scope],
 the EEZs of the Member States and their territorial seas;
 (ii) in respect of the United Kingdom, its EEZ and its territorial sea, excluding for the
 purposes of Articles FISH.8 [Access to waters], FISH.9 [Compensatory measures in case
 of withdrawal or reduction of access] and Annex FISH.4 [Protocol on access to waters]
 the territorial sea adjacent to the Bailiwick of Guernsey, the Bailiwick of Jersey and the
 Isle of Man;
 (h) “vessel” (of a Party) means:
 (i) in the case of the United Kingdom, a fishing vessel flying the flag of the United
 Kingdom, registered in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of
 Jersey or the Isle of Man, and licensed by a UK fisheries administration;
 280
 ---pagebreak--- (ii) in the case of the Union, a fishing vessel flying the flag of a Member State and is
 registered in the Union.
 Chapter two: Conservation and sustainable exploitation
 Article FISH.4: Fisheries management
 1. Each Party shall decide on any measures applicable to its waters in pursuit of the objectives
 set out in Article FISH.2(1) and (2)[Objectives and principles], and having regard to the principles
 referred to in Article FISH.2(3) [Objectives and principles].
 2. A Party shall base the measures referred to in paragraph 1 on the best available scientific
 advice.
 A Party shall not apply the measures referred to in paragraph 1 to the vessels of the other Party in its
 waters unless it also applies the same measures to its own vessels.
 The second subparagraph is without prejudice to obligations of the Parties under the Port State
 Measures Agreement, the North East Atlantic Fisheries Commission Scheme of Control and
 Enforcement, the Northwest Atlantic Fisheries Organisation Conservation and Enforcement
 Measures, and the Recommendation 18-09 by International Commission for the Conservation of
 Atlantic Tunas on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and
 Unregulated Fishing.
 The Specialised Committee on Fisheries may amend the list of pre-existing international obligations
 referred to in the third subparagraph.
 3. Each Party shall notify the other Party of new measures as referred to in paragraph 1 that
 are likely to affect the vessels of the other Party before those measures are applied, allowing
 sufficient time for the other Party to provide comments or seek clarification.
 Article FISH.5: Authorisations, compliance and enforcement
 1. Where vessels have access to fish in the waters of the other Party pursuant to Article FISH.8
 [Access to waters] and Article FISH.10 [Access to waters of the Bailiwick of Guernsey, the Bailiwick of
 Jersey and the Isle of Man]:
 (a) each Party shall communicate in sufficient time to the other Party a list of vessels for which it
 seeks to obtain authorisations or licences to fish; and
 (b) the other Party shall issue authorisations or licences to fish.
 2. Each Party shall take all necessary measures to ensure compliance by its vessels with the
 rules applicable to those vessels in the other Party’s waters, including authorisation or licence
 conditions.
 Chapter three: Arrangements on access to waters and resources
 Article FISH.6: Fishing opportunities
 1. By 31 January of each year, the Parties shall cooperate to set the schedule for consultations
 with the aim of agreeing TACs for the stocks listed in Annex FISH.1 for the following year or years.
 281
 ---pagebreak--- That schedule shall take into account other annual consultations among coastal States that affect
 either or both of the Parties.
 2. The Parties shall hold consultations annually to agree, by 10 December of each year, the
 TACs for the following year for the stocks listed in Annex FISH.1. This shall include an early exchange
 of views on priorities as soon as advice on the level of the TACs is received. The Parties shall agree
 those TACs:
 (a) on the basis of the best available scientific advice, as well as other relevant factors, including
 socio-economic aspects; and
 (b) in compliance with any applicable multi-year strategies for conservation and management
 agreed by the Parties.
 3. The Parties’ shares of the TACs for the stocks listed in Annex FISH.1 shall be allocated
 between the Parties in accordance with the quota shares set out in that Annex.
 4. Annual consultations may also cover, inter alia:
 (a) transfers of parts of one Party’s shares of TACs to the other Party;
 (b) a list of stocks for which fishing is prohibited;
 (c) the determination of the TAC for any stock which is not listed in Annex FISH.1 or Annex FISH.2
 and the Parties’ respective shares of those stocks;
 (d) measures for fisheries management, including, where appropriate, fishing effort limits;
 (e) stocks of mutual interest to the Parties other than those listed in the Annexes to this Heading.
 5. The Parties may hold consultations with the aim of agreeing amended TACs if either Party so
 requests.
 6. A written record documenting the arrangements made between the Parties as a result of
 consultations under this Article shall be produced and signed by the heads of delegation of the
 Parties.
 7. Each Party shall give sufficient notice to the other Party before setting or amending TACs for
 the stocks listed in Annex FISH.3.
 8. The Parties agree to set up a mechanism for voluntary in-year transfers of fishing
 opportunities between the Parties, to take place each year. The Specialised Committee on Fisheries
 shall decide on the details of this mechanism. The Parties shall consider making transfers of fishing
 opportunities for stocks which are, or are projected to be, underfished available at market value
 through this mechanism.
 Article FISH.7: Provisional TACs
 1. If the Parties have not agreed a TAC for a stock listed in Annex FISH.1 or Annex FISH.2A or B
 by 10 December, they shall immediately resume consultations with the continued aim of agreeing
 the TAC. The Parties shall engage frequently with a view to exploring all possible options for reaching
 agreement in the shortest possible time.
 282
 ---pagebreak--- 2. If a stock listed in Annex FISH.1 or Annex FISH.2A and B remains without an agreed TAC on
 20 December, each Party shall set a provisional TAC corresponding to the level advised by ICES,
 applying from 1 January.
 3. By derogation from paragraph 2, the TACs for special stocks shall be set in accordance with
 guidelines adopted under paragraph 5.
 4. For the purposes of this article, “special stocks” means:
 (a) stocks where the ICES advice is for a zero TAC;
 (b) stocks caught in a mixed fishery, if that stock or another stock in the same fishery is
 vulnerable; or
 (c) other stocks which the Parties consider require special treatment.
 5. The Specialised Committee on Fisheries shall adopt guidelines by 1 July 2021 for the setting
 of provisional TACs for special stocks.
 6. Each year when advice is received from ICES on TACs, the Parties shall discuss, as a priority,
 the special stocks and the application of any guidelines set under paragraph 5 to the setting of
 provisional TACs by each Party.
 7. Each Party shall set its share for each of the provisional TACs, which shall not exceed its
 share as set out in the corresponding Annex.
 8. The provisional TACs and shares referred to in paragraphs 2, 3 and 7 shall apply until
 agreement is reached under paragraph 1.
 9. Each Party shall, immediately, notify the other Party of its provisional TACs under paragraphs
 2 and 3 and its provisional share of each of those TACs under paragraph 7.
 Article FISH.8: Access to waters
 1. Provided that TACs have been agreed each Party shall grant vessels of the other Party access
 to fish in its waters in the relevant ICES sub-areas that year. Access shall be granted at a level and on
 conditions determined in those annual consultations.
 2. The Parties may agree, in annual consultations, further specific access conditions in relation
 to:
 (a) the fishing opportunities agreed;
 (b) any multi-year strategies for non-quota stocks developed under point (c) of Article FISH.16(1)
 [Specialised Committee on Fisheries]; and
 (c) any technical and conservation measures agreed by the Parties, without prejudice to Article
 FISH.4 [Fisheries management].
 283
 ---pagebreak--- 3. The Parties shall conduct the annual consultations, including on the level and conditions of
 access referred to in paragraph 1 of this Article, in good faith and with the objective of ensuring a
 mutually satisfactory balance between the interests of both Parties.
 4. In particular, the outcome of the consultations should normally result in each Party granting:
 (a) access to fish the stocks listed in Annex FISH.1 and Annex FISH.2.A, B and F in each other’s EEZ
 (or if access is granted under point (c), in EEZs and in the divisions mentioned in that point) at
 a level that is reasonably commensurate with the Parties’ respective shares of the TACs;
 (b) access to fish non-quota stocks in each other’s EEZ (or if access is granted under point (c), in
 EEZs and in the divisions mentioned in that point), at a level that at least equates to the
 average tonnage fished by that Party in the waters of the other Party during the period 2012-
 2016; and
 (c) access to the waters of the Parties between six and twelve nautical miles from the baseline in
 ICES divisions 4c and 7d-g for qualifying vessels to the extent that Union fishing vessels and
 United Kingdom fishing vessels had access to those waters on 31 December 2020.
 For the purposes of point (c), ‘qualifying vessel’ means a vessel of a Party which fished in the
 zone mentioned in the previous sentence in four of the years between 2012 and 2016, or its
 direct replacement.
 Annual consultations referred to in point (c) may include appropriate financial commitments and
 quota transfers between the Parties.
 5. During the application of a provisional TAC, and pending an agreed TAC, the Parties shall
 grant provisional access to fish in the relevant ICES sub-areas as follows
 (a) for stocks listed in Annex FISH.1 and non-quota stocks, from 1 January until 31 March at the
 levels provided for in paragraph 4(a) and (b);
 (b) for stocks listed in Annex FISH.2 from 1 January until 14 February at the levels provided for in
 paragraph 4(a); and
 (c) in relation to access to fish in the six to twelve nautical miles zone, access in accordance with
 paragraph 4(c) from 1 January to 31 January at a level equivalent to the average monthly
 tonnage fished in that zone in the previous 3 months.
 Such access, for each of the relevant stocks in points (a) and (b), shall be in proportion to the
 average percentage of a Party’s share of the annual TAC which that Party’s vessels fished in the
 other Party’s waters in the relevant ICES sub-areas during the same period of the previous three
 calendar years. The same shall apply, mutatis mutandis, to access to fish non-quota stocks.
 By 15 January in relation to the situation in point (c) of this paragraph, by 31 January in respect of
 the stocks listed in Annex FISH.2, and by 15 March in respect of all other stocks, each Party shall
 notify the other Party of the change in the level and conditions of access to waters that will apply as
 of 1 February in relation to the situation in point (c), as of 15 February in respect of the stocks listed
 in Annex FISH.2, and as of 1 April in respect of all other stocks for the relevant ICES sub-areas.
 6. Without prejudice to Article FISH.7(1) and (8)[Provisional TACs], after the period of one
 month in relation to the situation in point (c) of paragraph 5, one and a half months in respect of the
 284
 ---pagebreak--- stocks listed in Annex FISH.2 and three months in respect of all other stocks, the Parties shall seek to
 agree further provisional access arrangements at the appropriate geographical level with the aim of
 minimising disruption to fishing activities.
 7. In granting access under paragraph 1, a Party may take into account compliance of individual
 or groups of vessels with the applicable rules in its waters during the preceding year, and measures
 taken by the other Party pursuant to Article FISH.5(2) [Authorisations, compliance and enforcement]
 during the preceding year.
 8. This Article shall apply subject to Annex FISH.4 [Protocol on access to waters].
 Article FISH.9: Compensatory measures in case of withdrawal or reduction of access
 1. Following a notification by a Party (“host Party”) under Article FISH.8(5)[Access to waters],
 the other Party (“fishing Party”) may take compensatory measures commensurate to the economic
 and societal impact of the change in the level and conditions of access to waters. Such impact shall
 be measured on the basis of reliable evidence and not merely on conjecture and remote possibility.
 Giving priority to those compensatory measures which will least disturb the functioning of this
 Agreement, the fishing Party may suspend, in whole or in part, access to its waters and the
 preferential tariff treatment granted to fishery products under Article GOODS.5[Prohibition and
 customs duties].
 2. A compensatory measure referred to in paragraph 1 may take effect at the earliest seven
 days after the fishing Party has given notice to the host Party of the intended suspension under
 paragraph 1 and, in any case, not earlier than 1 February in relation to the situation in point (c) of
 Article 8(5)[Access to waters], 15 February in respect of Annex FISH.2 and 1 April in respect of other
 stocks. The Parties shall consult within the Specialised Committee with a view to reaching a mutually
 agreeable solution. That notification shall identify:
 (a) the date upon which the fishing Party intends to suspend; and
 (b) the obligations to be suspended and the level of the intended suspension.
 3. After the notification of the compensatory measures in accordance with paragraph 2, the
 host Party may request the establishment of an arbitration tribunal pursuant to Article INST.14
 [Arbitration procedure] of Title I [Dispute settlement] of Part Six, without having recourse to
 consultations in accordance with Article INST.13 [Consultations]. The arbitration tribunal may only
 review the conformity of the compensatory measures with paragraph 1. The arbitration tribunal
 shall treat the issue as a case of urgency for the purpose of Article INST.19 [Urgent proceedings] of
 Title I [Dispute settlement] of Part Six.
 4. When the conditions for taking compensatory measures referred to in paragraph 1 are no
 longer met, such measures shall be withdrawn immediately.
 5. Following a finding against the fishing Party in the procedure referred to in paragraph 3, the
 host Party may request the arbitration tribunal, within 30 days from its ruling, to determine a level
 of suspension of obligations under this Agreement not exceeding the level equivalent to the
 nullification or impairment caused by the application of the compensatory measures, if it finds that
 the inconsistency of the compensatory measures with paragraph 1 is significant. The request shall
 propose a level of suspension in accordance with the principles set out in paragraph 1 and any
 285
 ---pagebreak--- relevant principles set out in Article INST.34C [Suspension of obligations for the purposes of
 LPFS.3.12(12), Article FISH.9(5) and Article FISH.14(7)]. The host Party may apply the level of
 suspension of obligations under this Agreement in accordance with the level of suspension
 determined by the arbitration tribunal, no sooner than 15 days following such ruling.
 6. A Party shall not invoke the WTO Agreement or any other international agreement to
 preclude the other Party from suspending obligations under this Article.
 Article FISH.10: Access to waters of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of
 Man
 1. By derogation from Articles FISH.8(1) and (3) to (7) [Access to waters], FISH.9 [Compensatory
 measures in case of withdrawal or reduction of access] and Annex FISH.4 [Protocol on access to
 waters], each Party shall grant vessels of the other Party access to fish in its waters reflecting the
 actual extent and nature of fishing activity that it can be demonstrated was carried out during the
 period beginning on 1 February 2017 and ending on 31 January 2020 by qualifying vessels of the
 other Party in the waters and under any treaty arrangements that existed on 31 January 2020.
 2. For the purposes of this Article and, in so far as the other Articles in this Heading apply in
 relation to the arrangements for access established under this Article:
 (a) "qualifying vessel" means, in respect of fishing activity carried out in waters adjacent to the
 Bailiwick of Guernsey, the Bailiwick of Jersey, the Isle of Man or a Member State, any vessel
 which fished in the territorial sea adjacent to that territory or that Member State on more than
 10 days in any of the three 12 month periods ending on 31 January on, or between, 1 February
 2017 and 31 January 2020;
 (b) "vessel" (of a Party)" means, in respect of the United Kingdom, a fishing vessel flying the flag of
 the United Kingdom and registered in the Bailiwick of Guernsey, the Bailiwick of Jersey or the
 Isle of Man, and licensed by a United Kingdom fisheries administration;
 (c) "waters" (of a Party) means:
 (i) in respect of the Union, the territorial sea adjacent to a Member State; and
 (ii) in respect of the United Kingdom, the territorial sea adjacent to each of the Bailiwick
 of Guernsey, the Bailiwick of Jersey and the Isle of Man.
 3. At the request of either Party, the Partnership Council shall decide, within 90 days of the
 entry into force of this Agreement, that this Article, Article FISH.11 [Notification periods relating to
 the importation and direct landing of fisheries products] and any other provisions of this Heading in
 so far as they relate to the arrangements provided for in those Articles as well as paragraphs 3 to 5
 of Article OTH.9 [Geographical application] shall cease to apply in respect of one or more of Bailiwick
 of Guernsey, the Bailiwick of Jersey and the Isle of Man, following 30 days from this decision.
 4. The Partnership Council may decide to amend this Article, Article FISH.11 [Notification
 periods relating to the importation and direct landing of fisheries products] and any other provisions
 of this Heading in so far as they relate to the arrangements provided for in those Articles.
 286
 ---pagebreak--- Article FISH.11: Notification periods relating to the importation and direct landing of fisheries
 products
 1. The Union shall apply the following notification periods to fisheries products caught by
 vessels flying the flag of the United Kingdom and registered in the Bailiwick of Guernsey or the
 Bailiwick of Jersey in the territorial sea adjacent to those territories or in the territorial sea adjacent
 to a Member State:
 (a) prior notification between three and five hours before landing fresh fisheries products into
 the Union’s territory;
 (b) prior notification between one and three hours of the validated catch certificate for the direct
 movement of consignments of fisheries products by sea before the estimated time of arrival
 at the place of entry into the Union’s territory.
 2. For the purposes of this Article only, “fisheries products” means all species of marine fish,
 molluscs and crustaceans.
 Article FISH.12: Alignment of management areas
 1. By 1 July 2021, the Parties shall request advice from ICES on the alignment of the
 management areas and the assessment units used by ICES for the stocks marked with an asterisk in
 Annex FISH.1.
 2. Within six months of receipt of the advice referred to in paragraph 1, the Parties shall jointly
 review that advice and shall jointly consider adjustments to the management areas of the stocks
 concerned, with a view to agreeing consequential changes to the list of stocks and shares set out in
 Annex FISH.1.
 Article FISH.13: Shares of TACs for certain other stocks
 1. The Parties’ respective shares of the TACs for certain other stocks are set out in Annex
 FISH.2.
 2. Each Party shall notify the relevant States and international organisations of its shares in
 accordance with the sharing arrangement set out in Annex FISH.2A to D.
 3. Any subsequent changes to those shares in Annex FISH.2C and D are a matter for the
 relevant multilateral fora.
 4. Without prejudice to the powers of the Partnership Council in Article 16(3)[Specialised
 Committee on Fisheries], any subsequent changes to the shares Annex FISH.2A and B after 30 June
 2026 are a matter for the relevant multilateral fora.
 5. Both Parties shall approach the management of those stocks in Annex FISH.2A to D in
 accordance with the objectives and principles set out in Article FISH.2[Objectives and principles].
 Chapter four: Arrangements on governance
 287
 ---pagebreak--- Article FISH.14: Remedial measures and dispute resolution
 1. In relation to an alleged failure by a Party (“the respondent Party”) to comply with this
 Heading (other than in relation to alleged failures dealt with under paragraph 2), the other Party
 (“the complaining Party”) may, after giving notice to the respondent Party:
 (a) suspend, in whole or in part, access to its waters and the preferential tariff treatment granted
 to fishery products under Article GOODS.5[Prohibition of customs duties]; and
 (b) if it considers that the suspension referred to in point (a) is not commensurate to the
 economic and societal impact of the alleged failure, it may suspend, in whole or in part, the
 preferential tariff treatment of other goods under Article GOODS.5[Prohibition of customs
 duties]; and
 (c) if it considers that the suspension referred to in points (a) and (b) is not commensurate to the
 economic and societal impact of the alleged failure, it may suspend, in whole or in part,
 obligations under Heading One [Trade] of Part Two [Economic Partnership] with the exception
 of Title XI [Level Playing Field for open and fair competition and sustainable development]. If
 Heading One [Trade] is suspended in whole, Heading Three [Road Transport] is also
 suspended.
 2. In relation to an alleged failure by a Party (the “respondent Party”) to comply with Article
 FISH.10 [Access to waters of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man],
 FISH.11 [Notification periods relating to the importation and direct landing of fisheries products] or
 any other provision of this Heading in so far as it relates to the arrangements provided for in those
 Articles, the other Party (“the complaining Party”), after giving notice to the respondent Party:
 (a) may suspend, in whole or in part, access to its waters within the meaning of Article FISH.10
 [Access to waters of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man];
 (b) if it considers that the suspension referred to in point (a) is not commensurate to the
 economic and societal impact of the alleged failure, it may suspend, in whole or in part, the
 preferential tariff treatment granted to fisheries products under Article GOODS.5 [Prohibition
 of customs duties];
 (c) if it considers that the suspension referred to in points (a) and (b) is not commensurate to the
 economic and societal impact of the alleged failure, it may suspend, in whole or in part, the
 preferential tariff treatment of other goods under Article GOODS.5 [Prohibition of customs
 duties]; and
 by way of derogation from paragraph 1, remedial measures affecting the arrangements established
 under Article FISH.10 [Access to waters of the Bailiwick of Guernsey, the Bailiwick of Jersey and the
 Isle of Man], Article FISH.11 [Notification periods relating to the importation and direct landing of
 fisheries products]or any other provision of this Heading in so far as it relates to the arrangements
 provided for in those Articles may not be taken as a result of an alleged failure by a Party to comply
 with provisions of the Heading unconnected to those arrangements.
 3. Measures referred to paragraphs 1 and 2 shall be proportionate to the alleged failure by the
 respondent Party and the economic and societal impact thereof.
 4. A measure referred to in paragraphs 1 and 2 may take effect at the earliest seven days after
 the complaining Party has given the respondent Party notice of the proposed suspension. The
 288
 ---pagebreak--- Parties shall consult within the Specialised Committee on Fisheries with a view to reaching a
 mutually agreeable solution. That notification shall identify:
 (a) the way in which the complaining Party considers that the respondent Party has failed to
 comply;
 (b) the date upon which the complaining Party intends to suspend; and
 (c) the level of intended suspension.
 5. The complaining Party must, within 14 days of the notification referred to in paragraph 4
 challenge the alleged failure by the respondent Party to comply with this Heading, as referred to in
 paragraphs 1 and 2, by requesting the establishment of an arbitration tribunal under INST.14
 [Arbitration Procedure] of Title I [Dispute settlement] of Part Six. Recourse to arbitration under this
 Article shall be made without having prior recourse to consultations under Article INST.13
 [Consultations]. An arbitration tribunal shall treat the issue as a case of urgency for the purpose of
 Article INST.19 [Urgent proceedings] of Title I [Dispute settlement] of Part Six.
 6. The suspension shall cease to apply when:
 (a) the complaining Party is satisfied that the respondent Party is complying with its relevant
 obligations under this Heading; or
 (b) the arbitration tribunal has decided that the respondent Party has not failed to comply with its
 relevant obligations under this Heading.
 7. Following a finding against the complaining Party in the procedure referred to in paragraph
 5, the respondent Party may request the arbitration tribunal, within 30 days from its ruling, to
 determine a level of suspension of obligations under this Agreement not exceeding the level
 equivalent to the nullification or impairment caused by the application of the compensatory
 measures, if it finds that the inconsistency of the compensatory measures with paragraphs 1 or 2 is
 significant. The request shall propose a level of suspension in accordance with paragraphs 1 or 2 and
 any relevant principles set out in Article INST.34C [Suspension of obligations for the purposes of
 OTHS.3.12(12), Article FISH.9(5) and Article FISH.14(7)]. The respondent Party may apply the level of
 suspension of obligations under this Agreement in accordance with the level of suspension
 determined by the arbitration tribunal, no sooner than 15 days following such ruling.
 8. A Party shall not invoke the WTO Agreement or any other international agreement to
 preclude the other Party from suspending obligations under this Article.
 Article FISH.15: Data sharing
 The Parties shall share such information as is necessary to support the implementation of this
 Heading subject to each Party’s laws.
 Article FISH.16: Specialised Committee on Fisheries
 1. The Specialised Committee on Fisheries may in particular:
 (a) provide a forum for discussion and co-operation in relation to sustainable fisheries
 management;
 289
 ---pagebreak--- (b) consider the development of multi-year strategies for conservation and management as the
 basis for the setting of TACs and other management measures;
 (c) develop multi-year strategies for the conservation and management of non-quota stocks as
 referred to in paragraph 2(b) of Article FISH.8 [Access to waters];
 (d) consider measures for fisheries management and conservation, including emergency
 measures and measures to ensure selectivity of fishing;
 (e) consider approaches to the collection of data for science and fisheries management purposes,
 the sharing of such data (including information relevant to monitoring, controlling and
 enforcing compliance), and the consultation of scientific bodies regarding the best available
 scientific advice;
 (f) consider measures to ensure compliance with the applicable rules, including joint control,
 monitoring and surveillance programmes and the exchange of data to facilitate monitoring
 uptake of fishing opportunities and control and enforcement;
 (g) develop the guidelines for setting the TACs referred to in paragraph 5 of Article FISH.7
 [Provisional TACs];
 (h) make preparations for annual consultations;
 (i) consider matters relating to the designation of ports for landings, including the facilitation of
 the timely notification by the Parties of such designations and of any changes to those
 designations;
 (j) establish timelines for the notification of measures referred to in Article FISH.4(3) [Fisheries
 management], the communication of the lists of vessels referred to in Article FISH.5(1)
 [Authorisations, compliance and enforcement] and the notice referred to in Article FISH.6(7)
 [Fishing opportunities];
 (k) provide a forum for consultations under Article FISH.9(2) [Compensatory measures] and
 Article FISH.14(4) [Remedial measures];
 (l) develop guidelines to support the practical application of Article FISH.8 [Access to waters];
 (m) develop a mechanism for voluntary in-year transfers of fishing opportunities between the
 Parties, as referred to in Article FISH.6(8)[Fishing Opportunities]; and
 (n) consider the application and implementation of Article FISH.10 [Access to waters of the
 Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man] and Article FISH.11
 [Notification periods relating to the importation and direct landing of fisheries products].
 2. The Specialised Committee on Fisheries may adopt measures, including decisions and
 recommendations:
 (a) recording matters agreed by the Parties following consultations under Article FISH.6 [Fishing
 opportunities];
 (b) in relation to any of the matters referred to in points (b), (c), (d), (e), (f), (g), (i), (j), (l), (m) and
 (n) of paragraph 1 of this Article;
 290
 ---pagebreak--- (c) amending the list of pre-existing international obligations referred to in paragraph 2 of Article
 FISH.4 [Fisheries management]
 (d) in relation to any other aspect of co-operation on sustainable fisheries management under
 this Heading; and
 (e) on the modalities of a review under Article FISH.18[Review].
 3. The Partnership Council shall have the power to amend Annexes FISH.1, FISH.2, and FISH.3.
 Article FISH.17: Termination
 1. Without prejudice to Article FINPROV.8 [Termination] or Article OTH.10 [Termination of Part
 Two], each Party may at any moment terminate this Heading, by written notification through
 diplomatic channels. In that event, Heading One [Trade], Heading Two [Aviation], Heading Three
 [Road transport] and this Heading [Fisheries] shall cease to be in force on the first day of the ninth
 month following the date of notification.
 2. In the event of termination of this Heading pursuant to paragraph 1, Article FINPROV.8
 [Termination] or Article OTH.10 [Termination of Part Two], obligations entered into by the Parties
 under this Heading for the year ongoing at the time when the Heading ceases to be in force shall
 continue to apply until the end of the year.
 3. Notwithstanding paragraph 1, Heading Two [Aviation] may remain in force, if the Parties
 agree to integrate the relevant parts of Title XI [Level playing field for open and fair competition and
 sustainable development].
 4. By way of derogation from paragraphs 1 to 3 and without prejudice to Article FINPROV.8
 [Termination] or Article OTH.10 [Termination of Part Two]:
 (a) unless agreed otherwise between the Parties, Article FISH.10 [Access to waters of the Bailiwick of
 Guernsey, the Bailiwick of Jersey and the Isle of Man], Article FISH.11 [Notification periods
 relating to the importation and direct landing of fisheries products] and any other provision of
 this Heading in so far as it relates to the arrangements provided for in those Articles, shall
 remain in force until:
 (i) they are terminated by either Party giving to the other Party three years' written
 notice of termination; or
 (ii) if earlier, the date on which paragraphs 3 to 5 of Article OTH.9[Geographical
 application] cease to be in force;
 (b) for the purposes of paragraph 4(a)(i), notice of termination may be given in respect of one or
 more of the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man and Article FISH.10
 [Access to waters of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man],
 Article FISH.11 [Notification periods relating to the importation and direct landing of fisheries
 products] and any other provision of this Heading in so far as it relates to the arrangements
 provided for in those Articles, shall continue to be in force for those territories in respect of
 which a notice of termination has not been given; and
 (c) for the purposes of paragraph 4(a)(ii), if paragraphs 3 to 5 of Article OTH.9[Geographical
 application] of the Agreement cease to be in force in relation to one or more (but not all) of
 291
 ---pagebreak--- the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, Article FISH.10 [Access to
 waters of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man], Article
 FISH.11 [Notification periods relating to the importation and direct landing of fisheries
 products] and any other provision of this Heading in so far as it relates to the arrangements
 provided for in those Articles, shall continue to be in force for those territories in respect of
 which paragraphs 3 to 5 of Article OTH.9 [Geographical application] remain in force.
 Article FISH.18: Review clause
 1. The Parties, within the Partnership Council, shall jointly review the implementation of this
 Heading four years after the end of the adjustment period referred to in the Article 1 of Annex
 FISH.4 [Protocol on access to waters] with the aim of considering whether arrangements, including
 in relation to access to waters, can be further codified and strengthened.
 2. Such a review may be repeated at subsequent intervals of four years after the conclusion of
 the first review.
 3. The Parties shall decide, in advance, on the modalities of the review through the Specialised
 Committee on Fisheries.
 4. The review shall, in particular, allow for an evaluation, in relation to the previous years, of:
 (a) the provisions for access to each other’s waters under Article FISH.8 [Access to waters];
 (b) the shares of TACs set out in the Annexes FISH.1, 2 and 3;
 (c) the number and extent of transfers as part of annual consultations under Article FISH.6(4)
 [Fishing opportunities] and any transfers under Article FISH.6(8) [Fishing opportunities];
 (d) the fluctuations in annual TACs;
 (e) compliance by both Parties with the provisions of this Heading and the compliance by vessels
 of each Party with the rules applicable to those vessels when in the other Party’s waters;
 (f) the nature and extent of co-operation under this Heading; and
 (g) any other element the Parties decide, in advance, through the Specialised Committee on
 fisheries.
 Article FISH.19: Relationship with other agreements
 1. Subject to paragraph 2, this Heading shall be without prejudice to other existing agreements
 concerning fishing by vessels of a Party within the area of jurisdiction of the other Party.
 2. This Heading shall supersede and replace any existing agreements or arrangements with
 respect to fishing by Union fishing vessels in the territorial sea adjacent to the Bailiwick of Guernsey,
 the Bailiwick of Jersey or the Isle of Man and with respect to fishing by United Kingdom fishing
 vessels registered in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in the
 territorial sea adjacent to a Member State. However, in case the Partnership Council has taken a
 decision in accordance with Article 10(3) [Access to waters of the Bailiwick of Guernsey, the Bailiwick
 of Jersey and the Isle of Man] for the Agreement to cease to apply in respect of the Bailiwick of
 Guernsey, the Bailiwick of Jersey or the Isle of Man, the relevant agreements or arrangements shall
 292
 ---pagebreak--- not be superseded and replaced in respect of the territory or territories for which such a decision
 has been taken.
 HEADING SIX: OTHER PROVISIONS
 Article OTH.1: Definitions
 Unless otherwise specified, for the purposes of Part Two of this Agreement, the Protocol on mutual
 administrative assistance in customs matters and the Protocol on administrative cooperation and
 combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims
 relating to taxes and duties, the following definitions apply:
 (a) “agricultural good” means a product listed in Annex 1 to the Agreement on Agriculture;
 (b) “customs authority” means:
 (i) with respect to the Union, the services of the European Commission responsible for
 customs matters or, as appropriate, the customs administrations and any other
 authorities empowered in the Member States to apply and enforce customs
 legislation, and
 (ii) with respect to the United Kingdom, Her Majesty’s Revenue and Customs and any
 other authority responsible for customs matters.
 (c) “customs duty” means any duty or charge of any kind imposed on, or in connection with, the
 importation of a good but does not include:
 (i) a charge equivalent to an internal tax imposed consistently with Article GOODS.4
 [National Treatment on Internal Taxation and Regulation] of Title I of Heading One of
 Part Two;
 (ii) an anti-dumping, special safeguard, countervailing or safeguard duty applied
 consistently with GATT 1994, the Anti-dumping Agreement, the Agreement on
 Agriculture, the Agreement on Subsidies and Countervailing Measures or the
 Agreement on Safeguards, as appropriate; or
 (iii) a fee or other charge imposed on or in connection with importation that is limited in
 amount to the approximate cost of the services rendered;
 (d) “CPC” means the Provisional Central Product Classification (Statistical Papers Series M No.77,
 Department of International Economic and Social Affairs, Statistical Office of the United
 Nations, New York, 1991);
 (e) “existing” means in effect on the date of entry into force of this Agreement;
 (f) “goods of a Party” means domestic products within the meaning of GATT 1994, and includes
 originating goods of that Party;
 (g) “Harmonised System” or “HS” means the Harmonised Commodity Description and Coding
 System, including all legal notes and amendments thereto developed by the World Customs
 Organization;
 293
 ---pagebreak--- (h) “heading” means the first four digits in the tariff classification number under the Harmonised
 System;
 (i) “legal person” means any legal entity duly constituted or otherwise organised under
 applicable law, whether for profit or otherwise, and whether privately-owned or
 governmentally-owned, including any corporation, trust, partnership, joint venture, sole
 proprietorship or association;
 (j) “measure” means any measure by a Party, whether in the form of a law, regulation, rule,
 procedure, decision, administrative action, requirement or practice, or any other form;71
 (k) “measures of a Party” means any measures adopted or maintained by:
 (i) central, regional or local governments or authorities; and
 (ii) non-governmental bodies in the exercise of powers delegated by central, regional or
 local governments or authorities;
 “measures of a Party” includes measures adopted or maintained by entities listed under sub-
 paragraphs (i) and (ii) by instructing, directing or controlling, either directly or indirectly, the
 conduct of other entities with regard to those measures;
 (l) “natural person of a Party” means72:
 (i) for the European Union, a national of a Member State according to its law;73 and
 (ii) for the United Kingdom, a British citizen;
 (m) “person” means a natural person or a legal person;
 (n) “sanitary or phytosanitary measure” means any measure referred to in paragraph 1 of Annex
 A to the SPS Agreement;
 (o) “third country” means a country or territory outside the territorial scope of application of this
 Agreement;
 (p) “Vienna Convention on the Law of Treaties” means the Vienna Convention on the Law of
 Treaties, done at Vienna on 23 May 1969; and
 (q) “WTO” means the World Trade Organization.
 Article OTH.2: WTO Agreements
 For the purposes of this Agreement, the WTO Agreements are referred to as follows:
 71
 For greater certainty, the term “measure” includes failures to act.
 72
 This does not include natural persons residing in the territory referred to in Article FINPROV.1(3)
 [Territorial Scope].
 73
 The definition of natural person also includes persons permanently residing in the Republic of Latvia
 who are not citizens of the Republic of Latvia or any other state but who are entitled, under the law of the
 Republic of Latvia, to receive a non-citizen’s passport.
 294
 ---pagebreak--- (a) “Agreement on Agriculture” means the Agreement on Agriculture, contained in Annex 1A to
 the WTO Agreement;
 (b) “Anti-dumping Agreement” means the Agreement on Implementation of Article VI of the
 General Agreement on Tariffs and Trade 1994;
 (c) “GATS” means the General Agreement on Trade in Services, contained in Annex 1B to the
 WTO Agreement;
 (d) “GATT 1994” means the General Agreement on Tariffs and Trade 1994, contained in Annex 1A
 to the WTO Agreement;
 (e) “GPA” means the Agreement on Government Procurement in Annex 4 to the WTO
 Agreement74;
 (f) “Safeguards Agreement” means the Agreement on Safeguards, contained in Annex 1A to the
 WTO Agreement;
 (g) “SCM Agreement” means the Agreement on Subsidies and Countervailing Measures,
 contained in Annex 1A to the WTO Agreement;
 (h) “SPS Agreement” means the Agreement on the Application of Sanitary and Phytosanitary
 Measures, contained in Annex 1A to the WTO Agreement;
 (i) “TBT Agreement” means the Agreement on Technical Barriers to Trade, contained in Annex 1A
 to the WTO Agreement;
 (j) “TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property
 Rights, contained in Annex 1C to the WTO Agreement; and
 (k) “WTO Agreement” means the Marrakesh Agreement Establishing the World Trade
 Organization, done at Marrakesh on 15 April 1994.
 Article OTH.3: Establishment of a free trade area
 The Parties hereby establish a free trade area, in conformity with Article XXIV of GATT 1994 and
 Article V of GATS.
 Article OTH.4: Relation to the WTO Agreement
 The Parties affirm their rights and obligations with respect to each other under the WTO Agreement
 and other agreements to which they are party.
 Nothing in this Agreement shall be construed as requiring either Party to act in a manner
 inconsistent with its obligations under the WTO Agreement.
 74
 For greater certainty, the ‘GPA’ shall be understood to be the GPA as amended by the Protocol Amending
 the Agreement on Government Procurement, done at Geneva on 30 March 2012.
 295
 ---pagebreak--- Article OTH.4a: WTO case-law
 The interpretation and application of the provisions of this Part shall take into account relevant
 interpretations in reports of WTO panels and of the Appellate Body adopted by the Dispute
 Settlement Body of the WTO as well as in arbitration awards under the Dispute Settlement
 Understanding.
 Article OTH.5: Fulfilment of obligations
 Each Party shall adopt any general or specific measures required to fulfil their obligations under this
 Part, including those required to ensure its observance by central, regional or local governments and
 authorities, as well as non-governmental bodies in the exercise of powers delegated to them.
 Article OTH.7: References to laws and other Agreements
 1. Unless otherwise specified, where reference is made in this Part to laws and regulations of a
 Party, those laws and regulations shall be understood to include amendments thereto.
 2. Unless otherwise specified, where international agreements are referred to or incorporated
 into this Part, in whole or in part, they shall be understood to include amendments thereto or their
 successor agreements entering into force for both Parties on or after the date of signature of this
 Agreement. If any matter arises regarding the implementation or application of the provisions of this
 Part as a result of such amendments or successor agreements, the Parties may, on request of either
 Party, consult with each other with a view to finding a mutually satisfactory solution to this matter,
 as necessary.
 Article OTH.8: Tasks of the Partnership Council in Part Two
 The Partnership Council may:
 (a) adopt decisions to amend:
 (i) Chapter two of Title I of Heading one of Part two [Rules of Origin] and its Annexes, in
 accordance with Article ORIG.31 [Amendment to this Chapter and its Annexes];
 (ii) the arrangements set out in Annexes TBT-[XX] and TBT-[ZZ], in accordance with Article
 TBT.9(8) [Cooperation on market surveillance and non-food product safety and
 compliance ];
 (iii) Appendices A and B, in accordance with Article 2(3) [Product definitions, oenological
 practices and processes] of Annex TBT-5 [TRADE IN WINE];
 (iv) Appendix C, in accordance with Article 3(3) [Certification requirements on import in
 the respective territories of the Parties] of Annex TBT-5 [TRADE IN WINE];
 (v) Appendices A, B, C and D, in accordance with Article 1 [Objective and scope] of Annex
 TBT-4 [ORGANIC PRODUCTS];
 (vi) Appendices 1 to 3, in accordance with Article 1 [Definitions] and Article 2 [Product
 scope of Annex TBT-2 [MEDICINAL PRODUCTS];
 (vii) the Annex on Authorised Economic Operators, the Protocol on mutual administrative
 assistance in customs matters, the Protocol on combating fraud in the field of Value
 296
 ---pagebreak--- Added Tax and on mutual assistance for the recovery of claims relating to taxes and
 duties, and the list of goods set out in Article CUSTMS.16(2) [Temporary admission], in
 accordance with Article CUSTMS.21 [Amendments];
 (viii) the relevant Sub-section under Section B of ANNEX.PPROC-1, in accordance with
 Article PPROC.18 [Amendment of Section B of ANNEX.PPROC-1];
 (ix) Annex ENER-1 [LISTS OF ENERGY GOODS, HYDROCARBONS AND RAW MATERIALS],
 Annex ENER-2 [ENERGY AND ENVIRONMENTAL SUBSIDIES] and Annex ENER-3 [NON-
 APPLICATION OF THIRD-PARTY ACCESS AND OWNERSHIP UNBUNDLING TO
 INFRASTRUCTURE], in accordance with Article ENER.31 [Effective implementation and
 amendments];
 (x) Paragraph 4 of Article LPFS.3.2 [Scope and exceptions] in accordance with that
 paragraph, third sentence of paragraph 2 of Article LPFS.3.3 [Services of public
 economic interest] in accordance with the fourth sentence of that paragraph,
 paragraph 3 of Article LPFS.3.3 [Services of public economic interest] in accordance
 with that paragraph, Article LPFS.3.5 [Prohibited subsidies and subsidies subject to
 conditions] in accordance with paragraph 1 of that Article and Article LPFS.3.11
 [Recovery] in accordance with paragraph 7 of that article, of Chapter 3 [Subsidy
 control];
 (xi) Article FISH.10 [Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man], Article
 FISH.11 [Notification periods relating to the importation and direct landing of fisheries
 products] and any other provision of Heading Five [Fisheries], in accordance with
 Article FISH.10(4) [Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man];
 (xii) Annexes FISH.1, FISH.2 and FISH.3, in accordance with Article FISH.16(3) [Specialised
 Committee on Fisheries];
 (xiii) any other provision, protocol, appendix or annex, for which the possibility of such
 decision is explicitly foreseen in Part Two of this Agreement.
 (b) adopt decisions to issue interpretations of the provisions of Part Two of this Agreement.
 Article OTH.9: Geographical application
 1. The provisions of this Agreement concerning the tariff treatment of goods, including rules of
 origin and the temporary suspension of this treatment shall also apply, with respect to the Union, to
 those areas of the customs territory of the Union, as defined by Article 4 of Regulation (EU) No
 952/2013 of the European Parliament and of the Council75, which are not covered by Article
 FINPROV.1(a) [Territorial scope] of Part Seven [Final provisions].
 2. Without prejudice to Article FINPROV.1(2), (3) and (4) [Territorial Scope], the rights and
 obligations of the Parties under this Part shall also apply with regard to the areas beyond each
 Party's territorial sea, including the sea-bed and subsoil thereof, over which that Party exercises
 sovereign rights or jurisdiction in accordance with international law including the United Nations
 75
 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down
 the Union Customs Code (recast) (OJ EU L 269, 10.10.2013, p. 1).
 297
 ---pagebreak--- Convention on the Law of the Sea, done at Montego Bay on 10 December 1982 and its laws and
 regulations which are consistent with international law.76
 3. Subject to the exceptions contained in paragraph 4, Chapters 1 [NTMA], 2 [Rules of Origin]
 and 5 [Customs and trade facilitation] of Title IV [Trade in goods] and the Protocols and Annexes to
 those Chapters shall also apply, with respect to the United Kingdom, to the territories referred to in
 Article FINPROV.1(2) [Territorial scope]. For that purpose, the territories referred to in Article
 FINPROV.1(2) [Territorial scope] shall be considered as being part of the customs territory of the
 United Kingdom. The customs authorities of the territories referred to in Article FINPROV.1(2)
 [Territorial scope] shall be responsible for the application and implementation of these
 Chapters, and the Protocols and Annexes to these Chapters, in their respective territories.
 References to "customs authority" in those provisions shall be read accordingly. However, requests
 and communications made under these Chapters, and the Protocols and Annexes to these Chapters,
 shall be administered by the customs authority of the United Kingdom.
 4. Article CUSTMS.9 [Authorised Economic Operators] of Chapter 5 [Customs and trade
 facilitation] of Title IV [Trade in goods] of Heading One of Part Two, ANNEX CUSTMS-1 [Authorised
 Economic Operators] and the Protocol on administrative cooperation and combating fraud in the
 field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and
 duties shall not apply to the Bailiwick of Jersey or the Bailiwick of Guernsey.
 5. Chapters 3 [SPS] and 4 [TBT] of Title IV [Trade in goods] of Heading One of Part Two and the
 Annexes to those Chapters shall also apply, with respect to the United Kingdom, to the
 territories referred to in Article FINPROV.1(2) [Territorial scope]. The authorities of the territories
 referred to in Article FINPROV.1(2) [Territorial scope] shall be responsible for the application and
 implementation of these Chapters, and the Annexes to these Chapters, in their respective territories
 and relevant references shall be read accordingly. However, requests and communications made
 under these Chapters, and the Annexes to these Chapters, shall be administered by the authorities
 of the United Kingdom.
 6. Without prejudice to Article FINPROV.8 [Termination] and Article OTH.10 [Termination of
 Part Two] and unless agreed otherwise between the Parties, paragraphs 3 to 5 of this Article shall
 remain in force until the earlier of:
 (a) expiry of a period of three years following written notice of termination to the other Party; or
 (b) the date on which Article FISH.10 [Access to waters of the Bailiwick of Guernsey, the Bailiwick
 of Jersey and the Isle of Man], Article FISH.11 [Notification periods relating to the importation
 and direct landing of fisheries products] and any other provision of Heading Five [Fisheries] in
 so far as it relates to the arrangements provided for in those Articles cease to be in force.
 7. For the purposes of point (a) of paragraph 6, notice of termination may be given in respect
 of one or more of the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man and
 paragraphs 3 to 5 of this Article shall continue in force for those territories in respect of which a
 notice of termination has not been given.
 76
 For greater certainty, for the European Union, the areas beyond each Party's territorial sea shall be
 understood as the respective areas of the Member States of the European Union.
 298
 ---pagebreak--- 8. For the purposes of point (b) of paragraph 6, if Article FISH.10 [Access to waters of the
 Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man], Article FISH.11 [Notification
 periods relating to the importation and direct landing of fisheries products] and any other provision
 of Heading Five [Fisheries] in so far as it relates to the arrangements provided for in those Articles
 cease to be in force in relation to one or more (but not all) of the Bailiwick of Guernsey, the Bailiwick
 of Jersey or the Isle of Man, paragraphs 3 to 5 of this Article shall continue to be in force for those
 territories in respect of which Article FISH.10 [Access to waters of the Bailiwick of Guernsey, the
 Bailiwick of Jersey and the Isle of Man], Article FISH.11 [Notification periods relating to the
 importation and direct landing of fisheries products] and any other provision of Heading Five
 [Fisheries] in so far as it relates to the arrangements provided for in those Articles remain in force.
 Article OTH.10: Termination of Part Two
 Without prejudice to Article FINPROV.8 [Termination], each Party may at any moment terminate this
 Part, by written notification through diplomatic channels. In that event, this Part shall cease to be in
 force on the first day of the ninth month following the date of notification. Heading Four [Social
 security coordination and visas for short-term travels] and the Protocol on Social Security
 Coordination shall not be terminated pursuant to this Article.
 299
 ---pagebreak--- PART THREE: LAW ENFORCEMENT AND JUDICIAL COOPERATION IN CRIMINAL MATTERS
 TITLE I: GENERAL PROVISIONS
 Article LAW.GEN.1: Objective
 1. The objective of this Part is to provide for law enforcement and judicial cooperation
 between the Member States and Union institutions, bodies, offices and agencies, on the one side,
 and the United Kingdom, on the other side, in relation to the prevention, investigation, detection
 and prosecution of criminal offences and the prevention of and fight against money laundering and
 financing of terrorism.
 2. This Part only applies to law enforcement and judicial cooperation in criminal matters taking
 place exclusively between the United Kingdom, on the one side, and the Union and the Member
 States, on the other side. It does not apply to situations arising between the Member States, or
 between Member States and Union institutions, bodies, offices and agencies, nor does it apply to
 the activities of authorities with responsibilities for safeguarding national security when acting in
 that field.
 Article LAW.GEN.2: Definitions
 For the purposes of this Part, the following definitions apply:
 (a) “third country” means a country other than a State;
 (b) “special categories of personal data” means personal data revealing racial or ethnic origin,
 political opinions, religious or philosophical beliefs, or trade union membership, genetic data,
 biometric data processed for the purpose of uniquely identifying a natural person, data
 concerning health or data concerning a natural person's sex life or sexual orientation;
 (c) “genetic data” means all personal data relating to the genetic characteristics of an individual
 that have been inherited or acquired, which give unique information about the physiology or
 the health of that individual, resulting in particular from an analysis of a biological sample
 from the individual in question;
 (d) “biometric data” means personal data resulting from specific technical processing relating to
 the physical, physiological or behavioural characteristics of a natural person which allow or
 confirm the unique identification of that natural person, such as facial images or dactyloscopic
 data;
 (e) “processing” means any operation or set of operations which is performed on personal data
 or on sets of personal data, whether or not by automated means, such as collection,
 recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation,
 use, disclosure by transmission, dissemination or otherwise making available, alignment or
 combination, restriction, erasure or destruction;
 (f) “personal data breach” means a breach of security leading to the accidental or unlawful
 destruction, loss, alteration, unauthorised disclosure of, or access to, personal data
 transmitted, stored or otherwise processed;
 300
 ---pagebreak--- (g) “filing system” means any structured set of personal data which are accessible according to
 specific criteria, whether centralised, decentralised or dispersed on a functional or
 geographical basis;
 (h) “Specialised Committee on Law Enforcement and Judicial Cooperation” means the Committee
 by that name established by Article INST.2 [Committees].
 Article LAW.GEN.3: Protection of human rights and fundamental freedoms
 1. The cooperation provided for in this Part is based on the Parties’ and Member States’ long-
 standing respect for democracy, the rule of law and the protection of fundamental rights and
 freedoms of individuals, including as set out in the Universal Declaration of Human Rights and in the
 European Convention on Human Rights, and on the importance of giving effect to the rights and
 freedoms in that Convention domestically.
 2. Nothing in this Part modifies the obligation to respect fundamental rights and legal
 principles as reflected, in particular, in the European Convention on Human Rights and, in the case of
 the Union and its Member States, in the Charter of Fundamental Rights of the European Union.
 Article LAW.GEN.4: Protection of personal data
 8. The cooperation provided for in this Part is based on the Parties’ long-standing commitment
 to ensuring a high level of protection of personal data.
 9. To reflect that high level of protection, the Parties shall ensure that personal data processed
 under this Part is subject to effective safeguards in the Parties’ respective data protection regimes,
 including that:
 (a) personal data is processed lawfully and fairly in compliance with the principles of data
 minimisation, purpose limitation, accuracy and storage limitation;
 (b) processing of special categories of personal data is only permitted to the extent necessary and
 subject to appropriate safeguards adapted to the specific risks of the processing;
 (c) a level of security appropriate to the risk of the processing is ensured through relevant
 technical and organisational measures, in particular as regards the processing of special
 categories of personal data;
 (d) data subjects are granted enforceable rights of access, rectification and erasure, subject to
 possible restrictions provided for by law which constitute necessary and proportionate
 measures in a democratic society to protect important objectives of public interest;
 (e) in the event of a data breach creating a risk to the rights and freedoms of natural persons, the
 competent supervisory authority is notified without undue delay of the breach; where the
 breach is likely to result in a high risk to the rights and freedoms of natural persons, the data
 subjects are also notified, subject to possible restrictions provided for by law which constitute
 necessary and proportionate measures in a democratic society to protect important objectives
 of public interest;
 (f) onward transfers to a third country are allowed only subject to conditions and safeguards
 appropriate to the transfer ensuring that the level of protection is not undermined;
 301
 ---pagebreak--- (g) the supervision of compliance with data protection safeguards and the enforcement of data
 protection safeguards are ensured by independent authorities; and
 (h) data subjects are granted enforceable rights to effective administrative and judicial redress in
 the event that data protection safeguards have been violated.
 10. The United Kingdom, on the one side, and the Union, also on behalf of any of its Member
 States, on the other side, shall notify the Specialised Committee on Law Enforcement and Judicial
 Cooperation of the supervisory authorities responsible for overseeing the implementation of, and
 ensuring compliance with, data protection rules applicable to cooperation under this Part. The
 supervisory authorities shall cooperate to ensure compliance with this Part.
 11. The provisions on the protection of personal data set out in this Part apply to the processing
 of personal data wholly or partly by automated means, and to the processing other than by
 automated means of personal data which form part of a filing system or are intended to form part of
 a filing system.
 12. This Article is without prejudice to the application of any specific provisions in this Part
 relating to the processing of personal data.
 Article LAW.GEN.5: Scope of cooperation where a Member State no longer participates in analogous
 measures under Union law
 1. This Article applies if a Member State ceases to participate in, or enjoy rights under,
 provisions of Union law relating to law enforcement and judicial cooperation in criminal matters
 analogous to any of the relevant provisions of this Part.
 2. The United Kingdom may notify the Union in writing of its intention to cease to operate the
 relevant provisions of this Part in relation to that Member State.
 3. A notification given under paragraph 2 takes effect on the date specified therein, which shall
 be no earlier than the date on which the Member State ceases to participate in, or to enjoy rights
 under, the provisions of Union law referred to in paragraph 1.
 4. If the United Kingdom gives notification under this Article of its intention to cease to apply
 the relevant provisions of this Part, the Specialised Committee on Law Enforcement and Judicial
 Cooperation shall meet to decide what measures are needed to ensure that any cooperation
 initiated under this Part that is affected by the cessation is concluded in an appropriate manner. In
 any event, with regard to all personal data obtained through cooperation under the relevant
 provisions of this Part before they cease to be applied, the Parties shall ensure that the level of
 protection under which the personal data were transferred is maintained after the cessation takes
 effect.
 5. The Union shall notify the United Kingdom in writing, through diplomatic channels, of the
 date on which the Member State is to resume its participation in, or the enjoyment of rights under,
 the provisions of Union law in question. The application of the relevant provisions of this Part shall
 be reinstated on that date or, if later, on the first day of the month following the day on which that
 notification has been given.
 6. To facilitate the application of this Article, the Union shall inform the United Kingdom when
 a Member State ceases to participate in, or enjoy rights under, provisions of Union law relating to
 302
 ---pagebreak--- law enforcement and judicial cooperation in criminal matters analogous to the relevant provisions of
 this Part.
 TITLE II: EXCHANGES OF DNA, FINGERPRINTS AND VEHICLE REGISTRATION DATA
 Article LAW.PRUM.5: Objective
 The objective of this Title is to establish reciprocal cooperation between the competent law
 enforcement authorities of the United Kingdom, on the one side, and the Member States, on the
 other side, on the automated transfer of DNA profiles, dactyloscopic data and certain domestic
 vehicle registration data.
 Article LAW.PRUM.6: Definitions
 For the purposes of this Title, the following definitions apply:
 (a) “competent law enforcement authority” means a domestic police, customs or other authority
 that is authorised by domestic law to detect, prevent and investigate offences or criminal
 activities and to exercise authority and take coercive measures in the context of such
 activities; agencies, bodies or other units dealing especially with national security issues are
 not competent law enforcement authorities for the purposes of this Title;
 (b) “search” and “comparison”, as referred to in Articles LAW.PRUM.8 [Automated searching of
 DNA profiles], LAW.PRUM.9 [Automated comparison of DNA profiles], LAW.PRUM.12
 [Automated searching of dactyloscopic data], and LAW.PRUM.17 [Implementing measures]
 mean the procedures by which it is established whether there is a match between,
 respectively, DNA data or dactyloscopic data which have been communicated by one State
 and DNA data or dactyloscopic data stored in the databases of one, several, or all of the other
 States;
 (c) “automated searching”, as referred to in Article LAW.PRUM.15 [Automated searching of
 vehicle registration data], means an online access procedure for consulting the databases of
 one, several, or all of the other States;
 (d) “non-coding part of DNA” means chromosome regions not genetically expressed, i.e. not
 known to provide for any functional properties of an organism;
 (e) “DNA profile” means a letter or numeric code which represents a set of identification
 characteristics of the non-coding part of an analysed human DNA sample, i.e. the particular
 molecular structure at the various DNA locations (loci);
 (f) “DNA reference data” means DNA profile and reference number; DNA reference data shall
 only include DNA profiles established from the non-coding part of DNA and a reference
 number; DNA reference data shall not contain any data from which the data subject can be
 directly identified; DNA reference data which is not attributed to any natural person
 (unidentified DNA profiles) shall be recognisable as such;
 (g) “reference DNA profile” means the DNA profile of an identified person;
 (h) “unidentified DNA profile” means the DNA profile obtained from traces collected during the
 investigation of criminal offences and belonging to a person not yet identified;
 303
 ---pagebreak--- (i) “note” means a State's marking on a DNA profile in its domestic database indicating that there
 has already been a match for that DNA profile on another State's search or comparison;
 (j) “dactyloscopic data” means fingerprint images, images of fingerprint latents, palm prints,
 palm print latents and templates of such images (coded minutiae), when they are stored and
 dealt with in an automated database;
 (k) “dactyloscopic reference data” means dactyloscopic data and reference number;
 dactyloscopic reference data shall not contain any data from which the data subject can be
 directly identified; dactyloscopic reference data which is not attributed to any natural person
 (unidentified dactyloscopic data) shall be recognisable as such;
 (l) “vehicle registration data” means the data-set as specified in Chapter 3 of ANNEX LAW-1;
 (m) “individual case”, as referred to in Article LAW.PRUM.8(1) [Automated searching of DNA
 profiles], second sentence, Article LAW.PRUM.12(1) [Automated searching of dactyloscopic
 data], second sentence and Article LAW.PRUM.15(1) [Automated searching of vehicle
 registration data], means a single investigation or prosecution file; if such a file contains more
 than one DNA profile, or one piece of dactyloscopic data or vehicle registration data, they may
 be transmitted together as one request;
 (n) “laboratory activity” means any measure taken in a laboratory when locating and recovering
 traces on items, as well as developing, analysing and interpreting forensic evidence regarding
 DNA profiles and dactyloscopic data, with a view to providing expert opinions or exchanging
 forensic evidence;
 (o) “results of laboratory activities” means any analytical outputs and directly associated
 interpretation;
 (p) “forensic service provider” means any organisation, public or private, that carries out
 laboratory activities at the request of competent law enforcement or judicial authorities;
 (q) “domestic accreditation body” means the sole body in a State that performs accreditation
 with authority derived from the State.
 Article LAW.PRUM.7: Establishment of domestic DNA analysis files
 1. The States shall open and keep domestic DNA analysis files for the investigation of criminal
 offences.
 2. For the purpose of implementing this Title, the States shall ensure the availability of DNA
 reference data from their domestic DNA analysis files as referred to in paragraph 1.
 3. The States shall declare the domestic DNA analysis files to which Articles LAW.PRUM.7
 [Establishment of domestic DNA analysis files] to LAW.PRUM.10 [Collection of cellular material and
 supply of DNA profiles] and Articles LAW.PRUM.13 [National contact points], LAW.PRUM.14 [Supply
 of further personal data and other information] and LAW.PRUM. 17 [Implementing measures] apply
 and the conditions for automated searching as referred to in Article LAW.PRUM.8(1) [Automated
 searching of DNA profiles].
 304
 ---pagebreak--- Article LAW.PRUM.8: Automated searching of DNA profiles
 1. For the investigation of criminal offences, States shall allow other States' national contact
 points as referred to in Article LAW.PRUM.13 [National contact points] access to the DNA reference
 data in their DNA analysis files, with the power to conduct automated searches by comparing DNA
 profiles. Searches may be conducted only in individual cases and in compliance with the requesting
 State's domestic law.
 2. If an automated search shows that a DNA profile supplied matches DNA profiles entered in
 the requested State's searched file, the requested State shall send to the national contact point of
 the requesting State in an automated way the DNA reference data with which a match has been
 found. If no match can be found, this shall be notified automatically.
 Article LAW.PRUM.9: Automated comparison of DNA profiles
 1. For the investigation of criminal offences, the States, via their national contact points, shall
 compare the DNA profiles of their unidentified DNA profiles with all DNA profiles from other
 domestic DNA analysis files' reference data in accordance with mutually accepted practical
 arrangements between the States concerned. DNA profiles shall be supplied and compared in
 automated form. Unidentified DNA profiles shall be supplied for comparison only where provided
 for under the requesting State's domestic law.
 2. If a State, as a result of the comparison referred to in paragraph 1, finds that any DNA
 profiles supplied by another State match any of those in its DNA analysis files, it shall supply that
 other State's national contact point with the DNA reference data with which a match has been found
 without delay.
 Article LAW.PRUM.10: Collection of cellular material and supply of DNA profiles
 Where, in ongoing investigations or criminal proceedings, there is no DNA profile available for a
 particular individual present within a requested State's territory, the requested State shall provide
 legal assistance by collecting and examining cellular material from that individual and by supplying
 the DNA profile obtained to the requesting State, if:
 (a) the requesting State specifies the purpose for which it is required;
 (b) the requesting State produces an investigation warrant or statement issued by the competent
 authority, as required under that State's domestic law, showing that the requirements for
 collecting and examining cellular material would be fulfilled if the individual concerned were
 present within the requesting State's territory; and
 (c) under the requested State's law, the requirements for collecting and examining cellular
 material and for supplying the DNA profile obtained are fulfilled.
 Article LAW.PRUM.11: Dactyloscopic data
 For the purpose of implementing this Title, the States shall ensure the availability of dactyloscopic
 reference data from the file for the domestic automated fingerprint identification systems
 established for the prevention and investigation of criminal offences.
 305
 ---pagebreak--- Article LAW.PRUM.12: Automated searching of dactyloscopic data
 1. For the prevention and investigation of criminal offences, States shall allow other States'
 national contact points, as referred to in Article LAW.PRUM.13 [National contact points], access to
 the reference data in the automated fingerprint identification systems which they have established
 for that purpose, with the power to conduct automated searches by comparing dactyloscopic data.
 Searches may be conducted only in individual cases and in compliance with the requesting State's
 domestic law.
 2. The confirmation of a match of dactyloscopic data with reference data held by the
 requested State shall be carried out by the national contact point of the requesting State by means
 of the automated supply of the reference data required for a clear match.
 Article LAW.PRUM.13: National contact points
 1. For the purposes of the supply of data as referred to in Articles LAW.PRUM.8 [Automated
 searching of DNA profiles], LAW.PRUM.9 [Automated comparison of DNA profiles] and
 LAW.PRUM.12 [Automated searching of dactyloscopic data], the States shall designate national
 contact points.
 2. In respect of the Member States, national contact points designated for an analogous
 exchange of data within the Union shall be considered as national contact points for the purpose of
 this Title.
 3. The powers of the national contact points shall be governed by the applicable domestic law.
 Article LAW.PRUM.14: Supply of further personal data and other information
 If the procedure referred to in Articles LAW.PRUM.8 [Automated searching of DNA profiles],
 LAW.PRUM.9 [Automated comparison of DNA profiles] and LAW.PRUM.12 [Automated searching of
 dactyloscopic data] show a match between DNA profiles or dactyloscopic data, the supply of further
 available personal data and other information relating to the reference data shall be governed by
 the domestic law, including the legal assistance rules, of the requested State, without prejudice to
 Article LAW.PRUM.17(1) [Implementing measures].
 Article LAW.PRUM.15: Automated searching of vehicle registration data
 1. For the prevention and investigation of criminal offences and in dealing with other offences
 within the jurisdiction of the courts or a public prosecutor in the requesting State, as well as in
 maintaining public security, States shall allow other States' national contact points, as referred to in
 paragraph 2, access to the following domestic vehicle registration data, with the power to conduct
 automated searches in individual cases:
 (a) data relating to owners or operators; and
 (b) data relating to vehicles.
 2. Searches may be conducted under paragraph 1 only with a full chassis number or a full
 registration number and in compliance with the requesting State's domestic law.
 306
 ---pagebreak--- 3. For the purposes of the supply of data as referred to in paragraph 1, the States shall
 designate a national contact point for incoming requests from other States. The powers of the
 national contact points shall be governed by the applicable domestic law.
 Article LAW.PRUM.16: Accreditation of forensic service providers carrying out laboratory activities
 1. The States shall ensure that their forensic service providers carrying out laboratory activities
 are accredited by a domestic accreditation body as complying with EN ISO/IEC 17025.
 2. Each State shall ensure that the results of accredited forensic service providers carrying out
 laboratory activities in other States are recognised by its authorities responsible for the prevention,
 detection, and investigation of criminal offences as being equally reliable as the results of domestic
 forensic service providers carrying out laboratory activities accredited to EN ISO/IEC 17025.
 3. The competent law enforcement authorities of the United Kingdom shall not carry out
 searches and automated comparison in accordance with Articles LAW.PRUM.8 [Automated
 searching of DNA profiles], LAW.PRUM.9 [Automated comparison of DNA profiles] and
 LAW.PRUM.12 [Automated searching of dactyloscopic data] before the United Kingdom has
 implemented and applied the measures referred to in paragraph 1 of this Article.
 4. Paragraphs 1 and 2 do not affect domestic rules on the judicial assessment of evidence.
 5. The United Kingdom shall communicate to the Specialised Committee on Law Enforcement
 and Judicial Cooperation the text of the main provisions adopted to implement and apply the
 provisions of this Article.
 Article LAW.PRUM.17: Implementing measures
 1. For the purposes of this Title, States shall make all categories of data available for searching
 and comparison to the competent law enforcement authorities of other States under conditions
 equal to those under which they are available for searching and comparison by domestic competent
 law enforcement authorities. States shall supply further available personal data and other
 information relating to the reference data as referred to in Article LAW.PRUM.14 [Supply of further
 personal data and other information] to the competent law enforcement authorities of other States
 for the purposes of this Title under conditions equal to those under which they would be supplied to
 domestic authorities.
 2. For the purpose of implementing the procedures referred to in Articles LAW.PRUM.8
 [Automated searching of DNA profiles], LAW.PRUM.9 [Automated comparison of DNA profiles],
 LAW.PRUM.12 [Automated searching of dactyloscopic data] and LAW.PRUM.15 [Automated
 searching of vehicle registration data], technical and procedural specifications are laid down in
 ANNEX LAW-1.
 3. The declarations made by Member States in accordance with Council Decisions
 2008/615/JHA77 and 2008/616/JHA78 shall also apply in their relations with the United Kingdom.
 77
 Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation,
 particularly in combating terrorism and cross-border crime (OJ EU L 210, 6.8.2008, p. 1).
 307
 ---pagebreak--- Article LAW.PRUM.18: Ex ante evaluation
 1. In order to verify whether the United Kingdom has fulfilled the conditions set out in Article
 LAW.PRUM.17 [Implementing measures] and ANNEX LAW-1, an evaluation visit and a pilot run, to
 the extent required by ANNEX LAW-1, shall be carried out in respect of, and under conditions and
 arrangements acceptable to, the United Kingdom. In any event, a pilot run shall be carried out in
 relation to the searching of data under Article LAW.PRUM.15 [Automated searching of vehicle
 registration data].
 2. On the basis of an overall evaluation report on the evaluation visit and, where applicable,
 the pilot run, as referred to in paragraph 1, the Union shall determine the date or dates from which
 personal data may be supplied by Member States to the United Kingdom pursuant to this Title.
 3. Pending the outcome of the evaluation referred to in paragraph 1, from the date of the
 entry into force of this Agreement, Member States may supply to the United Kingdom personal data
 as referred to in Articles LAW.PRUM.8 [Automated searching of DNA profiles], LAW.PRUM.9
 [Automated comparison of DNA profiles], LAW.PRUM.12 [Automated searching of dactyloscopic
 data] and LAW.PRUM.14 [Supply of further personal data and other information] until the date or
 dates determined by the Union in accordance with paragraph 2 of this Article, but not longer than
 nine months after the entry into force of this Agreement. The Specialised Committee on Law
 Enforcement and Judicial Cooperation may extend this period once by a maximum of nine months.
 Article LAW.PRUM.19: Suspension and disapplication
 1. In the event that the Union considers it necessary to amend this Title because Union law
 relating to the subject matter governed by this Title is amended substantially, or is in the process of
 being amended substantially, it may notify the United Kingdom accordingly with a view to agreeing
 on a formal amendment of this Agreement in relation to this Title. Following such notification, the
 Parties shall engage in consultations.
 2. Where within nine months of that notification the Parties have not reached an agreement
 amending this Title, the Union may decide to suspend the application of this Title or any provisions
 of this Title for a period of up to nine months. Before the end of that period, the Parties may agree
 on an extension of the suspension for an additional period of up to nine months. If by the end of the
 suspension period the Parties have not reached an agreement amending this Title, the suspended
 provisions shall cease to apply on the first day of the month following the expiry of the suspension
 period, unless the Union informs the United Kingdom that it no longer seeks any amendment to this
 Title. In that case, the suspended provisions of this Title shall be reinstated.
 3. If any of the provisions of this Title are suspended under this Article, the Specialised
 Committee on Law Enforcement and Judicial Cooperation shall meet to decide what steps are
 needed to ensure that any cooperation initiated under this Title and affected by the suspension is
 concluded in an appropriate manner. In any event, with regard to all personal data obtained through
 cooperation under this Title before the provisions concerned by the suspension provisionally cease
 to apply, the Parties shall ensure that the level of protection under which the personal data were
 transferred is maintained after the suspension takes effect.
 78
 Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on
 the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ
 EU L 210, 6.8.2008, p. 12).
 308
 ---pagebreak--- TITLE III: TRANSFER AND PROCESSING OF PASSENGER NAME RECORD DATA
 Article LAW.PNR.18: Scope
 1. This Title lays down rules under which passenger name record data may be transferred to,
 processed and used by the United Kingdom competent authority for flights between the Union and
 the United Kingdom, and establishes specific safeguards in that regard.
 2. This Title applies to air carriers operating passenger flights between the Union and the
 United Kingdom.
 3. This Title also applies to air carriers incorporated, or storing data, in the Union and operating
 passenger flights to or from the United Kingdom.
 4. This Title also provides for police and judicial cooperation in criminal matters between the
 United Kingdom and the Union in respect of PNR data.
 Article LAW.PNR.19: Definitions
 For the purposes of this Title, the following definitions apply:
 (a) “air carrier” means an air transport undertaking with a valid operating licence or equivalent
 permitting it to carry out carriage of passengers by air between the United Kingdom and the
 Union;
 (b) “passenger name record” (“PNR”) means a record of each passenger's travel requirements
 which contains information necessary to enable reservations to be processed and controlled
 by the booking and participating air carriers for each journey booked by or on behalf of any
 person, whether it is contained in reservation systems, departure control systems used to
 check passengers into flights, or equivalent systems providing the same functionalities;
 specifically, as used in this Title, PNR data consists of the elements set out in ANNEX LAW-2;
 (c) “United Kingdom competent authority” means the United Kingdom authority responsible for
 receiving and processing PNR data under this Agreement; if the United Kingdom has more
 than one competent authority it shall provide a passenger data single window facility that
 allows air carriers to transfer PNR data to a single data transmission entry point and shall
 designate a single point of contact for the purpose of receiving and making requests under
 Article LAW.PNR.22 [Police and judicial Cooperation];
 (d) “Passenger Information Units” (“PIUs”) means the Units established or designated by Member
 States that are responsible for receiving and processing PNR data;
 (e) “terrorism” means any offence listed in ANNEX LAW-7;
 (f) “serious crime” means any offence punishable by a custodial sentence or detention order for
 a maximum period of at least three years under the domestic law of the United Kingdom.
 Article LAW.PNR.20: Purposes of the use of PNR data
 1. The United Kingdom shall ensure that PNR data received pursuant to this Title is processed
 strictly for the purposes of preventing, detecting, investigating or prosecuting terrorism or serious
 309
 ---pagebreak--- crime and for the purposes of overseeing the processing of PNR data within the terms set out in this
 Agreement.
 2. In exceptional cases, the United Kingdom competent authority may process PNR data where
 necessary to protect the vital interests of any natural person, such as:
 (a) a risk of death or serious injury; or
 (b) a significant public health risk, in particular as identified under internationally recognised
 standards.
 3. The United Kingdom competent authority may also process PNR data on a case-by-case basis
 where the disclosure of relevant PNR data is compelled by a United Kingdom court or administrative
 tribunal in a proceeding directly related to any of the purposes referred to in paragraph 1.
 Article LAW.PNR.21: Ensuring PNR data is provided
 1. The Union shall ensure that air carriers are not prevented from transferring PNR data to the
 United Kingdom competent authority pursuant to this Title.
 2. The Union shall ensure that air carriers may transfer PNR data to the United Kingdom
 competent authority through authorised agents, who act on behalf of and under the responsibility of
 an air carrier, pursuant to this Title.
 3. The United Kingdom shall not require an air carrier to provide elements of PNR data which
 are not already collected or held by the air carrier for reservation purposes.
 4. The United Kingdom shall delete any data transferred to it by an air carrier pursuant to this
 Title upon receipt of that data, if that data element is not listed in ANNEX LAW-2.
 Article LAW.PNR.22: Police and judicial cooperation
 1. The United Kingdom competent authority shall share with Europol or Eurojust, within the
 scope of their respective mandates, or with the PIUs of the Member States all relevant and
 appropriate analytical information containing PNR data as soon as possible in specific cases where
 necessary to prevent, detect, investigate, or prosecute terrorism or serious crime.
 2. At the request of Europol or Eurojust, within the scope of their respective mandates, or of
 the PIU of a Member State, the United Kingdom competent authority shall share PNR data, the
 results of processing those data, or analytical information containing PNR data, in specific cases
 where necessary to prevent, detect, investigate, or prosecute terrorism or serious crime.
 3. The PIUs of the Member States shall share with the United Kingdom competent authority all
 relevant and appropriate analytical information containing PNR data as soon as possible in specific
 cases where necessary to prevent, detect, investigate, or prosecute terrorism or serious crime.
 4. At the request of the United Kingdom competent authority, the PIUs of the Member States
 shall share PNR data, the results of processing those data, or analytical information containing PNR
 data, in specific cases where necessary to prevent, detect, investigate, or prosecute terrorism or
 serious crime.
 310
 ---pagebreak--- 5. The Parties shall ensure that the information referred to in paragraphs 1 to 4 is shared in
 accordance with agreements and arrangements on law enforcement or information sharing
 between the United Kingdom and Europol, Eurojust, or the relevant Member State. In particular, the
 exchange of information with Europol under this Article shall take place through the secure
 communication line established for the exchange of information through Europol.
 6. The United Kingdom competent authority and the PIUs of the Member States shall ensure
 that only the minimum amount of PNR data necessary is shared under paragraphs 1 to 4.
 Article LAW.PNR.23: Non-discrimination
 The United Kingdom shall ensure that the safeguards applicable to the processing of PNR data apply
 to all natural persons on an equal basis without unlawful discrimination.
 Article LAW.PNR.24: Use of special categories of personal data
 Any processing of special categories of personal data shall be prohibited under this Title. To the
 extent that any PNR data which is transferred to the United Kingdom competent authority includes
 special categories of personal data, the United Kingdom competent authority shall delete such data.
 Article LAW.PNR.25: Data security and integrity
 1. The United Kingdom shall implement regulatory, procedural or technical measures to
 protect PNR data against accidental, unlawful or unauthorised access, processing or loss.
 2. The United Kingdom shall ensure compliance verification and the protection, security,
 confidentiality, and integrity of the data. In that regard, the United Kingdom shall:
 (a) apply encryption, authorisation, and documentation procedures to the PNR data;
 (b) limit access to PNR data to authorised officials;
 (c) hold PNR data in a secure physical environment that is protected with access controls; and
 (d) establish a mechanism that ensures that PNR data queries are conducted in a manner
 consistent with Article LAW.PNR.20 [Purposes of the use of PNR data].
 3. If a natural person’s PNR data is accessed or disclosed without authorisation, the United
 Kingdom shall take measures to notify that natural person, to mitigate the risk of harm, and to take
 remedial action.
 4. The United Kingdom competent authority shall promptly inform the Specialised Committee
 on Law Enforcement and Judicial Cooperation of any significant incident of accidental, unlawful or
 unauthorised access, processing or loss of PNR data.
 5. The United Kingdom shall ensure that any breach of data security, in particular any breach
 leading to accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure
 or access, or any unlawful forms of processing, are subject to effective and dissuasive corrective
 measures which may include sanctions.
 311
 ---pagebreak--- Article LAW.PNR.26: Transparency and notification of passengers
 1. The United Kingdom competent authority shall make the following available on its website:
 (a) a list of the legislation authorising the collection of PNR data;
 (b) the purposes for the collection of PNR data;
 (c) the manner of protecting PNR data;
 (d) the manner and extent to which PNR data may be disclosed;
 (e) information regarding the rights of access, correction, notation and redress; and
 (f) contact information for inquiries.
 2. The Parties shall work with interested third parties, such as the aviation and air travel
 industry, to promote transparency at the time of booking regarding the purpose of the collection,
 processing and use of PNR data, and regarding how to request access, correction and redress. Air
 carriers shall provide passengers with clear and meaningful information in relation to the transfer of
 PNR data under this Title, including the details of the recipient authority, the purpose of the transfer
 and the right to request from the recipient authority, access to and correction of the personal data
 of the passenger that has been transferred.
 3. Where PNR data retained in accordance with Article LAW.PNR.28 [Retention of PNR data]
 has been used subject to the conditions set out in Article LAW.PNR.29 [Conditions for the use of PNR
 data] or has been disclosed in accordance with Article LAW.PNR.31 [Disclosure within the United
 Kingdom] or Article LAW.PNR.32 [Disclosure outside the United Kingdom], the United Kingdom shall
 notify the passengers concerned in writing, individually and within a reasonable time once such
 notification is no longer liable to jeopardise the investigations by the public authorities concerned to
 the extent that the relevant contact information of the passengers is available or can be retrieved,
 taking into account reasonable efforts. The notification shall include information on how the natural
 person concerned can seek administrative or judicial redress.
 Article LAW.PNR.27: Automated processing of PNR data
 1. The United Kingdom competent authority shall ensure that any automated processing of
 PNR data is based on non-discriminatory, specific and reliable pre-established models and criteria to
 enable it to:
 (a) arrive at results targeting natural persons who might be under a reasonable suspicion of
 involvement or participation in terrorism or serious crime; or
 (b) in exceptional circumstances, protect the vital interests of any natural person as set out in
 Article LAW.PNR.20(2) [Purposes of the use of PNR data].
 2. The United Kingdom competent authority shall ensure that the databases against which PNR
 data are compared are reliable, up to date and limited to those databases it uses in relation to the
 purposes set out in Article LAW.PNR.20 [Purposes of the use of PNR data].
 3. The United Kingdom shall not take any decision adversely affecting a natural person in a
 significant manner solely on the basis of automated processing of PNR data.
 312
 ---pagebreak--- Article LAW.PNR.28: Retention of PNR data
 1. The United Kingdom shall not retain PNR data for more than five years from the date that it
 receives the PNR data.
 2. No later than six months after the transfer of the PNR data referred to in paragraph 1, all
 PNR data shall be depersonalised by masking out the following data elements which could serve to
 identify directly the passenger to whom the PNR data relate or any other natural person:
 (a) names, including the names of other passengers on the PNR and number of passengers on the
 PNR travelling together;
 (b) addresses, telephone numbers and electronic contact information of the passenger, the
 persons who made the flight reservation for the passenger, persons through whom the air
 passenger may be contacted and persons who are to be informed in the event of an
 emergency;
 (c) all available payment and billing information, to the extent that it contains any information
 which could serve to identify a natural person;
 (d) frequent flyer information;
 (e) other supplementary information (OSI), special service information (SSI) and special service
 request (SSR) information, to the extent that they contain any information which could serve
 to identify a natural person; and
 (f) any advance passenger information (API) data that have been collected.
 3. The United Kingdom competent authority may unmask PNR data only if it is necessary to
 carry out investigations for the purposes set out in Article LAW.PNR.20 [Purposes of the use of PNR
 data]. Such unmasked PNR data shall be accessible only to a limited number of specifically
 authorised officials.
 4. Notwithstanding paragraph 1, the United Kingdom shall delete the PNR data of passengers
 after their departure from the country unless a risk assessment indicates the need to retain such
 PNR data. In order to establish that need, the United Kingdom shall identify objective evidence from
 which it may be inferred that certain passengers present the existence of a risk in terms of the fight
 against terrorism and serious crime.
 5. For the purposes of paragraph 4, unless information is available on the exact date of
 departure, the date of departure should be considered as the last day of the period of maximum
 lawful stay in the United Kingdom of the passenger concerned.
 6. The use of the data retained under this Article is subject to the conditions laid down in
 Article LAW.PNR.29 [Conditions for the use of PNR].
 7. An independent administrative body in the United Kingdom shall assess on a yearly basis the
 approach applied by the United Kingdom competent authority as regards the need to retain PNR
 data pursuant to paragraph 4.
 313
 ---pagebreak--- 8. Notwithstanding paragraphs 1, 2 and 4, the United Kingdom may retain PNR data required
 for any specific action, review, investigation, enforcement action, judicial proceeding, prosecution,
 or enforcement of penalties, until concluded.
 9. The United Kingdom shall delete the PNR data at the end of the PNR data retention period.
 10. Paragraph 11 applies due to the special circumstances that prevent the United Kingdom
 from making the technical adjustments necessary to transform the PNR processing systems which
 the United Kingdom operated whilst Union law applied to it into systems which would enable PNR
 data to be deleted in accordance with paragraph 4.
 11. The United Kingdom may derogate from paragraph 4 on a temporary basis for an interim
 period, the duration of which is provided for in paragraph 13, pending the implementation by the
 United Kingdom of technical adjustments as soon as possible. During the interim period, the United
 Kingdom competent authority shall prevent the use of the PNR data that is to be deleted in
 accordance with paragraph 4 by applying the following additional safeguards to that PNR data:
 (a) the PNR data shall be accessible only to a limited number of authorised officials and only
 where necessary to determine whether the PNR data should be deleted in accordance with
 paragraph 4;
 (b) the request to use the PNR data shall be refused in cases where the data is to be deleted in
 accordance with paragraph 4, and no further access shall be granted to that data where the
 documentation referred to in point (d) of this paragraph indicates that an earlier request for
 use has been refused;
 (c) deletion of the PNR data shall be ensured as soon as possible using best efforts, taking into
 account the special circumstances referred to in paragraph 10; and
 (d) the following shall be documented in accordance with Article LAW.PNR.30 [Logging and
 documenting of PNR data processing], and such documentation shall be made available to the
 independent administrative body referred to in paragraph 7 of this Article:
 (i) any requests to use the PNR data;
 (ii) the date and time of the access to the PNR data for the purpose of assessing whether
 deletion of the PNR data was required;
 (iii) that the request to use the PNR data was refused on the basis that the PNR data
 should have been deleted under paragraph 4, including the date and time of the
 refusal; and
 (iv) the date and time of the deletion of the PNR data in accordance with point (c) of this
 paragraph.
 12. The United Kingdom shall provide to the Specialised Committee on Law Enforcement and
 Judicial Cooperation, nine months after the entry into force of this Agreement and again a year later
 if the interim period is extended for a further year:
 (a) a report from the independent administrative body referred to in paragraph 7 of this Article,
 which shall include the opinion of the United Kingdom supervisory authority referred to in
 314
 ---pagebreak--- Article LAW.GEN.4(3) [Protection of personal data] as to whether the safeguards provided for
 in paragraph 11 of this Article have been effectively applied; and
 (b) the assessment of the United Kingdom of whether the special circumstances referred to in
 paragraph 10 of this Article persist, together with a description of the efforts made to
 transform the PNR processing systems of the United Kingdom into systems which would
 enable PNR data to be deleted in accordance with paragraph 4 of this Article.
 13. The Specialised Committee on Law Enforcement and Judicial Cooperation shall meet within
 one year of the entry into force of this Agreement to consider the report and assessment provided
 under paragraph 12. Where the special circumstances referred to in paragraph 10 persist, the
 Partnership Council shall extend the interim period referred to in paragraph 11 for one year. The
 Partnership Council shall extend the interim period for one further final year, under the same
 conditions and following the same procedure as for the first extension where, in addition,
 substantial progress has been made, although it has not yet been possible to transform the United
 Kingdom PNR processing systems into systems which would enable PNR data to be deleted in
 accordance with paragraph 4.
 14. If the United Kingdom considers that a refusal by the Partnership Council to grant either of
 those extensions was not justified, it may suspend this Title with one month’s notice.
 15. On the third anniversary of the date of entry into force of this Agreement, paragraphs 10 to
 14 shall cease to apply.
 Article LAW.PNR.29: Conditions for the use of PNR data
 1. The United Kingdom competent authority may use PNR data retained in accordance with
 Article LAW.PNR.28 [Retention of PNR data] for purposes other than security and border control
 checks, including any disclosure under Article LAW.PNR.31 [Disclosure within the United Kingdom]
 and Article LAW.PNR.32 [Disclosure outside the United Kingdom], only where new circumstances
 based on objective grounds indicate that the PNR data of one or more passengers might make an
 effective contribution to the attainment of the purposes set out in Article LAW.PNR.20 [Purposes of
 the use of PNR data].
 2. Use of PNR data by the United Kingdom competent authority in accordance with paragraph
 1 shall be subject to prior review by a court or by an independent administrative body in the United
 Kingdom based on a reasoned request by the United Kingdom competent authority submitted
 within the domestic legal framework of procedures for the prevention, detection or prosecution of
 crime, except:
 (a) in cases of validly established urgency; or
 (b) for the purpose of verifying the reliability and currency of the pre-established models and
 criteria on which the automated processing of PNR data is based, or of defining new models
 and criteria for such processing.
 Article LAW.PNR.30: Logging and documenting of PNR data processing
 The United Kingdom competent authority shall log and document all processing of PNR data. It shall
 only use such logging or documentation to:
 (a) self-monitor and to verify the lawfulness of data processing;
 315
 ---pagebreak--- (b) ensure proper data integrity;
 (c) ensure the security of data processing; and
 (d) ensure oversight.
 Article LAW.PNR.31: Disclosure within the United Kingdom
 1. The United Kingdom competent authority shall not disclose PNR data to other public
 authorities in the United Kingdom unless the following conditions are met:
 (a) the PNR data is disclosed to public authorities whose functions are directly related to the
 purposes set out in Article LAW.PNR.20 [Purposes of the use of PNR data];
 (b) the PNR data is disclosed only on a case-by-case basis;
 (c) the disclosure is necessary, in the particular circumstances, for the purposes set out in Article
 LAW.PNR.20 [Purposes of the use of PNR data];
 (d) only the minimum amount of PNR data necessary is disclosed;
 (e) the receiving public authority affords protection equivalent to the safeguards described in this
 Title; and
 (f) the receiving public authority does not disclose the PNR data to another entity unless the
 disclosure is authorised by the United Kingdom competent authority in accordance with the
 conditions laid down in this paragraph.
 2. When transferring analytical information containing PNR data obtained under this Title, the
 safeguards set out in this Article shall apply.
 Article LAW.PNR.32: Disclosure outside the United Kingdom
 1. The United Kingdom shall ensure that the United Kingdom competent authority does not
 disclose PNR data to public authorities in third countries unless all the following conditions are met:
 (a) the PNR data is disclosed to public authorities whose functions are directly related to the
 purposes set out in Article LAW.PNR.20 [Purposes of the use of PNR data];
 (b) the PNR data is disclosed only on a case-by-case basis;
 (c) the PNR data is disclosed only if necessary for the purposes set out in Article LAW.PNR.20
 [Purposes of the use of PNR data];
 (d) only the minimum amount of PNR data necessary is disclosed; and
 (e) the third country to which the PNR data is disclosed has either concluded an agreement with
 the Union that provides for the protection of personal data comparable to this Agreement or
 is subject to a decision of the European Commission pursuant to Union law that finds that the
 third country ensures an adequate level of data protection within the meaning of Union law.
 316
 ---pagebreak--- 2. As an exception to point (e) of paragraph 1, the United Kingdom competent authority may
 transfer PNR data to a third country if:
 (a) the head of that authority, or a senior official specifically mandated by the head, considers
 that the disclosure is necessary for the prevention and investigation of a serious and imminent
 threat to public security or to protect the vital interests of any natural person; and
 (b) the third country provides a written assurance, pursuant to an arrangement, agreement or
 otherwise, that the information shall be protected in line with the safeguards applicable under
 United Kingdom law to the processing of PNR data received from the Union, including those
 set out in this Title.
 3. A transfer in accordance with paragraph 2 of this Article shall be documented. Such
 documentation shall be made available to the supervisory authority referred to in Article
 LAW.GEN.4(3) [Protection of personal data] on request, including the date and time of the transfer,
 information about the receiving authority, the justification for the transfer and the PNR data
 transferred.
 4. If, in accordance with paragraph 1 or 2, the United Kingdom competent authority discloses
 PNR data collected under this Title that originates in a Member State, the United Kingdom
 competent authority shall notify the authorities of that Member State of the disclosure at the
 earliest appropriate opportunity. The United Kingdom shall make that notification in accordance
 with agreements or arrangements on law enforcement or information sharing between the United
 Kingdom and that Member State.
 5. When transferring analytical information containing PNR data obtained under this Title, the
 safeguards set out in this Article shall apply.
 Article LAW.PNR.33: Method of transfer
 Air carriers shall transfer PNR data to the United Kingdom competent authority exclusively on the
 basis of the ‘push method’, a method by which air carriers transfer PNR data into the database of
 the United Kingdom competent authority, and in accordance with the following procedures to be
 observed by air carriers, by which they:
 (a) transfer PNR data by electronic means in compliance with the technical requirements of the
 United Kingdom competent authority or, in the case of a technical failure, by any other
 appropriate means ensuring an appropriate level of data security;
 (b) transfer PNR data using a mutually accepted messaging format; and
 (c) transfer PNR data in a secure manner using common protocols as required by the United
 Kingdom competent authority.
 Article LAW.PNR.34: Frequency of transfer
 1. The United Kingdom competent authority shall require air carriers to transfer the PNR data:
 (a) initially from no earlier than 96 hours before the scheduled flight service departure time; and
 (b) a maximum number of five times as specified by the United Kingdom competent authority.
 317
 ---pagebreak--- 2. The United Kingdom competent authority shall permit air carriers to limit the transfer
 referred to in point (b) of paragraph 1 to updates of the PNR data transferred as referred to in point
 (a) of that paragraph.
 3. The United Kingdom competent authority shall inform air carriers of the specified times for
 the transfers.
 4. In specific cases where there is an indication that additional access to PNR data is necessary
 to respond to a specific threat related to the purposes set out in Article LAW.PNR.20 [Purposes of
 the use of PNR data], the United Kingdom competent authority may require an air carrier to provide
 PNR data prior to, between or after the scheduled transfers. In exercising that discretion, the United
 Kingdom competent authority shall act judiciously and proportionately, and shall use the method of
 transfer described in Article LAW.PNR.33 [Method of transfer].
 Article LAW.PNR.35: Cooperation
 The United Kingdom competent authority and the PIUs of the Member States shall cooperate to
 pursue the coherence of their PNR data processing regimes in a manner that further enhances the
 security of individuals in the United Kingdom, the Union and elsewhere.
 Article LAW.PNR.36: Non-derogation
 This Title shall not be construed as derogating from any obligation between the United Kingdom and
 Member States or third countries to make or respond to a request under a mutual assistance
 instrument.
 Article LAW.PNR.37: Consultation and review
 1. The Parties shall advise each other of any measure that is to be enacted that may affect this
 Title.
 2. When carrying out joint reviews of this Title as referred to in Article LAW.OTHER.135(1)
 [Review and evaluation], the Parties shall pay particular attention to the necessity and
 proportionality of processing and retaining PNR data for each of the purposes set out in Article
 LAW.PNR.20 [Purposes of the use of PNR data]. The joint reviews shall also include an examination
 of how the United Kingdom competent authority has ensured that the pre-established models,
 criteria and databases referred to in Article LAW.PNR.27 [Automated processing of PNR data] are
 reliable, relevant and current, taking into account statistical data.
 Article LAW.PNR 38: Suspension of cooperation under this Title
 1. In the event that either Party considers that the continued operation of this Title is no longer
 appropriate, it may notify the other Party accordingly of its intention to suspend the application of
 this Title. Following such notification, the Parties shall engage in consultations.
 2. Where within 6 months of that notification the Parties have not reached a resolution, either
 Party may decide to suspend the application of this Title for a period of up to 6 months. Before the
 end of that period, the Parties may agree an extension of the suspension for an additional period of
 up to 6 months. If by the end of the suspension period the Parties have not reached a resolution
 with respect to this Title, this Title shall cease to apply on the first day of the month following the
 expiry of the suspension period, unless the notifying Party informs the other Party that it wishes to
 withdraw the notification. In that case, the provisions of this Title shall be reinstated.
 318
 ---pagebreak--- 3. If this Title is suspended under this Article, the Specialised Committee on Law Enforcement
 and Judicial Cooperation shall meet to decide what steps are needed to ensure that any cooperation
 initiated under this Title that is affected by the suspension is concluded in an appropriate manner. In
 any event, with regard to all personal data obtained through cooperation under this Title before the
 provisions concerned by the suspension provisionally cease to apply, the Parties shall ensure that
 the level of protection under which the personal data were transferred is maintained after the
 suspension takes effect.
 319
 ---pagebreak--- TITLE IV: COOPERATION ON OPERATIONAL INFORMATION
 Article LAW.OPCO.1: Cooperation on Operational Information
 1. The objective of this Title is for the Parties to ensure that the competent authorities of the
 United Kingdom and of the Member States are able to, subject to the conditions of their domestic
 law and within the scope of their powers, and to the extent that this is not provided for in other
 Titles of this Part, assist each other through the provision of relevant information for the purposes
 of:
 (a) the prevention, investigation, detection or prosecution of criminal offences;
 (b) the execution of criminal penalties;
 (c) safeguarding against, and the prevention of, threats to public safety; and
 (d) the prevention and combating of money laundering and the financing of terrorism.
 2. For the purposes of this Title, a “competent authority” means a domestic police, customs or
 other authority that is competent under domestic law to undertake activities for the purposes set
 out in paragraph 1.
 3. Information, including information on wanted and missing persons as well as objects, may
 be requested by a competent authority of the United Kingdom or of a Member State, or provided
 spontaneously to a competent authority of the United Kingdom or of a Member State. Information
 may be provided in response to a request or spontaneously, subject to the conditions of the
 domestic law which applies to the providing competent authority and within the scope of its powers.
 4. Information may be requested and provided to the extent that the conditions of the
 domestic law which applies to the requesting or providing competent authority do not stipulate that
 the request or provision of information has to be made or channelled via judicial authorities.
 5. In urgent cases, the providing competent authority shall respond to a request, or provide
 information spontaneously, as soon as possible.
 6. A competent authority of the requesting State may, in accordance with relevant domestic
 law, at the time of making the request or at a later point in time, seek consent from the providing
 State for the information to be used for evidential purposes in proceedings before a judicial
 authority. The providing State may, subject to the conditions set out in Title VIII [Mutual Legal
 Assistance] and the conditions of the domestic law which applies to it, consent to the information
 being used for evidential purposes before a judicial authority in the requesting State. Equally, where
 information is provided spontaneously, the providing State may consent to the information being
 used for evidential purposes in proceedings before a judicial authority in the receiving State. Where
 consent is not given under this paragraph, the information received shall not be used for evidential
 purposes in proceedings before a judicial authority.
 7. The providing competent authority may, under relevant domestic law, impose conditions on
 the use of the information provided.
 8. A competent authority may provide under this Title any type of information which it holds,
 subject to the conditions of the domestic law which applies to it and within the scope of its powers.
 320
 ---pagebreak--- This may include information from other sources, only if onward transfer of that information is
 permitted in the framework under which it was obtained by the providing competent authority.
 9. Information may be provided under this Title via any appropriate communication channel,
 including the secure communication line for the purpose of provision of information through
 Europol.
 10. This Article shall not affect the operation or conclusion of bilateral agreements between the
 United Kingdom and Member States, provided that the Member States act in compliance with Union
 law. It shall also not affect any other powers which are available to the competent authorities of the
 United Kingdom or of the Member States under applicable domestic or international law to provide
 assistance through the sharing of information for the purposes set out in paragraph 1.
 TITLE V: COOPERATION WITH EUROPOL
 Article LAW.EUROPOL.46: Objective
 The objective of this Title is to establish cooperative relations between Europol and the competent
 authorities of the United Kingdom in order to support and strengthen the action by the Member
 States and the United Kingdom, as well as their mutual cooperation in preventing and combating
 serious crime, terrorism and forms of crime which affect a common interest covered by a Union
 policy, as referred to in Article LAW.EUROPOL.48 [Forms of crime].
 Article LAW.EUROPOL.47: Definitions
 For the purposes of this Title, the following definitions apply:
 (a) “Europol” means the European Union Agency for Law Enforcement Cooperation, set up under
 Regulation (EU) 2016/79479 (the “Europol Regulation”);
 (b) “competent authority” means, for the Union, Europol and, for the United Kingdom, a
 domestic law enforcement authority responsible under domestic law for preventing and
 combating criminal offences;
 Article LAW.EUROPOL.48: Forms of crime
 1. The cooperation established under this Title relates to the forms of crime within Europol’s
 competence, as listed in ANNEX LAW-3, including related criminal offences.
 2. Related criminal offences are criminal offences committed in order to procure the means of
 committing the forms of crime referred to in paragraph 1, criminal offences committed in order to
 facilitate or carry out such crimes, and criminal offences committed to ensure impunity for such
 crimes.
 3. Where the list of forms of crime for which Europol is competent under Union law is changed,
 the Specialised Committee on Law Enforcement and Judicial Cooperation may, upon a proposal from
 79
 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the
 European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council
 Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ EU L 135,
 24.5.2016, p. 53).
 321
 ---pagebreak--- the Union, amend ANNEX LAW-3 accordingly from the date when the change to Europol’s
 competence enters into effect.
 Article LAW.EUROPOL.49: Scope of cooperation
 The cooperation may, in addition to the exchange of personal data under the conditions laid down in
 this Title and in accordance with the tasks of Europol as outlined in the Europol Regulation, in
 particular include:
 (a) the exchange of information such as specialist knowledge;
 (b) general situation reports;
 (c) results of strategic analysis;
 (d) information on criminal investigation procedures;
 (e) information on crime prevention methods;
 (f) participation in training activities; and
 (g) the provision of advice and support in individual criminal investigations as well as operational
 cooperation.
 Article LAW.EUROPOL.50: National contact point and liaison officers
 1. The United Kingdom shall designate a national contact point to act as the central point of
 contact between Europol and the competent authorities of the United Kingdom.
 2. The exchange of information between Europol and the competent authorities of the United
 Kingdom shall take place between Europol and the national contact point referred to in paragraph 1.
 This does not preclude, however, direct exchanges of information between Europol and the
 competent authorities of the United Kingdom, if considered appropriate by both Europol and the
 relevant competent authorities.
 3. The national contact point shall also be the central point of contact in respect of review,
 correction and deletion of personal data.
 4. To facilitate the cooperation established under this Title, the United Kingdom shall second
 one or more liaison officers to Europol. Europol may second one or more liaison officers to the
 United Kingdom.
 5. The United Kingdom shall ensure that its liaison officers have speedy and, where technically
 possible, direct access to the relevant domestic databases of the United Kingdom that are necessary
 for them to fulfil their tasks.
 6. The number of liaison officers, the details of their tasks, their rights and obligations and the
 costs involved shall be governed by working arrangements concluded between Europol and the
 competent authorities of the United Kingdom as referred to in Article LAW.EUROPOL.59 [Working
 and administrative arrangements].
 322
 ---pagebreak--- 7. Liaison officers from the United Kingdom and representatives of the competent authorities
 of the United Kingdom may be invited to operational meetings. Member State liaison officers and
 third-country liaison officers, representatives of competent authorities from the Member States and
 third countries, Europol staff and other stakeholders may attend meetings organised by the liaison
 officers or the competent authorities of the United Kingdom.
 Article LAW.EUROPOL.51: Exchanges of information
 1. Exchanges of information between the competent authorities shall comply with the
 objective and provisions of this Title. Personal data shall be processed only for the specific purposes
 referred to in paragraph 2.
 2. The competent authorities shall clearly indicate, at the latest at the moment of transferring
 personal data, the specific purpose or purposes for which the personal data are being transferred.
 For transfers to Europol, the purpose or purposes of such transfer shall be specified in line with the
 specific purposes of processing set out in the Europol Regulation. If the transferring competent
 authority has not done so, the receiving competent authority, in agreement with the transferring
 authority, shall process the personal data in order to determine their relevance as well as the
 purpose or purposes for which it is to be further processed. The competent authorities may process
 personal data for a purpose other than the purpose for which they have been provided only if
 authorised to do so by the transferring competent authority.
 3. The competent authorities receiving the personal data shall give an undertaking stating that
 such data will be processed only for the purpose for which they were transferred. The personal data
 shall be deleted as soon as they are no longer necessary for the purpose for which they were
 transferred.
 4. Europol and the competent authorities of the United Kingdom shall determine without
 undue delay, and in any event no later than six months after receipt of the personal data, if and to
 what extent those personal data are necessary for the purpose for which they were transferred and
 inform the transferring authority accordingly.
 Article LAW.EUROPOL.52: Restrictions on access to and further use of transferred personal data
 1. The transferring competent authority may indicate, at the moment of transferring personal
 data, any restriction on access thereto or the use to be made thereof, in general or specific terms,
 including as regards its onward transfer, erasure or destruction after a certain period of time, or its
 further processing. Where the need for such restrictions becomes apparent after the personal data
 have been transferred, the transferring competent authority shall inform the receiving competent
 authority accordingly.
 2. The receiving competent authority shall comply with any restriction on access or further use
 of the personal data indicated by the transferring competent authority as described in paragraph 1.
 3. Each Party shall ensure that information transferred under this Title was collected, stored
 and transferred in accordance with its respective legal framework. Each Party shall ensure, as far as
 possible, that such information has not been obtained in violation of human rights. Nor shall such
 information be transferred if, to the extent reasonably foreseeable, it could be used to request, hand
 down or execute a death penalty or any form of cruel or inhuman treatment.
 323
 ---pagebreak--- Article LAW.EUROPOL.53: Different categories of data subjects
 1. The transfer of personal data in respect of victims of a criminal offence, witnesses or other
 persons who can provide information concerning criminal offences, or in respect of persons under
 the age of 18, shall be prohibited unless such transfer is strictly necessary and proportionate in
 individual cases for preventing or combating a criminal offence.
 2. The United Kingdom and Europol shall each ensure that the processing of personal data
 under paragraph 1 is subject to additional safeguards, including restrictions on access, additional
 security measures and limitations on onward transfers.
 Article LAW.EUROPOL.54: Facilitation of flow of personal data between the United Kingdom and
 Europol
 In the interest of mutual operational benefits, the Parties shall endeavour to cooperate in the future
 with a view to ensuring that data exchanges between Europol and the competent authorities of the
 United Kingdom can take place as quickly as possible, and to consider the incorporation of any new
 processes and technical developments which might assist with that objective, while taking account
 of the fact that the United Kingdom is not a Member State.
 Article LAW.EUROPOL.55: Assessment of reliability of the source and accuracy of information
 1. The competent authorities shall indicate as far as possible, at the latest at the moment of
 transferring the information, the reliability of the source of the information on the basis of the
 following criteria:
 (a) where there is no doubt as to the authenticity, trustworthiness and competence of the
 source, or if the information is provided by a source which has proved to be reliable in all
 instances;
 (b) where the information is provided by a source which has in most instances proved to be
 reliable;
 (c) where the information is provided by a source which has in most instances proved to be
 unreliable;
 (d) where the reliability of the source cannot be assessed.
 2. The competent authorities shall indicate as far as possible, at the latest at the moment of
 transferring the information, the accuracy of the information on the basis of the following criteria:
 (a) information the accuracy of which is not in doubt;
 (b) information known personally to the source but not known personally to the official passing it
 on;
 (c) information not known personally to the source but corroborated by other information
 already recorded;
 (d) information not known personally to the source and which cannot be corroborated.
 324
 ---pagebreak--- 3. Where the receiving competent authority, on the basis of information already in its
 possession, comes to the conclusion that the assessment of information or of its source supplied by
 the transferring competent authority in accordance with paragraphs 1 and 2 needs correction, it
 shall inform that competent authority and shall attempt to agree on an amendment to the
 assessment. The receiving competent authority shall not change the assessment of information
 received or of its source without such agreement.
 4. If a competent authority receives information without an assessment, it shall attempt as far
 as possible and where possible in agreement with the transferring competent authority to assess the
 reliability of the source or the accuracy of the information on the basis of information already in its
 possession.
 5. If no reliable assessment can be made, the information shall be evaluated as provided for in
 point (d) of paragraph 1 and point (d) of paragraph 2.
 Article LAW.EUROPOL.56: Security of the information exchange
 1. The technical and organisational measures put in place to ensure the security of the
 information exchange under this Title shall be laid down in administrative arrangements between
 Europol and the competent authorities of the United Kingdom as referred to in Article
 LAW.EUROPOL.59 [Working and administrative arrangements].
 2. The Parties agree on the establishment, implementation and operation of a secure
 communication line for the purpose of the exchange of information between Europol and the
 competent authorities of the United Kingdom.
 3. Administrative arrangements between Europol and the competent authorities of the United
 Kingdom as referred to in Article LAW.EUROPOL.58 [Exchange of classified and sensitive non-
 classified information] shall regulate the secure communication line’s terms and conditions of use.
 Article LAW.EUROPOL.57: Liability for unauthorised or incorrect personal data processing
 1. The competent authorities shall be liable, in accordance with their respective legal
 frameworks, for any damage caused to an individual as a result of legal or factual errors in
 information exchanged. In order to avoid liability under their respective legal frameworks vis-à-vis an
 injured party, neither Europol nor the competent authorities of the United Kingdom may plead that
 the other competent authority had transferred inaccurate information.
 2. If damages are awarded either against Europol or against the competent authorities of the
 United Kingdom because of the use by either of them of information which was erroneously
 communicated by the other, or communicated as a result of a failure on the part of the other to
 comply with their obligations, the amount paid as compensation under paragraph 1 either by
 Europol or by the competent authorities of the United Kingdom shall be repaid by the other, unless
 the information was used in breach of this Title.
 3. Europol and the competent authorities of the United Kingdom shall not require each other
 to pay for punitive or non-compensatory damages under paragraphs 1 and 2.
 Article LAW.EUROPOL.58: Exchange of classified and sensitive non-classified information
 The exchange and protection of classified and sensitive non-classified information, if necessary
 under this Title, shall be regulated in working and administrative arrangements as referred to in
 325
 ---pagebreak--- Article LAW.EUROPOL.59 [Working and administrative arrangements] between Europol and the
 competent authorities of the United Kingdom.
 Article LAW.EUROPOL.59: Working and administrative arrangements
 1. The details of cooperation between the United Kingdom and Europol, as appropriate to
 complement and implement the provisions of this Title, shall be the subject of working
 arrangements in accordance with Article 23(4) of the Europol Regulation and administrative
 arrangements in accordance with Article 25(1) of the Europol Regulation concluded between
 Europol and the competent authorities of the United Kingdom.
 2. Without prejudice to any provision in this Title and while reflecting the status of the United
 Kingdom as not being a Member State, Europol and the competent authorities of the United
 Kingdom shall, subject to a decision by Europol’s Management Board, include, in working
 arrangements or administrative arrangements, as the case may be, provisions complementing or
 implementing this Title, in particular allowing for:
 (a) consultations between Europol and one or more representatives of the national contact point
 of the United Kingdom on policy issues and matters of common interest for the purpose of
 realising their objectives and coordinating their respective activities, and of furthering
 cooperation between Europol and the competent authorities of the United Kingdom;
 (b) the participation of one or more representatives of the United Kingdom as observer or
 observers in specific meetings of the Europol Heads of Unit meetings in line with the rules of
 proceedings of such meetings;
 (c) the association of one or more representatives of the United Kingdom to operational analysis
 projects, in accordance with the rules set out by the appropriate Europol governance bodies;
 (d) the specification of liaison officers’ tasks, their rights and obligations and the costs involved; or
 (e) cooperation between the competent authorities of the United Kingdom and Europol in the
 event of privacy or security breaches.
 3. The substance of working and administrative arrangements may be set out together in one
 document.
 Article LAW.EUROPOL.60: Notification of implementation
 1. The United Kingdom and Europol shall each make publicly available a document setting out
 in an intelligible form the provisions regarding the processing of personal data transferred under this
 Title including the means available for the exercise of the rights of data subjects, and shall each
 ensure that a copy of that document be provided to the other.
 2. Where not already in place, the United Kingdom and Europol shall adopt rules specifying
 how compliance with the provisions regarding the processing of personal data will be enforced in
 practice. The United Kingdom and Europol shall each send a copy of those rules to the other and to
 the respective supervisory authorities.
 326
 ---pagebreak--- Article LAW.EUROPOL.61: Powers of Europol
 Nothing in this Title shall be construed as creating an obligation on Europol to cooperate with the
 competent authorities of the United Kingdom beyond Europol’s competence as set out in the
 relevant Union law.
 327
 ---pagebreak--- TITLE VI: COOPERATION WITH EUROJUST
 Article LAW.EUROJUST.61: Objective
 The objective of this Title is to establish cooperation between Eurojust and the competent
 authorities of the United Kingdom in combating serious crimes as referred to in Article
 LAW.EUROJUST.63 [Forms of crime].
 Article LAW.EUROJUST.62: Definitions
 For the purposes of this Title, the following definitions apply:
 (a) “Eurojust” means the European Union Agency for Criminal Justice Cooperation, set up under
 Regulation (EU) 2018/172780 (the “Eurojust Regulation”);
 (b) “competent authority” means, for the Union, Eurojust, represented by the College or a
 National Member and, for the United Kingdom, a domestic authority with responsibilities
 under domestic law relating to the investigation and prosecution of criminal offences;
 (c) “College” means the College of Eurojust, as referred to in the Eurojust Regulation;
 (d) “National Member” means the National Member seconded to Eurojust by each Member
 State, as referred to in the Eurojust Regulation;
 (e) “Assistant” means a person who may assist a National Member and the National Member’s
 Deputy, or the Liaison Prosecutor, as referred to in the Eurojust Regulation and in Article
 LAW.EUROJUST.66(3) [Liaison Prosecutor] respectively;
 (f) “Liaison Prosecutor” means a public prosecutor seconded by the United Kingdom to Eurojust
 and subject to the domestic law of the United Kingdom as regards the public prosecutor’s
 status;
 (g) “Liaison Magistrate” means a magistrate posted by Eurojust to the United Kingdom in
 accordance with Article LAW.EUROJUST.67 [Liaison Magistrate];
 (h) “Domestic Correspondent for Terrorism Matters” means the contact point designated by the
 United Kingdom in accordance with Article LAW.EUROJUST.65 [Contact points to Eurojust],
 responsible for handling correspondence related to terrorism matters.
 Article LAW.EUROJUST.63: Forms of crime
 1. The cooperation established under this Title relates to the forms of serious crime within the
 competence of Eurojust, as listed in ANNEX LAW-4, including related criminal offences.
 2. Related criminal offences are the criminal offences committed in order to procure the
 means of committing forms of serious crime referred to in paragraph 1, criminal offences committed
 80
 Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on
 the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council
 Decision 2002/187/JHA (OJ EU L 295, 21.11.2018, p. 138)
 328
 ---pagebreak--- in order to facilitate or commit such serious crimes, and criminal offences committed to ensure
 impunity for such serious crimes.
 3. Where the list of forms of serious crime for which Eurojust is competent under Union law is
 changed, the Specialised Committee on Law Enforcement and Judicial Cooperation may, upon a
 proposal from the Union, amend ANNEX LAW-4 accordingly from the date when the change to
 Eurojust’s competence enters into effect.
 Article LAW.EUROJUST.64: Scope of cooperation
 The Parties shall ensure that Eurojust and the competent authorities of the United Kingdom
 cooperate in the fields of activity set out in Articles 2 and 54 of the Eurojust Regulation and in this
 Title.
 Article LAW.EUROJUST.65: Contact points to Eurojust
 1. The United Kingdom shall put in place or appoint at least one contact point to Eurojust
 within the competent authorities of the United Kingdom.
 2. The United Kingdom shall designate one of its contact points as the United Kingdom
 Domestic Correspondent for Terrorism Matters.
 Article LAW.EUROJUST.66: Liaison Prosecutor
 1. To facilitate the cooperation established under this Title, the United Kingdom shall second a
 Liaison Prosecutor to Eurojust.
 2. The mandate and the duration of the secondment shall be determined by the United
 Kingdom.
 3. The Liaison Prosecutor may be assisted by up to five Assistants, reflecting the volume of
 cooperation. When necessary, Assistants may replace the Liaison Prosecutor or act on the Liaison
 Prosecutor’s behalf.
 4. The United Kingdom shall inform Eurojust of the nature and extent of the judicial powers of
 the Liaison Prosecutor and the Liaison Prosecutor’s Assistants within the United Kingdom to
 accomplish their tasks in accordance with this Title. The United Kingdom shall establish the
 competence of its Liaison Prosecutor and the Liaison Prosecutor’s Assistants to act in relation to
 foreign judicial authorities.
 5. The Liaison Prosecutor and the Liaison Prosecutor’s Assistants shall have access to the
 information contained in the domestic criminal record, or in any other register of the United
 Kingdom, in accordance with domestic law in the case of a prosecutor or person of equivalent
 competence.
 6. The Liaison Prosecutor and the Liaison Prosecutor’s Assistants shall have the power to
 contact the competent authorities of the United Kingdom directly.
 7. The number of Assistants referred to in paragraph 3 of this Article, the details of the tasks of
 the Liaison Prosecutor and the Liaison Prosecutor’s Assistants, their rights and obligations and the
 costs involved shall be governed by a working arrangement concluded between Eurojust and the
 329
 ---pagebreak--- competent authorities of the United Kingdom as referred to in Article LAW.EUROJUST.75 [Working
 arrangement].
 8. The working documents of the Liaison Prosecutor and the Liaison Prosecutor’s Assistants
 shall be held inviolable by Eurojust.
 Article LAW.EUROJUST.67: Liaison Magistrate
 1. For the purpose of facilitating judicial cooperation with the United Kingdom in cases in which
 Eurojust provides assistance, Eurojust may post a Liaison Magistrate to the United Kingdom, in
 accordance with Article 53 of the Eurojust Regulation.
 2. The details of the Liaison Magistrate’s tasks referred to in paragraph 1 of this Article, the
 Liaison Magistrate’s rights and obligations and the costs involved, shall be governed by a working
 arrangement concluded between Eurojust and the competent authorities of the United Kingdom as
 referred to in Article LAW.EUROJUST.75 [Working arrangement].
 Article LAW.EUROJUST.68: Operational and strategic meetings
 1. The Liaison Prosecutor, the Liaison Prosecutor’s Assistants, and representatives of other
 competent authorities of the United Kingdom, including the contact point to Eurojust, may
 participate in meetings with regard to strategic matters at the invitation of the President of Eurojust
 and in meetings with regard to operational matters with the approval of the National Members
 concerned.
 2. National Members, their Deputies and Assistants, the Administrative Director of Eurojust
 and Eurojust staff may attend meetings organised by the Liaison Prosecutor, the Liaison Prosecutor’s
 Assistants, or other competent authorities of the United Kingdom, including the contact point to
 Eurojust.
 Article LAW.EUROJUST.69: Exchange of non-personal data
 Eurojust and the competent authorities of the United Kingdom may exchange any non-personal data
 in so far as those data are relevant for the cooperation under this Title, and subject to any
 restrictions pursuant to Article LAW.EUROJUST.74 [Exchange of classified and sensitive non-classified
 information].
 Article LAW.EUROJUST.70: Exchange of personal data
 1. Personal data requested and received by competent authorities under this Title shall be
 processed by them only for the objectives set out in Article LAW.EUROJUST.61 [Objective], for the
 specific purposes referred to in paragraph 2 of this Article and subject to the restrictions on access
 or further use referred to in paragraph 3 of this Article.
 2. The transferring competent authority shall clearly indicate, at the latest at the moment of
 transferring personal data, the specific purpose or purposes for which the data are being
 transferred.
 3. The transferring competent authority may indicate, at the moment of transferring personal
 data, any restriction on access thereto or the use to be made thereof, in general or specific terms,
 including as regards its onward transfer, erasure or destruction after a certain period of time, or its
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 ---pagebreak--- further processing. Where the need for such restrictions becomes apparent after the personal data
 have been provided, the transferring authority shall inform the receiving authority accordingly.
 4. The receiving competent authority shall comply with any restriction on access or further use
 of the personal data indicated by the transferring competent authority as provided for in paragraph
 3.
 Article LAW.EUROJUST.71: Channels of transmission
 1. Information shall be exchanged:
 (a) either between the Liaison Prosecutor or the Liaison Prosecutor’s Assistants or, if none is
 appointed or otherwise available, the United Kingdom’s contact point to Eurojust and the
 National Members concerned or the College;
 (b) if Eurojust has posted a Liaison Magistrate to the United Kingdom, between the Liaison
 Magistrate and any competent authority of the United Kingdom; in that event, the Liaison
 Prosecutor shall be informed of any such information exchanges; or
 (c) directly between a competent authority in the United Kingdom and the National Members
 concerned or the College; in that event, the Liaison Prosecutor and, if applicable, the Liaison
 Magistrate shall be informed of any such information exchanges.
 2. Eurojust and the competent authorities of the United Kingdom may agree to use other
 channels for the exchange of information in particular cases.
 3. Eurojust and the competent authorities of the United Kingdom shall each ensure that their
 respective representatives are authorised to exchange information at the appropriate level and in
 accordance with United Kingdom law and the Eurojust Regulation respectively, and are adequately
 screened.
 Article LAW.EUROJUST.72: Onward transfers
 The competent authorities of the United Kingdom and Eurojust shall not communicate any
 information provided by the other to any third country or international organisation without the
 consent of whichever of the competent authorities of the United Kingdom or Eurojust provided the
 information and without appropriate safeguards regarding the protection of personal data.
 Article LAW.EUROJUST.73: Liability for unauthorised or incorrect personal data processing
 1. The competent authorities shall be liable, in accordance with their respective legal
 frameworks, for any damage caused to an individual as a result of legal or factual errors in
 information exchanged. In order to avoid liability under their respective legal frameworks vis-à-vis an
 injured party, neither Eurojust nor the competent authorities of the United Kingdom may plead that
 the other competent authority had transferred inaccurate information.
 2. If damages are awarded against any competent authority because of its use of information
 which was erroneously communicated by the other, or communicated as a result of a failure on the
 part of the other to comply with their obligations, the amount paid as compensation under
 paragraph 1 by the competent authority shall be repaid by the other, unless the information was
 used in breach of this Title.
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 ---pagebreak--- 3. Eurojust and the competent authorities of the United Kingdom shall not require each other
 to pay for punitive or non-compensatory damages under paragraphs 1 and 2.
 Article LAW.EUROJUST.74: Exchange of classified and sensitive non-classified information
 The exchange and protection of classified and sensitive non-classified information, if necessary
 under this Title, shall be regulated by a working arrangement as referred to in Article
 LAW.EUROJUST.75 [Working arrangement] concluded between Eurojust and the competent
 authorities of the United Kingdom.
 Article LAW.EUROJUST.75: Working arrangement
 The modalities of cooperation between the Parties as appropriate to implement this Title shall be
 the subject of a working arrangement concluded between Eurojust and the competent authorities of
 the United Kingdom in accordance with Articles 47(3) and 56(3) of the Eurojust Regulation.
 Article LAW.EUROJUST.76: Powers of Eurojust
 Nothing in this Title shall be construed as creating an obligation on Eurojust to cooperate with the
 competent authorities of the United Kingdom beyond Eurojust‘s competence as set out in the
 relevant Union law.
 TITLE VII: SURRENDER
 Article LAW.SURR.76: Objective
 The objective of this Title is to ensure that the extradition system between the Member States, on
 the one side, and the United Kingdom, on the other side, is based on a mechanism of surrender
 pursuant to an arrest warrant in accordance with the terms of this Title.
 Article LAW.SURR.77: Principle of proportionality
 Cooperation through the arrest warrant shall be necessary and proportionate, taking into account
 the rights of the requested person and the interests of the victims, and having regard to the
 seriousness of the act, the likely penalty that would be imposed and the possibility of a State taking
 measures less coercive than the surrender of the requested person particularly with a view to
 avoiding unnecessarily long periods of pre-trial detention.
 Article LAW.SURR.78: Definitions
 For the purposes of this Title, the following definitions apply:
 (a) “arrest warrant” means a judicial decision issued by a State with a view to the arrest and
 surrender by another State of a requested person, for the purposes of conducting a criminal
 prosecution or executing a custodial sentence or detention order;
 (b) “judicial authority” means an authority that is, under domestic law, a judge, a court or a public
 prosecutor. A public prosecutor is considered a judicial authority only to the extent that
 domestic law so provides;
 (c) “executing judicial authority” means the judicial authority of the executing State which is
 competent to execute the arrest warrant by virtue of the domestic law of that State;
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 ---pagebreak--- (d) “issuing judicial authority” means the judicial authority of the issuing State which is competent
 to issue an arrest warrant by virtue of the domestic law of that State.
 Article LAW.SURR.79: Scope
 1. An arrest warrant may be issued for acts punishable by the law of the issuing State by a
 custodial sentence or a detention order for a maximum period of at least 12 months or, where a
 sentence has been passed or a detention order has been made, for sentences or detention orders of
 at least four months.
 2. Without prejudice to paragraphs 3 and 4, surrender is subject to the condition that the acts
 for which the arrest warrant has been issued constitute an offence under the law of the executing
 State, whatever the constituent elements or however it is described.
 3. Subject to Article LAW.SURR.80 [Grounds for mandatory non-execution of the arrest
 warrant], points (b) to (h) of Article LAW.SURR.81(1) [Other grounds for non-execution of the arrest
 warrant], Article LAW.SURR.82 [Political offence exception], Article LAW.SURR.83 [Nationality
 exception] and Article LAW.SURR.84 [Guarantees to be given by the issuing State in particular cases],
 a State shall not refuse to execute an arrest warrant issued in relation to the following behaviour
 where such behaviour is punishable by deprivation of liberty or a detention order of a maximum
 period of at least 12 months:
 (a) the behaviour of any person who contributes to the commission by a group of persons acting
 with a common purpose of one or more offences in the field of terrorism referred to in
 Articles 1 and 2 of the European Convention on the Suppression of Terrorism, done at
 Strasbourg on 27 January 1977, or in relation to illicit trafficking in narcotic drugs and
 psychotropic substances, or murder, grievous bodily injury, kidnapping, illegal restraint,
 hostage-taking or rape, even where that person does not take part in the actual execution of
 the offence or offences concerned; such contribution must be intentional and made with the
 knowledge that the participation will contribute to the achievement of the group’s criminal
 activities; or
 (b) terrorism as defined in ANNEX LAW-7.
 4. The United Kingdom and the Union, acting on behalf of any of its Member States, may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation that, on the basis of
 reciprocity, the condition of double criminality referred to in paragraph 2 will not be applied,
 provided that the offence on which the warrant is based is:
 (a) one of the offences listed in paragraph 5, as defined by the law of the issuing State; and
 (b) punishable in the issuing State by a custodial sentence or a detention order for a maximum
 period of at least three years.
 5. The offences referred to in paragraph 4 are:
  participation in a criminal organisation;
  terrorism as defined in ANNEX LAW-7;
  trafficking in human beings;
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 ---pagebreak---  sexual exploitation of children and child pornography;
  illicit trafficking in narcotic drugs and psychotropic substances;
  illicit trafficking in weapons, munitions and explosives;
  corruption, including bribery;
  fraud, including that affecting the financial interests of the United Kingdom, a Member State
 or the Union;
  laundering of the proceeds of crime;
  counterfeiting currency;
  computer-related crime;
  environmental crime, including illicit trafficking in endangered animal species and endangered
 plant species and varieties;
  facilitation of unauthorised entry and residence;
  murder;
  grievous bodily injury;
  illicit trade in human organs and tissue;
  kidnapping, illegal restraint and hostage-taking;
  racism and xenophobia;
  organised or armed robbery;
  illicit trafficking in cultural goods, including antiques and works of art;
  swindling;
  racketeering and extortion;
  counterfeiting and piracy of products;
  forgery of administrative documents and trafficking therein;
  forgery of means of payment;
  illicit trafficking in hormonal substances and other growth promoters;
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 ---pagebreak---  illicit trafficking in nuclear or radioactive materials;
  trafficking in stolen vehicles;
  rape;
  arson;
  crimes within the jurisdiction of the International Criminal Court;
  unlawful seizure of aircraft, ships or spacecraft; and
  sabotage.
 Article LAW.SURR.80: Grounds for mandatory non-execution of the arrest warrant
 The execution of the arrest warrant shall be refused:
 (a) if the offence on which the arrest warrant is based is covered by an amnesty in the executing
 State, where that State had jurisdiction to prosecute the offence under its own criminal law;
 (b) if the executing judicial authority is informed that the requested person has been finally
 judged by a State in respect of the same acts, provided that, if a penalty has been imposed, it
 has been enforced, is in the process of being enforced or can no longer be enforced under the
 law of the sentencing State; or
 (c) if the person who is the subject of the arrest warrant may not, owing to the person’s age, be
 held criminally responsible for the acts on which the arrest warrant is based under the law of
 the executing State.
 Article LAW.SURR.81: Other grounds for non-execution of the arrest warrant
 1. The execution of the arrest warrant may be refused:
 (a) if, in one of the cases referred to in Article LAW.SURR.79(2) [Scope], the act on which the
 arrest warrant is based does not constitute an offence under the law of the executing State;
 however, in relation to taxes or duties, customs and exchange, the execution of the arrest
 warrant shall not be refused on the grounds that the law of the executing State does not
 impose the same kind of tax or duty or does not contain the same type of rules as regards
 taxes or duties, customs and exchange regulations as the law of the issuing State;
 (b) if the person who is the subject of the arrest warrant is being prosecuted in the executing
 State for the same act as that on which the arrest warrant is based;
 (c) if the judicial authorities of the executing State have decided either not to prosecute for the
 offence on which the arrest warrant is based or to halt proceedings, or if a final judgment
 which prevents further proceedings has been passed upon the requested person in a State in
 respect of the same acts;
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 ---pagebreak--- (d) if the criminal prosecution or punishment of the requested person is statute-barred under the
 law of the executing State and the acts fall within the jurisdiction of that State under its own
 criminal law;
 (e) if the executing judicial authority is informed that the requested person has been finally
 judged by a third country in respect of the same acts provided that, if a penalty has been
 imposed, it has been enforced, is in the process of being enforced or can no longer be
 enforced under the law of the sentencing country;
 (f) if the arrest warrant has been issued for the purposes of execution of a custodial sentence or
 detention order and the requested person is staying in, or is a national or a resident of the
 executing State and that State undertakes to execute the sentence or detention order in
 accordance with its domestic law; if consent of the requested person to the transfer of the
 sentence or detention order to the executing State is required, the executing State may refuse
 to execute the arrest warrant only after the requested person consents to the transfer of the
 sentence or detention order;
 (g) if the arrest warrant relates to offences which:
 (i) are regarded by the law of the executing State as having been committed in whole or in
 part in the territory of the executing State or in a place treated as such or
 (ii) have been committed outside the territory of the issuing State, and the law of the
 executing State does not allow prosecution for the same offences if committed
 outside its territory;
 (h) if there are reasons to believe on the basis of objective elements that the arrest warrant has
 been issued for the purpose of prosecuting or punishing a person on the grounds the person’s
 sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation,
 or that that person’s position may be prejudiced for any of those reasons;
 (i) if the arrest warrant has been issued for the purpose of executing a custodial sentence or a
 detention order and the requested person did not appear in person at the trial resulting in the
 decision, unless the arrest warrant states that the person, in accordance with further
 procedural requirements defined in the domestic law of the issuing State:
 (i) in due time:
 (A) either was summoned in person and thereby informed of the scheduled date
 and place of the trial which resulted in the decision, or by other means
 actually received official information of the scheduled date and place of that
 trial in such a manner that it was unequivocally established that the person
 was aware of the date and place of the scheduled trial;
 and
 (B) was informed that a decision may be handed down if that person did not
 appear for the trial;
 or
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 ---pagebreak--- (ii) being aware of the date and place of the scheduled trial, had given a mandate to a
 lawyer, who was either appointed by the person concerned or by the State, to defend
 him or her at the trial, and was indeed defended by that lawyer at the trial;
 or
 (iii) after being served with the decision and being expressly informed about the right to a
 retrial or appeal in which the person has the right to participate and which allows the
 merits of the case, including fresh evidence, to be re-examined, and which may lead to
 the original decision being reversed:
 (A) expressly stated that the person did not contest the decision;
 or
 (B) did not request a retrial or appeal within the applicable time frame;
 or
 (iv) was not personally served with the decision but:
 (A) will be personally served with it without delay after the surrender and will
 be expressly informed of the right to a retrial or appeal in which the person
 has the right to participate and which allows the merits of the case, including
 fresh evidence, to be re-examined, and which may lead to the original
 decision being reversed;
 and
 (B) will be informed of the time frame within which the person has to request
 such a retrial or appeal, as mentioned in the relevant arrest warrant.
 2. Where the arrest warrant is issued for the purpose of executing a custodial sentence or
 detention order under the conditions in point (i) (iv) of paragraph 1 and the person concerned has
 not previously received any official information about the existence of the criminal proceedings
 against him or her, that person may, when being informed about the content of the arrest warrant,
 request to receive a copy of the judgment before being surrendered. Immediately after having been
 informed about the request, the issuing authority shall provide the copy of the judgment via the
 executing authority to the person concerned. The request of the person concerned shall neither
 delay the surrender procedure nor delay the decision to execute the arrest warrant. The provision of
 the judgment to the person concerned shall be for information purposes only; it shall not be
 regarded as a formal service of the judgment nor actuate any time limits applicable for requesting a
 retrial or appeal.
 3. Where a person is surrendered under the conditions in point (i) (iv) of paragraph 1 and that
 person has requested a retrial or appeal, until those proceedings are finalised the detention of that
 person awaiting such retrial or appeal shall be reviewed in accordance with the domestic law of the
 issuing State, either on a regular basis or upon request of the person concerned. Such a review shall
 in particular include the possibility of suspension or interruption of the detention. The retrial or
 appeal shall begin within due time after the surrender.
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 ---pagebreak--- Article LAW.SURR.82: Political offence exception
 1. The execution of an arrest warrant may not be refused on the grounds that the offence may
 be regarded by the executing State as a political offence, as an offence connected with a political
 offence or as an offence inspired by political motives.
 2. However, the United Kingdom and the Union, acting on behalf of any of its Member States,
 may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation that
 paragraph 1 will be applied only in relation to:
 (a) the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of
 Terrorism;
 (b) offences of conspiracy or association to commit one or more of the offences referred to in
 Articles 1 and 2 of the European Convention on the Suppression of Terrorism, if those
 offences of conspiracy or association correspond to the description of behaviour referred to in
 Article LAW.SURR.79(3) [Scope] of this Agreement; and
 (c) terrorism as defined in ANNEX LAW-7 to this Agreement.
 3. Where an arrest warrant has been issued by a State having made a notification as referred
 to in paragraph 2 or by a State on behalf of which such a notification has been made, the State
 executing the arrest warrant may apply reciprocity.
 Article LAW.SURR.83: Nationality exception
 1. The execution of an arrest warrant may not be refused on the grounds that the requested
 person is a national of the executing State.
 2. The United Kingdom, and the Union, acting on behalf of any of its Member States, may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation that that State’s
 own nationals will not be surrendered or that the surrender of their own nationals will be authorised
 only under certain specified conditions. The notification shall be based on reasons related to the
 fundamental principles or practice of the domestic legal order of the United Kingdom or the State on
 behalf of which a notification was made. In such a case, the Union, on behalf of any of its Member
 States or the United Kingdom, as the case may be, may notify the Specialised Committee on Law
 Enforcement and Judicial Cooperation within a reasonable time after the receipt of the other Party’s
 notification that the executing judicial authorities of the Member State or the United Kingdom, as
 the case may be, may refuse to surrender its nationals to that State or that surrender shall be
 authorised only under certain specified conditions.
 3. In circumstances where a State has refused to execute an arrest warrant on the basis that, in
 the case of the United Kingdom, it has made a notification or, in the case of a Member State, the
 Union has made a notification on its behalf, as referred to in paragraph 2, that State shall consider
 instituting proceedings against its own national which are commensurate with the subject matter of
 the arrest warrant, having taken into account the views of the issuing State. In circumstances where
 a judicial authority decides not to institute such proceedings, the victim of the offence on which the
 arrest warrant is based shall be able to receive information on the decision in accordance with the
 applicable domestic law.
 4. Where a State’s competent authorities institute proceedings against its own national in
 accordance with paragraph 3, that State shall ensure that its competent authorities are able to take
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 ---pagebreak--- appropriate measures to assist the victims and witnesses in circumstances where they are residents
 of another State, particularly with regard to the way in which the proceedings are conducted.
 Article LAW.SURR.84: Guarantees to be given by the issuing State in particular cases
 The execution of the arrest warrant by the executing judicial authority may be subject to the
 following guarantees:
 (a) if the offence on which the arrest warrant is based is punishable by a custodial life sentence or
 a lifetime detention order in the issuing State, the executing State may make the execution of
 the arrest warrant subject to the condition that the issuing State gives a guarantee deemed
 sufficient by the executing State that the issuing State will review the penalty or measure
 imposed, on request or at the latest after 20 years, or will encourage the application of
 measures of clemency for which the person is entitled to apply under the law or practice of
 the issuing State, aiming at the non-execution of such penalty or measure;
 (b) if a person who is the subject of an arrest warrant for the purposes of prosecution is a national
 or resident of the executing State, the surrender of that person may be subject to the
 condition that the person, after being heard, is returned to the executing State in order to
 serve there the custodial sentence or detention order passed against him or her in the issuing
 State; if the consent of the requested person to the transfer of the sentence or detention
 order to the executing State is required, the guarantee that the person be returned to the
 executing State to serve the person’s sentence is subject to the condition that the requested
 person, after being heard, consents to be returned to the executing State;
 (c) if there are substantial grounds for believing that there is a real risk to the protection of the
 fundamental rights of the requested person, the executing judicial authority may require, as
 appropriate, additional guarantees as to the treatment of the requested person after the
 person’s surrender before it decides whether to execute the arrest warrant.
 Article LAW.SURR.85: Recourse to the central authority
 1. The United Kingdom and the Union, acting on behalf of any of its Member States, may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation of, in the case of the
 United Kingdom, the its central authority and, in the case of the Union, the central authority for each
 State, having designated such an authority, or, if the legal system of the relevant State so provides,
 of more than one central authority to assist the competent judicial authorities.
 2. When notifying the Specialised Committee on Law Enforcement and Judicial Cooperation
 under paragraph 1, the United Kingdom and the Union, acting on behalf of any of its Member States,
 may each indicate that, as a result of the organisation of the internal judicial system of the relevant
 States, the central authority or central authorities are responsible for the administrative
 transmission and receipt of arrest warrants as well as for all other official correspondence relating to
 the administrative transmission and receipt of arrest warrants. Such indication shall be binding upon
 all the authorities of the issuing State.
 Article LAW.SURR.86: Content and form of the arrest warrant
 1. The arrest warrant shall contain the following information set out in accordance with the
 form contained in ANNEX LAW-5:
 (a) the identity and nationality of the requested person;
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 ---pagebreak--- (b) the name, address, telephone and fax numbers and e-mail address of the issuing judicial
 authority;
 (c) evidence of an enforceable judgment, an arrest warrant or any other enforceable judicial
 decision having the same effect that fall within the scope of Article LAW.SURR.79 [Scope];
 (d) the nature and legal classification of the offence, particularly in respect of Article
 LAW.SURR.79 [Scope];
 (e) a description of the circumstances in which the offence was committed, including the time,
 place and degree of participation in the offence by the requested person;
 (f) the penalty imposed, if there is a final judgment, or the prescribed scale of penalties for the
 offence under the law of the issuing State; and
 (g) if possible, other consequences of the offence.
 2. The arrest warrant shall be translated into the official language or one of the official
 languages of the executing State. The United Kingdom and the Union, acting on behalf of any of its
 Member States, may each notify the Specialised Committee on Law Enforcement and Judicial
 Cooperation that a translation in one or more other official languages of a State will be accepted.
 Article LAW.SURR.87: Transmission of an arrest warrant
 If the location of the requested person is known, the issuing judicial authority may transmit the
 arrest warrant directly to the executing judicial authority.
 Article LAW.SURR.88: Detailed procedures for transmitting an arrest warrant
 1. If the issuing judicial authority does not know which authority is the competent executing
 judicial authority, it shall make the requisite enquiries, in order to obtain that information from the
 executing State.
 2. The issuing judicial authority may request the International Criminal Police Organisation
 (“Interpol”) to transmit an arrest warrant.
 3. The issuing judicial authority may transmit the arrest warrant by any secure means capable
 of producing written records under conditions allowing the executing State to establish the
 authenticity of the arrest warrant.
 4. All difficulties concerning the transmission or the authenticity of any document needed for
 the execution of the arrest warrant shall be dealt with by direct contacts between the judicial
 authorities involved, or, where appropriate, with the involvement of the central authorities of the
 States.
 5. If the authority which receives an arrest warrant is not competent to act upon it, it shall
 automatically forward the arrest warrant to the competent authority in its State and shall inform the
 issuing judicial authority accordingly.
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 ---pagebreak--- Article LAW.SURR.89: Rights of a requested person
 1. If a requested person is arrested for the purpose of the execution of an arrest warrant, the
 executing judicial authority, in accordance with its domestic law, shall inform that person of the
 arrest warrant and of its contents, and also of the possibility of consenting to surrender to the
 issuing State.
 2. A requested person who is arrested for the purpose of the execution of an arrest warrant
 and who does not speak or understand the language of the arrest warrant proceedings shall have
 the right to be assisted by an interpreter and to be provided with a written translation in the native
 language of the requested person or in any other language which that person speaks or
 understands, in accordance with the domestic law of the executing State.
 3. A requested person shall have the right to be assisted by a lawyer in accordance with the
 domestic law of the executing State upon arrest.
 4. The requested person shall be informed of the person’s right to appoint a lawyer in the
 issuing State for the purpose of assisting the lawyer in the executing State in the arrest warrant
 proceedings. This paragraph is without prejudice to the time limits set out in Article LAW.SURR.101
 [Time limits for surrender of the person].
 5. A requested person who is arrested shall have the right to have the consular authorities of
 that person's State of nationality, or if that person is stateless, the consular authorities of the State
 where that person usually resides, informed of the arrest without undue delay and to communicate
 with those authorities, if that person so wishes.
 Article LAW.SURR.90: Keeping the person in detention
 When a person is arrested on the basis of an arrest warrant, the executing judicial authority shall
 take a decision on whether the requested person should remain in detention, in accordance with the
 law of the executing State. The person may be released provisionally at any time in accordance with
 the domestic law of the executing State, provided that the competent authority of that State takes
 all the measures it deems necessary to prevent the person from absconding.
 Article LAW.SURR.91: Consent to surrender
 1. If the arrested person indicates that he or she consents to surrender, that consent and, if
 appropriate, the express renunciation of entitlement to the speciality rule referred to in Article
 LAW.SURR.105(2) [Possible prosecution for other offences] must be given before the executing
 judicial authority, in accordance with the domestic law of the executing State.
 2. Each State shall adopt the measures necessary to ensure that the consent and, where
 appropriate, the renunciation referred to in paragraph 1 are established in such a way as to show
 that the person concerned has expressed them voluntarily and in full awareness of the
 consequences. To that end, the requested person shall have the right to a lawyer.
 3. The consent and, where appropriate, the renunciation referred to in paragraph 1 shall be
 formally recorded in accordance with the procedure laid down by the domestic law of the executing
 State.
 4. In principle, consent may not be revoked. Each State may provide that the consent and, if
 appropriate, the renunciation referred to in paragraph 1 of this Article may be revoked in
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 ---pagebreak--- accordance with the rules applicable under its domestic law. In such a case, the period between the
 date of the consent and that of its revocation shall not be taken into consideration in establishing
 the time limits laid down in Article LAW.SURR.101 [Time limits for surrender of the person]. The
 United Kingdom and the Union, acting on behalf of any of its Member States, may each notify the
 Specialised Committee on Law Enforcement and Judicial Cooperation that it wishes to have recourse
 to this possibility, specifying the procedures whereby revocation of the consent is possible and any
 amendments to those procedures.
 Article LAW.SURR.92: Hearing of the requested person
 Where the arrested person does not consent to surrender as referred to in Article LAW.SURR.91
 [Consent to surrender], that person shall be entitled to be heard by the executing judicial authority,
 in accordance with the law of the executing State.
 Article LAW.SURR.93: Surrender decision
 1. The executing judicial authority shall decide whether the person is to be surrendered within
 the time limits and in accordance with the conditions defined in this Title, in particular the principle
 of proportionality as set out in Article LAW.SURR.77 [Principle of proportionality].
 2. If the executing judicial authority finds the information communicated by the issuing State to
 be insufficient to allow it to decide on surrender, it shall request that the necessary supplementary
 information, in particular with respect to Article LAW.SURR. 77 [Principle of proportionality], Articles
 LAW.SURR.80 [Grounds for mandatory non-execution of the arrest warrant] to LAW.SURR.82
 [Political offence exception], Article LAW.SURR.84 [Guarantees to be given by the issuing State in
 particular cases] and Article LAW.SURR.86 [Content and form of the arrest warrant], be furnished as
 a matter of urgency and may fix a time limit for the receipt thereof, taking into account the need to
 observe the time limits provided for in Article LAW.SURR.95 [Time limits and procedures for the
 decision to execute the arrest warrant].
 3. The issuing judicial authority may forward any additional useful information to the executing
 judicial authority at any time.
 Article LAW.SURR.94: Decision in the event of multiple requests
 1. If two or more States have issued a European arrest warrant or an arrest warrant for the
 same person, the decision as to which of those arrest warrants is to be executed shall be taken by
 the executing judicial authority, with due consideration of all the circumstances, especially the
 relative seriousness of the offences and place of the offences, the respective dates of the arrest
 warrants or European arrest warrants and whether they have been issued for the purposes of
 prosecution or for the execution of a custodial sentence or detention order, and of legal obligations
 of Member States deriving from Union law regarding, in particular, the principles of freedom of
 movement and non-discrimination on grounds of nationality.
 2. The executing judicial authority of a Member State may seek the advice of Eurojust when
 making the choice referred to in paragraph 1.
 3. In the event of a conflict between an arrest warrant and a request for extradition presented
 by a third country, the decision as to whether the arrest warrant or the extradition request takes
 precedence shall be taken by the competent authority of the executing State with due consideration
 of all the circumstances, in particular those referred to in paragraph 1 and those mentioned in the
 applicable convention.
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 ---pagebreak--- 4. This Article is without prejudice to the States’ obligations under the Statute of the
 International Criminal Court.
 Article LAW.SURR.95: Time limits and procedures for the decision to execute the arrest warrant
 1. An arrest warrant shall be dealt with and executed as a matter of urgency.
 2. In cases where the requested person consents to surrender, the final decision on the
 execution of the arrest warrant shall be taken within ten days after the consent was given.
 3. In other cases, the final decision on the execution of the arrest warrant shall be taken within
 60 days after the arrest of the requested person.
 4. Where in specific cases the arrest warrant cannot be executed within the time limits laid
 down in paragraphs 2 or 3, the executing judicial authority shall immediately inform the issuing
 judicial authority of that fact, giving the reasons for the delay. In such cases, the time limits may be
 extended by a further 30 days.
 5. As long as the executing judicial authority has not taken a final decision on the arrest
 warrant, it shall ensure that the material conditions necessary for the effective surrender of the
 person remain fulfilled.
 6. Reasons must be given for any refusal to execute an arrest warrant.
 Article LAW.SURR.96: Situation pending the decision
 1. Where the arrest warrant has been issued for the purpose of conducting a criminal
 prosecution, the executing judicial authority shall either:
 (a) agree that the requested person should be heard according to Article LAW.SURR.97 [Hearing
 the person pending the decision]; or
 (b) agree to the temporary transfer of the requested person.
 2. The conditions and the duration of the temporary transfer shall be determined by mutual
 agreement between the issuing and executing judicial authorities.
 3. In the case of temporary transfer, the person must be able to return to the executing State
 to attend hearings which concern that person as part of the surrender procedure.
 Article LAW.SURR.97: Hearing the person pending the decision
 1. The requested person shall be heard by a judicial authority. To that end, the requested
 person shall be assisted by a lawyer designated in accordance with the law of the issuing State.
 2. The requested person shall be heard in accordance with the law of the executing State and
 with the conditions determined by mutual agreement between the issuing and executing judicial
 authorities.
 3. The competent executing judicial authority may assign another judicial authority of its State
 to take part in the hearing of the requested person in order to ensure the proper application of this
 Article.
 343
 ---pagebreak--- Article LAW.SURR.98: Privileges and immunities
 1. Where the requested person enjoys a privilege or immunity regarding jurisdiction or
 execution in the executing State, the time limits referred to in Article LAW.SURR.95 [Time limits and
 procedures for the decision to execute the arrest warrant] only start running when, or if, the
 executing judicial authority is informed of the fact that the privilege or immunity has been waived.
 2. The executing State shall ensure that the material conditions necessary for effective
 surrender are fulfilled when the person no longer enjoys such privilege or immunity.
 3. Where power to waive the privilege or immunity lies with an authority of the executing
 State, the executing judicial authority shall request that authority to exercise that power without
 delay. Where power to waive the privilege or immunity lies with an authority of another State, third
 country or international organisation, the issuing judicial authority shall request that authority to
 exercise that power.
 Article LAW.SURR.99: Competing international obligations
 1. This Agreement does not prejudice the obligations of the executing State where the
 requested person has been extradited to that State from a third country and where that person is
 protected by provisions of the arrangement under which that person was extradited concerning the
 speciality rule. The executing State shall take all necessary measures for requesting without delay
 the consent of the third country from which the requested person was extradited so that the
 requested person can be surrendered to the State which issued the arrest warrant. The time limits
 referred to in Article LAW.SURR.95 [Time limits and procedures for the decision to execute the arrest
 warrant] do not start running until the day on which the speciality rule ceases to apply.
 2. Pending the decision of the third country from which the requested person was extradited,
 the executing State shall ensure that the material conditions necessary for effective surrender
 remain fulfilled.
 Article LAW.SURR.100: Notification of the decision
 The executing judicial authority shall notify the issuing judicial authority immediately of the decision
 on the action to be taken on the arrest warrant.
 Article LAW.SURR.101: Time limits for surrender of the person
 1. The requested person shall be surrendered as soon as possible on a date agreed between
 the authorities concerned.
 2. The requested person shall be surrendered no later than ten days after the final decision on
 the execution of the arrest warrant.
 3. If the surrender of the requested person within the time limit in paragraph 2 is prevented by
 circumstances beyond the control of any of the States, the executing and issuing judicial authorities
 shall immediately contact each other and agree on a new surrender date. In that event, the
 surrender shall take place within ten days of the new date thus agreed.
 4. The surrender may exceptionally be temporarily postponed for serious humanitarian
 reasons, for example if there are substantial grounds for believing that the surrender would
 manifestly endanger the requested person's life or health. The execution of the arrest warrant shall
 344
 ---pagebreak--- take place as soon as those grounds have ceased to exist. The executing judicial authority shall
 immediately inform the issuing judicial authority and agree on a new surrender date. In that event,
 the surrender shall take place within ten days of the new date - agreed.
 5. Upon the expiry of the time limits referred to in paragraphs 2 to 4, if the requested person is
 still being held in custody, that person shall be released. The executing and issuing judicial
 authorities shall contact each other as soon as it appears that a person is to be released under this
 paragraph and agree the arrangements for the surrender of that person.
 Article LAW.SURR.102: Postponed or conditional surrender
 1. After deciding to execute the arrest warrant, the executing judicial authority may postpone
 the surrender of the requested person so that the requested person may be prosecuted in the
 executing State or, if the requested person has already been sentenced, so that the requested
 person may serve, a sentence passed for an act other than that referred to in the arrest warrant in
 the territory of the executing State.
 2. Instead of postponing the surrender, the executing judicial authority may temporarily
 surrender the requested person to the issuing State under conditions to be determined by mutual
 agreement between the executing and the issuing judicial authorities. The agreement shall be made
 in writing and the conditions shall be binding on all the authorities in the issuing State.
 Article LAW.SURR.103: Transit
 1. Each State shall permit the transit through its territory of a requested person who is being
 surrendered provided that it has been given information on:
 (a) the identity and nationality of the person subject to the arrest warrant;
 (b) the existence of an arrest warrant;
 (c) the nature and legal classification of the offence; and
 (d) the description of the circumstances of the offence, including the date and place.
 2. The State, on behalf of which a notification has been made in accordance with Article
 LAW.SURR.83(2) [Nationality exception] to the effect that its own nationals will not be surrendered
 or that surrender will be authorised only under certain specified conditions, may refuse the transit of
 its own nationals through its territory under the same terms or submit it to the same conditions.
 3. The States shall designate an authority responsible for receiving transit requests and the
 necessary documents, as well as any other official correspondence relating to transit requests.
 4. The transit request and the information referred to in paragraph 1 may be addressed to the
 authority designated pursuant to paragraph 3 by any means capable of producing a written record.
 The State of transit shall notify its decision by the same procedure.
 5. This Article does not apply in the case of transport by air without a scheduled stopover.
 However, if an unscheduled landing occurs, the issuing State shall provide the authority designated
 pursuant to paragraph 3 with the information referred to in paragraph 1.
 345
 ---pagebreak--- 6. Where a transit concerns a person who is to be extradited from a third country to a State,
 this Article applies mutatis mutandis. In particular, references to an “arrest warrant” shall be treated
 as references to an “extradition request”.
 Article LAW.SURR.104: Deduction of the period of detention served in the executing State
 1. The issuing State shall deduct all periods of detention arising from the execution of an arrest
 warrant from the total period of detention to be served in the issuing State as a result of a custodial
 sentence or detention order being passed.
 2. All information concerning the duration of the detention of the requested person on the
 basis of the arrest warrant shall be transmitted by the executing judicial authority or the central
 authority designated under Article LAW.SURR.85 [Recourse to the central authority] to the issuing
 judicial authority at the time of the surrender.
 Article LAW.SURR.105: Possible prosecution for other offences
 1. The United Kingdom and the Union, acting on behalf of any of its Member States, may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation that, in relations
 with other States to which the same notification applies, consent is presumed to have been given for
 the prosecution, sentencing or detention of a person with a view to the carrying out of a custodial
 sentence or detention order for an offence committed prior to the person’s surrender, other than
 that for which that person was surrendered, unless in a particular case the executing judicial
 authority states otherwise in its decision on surrender.
 2. Except in the cases referred to in paragraphs 1 and 3, a person surrendered may not be
 prosecuted, sentenced or otherwise deprived of liberty for an offence committed prior to that
 person's surrender other than that for which the person was surrendered.
 3. Paragraph 2 of this Article does not apply in the following cases:
 (a) the person, having had an opportunity to leave the territory of the State to which that person
 has been surrendered, has not done so within 45 days of that person's final discharge or has
 returned to that territory after leaving it;
 (b) the offence is not punishable by a custodial sentence or detention order;
 (c) the criminal proceedings do not give rise to the application of a measure restricting personal
 liberty;
 (d) the person could be liable to a penalty or a measure not involving the deprivation of liberty, in
 particular a financial penalty or a measure in lieu of a financial penalty, even if the penalty or
 measure may give rise to a restriction of the person’s personal liberty;
 (e) the person consented to be surrendered, where appropriate at the same time as the person
 renounced the speciality rule, in accordance with Article LAW.SURR.91 [Consent to surrender];
 (f) the person, after the person's surrender, has expressly renounced entitlement to the
 speciality rule with regard to specific offences preceding the person's surrender; renunciation
 must be given before the competent judicial authority of the issuing State and be recorded in
 accordance with that State's domestic law; the renunciation must be drawn up in such a way
 346
 ---pagebreak--- as to make clear that the person concerned has given it voluntarily and in full awareness of
 the consequences; to that end, the person shall have the right to a lawyer; and
 (g) the executing judicial authority which surrendered the person gives its consent in accordance
 with paragraph 4 of this Article.
 4. A request for consent shall be submitted to the executing judicial authority, accompanied by
 the information referred to in Article LAW.SURR.86(1) [Content and form of the arrest warrant] and
 a translation as referred to in Article LAW.SURR.86(2) [Content and form of the arrest warrant].
 Consent shall be given where the offence for which it is requested is itself subject to surrender in
 accordance with the provisions of this Title. Consent shall be refused on the grounds referred to in
 Article LAW.SURR.80 [Grounds for mandatory non-execution of the arrest warrant] and otherwise
 may be refused only on the grounds referred to in Article LAW.SURR.81 [Other grounds for non-
 execution of the arrest warrant], or Article LAW.SURR.82(2) [Political offence exception] and Article
 LAW.SURR.83(2) [Nationality exception]. The decision shall be taken no later than 30 days after
 receipt of the request. For the situations laid down in Article LAW.SURR.84 [Guarantees to be given
 by the issuing State in particular cases] the issuing State must give the guarantees provided for
 therein.
 Article LAW.SURR.106: Surrender or subsequent extradition
 1. The United Kingdom and the Union, acting on behalf of any of its Member States, may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation that, in relations
 with other States to which the same notification applies, the consent for the surrender of a person
 to a State other than the executing State pursuant to an arrest warrant or European arrest warrant
 issued for an offence committed prior to that person's surrender is presumed to have been given,
 unless in a particular case the executing judicial authority states otherwise in its decision on
 surrender.
 2. In any case, a person who has been surrendered to the issuing State pursuant to an arrest
 warrant or European arrest warrant may be surrendered to a State other than the executing State
 pursuant to an arrest warrant or European arrest warrant issued for any offence committed prior to
 the person’s surrender without the consent of the executing State in the following cases:
 (a) the requested person, having had an opportunity to leave the territory of the State to which
 that person has been surrendered, has not done so within 45 days of that person's final
 discharge, or has returned to that territory after leaving it;
 (b) the requested person consents to be surrendered to a State other than the executing State
 pursuant to an arrest warrant or European arrest warrant; consent must be given before the
 competent judicial authorities of the issuing State and be recorded in accordance with that
 State's domestic law; it must be drawn up in such a way as to make clear that the person
 concerned has given it voluntarily and in full awareness of the consequences; to that end, the
 requested person shall have the right to a lawyer; and
 (c) the requested person is not subject to the speciality rule, in accordance with points (a), (e), (f)
 or (g) of Article LAW.SURR.105(3) [Possible prosecution for other offences].
 3. The executing judicial authority shall consent to the surrender to another State in
 accordance with the following rules:
 347
 ---pagebreak--- (a) the request for consent shall be submitted in accordance with Article LAW.SURR.87
 [Transmission of an arrest warrant], accompanied by the information set out in Article
 LAW.SURR.86(1) [Content and form of the arrest warrant] and a translation as referred to in
 Article LAW.SURR.86(2) [Content and form of the arrest warrant];
 (b) consent shall be given where the offence for which it is requested is itself subject to surrender
 in accordance with the provisions of this Agreement;
 (c) the decision shall be taken no later than 30 days after receipt of the request; and
 (d) consent shall be refused on the grounds referred to in Article LAW.SURR.80 [Grounds for
 mandatory non-execution of the arrest warrant] and otherwise may be refused only on the
 grounds referred to in Article LAW.SURR.81 [Other grounds for non-execution of the arrest
 warrant], Article LAW.SURR.82(2) [Political offence exception] and Article LAW.SURR.83(2)
 [Nationality exception].
 4. For the situations referred to in Article LAW.SURR.84 [Guarantees to be given by the issuing
 State in particular cases], the issuing State shall give the guarantees provided for therein.
 5. Notwithstanding paragraph 1, a person who has been surrendered pursuant to an arrest
 warrant shall not be extradited to a third country without the consent of the competent authority of
 the State which surrendered the person. Such consent shall be given in accordance with the
 Conventions by which that State is bound, as well as with its domestic law.
 Article LAW.SURR.107: Handing over of property
 1. At the request of the issuing judicial authority or on its own initiative, the executing judicial
 authority shall, in accordance with its domestic law, seize and hand over property which:
 (a) may be required as evidence; or
 (b) has been acquired by the requested person as a result of the offence.
 2. The property referred to in paragraph 1 shall be handed over even if the arrest warrant
 cannot be carried out owing to the death or escape of the requested person.
 3. If the property referred to in paragraph 1 is liable to seizure or confiscation in the territory of
 the executing State, that State may, if the property is needed in connection with pending criminal
 proceedings, temporarily retain it or hand it over to the issuing State on condition that it is returned.
 4. Any rights which the executing State or third parties may have acquired in the property
 referred to in paragraph 1 shall be preserved. Where such rights exist, the issuing State shall return
 the property without charge to the executing State as soon as the criminal proceedings have been
 terminated.
 Article LAW.SURR.108: Expenses
 1. Expenses incurred in the territory of the executing State for the execution of an arrest
 warrant shall be borne by that State.
 2. All other expenses shall be borne by the issuing State.
 348
 ---pagebreak--- Article LAW.SURR.109: Relation to other legal instruments
 1. Without prejudice to their application in relations between States and third countries, this
 Title, from the date of entry into force of this Agreement, replaces the corresponding provisions of
 the following conventions applicable in the field of extradition in relations between the United
 Kingdom, on the one side, and Member States, on the other side:
 (a) the European Convention on Extradition, done at Paris on 13 December 1957, and its
 additional protocols; and
 (b) the European Convention on the Suppression of Terrorism, as far as extradition is concerned.
 2. Where the Conventions referred to in paragraph 1 apply to the territories of States or to
 territories for whose external relations a State is responsible to which this Title does not apply, those
 Conventions continue to govern the relations existing between those territories and the other
 States.
 Article LAW.SURR.110: Review of notifications
 When carrying out the joint review of this Title as referred to in Article LAW.OTHER.135(1) [Review
 and evaluation], the Parties shall consider the need to maintain the notifications made under Article
 LAW.SURR.79(4) [Scope], Article LAW.SURR.82(2) [Political offence exception] and Article
 LAW.SURR.83(2) [Nationality exception]. If the notifications referred to in Article LAW.SURR.83(2)
 [Nationality exception] are not renewed, they shall expire five years after the date of entry into force
 of this Agreement. Notifications as referred to in Article LAW.SURR.83(2) [Nationality exception] may
 only be renewed or newly made during the three months prior to the fifth anniversary of the entry
 into force of this Agreement and, subsequently, every five years thereafter, provided that the
 conditions set out in Article LAW.SURR.83(2) [Nationality exception] are met at that time.
 Article LAW.SURR.111: Ongoing arrest warrants in case of disapplication
 Notwithstanding Article LAW.GEN.5 [Scope of cooperation where a Member State no longer
 participates in analogous measure under Union law]; Article.LAW.OTHER.136 [Termination] and
 Article LAW.OTHER.137 [Suspension], the provisions of this Title apply in respect of arrest warrants
 where the requested person was arrested before the disapplication of this Title for the purposes of
 the execution of an arrest warrant, irrespective of the decision of the executing judicial authority as
 to whether the requested person is to remain in detention or be provisionally released.
 Article LAW.SURR.112: Application to existing European arrest warrants
 This Title shall apply in respect of European arrest warrants issued in accordance with Council
 Framework Decision 2002/584/JHA81 by a State before the end of the transition period where the
 requested person has not been arrested for the purpose of its execution before the end of the
 transition period.
 TITLE VIII: MUTUAL ASSISTANCE
 81
 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the
 surrender procedures between Member States (OJ EU L 190, 18.7.2002, p. 1).
 349
 ---pagebreak--- Article LAW.MUTAS.113: Objective
 1. The objective of this Title is to supplement the provisions, and facilitate the application
 between Member States, on the one side, and the United Kingdom, on the other side, of:
 (a) the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 20
 April 1959 (the "European Mutual Assistance Convention");
 (b) the Additional Protocol to the European Mutual Assistance Convention, done at Strasbourg on
 17 March 1978; and
 (c) the Second Additional Protocol to the European Mutual Assistance Convention, done at
 Strasbourg on 8 November 2001.
 2. This Title is without prejudice to the provisions of Title IX [Exchange of information extracted
 from the criminal record], which takes precedence over this Title.
 Article LAW.MUTAS.114: Definition of competent authority
 For the purposes of this Title, "competent authority" means any authority which is competent to
 send or receive requests for mutual assistance in accordance with the provisions of the European
 Mutual Assistance Convention and its Protocols and as defined by States in their respective
 declarations addressed to the Secretary General of the Council of Europe. “Competent authority”
 also includes Union bodies notified in accordance with point (c) of Article LAW.OTHER.134(7)
 [Notifications]; with regard to such Union bodies, the provisions of this Title apply accordingly.
 Article LAW.MUTAS.115: Form for a request for mutual assistance
 1. The Specialised Committee on Law Enforcement and Judicial Cooperation shall undertake to
 establish a standard form for requests for mutual assistance by adopting an annex to this
 Agreement.
 2. If the Specialised Committee on Law Enforcement and Judicial Cooperation has adopted a
 decision in accordance with paragraph 1, requests for mutual assistance shall be made using the
 standard form.
 3. The Specialised Committee on Law Enforcement and Judicial Cooperation may amend the
 standard form for requests for mutual assistance as may be necessary.
 Article LAW.MUTAS.116 Conditions for a request for mutual assistance
 1. The competent authority of the requesting State may only make a request for mutual
 assistance if it is satisfied that the following conditions are met:
 (a) the request is necessary and proportionate for the purpose of the proceedings, taking into
 account the rights of the suspected or accused person; and
 (b) the investigative measure or investigative measures indicated in the request could have been
 ordered under the same conditions in a similar domestic case.
 2. The requested State may consult the requesting State if the competent authority of the
 requested State is of the view that the conditions in paragraph 1 are not met. After the consultation,
 350
 ---pagebreak--- the competent authority of the requesting State may decide to withdraw the request for mutual
 assistance.
 Article LAW.MUTAS.117: Recourse to a different type of investigative measure
 1. Wherever possible, the competent authority of the requested State shall consider recourse
 to an investigative measure other than the measure indicated in the request for mutual assistance if:
 (a) the investigative measure indicated in the request does not exist under the law of the
 requested State; or
 (b) the investigative measure indicated in the request would not be available in a similar domestic
 case.
 2. Without prejudice to the grounds for refusal available under the European Mutual
 Assistance Convention and its Protocols and under Article LAW.MUTAS.119 [Ne bis in idem],
 paragraph 1 of this Article does not apply to the following investigative measures, which shall always
 be available under the law of the requested State:
 (a) the obtaining of information contained in databases held by police or judicial authorities that
 is directly accessible by the competent authority of the requested State in the framework of
 criminal proceedings;
 (b) the hearing of a witness, expert, victim, suspected or accused person or third party in the
 territory of the requested State;
 (c) any non-coercive investigative measure as defined under the law of the requested State; and
 (d) the identification of persons holding a subscription to a specified phone number or IP address.
 3. The competent authority of the requested State may also have recourse to an investigative
 measure other than the measure indicated in the request for mutual assistance if the investigative
 measure selected by the competent authority of the requested State would achieve the same result
 by less intrusive means than the investigative measure indicated in the request.
 4. If the competent authority of the requested State decides to have recourse to a measure
 other than that indicated in the request for mutual assistance as referred to in paragraphs 1 or 3, it
 shall first inform the competent authority of the requesting State, which may decide to withdraw or
 supplement the request.
 5. If the investigative measure indicated in the request does not exist under the law of the
 requested State or would not be available in a similar domestic case, and there is no other
 investigative measure which would have the same result as the investigative measure requested, the
 competent authority of the requested State shall inform the competent authority of the requesting
 State that it is not possible to provide the assistance requested.
 Article LAW.MUTAS.118: Obligation to inform
 The competent authority of the requested State shall inform the competent authority of the
 requesting State by any means and without undue delay if:
 351
 ---pagebreak--- (a) it is impossible to execute the request for mutual assistance due to the fact that the request is
 incomplete or manifestly incorrect; or
 (b) the competent authority of the requested State, in the course of the execution of the request
 for mutual assistance, considers without further enquiries that it may be appropriate to carry
 out investigative measures not initially foreseen, or which could not be specified when the
 request for mutual assistance was made, in order to enable the competent authority of the
 requesting State to take further action in the specific case.
 Article LAW.MUTAS.119: Ne bis in idem
 Mutual assistance may be refused, in addition to the grounds for refusal provided for under the
 European Mutual Assistance Convention and its Protocols, on the ground that the person in respect
 of whom the assistance is requested and who is subject to criminal investigations, prosecutions or
 other proceedings, including judicial proceedings, in the requesting State, has been finally judged by
 another State in respect of the same acts, provided that, if a penalty has been imposed, it has been
 enforced, is in the process of being enforced or can no longer be enforced under the law of the
 sentencing State.
 Article LAW.MUTAS.120: Time limits
 1. The requested State shall decide whether to execute the request for mutual assistance as
 soon as possible and in any event no later than 45 days after the receipt of the request and shall
 inform the requesting State of its decision.
 2. A request for mutual assistance shall be executed as soon as possible and in any event no
 later than 90 days after the decision referred to in paragraph 1 of this Article or after the
 consultation referred to in Article LAW.MUTAS.116(2) [Conditions for a request for mutual
 assistance] has taken place.
 3. If it is indicated in the request for mutual assistance that, due to procedural deadlines, the
 seriousness of the offence or other particularly urgent circumstances, a shorter time limit than that
 provided for in paragraph 1 or 2 is necessary, or if it is indicated in the request that a measure for
 mutual assistance is to be carried out on a specific date, the requested State shall take as full
 account as possible of that requirement.
 4. If a request for mutual assistance is made to take provisional measures pursuant to Article
 24 of the Second Additional Protocol to the European Mutual Assistance Convention, the competent
 authority of the requested State shall decide on the provisional measure, and shall communicate
 that decision to the competent authority of the requesting State, as soon as possible after the
 receipt of the request. Before lifting any provisional measure taken pursuant to this Article, the
 competent authority of the requested State, wherever possible, shall give the competent authority
 of the requesting State an opportunity to present its reasons in favour of continuing the measure.
 5. If in a specific case, the time limit provided for in paragraph 1 or 2, or the time limit or
 specific date referred to in paragraph 3 cannot be met, or the decision on taking provisional
 measures in accordance with paragraph 4 is delayed, the competent authority of the requested
 State shall, without delay, inform the competent authority of the requesting State by any means,
 giving the reasons for the delay, and shall consult with the competent authority of the requesting
 State on the appropriate timing to execute the request for mutual assistance.
 352
 ---pagebreak--- 6. The time limits referred to in this Article do not apply if the request for mutual assistance is
 made in relation to any of the following offences and infringements that fall within scope of the
 European Mutual Assistance Convention and its Protocols, as defined in the law of the requesting
 State:
 (a) speeding, if no injury or death was caused to another person and if the excess speed was not
 significant;
 (b) failure to wear a seatbelt;
 (c) failure to stop at a red light or other mandatory stop signal;
 (d) failure to wear a safety helmet; or
 (e) using a forbidden lane (such as the forbidden use of an emergency lane, a lane reserved for
 public transport, or a lane closed down for road works).
 7. The Specialised Committee on Law Enforcement and Judicial Cooperation shall keep the
 operation of paragraph 6 under review. It shall undertake to set time limits for the requests to which
 paragraph 6 applies within three years of the entry into force of this Agreement, taking into account
 the volume of requests. It may also decide that paragraph 6 shall no longer apply.
 Article LAW.MUTAS.121: Transmission of requests for mutual assistance
 1. In addition to the channels of communication provided for under the European Mutual
 Assistance Convention and its Protocols, if direct transmission is provided for under their respective
 provisions, requests for mutual assistance may also be transmitted directly by public prosecutors in
 the United Kingdom to competent authorities of the Member States.
 2. In addition to the channels of communication provided for under the European Mutual
 Assistance Convention and its Protocols, in urgent cases, any request for mutual assistance, as well
 as spontaneous information, may be transmitted via Europol or Eurojust, in line with the provisions
 in the respective Titles of this Agreement.
 Article LAW.MUTAS.122: Joint Investigation Teams
 If the competent authorities of States set up a Joint Investigation Team, the relationship between
 Member States within the Joint Investigation Team shall be governed by Union law, notwithstanding
 the legal basis referred to in the Agreement on the setting up of the Joint Investigation Team.
 TITLE IX: EXCHANGE OF CRIMINAL RECORD INFORMATION
 Article LAW.EXINF.120: Objective
 1. The objective of this Title is to enable the exchange between the Members States, on the
 one side, and the United Kingdom, on the other side, of information extracted from the criminal
 record.
 2. In the relations between the United Kingdom and the Member States, the provisions of this
 Title:
 353
 ---pagebreak--- (a) supplement Articles 13 and 22(2) of the European Convention on Mutual Assistance in
 Criminal Matters and its Additional Protocols of 17 March 1978 and 8 November 2001; and
 (b) replace Article 22(1) of the European Convention on Mutual Assistance in Criminal Matters, as
 supplemented by Article 4 of its Additional Protocol of 17 March 1978.
 3. In the relations between a Member State, on the one side, and the United Kingdom, on the
 other side, each shall waive the right to rely on its reservations to Article 13 of the European
 Convention on Mutual Assistance in Criminal Matters and to Article 4 of its Additional Protocol of 17
 March 1978.
 Article LAW.EXINF.121: Definitions
 For the purposes of this Title, the following definitions apply:
 (a) “conviction” means any final decision of a criminal court against a natural person in respect of
 a criminal offence, to the extent that the decision is entered in the criminal record of the
 convicting State;
 (b) “criminal proceedings” means the pre-trial stage, the trial stage and the execution of a
 conviction;
 (c) “criminal record” means the domestic register or registers recording convictions in accordance
 with domestic law.
 Article LAW.EXINF.122: Central authorities
 Each State shall designate one or more central authorities that shall be competent for the exchange
 of information extracted from the criminal record pursuant to this Title and for the exchanges
 referred to in Article 22(2) of the European Convention on Mutual Assistance in Criminal Matters.
 Article LAW.EXINF.123: Notifications
 1. Each State shall take the necessary measures to ensure that all convictions handed down
 within its territory are accompanied, when provided to its criminal record, by information on the
 nationality or nationalities of the convicted person if that person is a national of another State.
 2. The central authority of each State shall inform the central authority of any other State of all
 criminal convictions handed down within its territory in respect of nationals of the latter State, as
 well as of any subsequent alterations or deletions of information contained in the criminal record, as
 entered in the criminal record. The central authorities of the States shall communicate such
 information to each other at least once per month.
 3. If the central authority of a State becomes aware of the fact that a convicted person is a
 national of two or more other States, it shall transmit the relevant information to each of those
 States, even if the convicted person is a national of the State within whose territory that person was
 convicted.
 Article LAW.EXINF.124: Storage of convictions
 1. The central authority of each State shall store all information notified under Article
 LAW.EXINF.123 [Notifications].
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 ---pagebreak--- 2. The central authority of each State shall ensure that if a subsequent alteration or deletion is
 notified under Article LAW.EXINF.123(2) [Notifications], an identical alteration or deletion is made to
 the information stored in accordance with paragraph 1 of this Article.
 3. The central authority of each State shall ensure that only information which has been
 updated in accordance with paragraph 2 of this Article is provided when replying to requests made
 under Article LAW.EXINF.125 [Requests for information].
 Article LAW.EXINF.125: Requests for information
 1. If information from the criminal record of a State is requested at domestic level for the
 purposes of criminal proceedings against a person or for any purposes other than that of criminal
 proceedings, the central authority of that State may, in accordance with its domestic law, submit a
 request to the central authority of another State for information and related data to be extracted
 from the criminal record.
 2. If a person asks the central authority of a State other than the State of the person’s
 nationality for information on the person’s own criminal record, that central authority shall submit a
 request to the central authority of the State of the person’s nationality for information and related
 data to be extracted from the criminal record in order to be able to include that information and
 related data in the extract to be provided to the person concerned.
 Article LAW.EXINF.126: Replies to requests
 1. Replies to requests for information shall be transmitted by the central authority of the
 requested State to the central authority of the requesting State as soon as possible and in any event
 within 20 working days from the date the request was received.
 2. The central authority of each State shall reply to requests made for purposes other than that
 of criminal proceedings in accordance with its domestic law.
 3. Notwithstanding paragraph 2, when replying to requests made for the purposes of
 recruitment for professional or organised voluntary activities involving direct and regular contacts
 with children, the States shall include information on the existence of criminal convictions for
 offences related to sexual abuse or sexual exploitation of children, child pornography, solicitation of
 children for sexual purposes, including inciting, aiding and abetting or attempting to commit any of
 those offences, as well as information on the existence of any disqualification from exercising
 activities involving direct and regular contacts with children arising from those criminal convictions.
 Article LAW.EXINF.127: Channel of communication
 The exchange between States of information extracted from the criminal record shall take place
 electronically in accordance with the technical and procedural specifications laid down in ANNEX
 LAW-6.
 Article LAW.EXINF.128: Conditions for the use of personal data
 1. Each State may use personal data received in reply to its request under Article
 LAW.EXINF.126 [Replies to requests] only for the purposes for which they were requested.
 2. If the information was requested for any purposes other than that of criminal proceedings,
 personal data received under Article LAW.EXINF.126 [Replies to requests] may be used by the
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 ---pagebreak--- requesting State in accordance with its domestic law only within the limits specified by the
 requested State in the form set out in Chapter 2 of ANNEX LAW-6.
 3. Notwithstanding paragraphs 1 and 2 of this Article, personal data provided by a State in
 reply to a request under Article LAW.EXINF.126 [Replies to requests] may be used by the requesting
 State to prevent an immediate and serious threat to public security.
 4. Each State shall ensure that their central authorities do not disclose personal data notified
 under Article LAW.EXINF.123 [Notifications] to authorities in third countries unless the following
 conditions are met:
 (a) the personal data are disclosed only on a case-by-case basis;
 (b) the personal data are disclosed to authorities whose functions are directly related to the
 purposes for which the personal data are disclosed under point (c) of this paragraph;
 (c) the personal data are disclosed only if necessary:
 (i) for the purposes of criminal proceedings;
 (ii) for any purposes other than that of criminal proceedings; or
 (iii) to prevent an immediate and serious threat to public security;
 (d) the personal data may be used by the requesting third country only for the purposes for which
 the information was requested and within the limits specified by the State that notified the
 personal data under Article LAW.EXINF.123 [Notifications]; and
 (e) the personal data are disclosed only if the central authority, having assessed all the
 circumstances surrounding the transfer of the personal data to the third country, concludes
 that appropriate safeguards exist to protect the personal data.
 5. This Article does not apply to personal data obtained by a State under this Title and
 originating from that State.
 TITLE X: ANTI-MONEY LAUNDERING AND COUNTER TERRORIST FINANCING
 Article LAW.AML.127: Objective
 The objective of this Title is to support and strengthen action by the Union and the United Kingdom
 to prevent and combat money laundering and terrorist financing.
 Article LAW.AML.128: Measures to prevent and combat money laundering and terrorist financing
 1. The Parties agree to support international efforts to prevent and combat money laundering
 and terrorist financing. The Parties recognise the need to cooperate in preventing the use of their
 financial systems to launder the proceeds of all criminal activity, including drug trafficking and
 corruption, and to combat terrorist financing.
 2. The Parties shall exchange relevant information, as appropriate within their respective legal
 frameworks.
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 ---pagebreak--- 3. The Parties shall each maintain a comprehensive regime to combat money laundering and
 terrorist financing, and regularly review the need to enhance that regime, taking account of the
 principles and objectives of the Financial Action Task Force Recommendations.
 Article LAW.AML.129 Beneficial ownership transparency for corporate and other legal entities
 1. For the purposes of this Article, the following definitions apply:
 (a) “beneficial owner” means any individual in respect of a corporate entity who, in accordance
 with the Party’s laws and regulations:
 (i) exercises or has the right to exercise ultimate control over the management of the
 entity;
 (ii) ultimately owns or controls directly or indirectly more than 25% of the voting rights or
 shares or other ownership interests in the entity, without prejudice to each Party’s right
 to define a lower percentage; or
 (iii) otherwise controls or has the right to control the entity;
 In respect of legal entities such as foundations, Anstalt and limited liability partnerships, each
 Party has the right to determine similar criteria for identifying the beneficial owner, or, if they
 choose, to apply the definition set out in point (a) of Article AML.130(1) [Beneficial Ownership
 transparency of legal arrangements], having regard to the form and structure of such entities.
 In respect of other legal entities not mentioned above, each Party shall take into account the
 different forms and structures of such entities and the levels of money laundering and
 terrorist financing risks associated with such entities, with a view to deciding the appropriate
 levels of beneficial ownership transparency.
 (b) “basic information about a beneficial owner” means the beneficial owner’s name, month and
 year of birth, country of residence and nationality, as well as the nature and extent of the
 interest held, or control exercised, over the entity by the beneficial owner;
 (c) “competent authorities” means:
 (i) public authorities, including Financial Intelligence Units, that have designated
 responsibilities for combating money laundering or terrorist financing;
 (ii) public authorities that have the function of investigating or prosecuting money
 laundering, associated predicate offences or terrorist financing, or that have the
 function of tracing, seizing or freezing and confiscating criminal assets;
 (iii) public authorities that have supervisory or monitoring responsibilities aimed at ensuring
 compliance with anti-money laundering or counter terrorist financing requirements.
 This definition is without prejudice to each Party’s right to identify additional competent
 authorities that can access information about beneficial owners.
 2. Each Party shall ensure that legal entities in its territory maintain adequate, accurate and up-
 to-date information about beneficial owners. Each Party shall put in place mechanisms to ensure
 that their competent authorities have timely access to such information.
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 ---pagebreak--- 3. Each Party shall establish or maintain a central register holding adequate, up-to-date and
 accurate information about beneficial owners. In the case of the Union, the central registers shall be
 set up at the level of the Member States. This obligation shall not apply in respect of legal entities
 listed on a stock exchange that are subject to disclosure requirements regarding an adequate level of
 transparency. Where no beneficial owner is identified in respect of an entity, the register shall hold
 alternative information, such as a statement that no beneficial owner has been identified or details
 of the natural person or persons who hold the position of senior managing official in the legal entity.
 4. Each Party shall ensure that the information held in its central register or registers is made
 available to its competent authorities without restriction and in a timely manner.
 5. Each Party shall ensure that basic information about beneficial owners is made available to
 any member of the public. Limited exceptions may be made to the public availability of information
 under this paragraph in cases where public access would expose the beneficial owner to
 disproportionate risks, such as risks of fraud, kidnapping, blackmail, extortion, harassment, violence
 or intimidation, or where the beneficial owner is a minor or otherwise legally incapable.
 6. Each Party shall ensure that there are effective, proportionate and dissuasive sanctions
 against legal or natural persons who fail to comply with requirements imposed on them in
 connection with the matters referred to in this Article.
 7. Each Party shall ensure that its competent authorities are able to provide the information
 referred to in paragraphs 2 and 3 to the competent authorities of the other Party in a timely and
 effective manner and free of charge. To that end, the Parties shall consider ways to ensure the
 secure exchange of information.
 Article LAW.AML.130 Beneficial ownership transparency of legal arrangements
 1. For the purposes of this Article, the following definitions apply:
 (a) “beneficial owner” means the settlor, the protector (if any), trustees, the beneficiary or class
 of beneficiaries, any person holding an equivalent position in relation to a legal arrangement
 with a structure or function similar to an express trust, and any other natural person
 exercising ultimate effective control over a trust or a similar legal arrangement;
 (b) “competent authorities” means:
 (i) public authorities, including Financial Intelligence Units, that have designated
 responsibilities for combating money laundering or terrorist financing;
 (ii) public authorities that have the function of investigating or prosecuting money
 laundering, associated predicate offences or terrorist financing or the function of
 tracing, seizing or freezing and confiscating criminal assets;
 (iii) public authorities that have supervisory or monitoring responsibilities aimed at ensuring
 compliance with anti-money laundering or counter terrorist financing requirements.
 This definition is without prejudice to each Party’s right to identify additional competent
 authorities that can access information about beneficial owners.
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 ---pagebreak--- 2. Each Party shall ensure that trustees of express trusts maintain adequate, accurate and up-
 to-date information about beneficial owners. These measures shall also apply to other legal
 arrangements identified by each Party as having a structure or function similar to trusts.
 3. Each Party shall put in place mechanisms to ensure that its competent authorities have
 timely access to adequate, accurate and up-to-date information about beneficial owners of express
 trusts and other legal arrangements with a structure or function similar to trusts in its territory.
 4. If the beneficial ownership information about trusts or similar legal arrangements is held in a
 central register, the State concerned shall ensure that the information is adequate, accurate and up-
 to-date, and that competent authorities have timely and unrestricted access to such information.
 The Parties shall endeavour to consider ways to provide access to beneficial ownership information
 about trusts and similar legal arrangements to individuals or organisations who can demonstrate a
 legitimate interest in seeing such information.
 5. Each Party shall ensure that there are effective, proportionate and dissuasive sanctions
 against legal or natural persons who fail to comply with requirements imposed on them in
 connection with the matters referred to in this Article.
 6. Each Party shall ensure that its competent authorities are able to provide the information
 referred to in paragraph 3 to the competent authorities of the other Party in a timely and effective
 manner and free of charge. To that end, the Parties shall consider ways to ensure the secure
 exchange of information.
 TITLE XI: FREEZING AND CONFISCATION
 Article LAW.CONFISC.1: Objective and principles of cooperation
 1. The objective of this Title is to provide for cooperation between the United Kingdom, on the
 one side, and the Member States, on the other side, to the widest extent possible for the purposes
 of investigations and proceedings aimed at the freezing of property with a view to subsequent
 confiscation thereof and investigations and proceedings aimed at the confiscation of property within
 the framework of proceedings in criminal matters. This does not preclude other cooperation
 pursuant to Article LAW.CONFISC.10(5) and (6) [Obligation to confiscate]. This Title also provides for
 cooperation with Union bodies designated by the Union for the purposes of this Title.
 2. Each State shall comply, under the conditions provided for in this Title, with requests from
 another State:
 (a) for the confiscation of specific items of property, as well as for the confiscation of proceeds
 consisting in a requirement to pay a sum of money corresponding to the value of proceeds;
 (b) for investigative assistance and provisional measures with a view to either form of
 confiscation referred to in point (a).
 3. Investigative assistance and provisional measures sought under point (b) of paragraph 2
 shall be carried out as permitted by and in accordance with the domestic law of the requested State.
 Where the request concerning one of these measures specifies formalities or procedures which are
 necessary under the domestic law of the requesting State, even if unfamiliar to the requested State,
 the latter shall comply with such requests to the extent that the action sought is not contrary to the
 fundamental principles of its domestic law.
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 ---pagebreak--- 4. The requested State shall ensure that the requests coming from another State to identify,
 trace, freeze or seize the proceeds and instrumentalities, receive the same priority as those made in
 the framework of domestic procedures.
 5. When requesting confiscation, investigative assistance and provisional measures for the
 purposes of confiscation, the requesting State shall ensure that the principles of necessity and
 proportionality are respected.
 6. The provisions of this Title apply in place of the “international cooperation” Chapters of the
 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from
 Crime and on the Financing of Terrorism, done at Warsaw on 16 May 2005 (“the 2005 Convention”)
 and the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime,
 done at Strasbourg on 8 November 1990 (“the 1990 Convention”). Article LAW.CONFISC.2
 [Definitions] of this Agreement replaces the corresponding definitions in Article 1 of the 2005
 Convention and Article 1 of the 1990 Convention. The provisions of this Title do not affect the States’
 obligations under the other provisions of the 2005 Convention and the 1990 Convention.
 Article LAW.CONFISC.2: Definitions
 For the purposes of this Title, the following definitions apply:
 (a) “confiscation” means a penalty or a measure ordered by a court following proceedings in
 relation to a criminal offence or criminal offences, resulting in the final deprivation of
 property;
 (b) “freezing” or “seizure” means temporarily prohibiting the transfer, destruction, conversion,
 disposition or movement of property or temporarily assuming custody or control of property
 on the basis of an order issued by a court or other competent authority;
 (c) “instrumentalities” means any property used or intended to be used, in any manner, wholly or
 in part, to commit a criminal offence or criminal offences;
 (d) “judicial authority” means an authority that is, under domestic law, a judge, a court or a public
 prosecutor; a public prosecutor is considered a judicial authority only to the extent that
 domestic law so provides;
 (e) “proceeds” means any economic benefit, derived from or obtained, directly or indirectly, from
 criminal offences, or an amount of money equivalent to that economic benefit; it may consist
 of any property as defined in this Article;
 (f) “property” includes property of any description, whether corporeal or incorporeal, movable or
 immovable, and legal documents or instruments evidencing title or interest in such property,
 which the requesting State considers to be:
 (i) the proceeds of a criminal offence, or its equivalent, whether the full amount of the
 value of such proceeds or only part of the value of such proceeds;
 (ii) the instrumentalities of a criminal offence, or the value of such instrumentalities;
 (iii) subject to confiscation under any other provisions relating to powers of confiscation
 under the law of the requesting State, following proceedings in relation to a criminal
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 ---pagebreak--- offence, including third party confiscation, extended confiscation and confiscation
 without final conviction.
 Article LAW.CONFISC.3: Obligation to assist
 The States shall afford each other, upon request, the widest possible measure of assistance in the
 identification and tracing of instrumentalities, proceeds and other property liable to confiscation.
 Such assistance shall include any measure providing and securing evidence as to the existence,
 location or movement, nature, legal status or value of those instrumentalities, proceeds or other
 property.
 Article LAW.CONFISC.4: Requests for information on bank accounts and safe deposit boxes
 1. The requested State shall, under the conditions set out in this Article, take the measures
 necessary to determine, in answer to a request sent by another State, whether a natural or legal
 person that is the subject of a criminal investigation holds or controls one or more accounts, of
 whatever nature, in any bank located in its territory and, if so, provide the details of the identified
 accounts. These details shall in particular include the name of the customer account holder and the
 IBAN number, and, in the case of safe deposit boxes, the name of the lessee or a unique
 identification number.
 2. The obligation set out in paragraph 1 applies only to the extent that the information is in the
 possession of the bank keeping the account.
 3. In addition to the requirements of Article LAW.CONFISC.25 [Content of request], the
 requesting State shall, in the request:
 (a) indicate why it considers that the requested information is likely to be of substantial value for
 the purposes of the criminal investigation into the offence;
 (b) state on what grounds it presumes that banks in the requested State hold the account and
 specify, to the widest extent possible, which banks and accounts may be involved; and
 (c) include any additional information available which may facilitate the execution of the request.
 4. The United Kingdom and the Union, acting on behalf of any of its Member States, may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation that this Article will
 be extended to accounts held in non-bank financial institutions. Such notifications may be made
 subject to the principle of reciprocity.
 Article LAW.CONFISC.5: Requests for information on banking transactions
 1. On request by another State, the requested State shall provide the particulars of specified
 bank accounts and of banking operations which have been carried out during a specified period
 through one or more accounts specified in the request, including the particulars of any sending or
 recipient account.
 2. The obligation set out in paragraph 1 applies only to the extent that the information is in the
 possession of the bank keeping the account.
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 ---pagebreak--- 3. In addition to the requirements of Article LAW.CONFISC.25 [Content of request], the
 requesting State shall indicate in its request why it considers the requested information relevant for
 the purposes of the criminal investigation into the offence.
 4. The requested State may make the execution of such a request dependent on the same
 conditions as it applies in respect of requests for search and seizure.
 5. The United Kingdom and the Union, acting on behalf of any of its Member States, may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation that this Article will
 be extended to accounts held in non-bank financial institutions. Such notifications may be made
 subject to the principle of reciprocity.
 Article LAW.CONFISC.6: Requests for the monitoring of banking transactions
 1. The requested State shall ensure that, at the request of another State, it is able to monitor,
 during a specified period, the banking operations that are being carried out through one or more
 accounts specified in the request and to communicate the results of the monitoring to the
 requesting State.
 2. In addition to the requirements of Article LAW.CONFISC.25 [Content of request], the
 requesting State shall indicate in its request why it considers the requested information relevant for
 the purposes of the criminal investigation into the offence.
 3. The decision to monitor shall be taken in each individual case by the competent authorities
 of the requested State, in accordance with its domestic law.
 4. The practical details regarding the monitoring shall be agreed between the competent
 authorities of the requesting and requested States.
 5. The United Kingdom and the Union, acting on behalf of any of its Member States, may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation that this Article will
 be extended to accounts held in non-bank financial institutions. Such notifications may be made
 subject to the principle of reciprocity.
 Article LAW.CONFISC.7: Spontaneous information
 Without prejudice to its own investigations or proceedings, a State may without prior request
 forward to another State information on instrumentalities, proceeds and other property liable to
 confiscation, where it considers that the disclosure of such information might assist the receiving
 State in initiating or carrying out investigations or proceedings or might lead to a request by that
 State under this Title.
 Article LAW.CONFISC.8: Obligation to take provisional measures
 1. At the request of another State which has instituted a criminal investigation or proceedings,
 or an investigation or proceedings for the purposes of confiscation, the requested State shall take
 the necessary provisional measures, such as freezing or seizing, to prevent any dealing in, transfer or
 disposal of property which, at a later stage, may be the subject of a request for confiscation or which
 might satisfy the request.
 2. A State which has received a request for confiscation pursuant to Article LAW.CONFISC.10
 [Obligation to confiscate] shall, if so requested, take the measures referred to in paragraph 1 of this
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 ---pagebreak--- Article in respect of any property which is the subject of the request or which might satisfy the
 request.
 3. Where a request is received under this Article, the requested State shall take all necessary
 measures to comply with the request without delay and with the same speed and priority as for a
 similar domestic case and send confirmation without delay and by any means of producing a written
 record to the requesting State.
 4. Where the requesting State states that immediate freezing is necessary since there are
 legitimate grounds to believe that the property in question will immediately be removed or
 destroyed, the requested State shall take all necessary measures to comply with the request within
 96 hours of receiving the request and send confirmation to the requesting State by any means of
 producing a written record and without delay.
 5. Where the requested State is unable to comply with the time limits under paragraph 4, the
 requested State shall immediately inform the requesting State, and consult with the requesting State
 on the appropriate next steps.
 6. Any expiration of the time limits under paragraph 4 does not extinguish the requirements
 placed on the requested State by this Article.
 Article LAW.CONFISC.9: Execution of provisional measures
 1. After the execution of the provisional measures requested in conformity with Article
 LAW.CONFISC.8(1) [Obligation to take provisional measures], the requesting State shall provide
 spontaneously and as soon as possible to the requested State all information which may question or
 modify the extent of those measures. The requesting State shall also provide without delay all
 complementary information required by the requested State and which is necessary for the
 implementation of and the follow-up to the provisional measures.
 2. Before lifting any provisional measure taken pursuant to Article LAW.CONFISC.8 [Obligation
 to take provisional measures], the requested State shall, wherever possible, give the requesting
 State an opportunity to present its reasons in favour of continuing the measure.
 Article LAW.CONFISC.10: Obligation to confiscate
 1. The State which has received a request for confiscation of property situated in its territory
 shall:
 (a) enforce a confiscation order made by a court of the requesting State in relation to such
 property; or
 (b) submit the request to its competent authorities for the purpose of obtaining an order of
 confiscation and, if such an order is granted, enforce it.
 2. For the purposes of point (b) of paragraph 1, the States shall, whenever necessary, have
 competence to institute confiscation proceedings under their own domestic law.
 3. Paragraph 1 also applies to confiscation consisting in a requirement to pay a sum of money
 corresponding to the value of proceeds, if property against which the confiscation can be enforced is
 located in the requested State. In such cases, when enforcing confiscation pursuant to paragraph 1,
 363
 ---pagebreak--- the requested State shall, if payment is not obtained, realise the claim on any property available for
 that purpose.
 4. If a request for confiscation concerns a specific item of property, the requesting State and
 requested State may agree that the requested State may enforce the confiscation in the form of a
 requirement to pay a sum of money corresponding to the value of the property.
 5. A State shall cooperate to the widest extent possible under its domestic law with a State
 requesting the execution of measures equivalent to confiscation of property, where the request has
 not been issued in the framework of proceedings in criminal matters, in so far as such measures are
 ordered by a judicial authority of the requesting State in relation to a criminal offence, provided that
 it has been established that the property constitutes proceeds or:
 (a) other property into which the proceeds have been transformed or converted;
 (b) property acquired from legitimate sources, if proceeds have been intermingled, in whole or in
 part, with such property, up to the assessed value of the intermingled proceeds; or
 (c) income or other benefit derived from the proceeds, from property into which proceeds of
 crime have been transformed or converted or from property with which the proceeds of crime
 have been intermingled, up to the assessed value of the intermingled proceeds, in the same
 manner and to the same extent as proceeds.
 6. The measures referred to in paragraph 5 include measures which allow the seizure,
 detention and forfeiture of property and assets by means of applications to civil courts.
 7. The requested State shall take the decision on the execution of the confiscation order
 without delay, and, without prejudice to paragraph 8 of this Article, no later than 45 days after
 receiving the request. The requested State shall send confirmation to the requesting State by any
 means of producing a written record and without delay. Unless grounds for postponement under
 Article LAW.CONFISC.17 [Postponement] exist, the requested State shall take the concrete measures
 necessary to execute the confiscation order without delay and, at least, with the same speed and
 priority as for a similar domestic case.
 8. Where the requested State is unable to comply with the time limit under paragraph 7, the
 requested State shall immediately inform the requesting State, and consult with the requesting State
 on the appropriate next steps.
 9. Any expiration of the time limit under paragraph 7 does not extinguish the requirements
 placed on the requested State by this Article.
 Article LAW.CONFISC.11: Execution of confiscation
 1. The procedures for obtaining and enforcing the confiscation under Article LAW.CONFISC.10
 [Obligation to confiscate] shall be governed by the domestic law of the requested State.
 2. The requested State shall be bound by the findings as to the facts in so far as they are stated
 in a conviction or judicial decision issued by a court of the requesting State or in so far as such
 conviction or judicial decision is implicitly based on them.
 364
 ---pagebreak--- 3. If the confiscation consists in the requirement to pay a sum of money, the competent
 authority of the requested State shall convert the amount thereof into the currency of that State at
 the rate of exchange applicable at the time when the decision to enforce the confiscation is taken.
 Article LAW.CONFISC.12: Confiscated property
 1. Subject to paragraphs 2 and 3 of this Article, property confiscated pursuant to Articles
 LAW.CONFISC.10 [Obligation to confiscate] and LAW.CONFISC.11 [Execution of confiscation] shall be
 disposed of by the requested State in accordance with its domestic law and administrative
 procedures.
 2. When acting on the request made by another State pursuant to Article LAW.CONFISC.10
 [Obligation to confiscate], the requested State shall, to the extent permitted by its domestic law and
 if so requested, give priority consideration to returning the confiscated property to the requesting
 State so that it can give compensation to the victims of the crime or return such property to their
 legitimate owners.
 3. Where acting on the request made by another State in accordance with Article
 LAW.CONFISC.10 [Obligation to confiscate], and after having taken into account the right of a victim
 to restitution or compensation of property pursuant to paragraph 2 of this Article, the requested
 State shall dispose of the money obtained as a result of the execution of a confiscation order as
 follows:
 (a) if the amount is equal to or less than EUR 10 000, the amount shall accrue to the requested
 State; or
 (b) if the amount is greater than EUR 10 000, the requested State shall transfer 50 % of the
 amount recovered to the requesting State.
 4. Notwithstanding paragraph 3, the requesting State and requested State may, on a case-by-
 case basis, give special consideration to concluding other such agreements or arrangements on
 disposal of property as they deem appropriate.
 Article LAW.CONFISC.13: Right of enforcement and maximum amount of confiscation
 1. A request for confiscation made under Article LAW.CONFISC.10 [Obligation to confiscate]
 does not affect the right of the requesting State to enforce the confiscation order itself.
 2. Nothing in this Title shall be interpreted as permitting the total value of the confiscation to
 exceed the amount of the sum of money specified in the confiscation order. If a State finds that this
 might occur, the States concerned shall enter into consultations to avoid such an effect.
 Article LAW.CONFISC.14: Imprisonment in default
 The requested State shall not impose imprisonment in default or any other measure restricting the
 liberty of a person as a result of a request under Article LAW.CONFISC.10 [Obligation to confiscate]
 without the consent of the requesting State.
 Article LAW.CONFISC.15: Grounds for refusal
 1. Cooperation under this Title may be refused if:
 365
 ---pagebreak--- (a) the requested State considers that executing the request would be contrary to the principle of
 ne bis in idem; or
 (b) the offence to which the request relates does not constitute an offence under the domestic
 law of the requested State if committed within its jurisdiction; however, this ground for
 refusal applies to cooperation under Articles LAW.CONFISC.3 [Obligation to assist] to
 LAW.CONFISC.7 [Spontaneous information] only in so far as the assistance sought involves
 coercive action.
 2. The United Kingdom and the Union, acting on behalf of any of its Member States, may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation that, on the basis of
 reciprocity, the condition of double criminality referred to in point (b) of paragraph 1 of this Article
 will not be applied provided that the offence giving rise to the request is:
 (a) one of the offences listed in Article LAW.SURR.79(4) [Scope], as defined by the law of the
 requesting State; and
 (b) punishable by the requesting State by a custodial sentence or a detention order for a
 maximum period of at least three years.
 3. Cooperation under Articles LAW.CONFISC.3 [Obligation to assist] to LAW.CONFISC.7
 [Spontaneous information], in so far as the assistance sought involves coercive action, and under
 Articles LAW.CONFISC.8 [Obligation to take provisional measures] and LAW.CONFISC.9 [Execution of
 provisional measures] may also be refused if the measures sought could not be taken under the
 domestic law of the requested State for the purposes of investigations or proceedings in a similar
 domestic case.
 4. Where the domestic law of the requested State so requires, cooperation under Articles
 LAW.CONFISC.3 [Obligation to assist] to LAW.CONFISC.7 [Spontaneous information], in so far as the
 assistance sought involves coercive action, and under Articles LAW.CONFISC.8 [Obligation to take
 provisional measures] and LAW.CONFISC.9 [Execution of provisional measures] may also be refused
 if the measures sought or any other measures having similar effects would not be permitted under
 the domestic law of the requesting State, or, as regards the competent authorities of the requesting
 State, if the request is not authorised by a judicial authority acting in relation to criminal offences.
 5. Cooperation under Articles LAW.CONFISC.10 [Obligation to confiscate] to LAW.CONFISC.14
 [Imprisonment in default] may also be refused if:
 (a) under the domestic law of the requested State, confiscation is not provided for in respect of
 the type of offence to which the request relates;
 (b) without prejudice to the obligation pursuant to Article LAW.CONFISC.10(3) [Obligation to
 confiscate], it would be contrary to the principles of the domestic law of the requested State
 concerning the limits of confiscation in respect of the relationship between an offence and:
 (i) an economic advantage that might be qualified as its proceeds; or
 (ii) property that might be qualified as its instrumentalities;
 (c) under the domestic law of the requested State, confiscation may no longer be imposed or
 enforced because of the lapse of time;
 366
 ---pagebreak--- (d) without prejudice to Article LAW.CONFISC.10 (5) and (6) [Obligation to confiscate], the
 request does not relate to a previous conviction, or a decision of a judicial nature or a
 statement in such a decision that an offence or several offences have been committed, on the
 basis of which the confiscation has been ordered or is sought;
 (e) confiscation is either not enforceable in the requesting State, or it is still subject to ordinary
 means of appeal; or
 (f) the request relates to a confiscation order resulting from a decision rendered in absentia of
 the person against whom the order was issued and, in the opinion of the requested State, the
 proceedings conducted by the requesting State leading to such decision did not satisfy the
 minimum rights of defence recognised as due to everyone against whom a criminal charge is
 made.
 6. For the purposes of point (f) of paragraph 5 a decision is not considered to have been
 rendered in absentia if:
 (a) it has been confirmed or pronounced after opposition by the person concerned; or
 (b) it has been rendered on appeal, provided that the appeal was lodged by the person
 concerned.
 7. When considering, for the purposes of point (f) of paragraph 5, whether the minimum rights
 of defence have been satisfied, the requested State shall take into account the fact that the person
 concerned has deliberately sought to evade justice or the fact that that person, having had the
 possibility of lodging a legal remedy against the decision made in absentia, elected not to do so. The
 same applies where the person concerned, having been duly served with the summons to appear,
 elected not to do so nor to ask for adjournment.
 8. The States shall not invoke bank secrecy as a ground to refuse any cooperation under this
 Title. Where its domestic law so requires, a requested State may require that a request for
 cooperation which would involve the lifting of bank secrecy be authorised by a judicial authority
 acting in relation to criminal offences.
 9. The requested State shall not invoke the fact that:
 (a) the person under investigation or subject to a confiscation order by the authorities of the
 requesting State is a legal person as an obstacle to affording any cooperation under this Title;
 (b) the natural person against whom an order of confiscation of proceeds has been issued has
 died or a legal person against whom an order of confiscation of proceeds has been issued has
 subsequently been dissolved as an obstacle to affording assistance in accordance with point
 (a) of Article LAW.CONFISC.10(1) [Obligation to confiscate]; or
 (c) the person under investigation or subject to a confiscation order by the authorities of the
 requesting State is mentioned in the request both as the author of the underlying criminal
 offence and of the offence of money laundering as an obstacle to affording any cooperation
 under this Title.
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 ---pagebreak--- Article LAW.CONFISC.16: Consultation and information
 Where there are substantial grounds for believing that the execution of a freezing or confiscation
 order would entail a real risk for the protection of fundamental rights, the requested State shall,
 before it decides on the execution of the freezing or confiscation order, consult the requesting State
 and may require any necessary information to be provided.
 Article LAW.CONFISC.17: Postponement
 The requested State may postpone action on a request if such action would prejudice investigations
 or proceedings by its authorities.
 Article LAW.CONFISC.18: Partial or conditional granting of a request
 Before refusing or postponing cooperation under this Title, the requested State shall, where
 appropriate after having consulted the requesting State, consider whether the request may be
 granted partially or subject to such conditions as it deems necessary.
 Article LAW.CONFISC.19: Notification of documents
 1. The States shall afford each other the widest measure of mutual assistance in the serving of
 judicial documents to persons affected by provisional measures and confiscation.
 2. Nothing in this Article is intended to interfere with:
 (a) the possibility of sending judicial documents, by postal channels, directly to persons abroad;
 and
 (b) the possibility for judicial officers, officials or other competent authorities of the State of
 origin to effect service of judicial documents directly through the consular authorities of that
 State or through the judicial authorities, including judicial officers and officials, or other
 competent authorities of the State of destination.
 3. When serving judicial documents to persons abroad affected by provisional measures or
 confiscation orders issued in the sending State, that State shall indicate what legal remedies are
 available under its domestic law to such persons.
 Article LAW.CONFISC.20: Recognition of foreign decisions
 1. When dealing with a request for cooperation under Articles LAW.CONFISC.8 [Obligation to
 take provisional measures] to LAW.CONFISC.14 [Imprisonment in default] the requested State shall
 recognise any decision issued by a judicial authority taken in the requesting State regarding rights
 claimed by third parties.
 2. Recognition may be refused if:
 (a) third parties did not have adequate opportunity to assert their rights;
 (b) the decision is incompatible with a decision already taken in the requested State on the same
 matter;
 (c) it is incompatible with the ordre public of the requested State; or
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 ---pagebreak--- (d) the decision was taken contrary to provisions on exclusive jurisdiction provided for by the
 domestic law of the requested State.
 Article LAW.CONFISC.21: Authorities
 1. Each State shall designate a central authority to be responsible for sending and answering
 requests made under this Title, the execution of such requests or their transmission to the
 authorities competent for their execution.
 2. The Union may designate a Union body which may, in addition to the competent authorities
 of the Member States, make and, if appropriate, execute requests under this Title. Any such request
 is to be treated for the purposes of this Title as a request by a Member State. The Union may also
 designate that Union body as the central authority responsible for the purpose of sending and
 answering requests made under this Title by, or to, that body.
 Article LAW.CONFISC.22: Direct communication
 1. The central authorities shall communicate directly with one another.
 2. In urgent cases, requests or communications under this Title may be sent directly by the
 judicial authorities of the requesting State to judicial authorities of the requested State. In such
 cases, a copy shall be sent at the same time to the central authority of the requested State through
 the central authority of the requesting State.
 3. Where a request is made pursuant to paragraph 2 and the authority is not competent to
 deal with the request, it shall refer the request to the competent national authority and shall directly
 inform the requesting State that it has done so.
 4. Requests or communications under Articles LAW.CONFISC.3 [Obligation to assist] to
 LAW.CONFISC.7 [Spontaneous information], which do not involve coercive action, may be directly
 transmitted by the competent authorities of the requesting State to the competent authorities of
 the requested State.
 5. Draft requests or communications under this Title may be sent directly by the judicial
 authorities of the requesting State to the judicial authorities of the requested State prior to a formal
 request to ensure that the formal request can be dealt with efficiently upon receipt and that it
 contains sufficient information and supporting documentation for it to meet the requirements of the
 law of the requested State.
 Article LAW.CONFISC.23: Form of request and languages
 1. All requests under this Title shall be made in writing. They may be transmitted electronically,
 or by any other means of telecommunication, provided that the requesting State is prepared, upon
 request, to produce a written record of such communication and the original at any time.
 2. Requests under paragraph 1 shall be made in one of the official languages of the requested
 State or in any other language notified by or on behalf of the requested State in accordance with
 paragraph 3.
 3. The United Kingdom and the Union, acting on behalf of any of its Member States, may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation of the language or
 369
 ---pagebreak--- languages which, in addition to the official language or languages of that State, may be used for
 making requests under this Title.
 4. Requests under Article LAW.CONFISC.8 [Obligation to take provisional measures] for
 provisional measures shall be made using the prescribed form at ANNEX LAW-8.
 5. Requests under Article LAW.CONFISC.10 [Obligation to confiscate] for confiscation shall be
 made using the prescribed form at ANNEX LAW-8.
 6. The Specialised Committee on Law Enforcement and Judicial Cooperation may amend the
 forms referred to in paragraphs 4 and 5 as may be necessary.
 7. The United Kingdom and the Union, acting on behalf of any of its Member States may each
 notify the Specialised Committee on Law Enforcement and Judicial Cooperation that it requires the
 translation of any supporting documents into one of the official languages of the requested State or
 any other language indicated in accordance with paragraph 3 of this Article. In the case of requests
 pursuant to Article LAW.CONFISC.8(4) [Obligation to take provisional measures], such translation of
 supporting documents may be provided to the requested State within 48 hours after transmitting
 the request, without prejudice to the time limits provided for in Article LAW.CONFISC.8(4)
 [Obligation to take provisional measures].
 Article LAW.CONFISC.24: Legalisation
 Documents transmitted in application of this Title shall be exempt from all legalisation formalities.
 Article LAW.CONFISC.25: Content of request
 1. Any request for cooperation under this Title shall specify:
 (a) the authority making the request and the authority carrying out the investigations or
 proceedings;
 (b) the object of and the reason for the request;
 (c) the matters, including the relevant facts (such as date, place and circumstances of the
 offence) to which the investigations or proceedings relate, except in the case of a request for
 notification;
 (d) insofar as the cooperation involves coercive action:
 (i) the text of the statutory provisions or, where that is not possible, a statement of the
 relevant applicable law; and
 (ii) an indication that the measure sought or any other measures having similar effects
 could be taken in the territory of the requesting State under its own domestic law;
 (e) where necessary and in so far as possible:
 (i) details of the person or persons concerned, including name, date and place of birth,
 nationality and location, and, in the case of a legal person, its seat; and
 370
 ---pagebreak--- (ii) the property in relation to which cooperation is sought, its location, its connection with
 the person or persons concerned, any connection with the offence, as well as any
 available information about other persons, interests in the property; and
 (f) any particular procedure the requesting State wishes to be followed.
 2. A request for provisional measures under Article LAW.CONFISC.8 [Obligation to take
 provisional measures] in relation to seizure of property on which a confiscation order consisting of
 the requirement to pay a sum of money may be realised shall also indicate a maximum amount for
 which recovery is sought in that property.
 3. In addition to the information referred to in paragraph 1 of this Article, any request under
 Article LAW.CONFISC.10 [Obligation to confiscate] shall contain:
 (a) in the case of point (a) of Article LAW.CONFISC.10(1) [Obligation to confiscate]:
 (i) a certified true copy of the confiscation order made by the court in the requesting State
 and a statement of the grounds on the basis of which the order was made, if they are
 not indicated in the order itself;
 (ii) an attestation by the competent authority of the requesting State that the confiscation
 order is enforceable and not subject to ordinary means of appeal;
 (iii) information as to the extent to which the enforcement of the order is requested; and
 (iv) information as to the necessity of taking any provisional measures;
 (b) in the case of point (b) of Article LAW.CONFISC.10(1) [Obligation to confiscate], a statement of
 the facts relied upon by the requesting State sufficient to enable the requested State to seek
 the order under its domestic law;
 (c) where third parties have had the opportunity to claim rights, documents demonstrating that
 this has been the case.
 Article LAW.CONFISC.26: Defective requests
 1. If a request does not comply with the provisions of this Title or the information supplied is
 not sufficient to enable the requested State to deal with the request, that State may ask the
 requesting State to amend the request or to complete it with additional information.
 2. The requested State may set a time limit for the receipt of such amendments or information.
 3. Pending receipt of the requested amendments or information in relation to a request under
 Article LAW.CONFISC.10 [Obligation to confiscate], the requested State may take any of the
 measures referred to in Articles LAW.CONFISC.3 [Obligation to assist] to LAW.CONFISC.9 [Execution
 of provisional measures].
 Article LAW.CONFISC.27: Plurality of requests
 1. Where the requested State receives more than one request under Article LAW.CONFISC.8
 [Obligation to take provisional measures] or Article LAW.CONFISC.10 [Obligation to confiscate] in
 371
 ---pagebreak--- respect of the same person or property, the plurality of requests shall not prevent that State from
 dealing with the requests involving the taking of provisional measures.
 2. In the case of a plurality of requests under Article LAW.CONFISC.10 [Obligation to
 confiscate], the requested State shall consider consulting the requesting States.
 Article LAW.CONFISC.28: Obligation to give reasons
 The requested State shall give reasons for any decision to refuse, postpone or make conditional any
 cooperation under this Title.
 Article LAW.CONFISC.29: Information
 1. The requested State shall promptly inform the requesting State of:
 (a) the action initiated on the basis of a request under this Title;
 (b) the final result of the action carried out on the basis of a request under this Title;
 (c) a decision to refuse, postpone or make conditional, in whole or in part, any cooperation under
 this Title;
 (d) any circumstances which render impossible the carrying out of the action sought or are likely
 to delay it significantly; and
 (e) in the event of provisional measures taken pursuant to a request under Articles
 LAW.CONFISC.3 [Obligation to assist] to Article LAW.CONFISC.8 [Obligation to take provisional
 measures], such provisions of its domestic law as would automatically lead to the lifting of the
 provisional measure.
 2. The requesting State shall promptly inform the requested State of:
 (a) any review, decision or any other fact by reason of which the confiscation order ceases to be
 wholly or partially enforceable; and
 (b) any development, factual or legal, by reason of which any action under this Title is no longer
 justified.
 3. Where a State, on the basis of the same confiscation order, requests confiscation in more
 than one State, it shall inform all States which are affected by the enforcement of the order about
 the request.
 Article LAW.CONFISC.30: Restriction of use
 1. The requested State may make the execution of a request dependent on the condition that
 the information or evidence obtained is not, without its prior consent, to be used or transmitted by
 the authorities of the requesting State for investigations or proceedings other than those specified in
 the request.
 2. Without the prior consent of the requested State, information or evidence provided by it
 under this Title shall not be used or transmitted by the authorities of the requesting State in
 investigations or proceedings other than those specified in the request.
 372
 ---pagebreak--- 3. Personal data communicated under this Title may be used by the State to which they have
 been transferred:
 (a) for the purposes of proceedings to which this Title applies;
 (b) for other judicial and administrative proceedings directly related to proceedings referred to
 under point (a);
 (c) for preventing an immediate and serious threat to public security; or
 (d) for any other purpose, only with the prior consent of the communicating State, unless the
 State concerned has obtained the consent of the data subject.
 4. This Article shall also apply to personal data not communicated but obtained otherwise
 under this Title.
 5. This Article does not apply to personal data obtained by the United Kingdom or a Member
 State under this Title and originating from that State.
 Article LAW.CONFISC.31: Confidentiality
 1. The requesting State may require that the requested State keep confidential the facts and
 substance of the request, except to the extent necessary to execute the request. If the requested
 State cannot comply with the requirement of confidentiality, it shall promptly inform the requesting
 State.
 2. The requesting State shall, if not contrary to basic principles of its domestic law and if so
 requested, keep confidential any evidence and information provided by the requested State, except
 to the extent that its disclosure is necessary for the investigations or proceedings described in the
 request.
 3. Subject to the provisions of its domestic law, a State which has received spontaneous
 information under Article LAW.CONFISC.7 [Spontaneous information] shall comply with any
 requirement of confidentiality as required by the State which supplies the information. If the
 receiving State cannot comply with such a requirement, it shall promptly inform the transmitting
 State.
 Article LAW.CONFISC.32: Costs
 The ordinary costs of complying with a request shall be borne by the requested State. Where costs
 of a substantial or extraordinary nature are necessary to comply with a request, the requesting and
 requested States shall consult in order to agree the conditions on which the request is to be
 executed and how the costs will be borne.
 Article LAW.CONFISC.33: Damages
 1. Where legal action on liability for damages resulting from an act or omission in relation to
 cooperation under this Title has been initiated by a person, the States concerned shall consider
 consulting each other, where appropriate, to determine how to apportion any sum of damages due.
 2. A State which has become the subject of litigation for damages shall endeavour to inform
 the other State of such litigation if that State might have an interest in the case.
 373
 ---pagebreak--- Article LAW.CONFISC.34: Legal remedies
 1. Each State shall ensure that persons affected by measures under Articles LAW.CONFISC.8
 [Obligation to take provisional measures] to LAW.CONFISC.11 [Execution of confiscation] have
 effective legal remedies in order to preserve their rights.
 2. The substantive reasons for requested measures under Articles LAW.CONFISC.8 [Obligation
 to take provisional measures] to LAW.CONFISC.11 [Execution of confiscation] shall not be challenged
 before a court in the requested State.
 TITLE XII: OTHER PROVISIONS
 Article LAW.OTHER.134: Notifications
 1. By the date of entry into force of this Agreement, the Union and the United Kingdom shall
 make any of the notifications provided for in Article LAW.SURR.82(2) [Political offence
 exception], Article LAW.SURR.83(2) [Nationality exception], and Article LAW.SURR.91(4) [Consent to
 surrender] and shall, to the extent it is possible to do so, indicate whether no such notification is to
 be made.
 To the extent that such a notification or indication has not been made in relation to a State, at the
 point in time referred to in the first subparagraph, notifications may be made in relation to that
 State as soon as possible and at the latest two months after the entry into force of this Agreement.
 During that interim period, any State in relation to which no notification provided for in Article
 LAW.SURR.82(2) [Political offence exception], Article LAW.SURR.83(2) [Nationality exception], or
 Article LAW.SURR.91(4) [Consent to surrender] has been made, and which has not been the subject
 of an indication that no such notification is to be made, may avail itself of the possibilities provided
 for in that Article as if such a notification had been made in respect of that State. In the case of
 Article LAW.SURR.83(2) [Nationality exception], a State may only avail itself of the possibilities
 provided for in that Article to the extent that to do so is compatible with the criteria for making a
 notification.
 2. The notifications referred to in Article LAW.SURR.79(4) [Scope], Article LAW.SURR.85(1)
 [Recourse to the central authority], Article LAW.SURR.86(2) [Content and form of the arrest
 warrant], Article LAW.SURR.105(1) [Possible prosecution for other offences], Article
 LAW.SURR.106(1) [Surrender or subsequent extradition], Article LAW.CONFISC.4(4) [Requests for
 information on bank accounts and safe deposit boxes], Article LAW.CONFISC.5(5) [Requests for
 information on banking transactions], Article LAW.CONFISC.6(5) [Requests for the monitoring of
 banking transactions], Article LAW.CONFISC.15(2) [Grounds for refusal], and Article
 LAW.CONFISC.23(3) and (7) [Form of request and languages] may be made at any time.
 3. The notifications referred to in Article LAW.SURR.85(1) [Recourse to the central authority],
 Article LAW.SURR.86(2) [Content and form of the arrest warrant] and Article LAW.CONFISC.23(3)
 and (7) [Form of request and languages] may be modified at any time.
 4. The notifications referred to in Article LAW.SURR.82(2) [Political offence exception], Article
 LAW.SURR.83(2) [Nationality exception], Article LAW.SURR.85(1) [Recourse to the central authority
 ], Article LAW.SURR.91(4) [Consent to surrender], Article LAW.CONFISC.4(4) [Requests for
 information on bank accounts and safe deposit boxes], Article LAW.CONFISC.5(5) [Requests for
 374
 ---pagebreak--- information on banking transactions], and Article LAW.CONFISC.6(5) [Requests for the monitoring of
 banking transactions] may be withdrawn at any time.
 5. The Union shall publish information on notifications of the United Kingdom referred to in
 Article LAW.SURR.85(1) [Recourse to the central authority] in the Official Journal of the European
 Union.
 6. By the date of entry into force of this Agreement, the United Kingdom shall notify the Union
 of the identity of the following authorities:
 (a) the authority responsible for receiving and processing PNR data under Title III [Transfer and
 processing of passenger name record data (PNR)];
 (b) the authority considered as the competent law enforcement authority for the purposes of
 Title V [Cooperation with Europol] and a short description of its competences;
 (c) the national contact point designated under Article LAW.EUROPOL.50(1) [National contact
 point and liaison officers];
 (d) the authority considered as the competent authority for the purposes of Title VI [Cooperation
 with Eurojust] and a short description of its competences;
 (e) the contact point designated under Article LAW.EUROJUST.65(1) [Contact points to Eurojust];
 (f) the United Kingdom Domestic Correspondent for Terrorism Matters designated under Article
 LAW.EUROJUST.65(2) [Contact points to Eurojust];
 (g) the authority competent by virtue of domestic law of the United Kingdom to execute an arrest
 warrant, as referred to in point (c) of Article LAW.SURR.78 [Definitions], and the authority
 competent by virtue of the domestic law of the United Kingdom to issue an arrest warrant, as
 referred to in point (d) of Article LAW.SURR.78 [Definitions];
 (h) the authority designated by the United Kingdom under Article LAW.SURR.103(3) [Transit];
 (i) the central authority designated by the United Kingdom under Article LAW.EXINF.122 [Central
 authorities];
 (j) the central authority designated by the United Kingdom under Article LAW.CONFISC.21(1)
 [Authorities].
 The Union shall publish information about the authorities referred to in the first subparagraph in the
 Official Journal of the European Union.
 7. By the date of entry into force of this Agreement, the Union shall, on its behalf or on behalf
 of its Member States as the case may be, notify the United Kingdom, of the identity of the following
 authorities:
 (a) the Passenger Information Units established or designated by each Member State for the
 purposes of receiving and processing PNR data under Title III [Transfer and processing of
 passenger name record data (PNR)];
 375
 ---pagebreak--- (b) the authority competent by virtue of the domestic law of each Member State to execute an
 arrest warrant, as referred to in point (c) of Article LAW.SURR.78 [Definitions], and the
 authority competent by virtue of the domestic law of each Member State to issue an arrest
 warrant, as referred to in point (d) of Article LAW.SURR.78 [Definitions];
 (c) the authority designated for each Member State under Article LAW.SURR.103(3) [Transit];
 (d) the Union body referred to in Article LAW.MUTAS.114 [Definition of competent authority];
 (e) the central authority designated by each Member State under Article LAW.EXINF.122 [Central
 authorities];
 (f) the central authority designated by each Member State under Article LAW.CONFISC.21(1)
 [Authorities];
 (g) any Union body designated under the first sentence of Article LAW.CONFISC.21(2)
 [Authorities] and whether it is also designated as a central authority under the last sentence
 of that paragraph.
 8. The notifications made under paragraph 6 or 7 may be modified at any time. Such
 modifications shall be notified to the Specialised Committee on Law Enforcement and Judicial
 Cooperation.
 9. The United Kingdom and the Union may notify more than one authority with respect to
 points (a), (b), (d), (e), (g), (h), (i) and (j) of paragraph 6 and with respect to paragraph 7 respectively
 and may limit such notifications for particular purposes only.
 10. Where the Union makes the notifications referred to in this Article, it shall indicate to which
 of its Member States the notification applies or whether it is making the notification on its own
 behalf.
 Article LAW.OTHER.135: Review and evaluation
 1. This Part shall be jointly reviewed in accordance with Article FINPROV.3 [Review] or at the
 request of either Party where jointly agreed.
 2. The Parties shall decide in advance on how the review is to be conducted and shall
 communicate to each other the composition of their respective review teams. The review teams
 shall include persons with appropriate expertise with respect to the issues under review. Subject to
 applicable laws, all participants in a review shall be required to respect the confidentiality of the
 discussions and to have appropriate security clearances. For the purposes of such reviews, the
 United Kingdom and the Union shall make arrangements for appropriate access to relevant
 documentation, systems and personnel.
 3. Without prejudice to paragraph 2, the review shall in particular address the practical
 implementation, interpretation and development of this Part.
 Article LAW.OTHER.136: Termination
 1. Without prejudice to Article FINPROV.8 [Termination], each Party may at any moment
 terminate this Part by written notification through diplomatic channels. In that event, this Part shall
 cease to be in force on the first day of the ninth month following the date of notification.
 376
 ---pagebreak--- 2. However, if this Part is terminated on account of the United Kingdom or a Member State
 having denounced the European Convention on Human Rights or Protocols 1, 6 or 13 thereto, this
 Part shall cease to be in force as of the date that such denunciation becomes effective or, if the
 notification of its termination is made after that date, on the fifteenth day following such
 notification.
 3. If either Party gives notice of termination under this Article, the Specialised Committee on
 Law Enforcement and Judicial Cooperation shall meet to decide what measures are needed to
 ensure that any cooperation initiated under this Part is concluded in an appropriate manner. In any
 event, with regard to all personal data obtained through cooperation under this Part before it ceases
 to be in force, the Parties shall ensure that the level of protection under which the personal data
 were transferred is maintained after the termination takes effect.
 Article LAW.OTHER.137: Suspension
 1. In the event of serious and systemic deficiencies within one Party as regards the protection
 of fundamental rights or the principle of the rule of law, the other Party may suspend this Part or
 Titles thereof, by written notification through diplomatic channels. Such notification shall specify the
 serious and systemic deficiencies on which the suspension is based.
 2. In the event of serious and systemic deficiencies within one Party as regards the protection
 of personal data, including where those deficiencies have led to a relevant adequacy decision
 ceasing to apply, the other Party may suspend this Part or Titles thereof, by written notification
 through diplomatic channels. Such notification shall specify the serious and systemic deficiencies on
 which the suspension is based.
 3. For the purposes of paragraph 2, “relevant adequacy decision” means:
 (a) in relation to the United Kingdom, a decision adopted by the European Commission, in
 accordance with Article 36 of Directive (EU) 2016/68082 or analogous successor legislation,
 attesting to the adequate level of protection;
 (b) in relation to the Union, a decision adopted by the United Kingdom attesting to the adequate
 level of protection for the purposes of transfers falling within the scope of Part 3 of the Data
 Protection Act 201883 or analogous successor legislation.
 4. In relation to the suspension of Title III [Transfer and processing of passenger name record
 data (PNR)] or Title X [Anti-money laundering and counter terrorist financing], references to a
 “relevant adequacy decision” also include:
 82
 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the
 protection of natural persons with regard to the processing of personal data by competent authorities for the
 purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of
 criminal penalties, and on the free movement of such data, and repealing Council Framework Decision
 2008/977/JHA (OJ EU L 119, 4.5.2016, p. 89).
 83
 2018 chapter 12.
 377
 ---pagebreak--- (a) in relation to the United Kingdom, a decision adopted by the European Commission, in
 accordance with Article 45 of the General Data Protection Regulation (EU) 2016/67984 or
 analogous successor legislation attesting to the adequate level of protection;
 (b) in relation to the Union, a decision adopted by the United Kingdom attesting to the adequate
 level of protection for the purposes of transfers falling within the scope of Part 2 of the Data
 Protection Act 2018 or analogous successor legislation.
 5. The Titles concerned by the suspension shall provisionally cease to apply on the first day of
 the third month following the date of the notification referred to in paragraph 1 or 2, unless, no later
 than two weeks before the expiry of that period, as extended, as the case may be, in accordance
 with point (d) of paragraph 7, the Party which notified the suspension gives written notification to
 the other Party, through diplomatic channels, of its withdrawal of the first notification or of a
 reduction in scope of the suspension. In the latter case, only the Titles referred to in the second
 notification shall provisionally cease to apply.
 6. If one Party notifies the suspension of one or several Titles of this Part pursuant to
 paragraph 1 or 2, the other Party may suspend all of the remaining Titles, by written notification
 through diplomatic channels, with three months’ notice.
 7. Upon the notification of a suspension pursuant to paragraph 1 or 2, the Partnership Council
 shall immediately be seized of the matter. The Partnership Council shall explore possible ways of
 allowing the Party that notified the suspension to postpone its entry into effect, to reduce its scope
 or to withdraw it. To that end, upon a recommendation of the Specialised Committee on Law
 Enforcement and Judicial Cooperation, the Partnership Council may:
 (a) agree on joint interpretations of provisions of this Part;
 (b) recommend any appropriate action to the Parties;
 (c) adopt appropriate adaptations to this Part which are necessary to address the reasons
 underlying the suspension, with a maximum validity of 12 months; and
 (d) extend the period referred to in paragraph 5 by up to three months.
 8. If either Party gives notification of suspension under this Article, the Specialised Committee
 on Law Enforcement and Judicial Cooperation shall meet to decide what measures are needed to
 ensure that any cooperation initiated under this Part and affected by the notification is concluded in
 an appropriate manner. In any event, with regard to all personal data obtained through cooperation
 under this Part before the Titles concerned by the suspension provisionally cease to apply, the
 Parties shall ensure that the level of protection under which the personal data were transferred is
 maintained after the suspension takes effect.
 9. The suspended Titles shall be reinstated on the first day of the month following the day on
 which the Party having notified the suspension pursuant to paragraph 1 or 2 has given written
 84
 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
 protection of natural persons with regard to the processing of personal data and on the free movement of
 such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance)
 (OJ EU L 119, 4.5.2016, p. 1).
 378
 ---pagebreak--- notification to the other Party, through diplomatic channels, of its intention to reinstate the
 suspended Titles. The Party having notified the suspension pursuant to paragraph 1 or 2 shall do so
 immediately after the serious and systemic deficiencies on the part of the other Party on which the
 suspension was based have ceased to exist.
 10. Upon the notification of the intention to reinstate the suspended Titles in accordance with
 paragraph 9, the remaining Titles suspended pursuant to paragraph 6 shall be reinstated at the same
 time as the Titles suspended pursuant to paragraph 1 or 2.
 Article LAW.OTHER.138: Expenses
 The Parties and the Member States, including institutions, bodies, offices and agencies of the Parties
 or the Member States, shall bear their own expenses which arise in the course of implementation of
 this Part, unless otherwise provided for in this Agreement.
 TITLE XIII: DISPUTE SETTLEMENT
 Article LAW.DS.1: Objective
 The objective of this Title is to establish a swift, effective and efficient mechanism for avoiding and
 settling disputes between the Parties concerning this Part, including disputes concerning this Part
 when applied to situations governed by other provisions of this Agreement, with a view to reaching
 a mutually agreed solution, where possible.
 Article LAW.DS.2: Scope
 1. This Title applies to disputes between the Parties concerning this Part (the “covered
 provisions”).
 2. The covered provisions shall include all provisions of this Part, with the exception of:
 (a) Article LAW.GEN.5 [Scope for cooperation where a Member State no longer participates in
 analogous measures under Union law];
 (b) Article LAW.PRUM.19 [Suspension and disapplication];
 (c) Article LAW.PNR.28(14) [Retention of PNR data];
 (d) Article LAW.PNR.38 [Suspension of cooperation under this Title];
 (e) Article LAW.OTHER.136 [Termination];
 (f) Article LAW.OTHER.137 [Suspension]; and
 (g) Article LAW.DS.6 [Suspension].
 Article LAW.DS.3: Exclusivity
 The Parties undertake not to submit a dispute between them regarding this Part to a mechanism of
 settlement other than that provided for in this Title.
 379
 ---pagebreak--- Article LAW.DS.4: Consultations
 1. If a Party (“the complaining Party”) considers that the other Party (“the responding Party”)
 has breached an obligation under this Part, the Parties shall endeavour to resolve the matter by
 entering into consultations in good faith, with the aim of reaching a mutually agreed solution.
 2. The complaining Party may seek consultations by means of a written request delivered to
 the responding Party. The complaining Party shall specify in its written request the reasons for the
 request, including identification of the acts or omissions that the complaining Party considers as
 giving rise to the breach of an obligation by the responding Party, specifying the covered provisions
 it considers applicable.
 3. The responding Party shall reply to the request promptly, and no later than two weeks after
 the date of its delivery. Consultations shall be held regularly within a period of three months
 following the date of delivery of the request in person or by any other means of communication
 agreed by the Parties.
 4. The consultations shall be concluded within three months of the date of delivery of the
 request, unless the Parties agree to continue the consultations.
 5. The complaining Party may request that the consultations be held in the framework of the
 Specialised Committee on Law Enforcement and Judicial Cooperation or in the framework of the
 Partnership Council. The first meeting shall take place within one month of the request for
 consultations referred to in paragraph 2 of this Article. The Specialised Committee on Law
 Enforcement and Judicial Cooperation may at any time decide to refer the matter to the Partnership
 Council. The Partnership Council may also seize itself of the matter. The Specialised Committee on
 Law Enforcement and Judicial Cooperation, or as the case may be, the Partnership Council, may
 resolve the dispute by a decision. Such a decision shall be considered a mutually agreed solution
 within the meaning of Article LAW.DS.5 [Mutually agreed solution].
 6. The complaining Party may at any time unilaterally withdraw its request for consultations. In
 such a case, the consultations shall be terminated immediately.
 7. Consultations, and in particular all information designated as confidential and positions
 taken by the Parties during consultations, shall be confidential.
 Article LAW.DS.5: Mutually agreed solution
 1. The Parties may at any time reach a mutually agreed solution with respect to any dispute
 referred to in Article LAW.DS.2 [Scope].
 2. The mutually agreed solution may be adopted by means of a decision of the Specialised
 Committee on Law Enforcement and Judicial Cooperation or the Partnership Council. Where the
 mutually agreed solution consists of an agreement on joint interpretations of provisions of this Part
 by the Parties, that mutually agreed solution shall be adopted by means of a decision of the
 Partnership Council.
 3. Each Party shall take the measures necessary to implement the mutually agreed solution
 within the agreed time period.
 4. No later than the date of expiry of the agreed time period, the implementing Party shall
 inform the other Party in writing of any measures taken to implement the mutually agreed solution.
 380
 ---pagebreak--- Article LAW.DS.6: Suspension
 1. Where consultations under Article LAW.DS.4 [Consultations] have not led to a mutually
 agreed solution within the meaning of Article LAW.DS.5 [Mutually agreed solution], provided that
 the complaining Party has not withdrawn its request for consultations in accordance with Article
 LAW.DS.4(6) [Consultations], and where it considers that the respondent Party is in serious breach of
 its obligations under the covered provisions referred to in Article LAW.DS.4(2) [Consultations], the
 complaining Party may suspend the Titles of this Part to which the serious breach pertains, by
 written notification through diplomatic channels. Such notification shall specify the serious breach of
 obligations by the responding Party on which the suspension is based.
 2. The Titles concerned by the suspension shall provisionally cease to apply on the first day of
 the third month following the date of the notification referred to in paragraph 1 or any other date
 mutually agreed by the Parties, unless, no later than two weeks before the expiry of that period, the
 complaining Party gives written notification to the responding Party, through diplomatic channels, of
 its withdrawal of the first notification or of a reduction in scope of the suspension. In the latter case,
 only the Titles referred to in the second notification shall provisionally cease to apply.
 3. If the complaining Party notifies the suspension of one or several Titles of this Part pursuant
 to paragraph 1, the respondent Party may suspend all of the remaining Titles, by written notification
 through diplomatic channels, with three months’ notice.
 4. If a notification of suspension is given under this Article, the Specialised Committee on Law
 Enforcement and Judicial Cooperation shall meet to decide what measures are needed to ensure
 that any cooperation initiated under this Part and affected by the notification is concluded in an
 appropriate manner. In any event, with regard to all personal data obtained through cooperation
 under this Part before the Titles concerned by the suspension provisionally cease to apply, the
 Parties shall ensure that the level of protection under which the personal data were transferred is
 maintained after the suspension takes effect.
 5. The suspended Titles shall be reinstated on the first day of the month following the date on
 which the complaining Party has given written notification to the respondent Party, through
 diplomatic channels, of its intention to reinstate the suspended Titles. The complaining Party shall
 do so immediately when it considers that the serious breach of the obligations on which the
 suspension was based has ceased to exist.
 6. Upon notification by the complaining Party of its intention to reinstate the suspended Titles
 in accordance with paragraph 5, the remaining Titles suspended by the respondent Party pursuant
 to paragraph 3 shall be reinstated at the same time as the Titles suspended by the complaining Party
 pursuant to paragraph 1.
 Article LAW.DS.7: Time Periods
 1. All time periods laid down in this Title shall be counted in weeks or months, as the case may
 be, from the day following the act to which they refer.
 2. Any time period referred to in this Title may be modified by mutual agreement of the
 Parties.
 381
 ---pagebreak--- PART FOUR: THEMATIC COOPERATION
 TITLE I: HEALTH SECURITY
 Article HS.1: Cooperation on health security
 1. For the purpose of this Article, a “serious cross-border threat to health” means a life-
 threatening or otherwise serious hazard to health of biological, chemical, environmental or unknown
 origin which spreads or entails a significant risk of spreading across the borders of at least one
 Member State and the United Kingdom.
 2. The Parties shall inform each other of a serious cross-border threat to health affecting the
 other Party and shall endeavour to do so in a timely manner.
 3. Where there is a serious cross-border threat to health, following a written request from the
 United Kingdom, the Union may grant the United Kingdom ad hoc access to its Early Warning and
 Response System (the “EWRS”) in respect of the particular threat to enable the Parties and Member
 States’ competent authorities to exchange relevant information, to assess public health risks, and to
 coordinate the measures that could be required to protect public health. The Union shall endeavour
 to respond to the United Kingdom’s written request in a timely manner.
 Moreover, the Union may invite the United Kingdom to participate in a committee established
 within the Union and composed of representatives of Member States for the purposes of supporting
 the exchange of information and of coordination in relation to the serious cross-border threat to
 health.
 Both arrangements shall be on a temporary basis, and in any event for no longer than the duration
 that either of the Parties, having consulted the other Party, considers necessary for the relevant
 serious cross-border threat to health.
 4. For the purposes of the information exchange referred to in paragraph 2 and any requests
 made pursuant to paragraph 3, each Party shall designate a focal point and notify the other Party
 thereof. The focal points shall also:
 (a) endeavour to facilitate understanding between the Parties as to whether or not a threat is a
 serious cross-border threat to health;
 (b) seek mutually agreed solutions to any technical issues arising from implementation of this
 Title.
 5. The United Kingdom shall observe all applicable conditions for the use of the EWRS and the
 rules of procedure of the committee referred to in paragraph 3, for the period of access granted in
 respect of a particular serious cross-border threat to health. If, following clarificatory exchanges
 between the Parties:
 (a) the Union considers that the United Kingdom has not observed the above-mentioned
 conditions or rules of procedure, the Union may terminate the access of the United Kingdom
 382
 ---pagebreak--- to the EWRS or its participation in that committee, as the case may be, in respect of that
 threat;
 (b) the United Kingdom considers that it cannot accept the conditions or rules of procedure, the
 United Kingdom may withdraw its participation in the EWRS or its participation in that
 committee, as the case may be, in respect of that threat.
 6. Where in their mutual interests the Parties shall cooperate in international forums on the
 prevention of, detection of, preparation for, and response to established and emerging threats to
 health security.
 7. The European Centre for Disease Prevention and Control and the relevant body in the
 United Kingdom responsible for surveillance, epidemic intelligence and scientific advice on infectious
 diseases shall cooperate on technical and scientific matters of mutual interest to the Parties and, to
 that end, may conclude a memorandum of understanding.
 TITLE II: CYBER SECURITY
 Article CYB.1: Dialogue on cyber issues
 The Parties shall endeavour to establish a regular dialogue in order to exchange information about
 relevant policy developments, including in relation to international security, security of emerging
 technologies, internet governance, cybersecurity, cyber defence and cybercrime.
 Article CYB.2: Cooperation on cyber issues
 1. Where in their mutual interest, the Parties shall cooperate in the field of cyber issues by
 sharing best practices and through cooperative practical actions aimed at promoting and protecting
 an open, free, stable, peaceful and secure cyberspace based on the application of existing
 international law and norms for responsible State behaviour and regional cyber confidence-building
 measures.
 2. The Parties shall also endeavour to cooperate in relevant international bodies and forums,
 and endeavour to strengthen global cyber resilience and enhance the ability of third countries to
 fight cybercrime effectively.
 Article CYB.3: Cooperation with the Computer Emergency Response Team – European Union
 Subject to prior approval by the Steering Board of the Computer Emergency Response Team –
 European Union (CERT-EU), CERT-EU and the national UK computer emergency response team shall
 cooperate on a voluntary, timely and reciprocal basis to exchange information on tools and
 methods, such as techniques, tactics, procedures and best practices, and on general threats and
 vulnerabilities.
 383
 ---pagebreak--- Article CYB.4: Participation in specific activities of the Cooperation Group established pursuant to
 Directive (EU) 2016/1148
 1. With a view to promoting cooperation on cyber security while ensuring the autonomy of the
 Union decision-making process, the relevant national authorities of the United Kingdom may
 participate at the invitation, which the United Kingdom may also request, of the Chair of the
 Cooperation Group in consultation with the Commission, in the following activities of the
 Cooperation Group:
 (a) exchanging best practices in building capacity to ensure the security of network and
 information systems;
 (b) exchanging information with regard to exercises relating to the security of network and
 information systems;
 (c) exchanging information, experiences and best practices on risks and incidents;
 (d) exchanging information and best practices on awareness-raising, education programmes and
 training; and
 (e) exchanging information and best practices on research and development relating to the
 security of network and information systems.
 2. Any exchange of information, experiences or best practices between the Cooperation Group
 and the relevant national authorities of the United Kingdom shall be voluntary and, where
 appropriate, reciprocal.
 Article CYB.5: Cooperation with the EU Agency for Cybersecurity (ENISA)
 1. With a view to promoting cooperation on cyber security while ensuring the autonomy of the
 Union decision-making process, the United Kingdom may participate at the invitation, which the
 United Kingdom may also request, of the Management Board of the EU Cybersecurity Agency
 (ENISA), in the following activities carried out by ENISA:
 (a) capacity building;
 (b) knowledge and information; and
 (c) awareness raising and education.
 2. The conditions for the participation of the United Kingdom in ENISA’s activities referred to in
 paragraph 1, including an appropriate financial contribution, shall be set out in working
 arrangements adopted by the Management Board of ENISA subject to prior approval by the
 Commission and agreed with the United Kingdom.
 3. The exchange of information, experiences and best practices between ENISA and the United
 Kingdom shall be voluntary and, where appropriate, reciprocal.
 384
 ---pagebreak--- 385 ---pagebreak--- PART FIVE: PARTICIPATION IN UNION PROGRAMMES, SOUND FINANCIAL MANAGEMENT AND
 FINANCIAL PROVISIONS
 Article UNPRO.0.1: Scope
 1. This Part shall apply to the participation of the United Kingdom in Union programmes,
 activities and services thereunder, in which the Parties have agreed that the United Kingdom
 participates.
 2. This Part shall not apply to the participation of the United Kingdom in cohesion programmes
 under the European territorial cooperation goal or similar programmes having the same objective,
 which takes place on the basis of the basic acts of one or more Union institutions applicable to those
 programmes.
 The applicable conditions for participation in the programmes referred to in the first subparagraph
 shall be specified in the applicable basic act and the financing agreement concluded thereunder. The
 Parties shall agree provisions with similar effect to Chapter Two [Sound Financial Management]
 concerning the participation of the United Kingdom in those programmes.
 Article UNPRO.0.2: Definitions
 For the purposes of this Part, the following definitions apply:
 (a) "basic act" means:
 (i) an act of one or more Union institutions establishing a programme or activity, which
 provides a legal basis for an action and for the implementation of the corresponding
 expenditure entered in the Union budget or of the budgetary guarantee backed by
 the Union budget, including any amendment and including any relevant acts of a
 Union institution which supplement or implement that act, except those adopting
 work programmes; or
 (ii) an act of one or more Union institutions establishing an activity financed from the
 Union budget other than programmes;
 (b) “funding agreement” means agreements relating to Union programmes and activities under
 Protocol I which implement Union funds, such as grant agreements, contribution agreements,
 financial framework partnership agreements, financing agreements and guarantee
 agreements.
 (c) “other rules pertaining to the implementation of the Union programme and activity” means
 rules laid down in the Regulation (EU, Euratom) 2018/1046 of the European Parliament and of
 the Council85 (’Financial Regulation’) that apply to the general budget of the Union, and in the
 work programme or in the calls or other Union award procedures;
 85
 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018
 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013,
 (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No
 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No
 966/2012 (OJ EU L 193, 30.7.2018, p. 1).
 386
 ---pagebreak--- (d) “Union” means the Union or the European Atomic Energy Community, or both, as the context
 may require;
 (e) "Union award procedure" means a procedure for award of Union funding launched by the
 Union or by persons or entities entrusted with the implementation of Union funds;
 (f) "United Kingdom entity" means any type of entity, whether a natural person, legal person or
 another type of entity, which may participate in activities of a Union programme or activity in
 accordance with the basic act and who resides or which is established in the United Kingdom.
 Chapter 1: Participation of the United Kingdom in Union programmes and activities
 Section 1: General conditions for participation in Union programmes and activities
 Article UNPRO.1.3: Establishment of the participation
 1. The United Kingdom shall participate in and contribute to the Union programmes, activities,
 or in exceptional cases, the part of Union programmes or activities, which are open to its
 participation, and which are listed in Protocol I [Programmes and activities in which the United
 Kingdom participates].
 2. Protocol I shall be agreed between the Parties. It shall be adopted and may be amended by
 the Specialised Committee on Participation in Union Programmes.
 3. Protocol I shall:
 (a) identify the Union programmes, activities, or in exceptional cases, the part of Union
 programmes or activities, in which the United Kingdom shall participate;
 (b) lay down the duration of participation, which shall refer to the period of time during which the
 United Kingdom and United Kingdom entities may apply for Union funding or may be
 entrusted with implementation of Union funds;
 (c) lay down specific conditions for the participation of the United Kingdom and United Kingdom
 entities, including specific modalities for the implementation of the financial conditions as
 identified under Article UNPRO.2.1 [Financial conditions], specific modalities of the correction
 mechanism as identified under Article UNPRO.2.2 [Programmes where an automatic
 correction mechanism may apply], and conditions for participation in structures created for
 the purposes of implementing those Union programmes or activities. These conditions shall
 comply with this Agreement and the basic acts and acts of one or more Union institutions
 establishing such structures;
 (d) where applicable, lay down the amount of United Kingdom's contribution to a Union
 programme implemented through a financial instrument or a budgetary guarantee and,
 where appropriate, specific modalities referred to in Article UNPRO.2.3 [Financing in relation
 to programmes implemented through financial instruments or budgetary guarantees].
 Article UNPRO.1.4: Compliance with programme rules
 1. The United Kingdom shall participate in the Union programmes, activities or parts thereof
 listed in Protocol I under the terms and conditions established in this Agreement, in the basic acts
 and other rules pertaining to the implementation of Union programmes and activities.
 387
 ---pagebreak--- 2. The terms and conditions referred to in paragraph 1 shall include:
 (a) the eligibility of the United Kingdom entities and any other eligibility conditions related to
 the United Kingdom, in particular to the origin, place of activity or nationality;
 (b) the terms and conditions applicable to the submission, assessment and selection of
 applications and to the implementation of the actions by eligible United Kingdom entities.
 3. The terms and conditions referred to in point (b) of paragraph 2 shall be equivalent to those
 applicable to eligible Member States entities, except in duly justified exceptional cases as provided
 for in the terms and conditions referred to in paragraph 1. Either party may bring to the attention of
 the Specialised Committee on Participation in Union Programmes the need for a discussion of duly
 justified exclusions.
 Article UNPRO.1.5: Conditions for participation
 1. The United Kingdom's participation in a Union programme or activity, or parts thereof as
 referred to in Article UNPRO.0.1 [Scope] shall be conditional upon the United Kingdom:
 (a) making every effort, within the framework of its domestic laws, to facilitate the entry and
 residence of persons involved in the implementation of these programmes and activities, or parts
 thereof, including students, researchers, trainees or volunteers;
 (b) ensuring, as far as it is under the control of the United Kingdom authorities, that the
 conditions for the persons referred to in point (a) to access services in the United Kingdom that are
 directly related to the implementation of the programmes or activities are the same as for United
 Kingdom nationals, including as regards any fees;
 (c) as regards participation involving exchange of or access to classified or sensitive non-
 classified information, having in place the appropriate agreements in accordance with Article
 FINPROV.6 [Classified information and sensitive non-classified information].
 2. In relation to the United Kingdom's participation in a Union programme or activity, or parts
 thereof as referred to in Article UNPRO.0.1 [Scope] the Union and its Member States shall:
 (a) make every effort, within the framework of Union or the Member States’ legislation, to
 facilitate the entry and residence of United Kingdom nationals involved in the implementation of
 these programmes and activities, or parts thereof, including students, researchers, trainees or
 volunteers;
 (b) ensure, as far as it is under the control of the Union and Member States’ authorities, that
 the conditions for the United Kingdom nationals referred to in point (a) to access services in the
 Union that are directly related to the implementation of the programmes or activities are the same
 as for Union citizens, including as regards any fees.
 3. Protocol I may lay down further specific conditions referring to this Article, which are
 necessary for the participation of the United Kingdom in a Union programme or activity, or parts
 thereof.
 4. This Article is without prejudice to Article UNPRO.1.4 [Compliance with programme rules].
 388
 ---pagebreak--- 5. This Article and Article UNPRO.3.1 [Suspension of the participation of the UK in a Union
 programme by the Union], are also without prejudice to any arrangements made between the
 United Kingdom and Ireland concerning the Common Travel Area.
 Article UNPRO.1.6: Participation of the United Kingdom in the governance of programmes or
 activities
 1. Representatives or experts of the United Kingdom or experts designated by the United
 Kingdom shall be allowed to take part, as observers unless it concerns points reserved only for
 Member States or in relation to a programme or activity in which the United Kingdom is not
 participating, in the committees, expert groups meetings or other similar meetings where
 representatives or experts of the Member States, or experts designated by Member States take part,
 and which assist the European Commission in the implementation and management of the
 programmes, the activities or parts thereof, in which the United Kingdom participates in accordance
 with Article UNPRO.0.1 [Scope] or are established by the European Commission in respect of the
 implementation of the Union law in relation to these programmes, activities or parts thereof. The
 representatives or experts of the United Kingdom, or experts designated by the United Kingdom
 shall not be present at the time of voting. The United Kingdom shall be informed of the result of the
 vote.
 2. Where experts or evaluators are not appointed on the basis of nationality, nationality shall
 not be a reason to exclude United Kingdom nationals.
 3. Subject to the conditions of paragraph 1, participation of the United Kingdom's
 representatives in the meetings referred to in paragraph 1, or in other meetings related to the
 implementation of programmes or activities, shall be governed by the same rules and procedures as
 those applicable to representatives of the Member States, in particular speaking rights, receipt of
 information and documentation unless it concerns points reserved only for Member States or in
 relation to a programme or activity in which the United Kingdom is not participating, and the
 reimbursement of travel and subsistence costs.
 4. Protocol I may define further modalities for the participation of experts, as well as the
 participation of the United Kingdom in governing boards and structures created for the purposes of
 implementing Union programmes or activities defined in Protocol I.
 Section 2: Rules for financing the participation in Union programmes and activities
 Article UNPRO.2.1: Financial conditions
 1. Participation of the United Kingdom or United Kingdom entities in Union programmes,
 activities or parts thereof shall be subject to the United Kingdom contributing financially to the
 corresponding funding under the Union budget.
 2. The financial contribution shall take the form of the sum of:
 (a) a participation fee; and
 (b) an operational contribution.
 3. The financial contribution shall take the form of an annual payment made in one or more
 instalments.
 389
 ---pagebreak--- 4. Without prejudice to Article UNPRO.8 [Participation fee in the years 2021 to 2026], the
 participation fee shall be 4% of the annual operational contribution and shall not be subject to
 retrospective adjustments except in relation to suspension under point (b) of Article UNPRO.3.1(7)
 [Suspension of the participation of the United Kingdom in a Union programme by the Union] and
 termination under point (c) of Article UNPRO.3.3.(6) [Termination of the participation in a
 programme or activity in the case of substantial modification to Union programmes]. As of 2028 the
 level of the participation fee may be adjusted by the Specialised Committee on Participation in
 Union Programmes.
 5. The operational contribution shall cover operational and support expenditure and be
 additional both in commitment and payment appropriations to the amounts entered in the Union
 budget definitively adopted for programmes or activities or exceptionally parts thereof increased,
 where appropriate, by external assigned revenue that does not result from financial contributions to
 Union programmes and activities from other donors, as defined in Protocol I.
 6. The operational contribution shall be based on a contribution key defined as the ratio of the
 Gross Domestic Product (GDP) of the United Kingdom at market prices to the GDP of the Union at
 market prices. The GDPs at market prices to be applied shall be the latest available as of 1 January of
 the year in which the annual payment is made in as provided by Statistical Office of the European
 Union (EUROSTAT), as soon as the arrangement referred to in Article UNPRO.5.2 [Statistical
 cooperation] applies and according to the rules of this arrangement. Before this arrangement
 applies, the GDP of the United Kingdom shall be the one established on the basis of data provided by
 the Organisation for Economic Co-operation and Development (OECD).
 7. The operational contribution shall be based on the application of the contribution key to the
 initial commitment appropriations increased as described in paragraph 5 entered in the Union
 budget definitively adopted for the applicable year for financing the Union programmes or activities
 or exceptionally parts thereof in which the United Kingdom participates.
 8. The operational contribution of a programme, activity or part thereof for a year N may be
 adjusted upwards or downwards retrospectively in one or more subsequent years on the basis of the
 budgetary commitments made on the commitment appropriations of that year, their
 implementation through legal commitments and their decommitment.
 The first adjustment shall be made in year N+1 when the initial contribution shall be adjusted
 upwards or downwards by the difference between the initial contribution and an adjusted
 contribution calculated by applying the contribution key of year N to the sum of:
 (a) the amount of budgetary commitments made on commitment appropriations authorised in
 year N under the European Union voted budget and on commitment appropriations
 corresponding to decommitments made available again; and
 (b) any external assigned revenue appropriations that do not result from financial contributions
 to Union programmes and activities from other donors as defined in Protocol I and that were
 available at the end of year N.
 Each subsequent year, until all the budgetary commitments financed under commitment
 appropriations originating from year N have been paid or decommitted and at the latest 3 years
 after the end of the programme or after the end of the multiannual financial framework
 corresponding to year N, whichever is earlier, the Union shall calculate an adjustment of the
 contribution of year N by reducing the United Kingdom contribution by the amount obtained by
 390
 ---pagebreak--- applying the contribution key of year N to the decommitments made each year on commitments of
 year N financed under the Union budget or from decommitments made available again.
 If external assigned revenue appropriations that do not result from financial contributions to Union
 programmes and activities from other donors as defined in Protocol I are cancelled, the contribution
 of the United Kingdom shall be reduced by the amount obtained by applying the contribution key of
 year N to the amount cancelled.
 In year N+2 or in subsequent years, after having made the adjustments referred to in the second,
 third and fourth subparagraphs, the contribution of the United Kingdom for year N shall also be
 reduced by an amount obtained by multiplying the contribution of the United Kingdom for year N
 and the ratio of:
 (a) the legal commitments of year N, funded under any commitment appropriations available in
 year N, and resulting from competitive award procedures,
 (i) from which the United Kingdom and the United Kingdom entities have been excluded,
 or
 (ii) for which the Specialised Committee on Participation in Union Programmes has
 decided, in accordance with the procedure established in Article UNPRO.2.1a [Quasi-
 exclusion from competitive grant award procedure] that there has been a quasi-
 exclusion of United Kingdom or United Kingdom entities, or
 (iii) for which the deadline for submission of applications has expired during the
 suspension referred to in Article UNPRO.3.1 [Suspension of the participation of the
 United Kingdom in a Union programme by the European Union] or after termination
 referred to in Article UNPRO.3.3 [Termination of the participation in a programme in
 the case of substantial modification of Union programme] has taken effect, or
 (iv) for which the participation of the United Kingdom and United Kingdom entities has
 been limited in accordance with Article UNPRO.3.5(3) [Financial increases review]; and
 (b) the total amount of legal commitments funded under any commitment appropriations of year
 N.
 This amount of legal commitments shall be calculated by taking all budgetary commitments made in
 year N and deducting the decommitments that have been made on these commitments in year N+1.
 9. Upon request, the Union shall provide the United Kingdom with information in relation to its
 financial participation as included in the budgetary, accounting, performance and evaluation related
 information provided to the Union budgetary and discharge authorities concerning the Union
 programmes and activities in which the United Kingdom participates. That information shall be
 provided having due regard to the Union’s and United Kingdom’s confidentiality and data protection
 rules and is without prejudice to the information which the United Kingdom is entitled to receive
 under Chapter Two [Sound Financial Management] of this Part.
 10. All contributions of the United Kingdom or payments from the Union, and the calculation of
 amounts due or to be received, shall be made in euros.
 391
 ---pagebreak--- 11. Subject to paragraph 5 and the second subparagraph of paragraph 8 of this Article, the
 detailed provisions for the implementation of this Article are set out in Annex UNPRO-1
 [Implementation of financial conditions]. Annex UNPRO-1 may be amended by the Specialised
 Committee on Participation in Union Programmes.
 Article UNPRO.2.1a: Quasi exclusion from competitive grant award procedure
 1. When the United Kingdom considers that certain conditions laid down in a competitive grant
 award procedure amount to a quasi-exclusion of United Kingdom entities, the United Kingdom shall
 notify the Specialised Committee on Participation in Union Programmes before the deadline for
 submission of applications in the procedure concerned and shall provide justification.Within three
 months of the deadline for submission of applications in the award procedure concerned, the
 Specialised Committee on Participation in Union Programmes shall examine the notification referred
 to in the paragraph 1 provided that the participation rate of United Kingdom entities in the award
 procedure concerned is at least 25 % lower compared to:
 (a) the average participation rate of United Kingdom entities in similar competitive award
 procedures not containing such a condition and launched within the 3 years preceding the
 notification; or,
 (b) in the absence of similar competitive award procedures, the average participation rate of
 United Kingdom entities in all competitive award procedures launched under the programme,
 or the preceding programme, as relevant, within the 3 years preceding the notification.
 3. The Specialised Committee on Participation in Union Programmes shall by the end of the
 period referred to in paragraph 2, decide whether there has been a quasi-exclusion of the United
 Kingdom entities from the award procedure concerned in light of the justification provided by the
 United Kingdom pursuant to paragraph 1 and the effective participation rate in the award procedure
 concerned.
 4. For the purposes of paragraphs 2 and 3, the participation rate shall be the ratio of the
 number of applications submitted by United Kingdom entities to the total number of applications
 submitted within the same award procedure.
 Article UNPRO.2.2: Programmes to which an automatic correction mechanism applies
 1. An automatic correction mechanism shall apply in relation to those Union programmes,
 activities or parts thereof for which the application of an automatic correction mechanism is
 provided in Protocol I. The application of that automatic correction mechanism may be limited to
 parts of the programme or activity specified in Protocol I, which are implemented through grants for
 which competitive calls are organised. Detailed rules on the identification of the parts of the
 programme or activity to which the automatic correction mechanism does or does not apply may be
 established in Protocol I.
 2. The amount of the automatic correction for a programme or activity or parts thereof shall be
 the difference between the initial amounts of the legal commitments actually entered into with the
 United Kingdom or United Kingdom entities financed from commitment appropriations of the year
 in question and the corresponding operational contribution paid by the United Kingdom as adjusted
 pursuant to Article UNPRO.2.1(8) [Financial conditions], excluding support expenditure, covering the
 same period if that amount is positive.
 392
 ---pagebreak--- 3. Any amount referred to in paragraph 2 of this Article, which for each of two consecutive
 years exceeds 8% of the corresponding contribution of the United Kingdom to the programme as
 adjusted pursuant to Article UNPRO.2.1(8) [Financial conditions] shall be due by the United Kingdom
 as an additional contribution under the automatic correction mechanism for each of those two
 years.
 4. Detailed rules on the establishment of the relevant amounts of the legal commitments
 referred to in paragraph 2 of this Article, including in the case of consortia, and on the calculation of
 the automatic correction may be laid down in Protocol I.
 Article UNPRO.2.3: Financing in relation to programmes implemented through financial instruments
 or budgetary guarantees
 1. Where the United Kingdom participates in a Union programme, activity, or parts thereof
 that is implemented through a financial instrument or budgetary guarantee, the contribution of the
 United Kingdom to programmes implemented through financial instruments or budgetary
 guarantees under the Union budget implemented under Title X of the Financial Regulation
 applicable to the general budget of the Union shall be made in the form of cash. The amount
 contributed in cash shall increase the Union budgetary guarantee or the financial envelope of the
 financial instrument.
 2. Where the United Kingdom participates in a programme referred to in paragraph 1 that is
 implemented by the European Investment Bank Group, if the European Investment Bank Group
 needs to cover losses that are not covered by the guarantee provided by the Union budget, the
 United Kingdom shall pay to the European Investment Bank Group a percentage of those losses
 equal to the ratio of the Gross Domestic Product at market prices of the United Kingdom to the sum
 of the Gross Domestic Product at market prices of the Member States, the United Kingdom and any
 other third country participating in that programme. The Gross Domestic Product at market prices to
 be applied shall be the latest available as of 1 January of the year in which the payment is due as
 provided by EUROSTAT, as soon as the arrangement referred to in Article UNPRO.5.2 [Statistical
 cooperation] applies and according to the rules of this arrangement. Before this arrangement
 applies, the GDP of the United Kingdom shall be the one established on the basis of data provided by
 the OECD.
 3. Where appropriate, modalities for the implementation of this Article, in particular ensuring
 that the United Kingdom receives its share of unused contributions to budgetary guarantees and
 financial instruments, shall be specified further in Protocol I.
 Section 3: Suspension and termination of the participation in Union programmes
 Article UNPRO.3.1: Suspension of the participation of the United Kingdom in a Union programme by
 the Union
 1. The Union may unilaterally suspend the application of Protocol I, in relation to one or more
 Union programmes, activities, or exceptionally parts thereof in accordance with this Article, if the
 United Kingdom does not pay its financial contribution in accordance with Section 2 [Rules for
 financing the participation in Union programmes] of this Chapter or if United Kingdom introduces
 significant changes to one of the following conditions that existed when the United Kingdom
 participation in a programme, an activity or exceptionally part thereof was agreed and included in
 Protocol I, and if such changes have a significant impact on their implementation:
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 ---pagebreak--- (a) the conditions for entry and residence in the United Kingdom of the persons that are involved
 in the implementation of these programmes and activities, or parts thereof, including
 students, researchers, trainees or volunteers are changed. This shall apply, in particular, if the
 United Kingdom introduces a change in its domestic laws for the conditions for entry and
 residence in the United Kingdom for these persons, which discriminates between Member
 States.
 (b) there is a change in financial charges, including fees, that apply to persons referred in point (a)
 of this paragraph in order to perform the activities that they have to perform in order to
 implement the programme;
 (c) the conditions referred to in Article UNPRO.1.5(3) [Conditions for participation] are changed.
 2. The Union shall notify the Specialised Committee on Participation in Union Programmes of
 its intention to suspend the participation of the United Kingdom in the programme or activity
 concerned. The Union shall identify the scope of the suspension and provide due justification. Unless
 the Union withdraws its notification, the suspension shall take effect 45 days following the date of
 notification by the Union. The date on which the suspension takes effect shall constitute the
 suspension reference date for the purposes of this Article.
 Prior to notification and suspension, and during the suspension period, the Specialised Committee
 on Participation in Union Programmes may discuss appropriate measures for avoiding or lifting the
 suspension. In case the Specialised Committee on Participation in Union Programmes finds an
 agreement for avoiding the suspension within the period referred to in the first subparagraph, the
 suspension shall not take effect.
 In any case, the Specialised Committee on Participation in Union Programmes shall meet during the
 period of 45 days to discuss the matter.
 3. As of the suspension reference date the United Kingdom shall not be treated as a country
 participating in the Union programme, activity, or part thereof concerned by the suspension and in
 particular, the United Kingdom or United Kingdom entities shall no longer be eligible under the
 conditions laid down in Article UNPRO.1.4 [Compliance with Programme Rules] and Protocol I, with
 regard to Union award procedures which have not been completed yet on that date. An award
 procedure shall be considered completed when legal commitments have been entered into as a
 result of that procedure.
 4. The suspension shall not affect legal commitments entered into before the suspension
 reference date. This Agreement shall continue to apply to such legal commitments.
 5. The United Kingdom shall notify the Union as soon as it considers that compliance with the
 conditions for participation has been restored, and shall provide the Union with any relevant
 evidence to that effect.
 Within 30 days from that notification the Union shall assess the matter and may, for that purpose,
 request that the United Kingdom to present additional evidence. The time needed to provide such
 additional evidence shall not be taken into account in the overall period for assessment.
 Where the Union has found that compliance with the conditions for participation is restored, it shall
 notify without undue delay the Specialised Committee on Participation in Union Programmes that
 the suspension is lifted. The lifting shall take effect on the day following the date of notification.
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 ---pagebreak--- Where the Union has found that compliance with the conditions for participation is not restored, the
 suspension shall remain in force.
 6. The United Kingdom shall be treated again as a country participating in the Union
 programme or activity concerned, and in particular United Kingdom and United Kingdom entities
 shall be again eligible under the conditions laid down in Article UNPRO.1.4 [Compliance with
 Programme Rules] and Protocol I, with regard to Union award procedures under that Union
 programme or activity which were launched after the date on which the lifting of the suspension
 takes effect, or which were launched before that date, for which the deadline for the submission of
 applications has not expired.
 7. In case of the United Kingdom participation in a programme, activity, or part thereof being
 suspended, the financial contribution of the United Kingdom that is due during the period of
 suspension shall be established as follows:
 (a) the Union shall recalculate the operational contribution using the procedure described in
 point (a)(iii) of the fifth subparagraph of Article UNPRO.2.1(8) [Financial conditions];
 (b) the participation fee shall be adjusted in line with the adjustment of the operational
 contribution.
 Article UNPRO.3.2 - Termination of the participation of the United Kingdom in a Union programme
 by the Union
 1. If, by one year after the reference date referred to in Article UNPRO.3.1(2) [Suspension of
 the participation of the United Kingdom in a Union programme by the European Union] the Union
 has not lifted the suspension under Article UNPRO.3.1 [Suspension of the participation of the United
 Kingdom], the Union shall either:
 (a) reassess the conditions under which it may offer to allow the United Kingdom to continue
 participating in the Union programmes, activities or parts thereof concerned and shall
 propose those conditions to the Specialised Committee on Participation in Union Programmes
 within 45 days from expiry of the one year suspension period with a view to modifying
 Protocol I. In the absence of an agreement on those measures by the Specialised Committee
 within a further period of 45 days, termination shall take effect as referred to in point (b) of
 this paragraph; or
 (b) terminate unilaterally the application of Protocol I, in relation to the Union programmes,
 activities or parts thereof concerned, in accordance with this Article, taking into account the
 impact of the change referred to in Article UNPRO.3.1 [Suspension of the participation of the
 United Kingdom] on the implementation of the programme or activity or exceptionally parts
 thereof, or the amount of the unpaid contribution.
 2. The Union shall notify the Specialised Committee on Participation in Union Programmes of
 its intention to terminate the participation of the United Kingdom in one or more Union
 programmes or activities pursuant to point (b) of paragraph 1. The Union shall identify the scope of
 the termination and provide due justification. Unless the Union withdraws its notification, the
 termination shall take effect 45 days following the date of notification by the Union. The date on
 which the termination takes effect shall constitute the termination reference date for the purposes
 of this Article.
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 ---pagebreak--- 3. As of the termination reference date the United Kingdom shall not be treated as a country
 participating in the Union programme or activity concerned by the termination, and in particular the
 United Kingdom or United Kingdom entities shall no longer be eligible under the conditions laid
 down in Article UNPRO.1.4 [Compliance with Programme Rules] and in Protocol I, with regard to
 Union award procedures which have not been completed yet as of that date. An award procedure
 shall be considered to have been completed if legal commitments have been entered into as a result
 of that procedure.
 4. The termination shall not affect legal commitments entered into before the suspension
 reference date referred to in Article UNPRO.3.1(2) [Suspension of the participation of the United
 Kingdom]. This Agreement shall continue to apply to such legal commitments.
 5. Where the application of Protocol I, or a part thereof, is terminated in respect of the
 programmes or activities or exceptionally parts thereof concerned:
 (a) the operational contribution covering support expenditure related to legal commitments
 already entered into shall continue to be due until the completion of those legal commitments
 or the end of the Multi-annual Financial Framework under which the legal commitment has
 been financed;
 (b) no contribution except the one referred to under point (a) of this paragraph shall be made in
 the following years.
 Article UNPRO.3.3: Termination of the participation in a programme or activity in the case of
 substantial modification to Union programmes
 1. The United Kingdom may unilaterally terminate its participation in a Union programme or
 activity or part thereof referred to in Protocol I where:
 (a) the basic act of that Union programme or activity is amended to an extent that the conditions
 for participation of the United Kingdom or of United Kingdom entities in that Union
 programme or activity have been substantially modified , in particular, as a result of a change
 of the objectives of the programme or activity and of the corresponding actions; or
 (b) the total amount of commitment appropriations as referred to in Article UNPRO.2.1 [Financial
 conditions] is increased by more than 15% compared with the initial financial envelope of that
 programme or activity or part thereof in which the United Kingdom participates and either the
 corresponding ceiling of the multiannual financial framework has been increased or the
 amount of external revenue referred to in Article UNPRO.2.1(5) [Financial conditions] for the
 whole period of participation has been increased; or
 (c) the United Kingdom or United Kingdom entities are excluded from participation in part of a
 programme or activity on duly justified grounds, and that exclusion concerns commitment
 appropriations exceeding 10% of the commitment appropriations in the Union budget
 definitively adopted for a year N for that programme or activity.
 2. To this effect, the United Kingdom shall notify its intention to terminate Protocol I in relation
 to the Union programme or activity concerned, to the Specialised Committee on Participation in
 Union Programmes at the latest 60 days after the publication of the amendment or of the adopted
 annual budget or an amendment to it in the Official Journal of the European Union. The United
 Kingdom shall explain the reasons for which the United Kingdom considers the amendment to
 396
 ---pagebreak--- substantially alter the conditions of participation. The Specialised Committee on Participation in
 Union Programmes shall meet within 45 days of receiving the notification to discuss the matter.
 3. Unless the United Kingdom withdraws its notification, the termination shall take effect 45
 days following the date of notification by the United Kingdom. The date on which the termination
 takes effect shall constitute the reference date for the purposes of this Article.
 4. As of the reference date the United Kingdom shall not be treated as a country participating
 in the Union programme or activity concerned by the termination, and in particular the United
 Kingdom or United Kingdom entities shall no longer be eligible under the conditions laid down in
 Article UNPRO.1.4 [Compliance with Programme Rules] and in Protocol I, with regard to Union
 award procedures which have not been completed yet as of that date. An award procedure shall be
 considered to have been completed if legal commitments have been entered into as a result of that
 procedure.
 5. The termination shall not affect legal commitments entered into before the reference date.
 This Agreement shall continue to apply to such legal commitments.
 6. In case of termination under this Article in respect of the programmes or activities
 concerned:
 (a) the operational contribution covering support expenditure related to legal commitments
 already entered into shall continue to be due until the completion of those legal commitments
 or the end of the Multi-annual Financial Framework under which the legal commitment has
 been financed;
 (b) the Union shall recalculate the operational contribution of the year where termination occurs
 using the procedure described in point (a)(iii) of the fifth subparagraph of Article
 UNPRO.2.1(8) [Financial conditions]. No contribution except the one referred to under point
 (a) of this Article shall be made in the following years;
 (c) the participation fee shall be adjusted in line with the adjustment of the operational
 contribution.
 Section 4: Review of performance and financial increases
 Article UNPRO.3.4: Performance review
 1. A performance review procedure shall apply in accordance with the conditions laid down in
 this Article in relation to parts of the Union programme or activity to which the correction
 mechanism referred to in Article UNPRO.2.2 [Programmes to which an automatic correction
 mechanism applies] applies.
 2. The United Kingdom may request the Specialised Committee on Participation in Union
 Programmes to start the performance review procedure where the amount calculated in accordance
 with the method laid down in Article UNPRO.2.2(2) [Programmes to which an automatic correction
 mechanism applies] is negative, and where that amount is higher than 12% of the corresponding
 contributions of the United Kingdom to the programme or activity as adjusted pursuant to Article
 UNPRO.2.1(8) [Financial conditions].
 3. The Specialised Committee on Participation in Union Programmes, within a period of three
 months from the date of the request referred to in paragraph 2, shall analyse the relevant
 397
 ---pagebreak--- performance-related data and adopt a report proposing appropriate measures to address
 performance related issues.
 The measures referred to in the first subparagraph shall be applied for a period of twelve months
 after the adoption of the report. Following the application of the measures, performance data over
 the period in question shall be used to calculate the difference between the initial amounts due
 under the legal commitments actually entered into with the United Kingdom or United Kingdom
 entities during that calendar year and the corresponding operational contribution paid by the United
 Kingdom for the same year.
 If the difference referred to in the second subparagraph is negative and exceeds 16% of the
 corresponding operational contribution, the United Kingdom may:
 (a) notify its intention to terminate its participation in the Union programme or part of a
 programme concerned by giving notice 45 days before the intended day of termination, and
 may terminate its participation in accordance with Article UNPRO.3.3(3) to (6) [Termination of
 the participation in a programme in the case of substantial modification of the Union
 programme]; or
 (b) request the Specialised Committee on Participation in Union Programmes to adopt further
 measures to address underperformance, including by making adaptations to the participation
 of the United Kingdom in the Union programme concerned and adjusting future financial
 contributions of the United Kingdom in respect of that programme.
 Article UNPRO.3.5: Financial increases review
 1. The United Kingdom may notify the Specialised Committee on Participation in Union
 programmes that it objects to the amount of its contribution to a Union programme or activity if the
 total amount of commitment appropriations as referred to in Article UNPRO.2.1 [Financial
 conditions] is increased by more than 5% compared with the initial financial envelope for that Union
 programme or activity and either the corresponding ceiling has been increased or the amount of
 external revenue referred to in Article UNPRO.2.1(5) [Financial conditions] for the whole period of
 participation has been increased.
 2. The notification referred to in paragraph 1 shall be made within 60 days as of the publication
 date of the adopted annual budget or an amendment to it in the Official Journal of the European
 Union. The notification shall be without prejudice to the obligation of the United Kingdom to pay its
 contribution and to the application of the adjustment mechanism referred to in Article
 UNPRO.2.1(8) [Financial conditions].
 3. The Specialised Committee on Participation in Union Programmes shall prepare a report,
 propose and decide on the adoption of appropriate measures within three months from the date of
 the notification referred to in paragraph 2 of this Article. Those measures may include limiting the
 participation of the United Kingdom and United Kingdom entities to certain types of actions or
 award procedures or, where appropriate, a modification of Protocol I. The limitation of the United
 Kingdom’s participation will be treated as an exclusion for the purposes of the adjustment
 mechanism referred to in Article UNPRO.2.1(8) [Financial conditions].
 4. Where the conditions referred to in point (b) of Article UNPRO.3.3(1) [Termination of the
 participation in a programme in the case of substantial modification of the Union programme] are
 fulfilled, the United Kingdom may terminate its participation in a Union programme or activity
 398
 ---pagebreak--- referred to in Protocol I in accordance with Article UNPRO.3.3(2) to (6) [Termination of the
 participation in a programme in the case of substantial modification of the Union programme].
 Chapter 2: Sound financial management
 Article UNPRO.4.X-1: Scope
 This Chapter shall apply in relation to the Union programmes, activities and services under Union
 programmes referred to in Protocols I and II.
 Section 1: Protection of financial interests and recovery
 Article UNPRO.4.X: Conduct of activity for the purposes of sound financial management
 For the purposes of the application of this Chapter, the authorities of the United Kingdom and of the
 Union referred to in this Chapter shall cooperate closely in accordance with their respective laws and
 regulations.
 When exercising their duties in the territory of the United Kingdom, the agents and investigative
 bodies of the Union shall act in a manner consistent with United Kingdom law.
 Article UNPRO.4.1: Reviews and audits
 1. The Union shall have the right to conduct as provided in relevant funding agreements or
 contracts and in accordance with the applicable acts of one or more Union institutions, technical,
 scientific, financial, or other types of reviews and audits on the premises of any natural person
 residing in or legal entity established in the United Kingdom and receiving Union funding, as well as
 any third party involved in the implementation of Union funding residing or established in the United
 Kingdom. Such reviews and audits may be carried out by the agents of the institutions and bodies of
 the Union, in particular of the European Commission and the European Court of Auditors, or by
 other persons mandated by the European Commission in accordance with Union law.
 2. The agents of the institutions and bodies of the Union, in particular the agents of the
 European Commission and the European Court of Auditors, as well as other persons mandated by
 the European Commission, shall have appropriate access to sites, works and documents (in
 electronic or paper versions, or both) and to all the information required in order to carry out such
 reviews and audits, as referred to in paragraph 1. Such access shall include the right to obtain
 physical or electronic copies of, and extracts from, any document or the contents of any data
 medium held by audited natural or legal persons, or by the audited third party.
 3. The United Kingdom shall not prevent or raise any obstacle to the right of the agents and
 other persons referred to in paragraph 2 to enter the United Kingdom and to access the premises of
 the audited persons, in the exercise of their duties referred to in this Article.
 4. Notwithstanding the suspension or termination of the United Kingdom’s participation in a
 programme or activity, the suspension of part or all of the provisions of this Part and/or Protocol I or
 the termination of this Agreement, the reviews and audits may be carried out also after the date on
 which the relevant suspension or termination takes effect, on the terms laid down in the applicable
 acts of one or more Union institutions and as provided in the relevant funding agreements or
 contracts in relation to any legal commitment implementing the Union budget entered into by the
 Union before the date on which the relevant suspension or termination takes effect.
 399
 ---pagebreak--- Article UNPRO.4.2: Fight against irregularities, fraud and other criminal offences affecting the
 financial interests of the Union
 1. The European Commission and the European Anti-Fraud Office (OLAF) shall be authorised to
 carry out administrative investigations, including on-the-spot checks and inspections, in the territory
 of the United Kingdom. The European Commission and OLAF shall act in accordance with the Union
 acts governing those checks, inspections and investigations.
 2. The competent United Kingdom authorities shall inform the European Commission or OLAF
 within a reasonable period of any fact or suspicion which has come to their notice relating to an
 irregularity, fraud or other illegal activity affecting the financial interests of the Union.
 3. On-the-spot checks and inspections may be carried out on the premises of any natural
 person residing in or legal entity established in the United Kingdom and that receives Union funding
 under a funding agreement or a contract, as well as on the premises of any third party involved in
 the implementation of such Union funding residing or established in the United Kingdom. Such
 checks and inspections shall be prepared and conducted by the European Commission or OLAF in
 close collaboration with the competent United Kingdom authority designated by the United
 Kingdom. The designated authority shall be notified within a reasonable period before the checks
 and inspections of the object, purpose and legal basis of those checks and inspections, to enable it to
 provide assistance. To that end, the officials of the competent United Kingdom authorities may
 participate in the on-the-spot checks and inspections.
 4. The agents of the European Commission and OLAF shall have access to all the information
 and documentation (in electronic or paper versions, or both) relating to the operations referred to in
 paragraph 3, which are required for the proper conduct of the on-the-spot checks and inspections.
 In particular, the agents of the European Commission and OLAF may copy relevant documents.
 5. The European Commission or OLAF and the competent United Kingdom authorities shall
 decide on a case-by-case basis whether to conduct on-the-spot checks and inspections jointly,
 including where both parties are competent to conduct investigations.
 6. Where the person, entity or another third party who is subject to an on-the-spot check or
 inspection resists an on-the-spot check or inspection, the United Kingdom authorities, acting in
 accordance with national rules and regulations, shall assist the European Commission or OLAF, to
 enable them to fulfil their duties in carrying out the on-the-spot check or inspection. Such assistance
 shall include taking the appropriate precautionary measures under national law, including measures
 to safeguard evidence.
 7. The European Commission or OLAF shall inform the competent United Kingdom authorities
 of the result of such checks and inspections. In particular the European Commission or OLAF shall
 report as soon as possible to the competent United Kingdom authority any fact or suspicion relating
 to an irregularity which has come to their notice in the course of the on-the-spot check or
 inspection.
 8. Without prejudice to application of United Kingdom law, the European Commission may
 impose administrative measures and penalties on legal or natural persons participating in the
 implementation of a programme or activity in accordance with Union legislation.
 9. For the purposes of the proper implementation of this Article, the European Commission or
 OLAF and the United Kingdom competent authorities shall regularly exchange information and, at
 400
 ---pagebreak--- the request of one of the parties to this Agreement, consult each other, unless prohibited under
 Union legislation or under United Kingdom law.
 10. In order to facilitate effective cooperation and the exchange of information with OLAF the
 United Kingdom shall designate a contact point.
 11. The exchange of information between the European Commission or OLAF and the United
 Kingdom competent authorities shall comply with applicable confidentiality requirements. Personal
 data included in the exchange of information shall be protected in accordance with applicable rules.
 12. Without prejudice to the applicability of Article LAW.MUTAS.114 [Definition of competent
 authority], where any United Kingdom national, or natural persons residing in the United Kingdom,
 or legal entities established in the United Kingdom receive Union funding under Union programmes
 and activities listed in Protocol I, directly or indirectly, including in connection with any third party
 involved in the implementation of such Union funding, the United Kingdom authorities shall
 cooperate with the Union authorities or authorities of the Member States of the Union responsible
 for investigating, prosecuting and bringing to judgement the perpetrators of, and accomplices to,
 criminal offences affecting the financial interests of the Union in relation to such funding, in
 accordance with the applicable legislation and international instruments, to allow them to fulfil their
 duties.
 Article UNPRO.4.3: Amendments to Articles UNPRO.0.1, UNPRO.4.X-1, UNPRO.4.1 [Reviews and
 audits] and UNPRO.4.2 [Fight against irregularities, fraud and other criminal offences affecting the
 financial interests of the Union]
 The Specialised Committee on Participation in Union Programmes may amend Articles UNPRO.4.1
 [Reviews and audits] and UNPRO.4.2 [Fight against irregularities, fraud and other criminal offences
 affecting the financial interests of the Union], in particular to take account of changes of acts of one
 or more Union institutions.
 The Specialised Committee on Participation in Union Programmes may amend Article UNPRO.0.1
 [Scope] and Article UNPRO.4.X-1 [Scope] to extend the application of this Chapter to other Union
 programmes, activities and services.
 Article UNPRO.4.4: Recovery and enforcement
 1. Decisions adopted by the European Commission imposing a pecuniary obligation on legal or
 natural persons other than States in relation to any claims stemming from Union programmes,
 activities, actions or projects shall be enforceable in the United Kingdom. The order for its
 enforcement shall be appended to the decision, without any other formality than a verification of
 the authenticity of the decision by the national authority designated for this purpose by the United
 Kingdom. The United Kingdom shall make known its designated national authority to the
 Commission and the Court of Justice of the European Union. In accordance with Article UNPRO.5.1
 [Communication and exchange of information], the European Commission shall be entitled to notify
 such enforceable decisions directly to persons residing and legal entities established in the United
 Kingdom. The enforcement of those decisions shall take place in accordance with United Kingdom
 law.
 2. Judgments and orders of the Court of Justice of the European Union delivered in application
 of an arbitration clause contained in a contract or agreement in relation to Union programmes,
 activities or parts thereof under Protocol I shall be enforceable in the United Kingdom in the same
 manner as European Commission decisions, as referred to in paragraph 1 of this Article.
 401
 ---pagebreak--- 3. The Court of Justice of the European Union shall have jurisdiction to review the legality of
 the decisions of the Commission referred to in paragraph 1 and to suspend the enforcement of such
 decisions. However, the Courts of the United Kingdom shall have jurisdiction over complaints
 alleging that enforcement is being carried out in an irregular manner.
 Section 2: Other rules for the implementation of Union programmes
 Article UNPRO.5.1: Communication and exchange of information
 The Union institutions and bodies involved in the implementation of Union programmes or activities,
 or in control of such programmes or activities, shall be entitled to communicate directly, including
 through electronic exchange systems, with any natural person residing in the United Kingdom or
 legal entity established in the United Kingdom receiving Union funding, as well as with any third
 party involved in the implementation of Union funding that resides or is established in the United
 Kingdom. Such persons, entities and third parties may submit directly to the Union institutions and
 bodies all relevant information and documentation which they are required to submit on the basis of
 the Union legislation applicable to the Union programme or activity or on the basis of the contracts
 or funding agreements concluded to implement that programme or activity.
 Article UNPRO.5.2: Statistical cooperation
 EUROSTAT and the United Kingdom Statistics Authority may establish an arrangement that enables
 cooperation on relevant statistical matters and includes that EUROSTAT, with the agreement of the
 United Kingdom Statistics Authority, provides statistical data on the United Kingdom for the
 purposes of this Part, including, in particular, data on the GDP of the United Kingdom.
 Chapter 3: Access of the United Kingdom to services under Union programmes
 Article UNPRO.6: Rules on service access
 1. Where the United Kingdom does not participate in a Union programme or activity in
 accordance with Chapter 1 [Participation of the United Kingdom in Union Programmes] of this Part,
 it may nevertheless have access to services provided under Union programmes and activities under
 the terms and conditions established in this Agreement, the basic acts and any other rules pertaining
 to the implementation of Union programmes and activities.
 2. Protocol II [Access of the United Kingdom to services established under certain programmes
 and activities] shall, where appropriate:
 (a) identify the services under Union programmes and activities, to which the United Kingdom
 and United Kingdom entities shall have access;
 (b) lay down specific conditions for the access by the United Kingdom and United Kingdom
 entities. Those conditions shall comply with the conditions laid down in this Agreement and in
 the basic acts;
 (c) where applicable, specify the United Kingdom's financial or in-kind contribution with respect
 to a service provided under such Union programmes and activities.
 3. Protocol II shall be adopted and may be amended by the Specialised Committee on
 Participation in Union Programmes.
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 ---pagebreak--- 4. The United Kingdom and public and private spacecraft owners and operators operating in or
 from the United Kingdom shall have access to the services provided under Article 5.1 of Decision No
 541/2014 in accordance with Article 5.2 of this decision until provisions on similar access are
 included in Protocol II or until 31 December 2021.
 Chapter 4: [Reviews]
 Article UNPRO.7: [Review clause]
 Four years after Protocol I and II become applicable, the Specialised Committee on Participation in
 Union Programmes shall review the implementation thereof on the basis of the data concerning the
 participation of United Kingdom entities in indirect and direct actions under the programme, parts of
 the programme, activities and services covered under Protocols I and II.
 Following a request by either Party, the Specialised Committee on Participation in Union
 Programmes shall discuss changes or proposed changes affecting the terms of the United Kingdom
 participation in any of the programmes or parts of programmes, activities and services listed in
 Protocols I and II, and, if necessary, may propose appropriate measures within the scope of this
 Agreement.
 Chapter 5: Participation fee in the years 2021 to 2026
 Article UNPRO.8: Participation fee in the years 2021 to 2026
 The participation fee referred to in Article UNPRO.2.1(4) [Financial conditions] shall have the
 following value in the years 2021 to 2026:
 - in 2021: 0.5%;
 - in 2022: 1%;
 - in 2023: 1.5%;
 - in 2024: 2%;
 - in 2025: 2.5%;
 - in 2026: 3%.
 403
 ---pagebreak--- PART SIX: DISPUTE SETTLEMENT AND HORIZONTAL PROVISIONS
 TITLE I: DISPUTE SETTLEMENT
 Chapter 1: General provisions
 Article INST.9: Objective
 The objective of this Title is to establish an effective and efficient mechanism for avoiding and
 settling disputes between the Parties concerning the interpretation and application of this
 Agreement and supplementing agreements, with a view to reaching, where possible, a mutually
 agreed solution.
 Article INST.10: Scope
 1. This Title applies, subject to paragraphs 2, 3, 4 and 5, to disputes between the Parties
 concerning the interpretation and application of the provisions of this Agreement or of any
 supplementing agreement (“covered provisions”).
 2. The covered provisions shall include all provisions of this Agreement and of any
 supplementing agreement with the exception of:
 (a) paragraphs 1 to 6 of Article GOODS.17 [Trade remedies] and Article GOODS.21 [Cultural
 property] of Title I of Heading One Part Two;
 (b) Annex TBT-X [Medicinal products];
 (c) Title VII [Small and medium sized enterprises] of Heading one of Part Two;
 (d) Title X [Good regulatory practices and regulatory cooperation] of Heading One of Part Two;
 (e) paragraphs 1, 2 and 4 of Article LPFS.1.1 [Principles and objectives] and paragraphs 1 and 3 of
 Article LPFS.1.2 [Right to regulate, precautionary approach and scientific and technical
 information] of Chapter 1 [General provisions], Chapter 2 [Competition policy], Articles
 LPFS.3.9 [Independent authority or body and cooperation] and LPFS.3.10 [Courts and
 tribunals] of Chapter 2 [Subsidy control]; and Chapter 5 [Taxation] of Title XI [Level playing
 field for open and fair competition and sustainable development] of Heading One of Part Two,
 and paragraphs 4 to 9 of Article LPFS.9.4 [Rebalancing] of Chapter 9 [Horizontal and
 institutional provisions] of Title XI [Level playing field for open and fair competition and
 sustainable development] of Heading One of Part Two;
 (f) Part Three [Law enforcement and judicial cooperation in criminal matters], including when
 applying in relation to situations governed by other provisions of this Agreement;
 (g) Part Four [Thematic cooperation];
 (h) Title II [Basis for cooperation] of Part Six [Dispute settlement and horizontal provisions];
 (i) Article FINPROV.10A [Interim provision for transmission of personal data to the United
 Kingdom] of Part Seven; and
 (j) the Agreement on security procedures for exchanging and protecting classified information;
 404
 ---pagebreak--- 3. The Partnership Council may be seized by a Party with a view to resolving a dispute with
 respect to obligations arising from the provisions referred to in paragraph 2.
 4. Article INST.11 [Exclusivity] shall apply to the provisions referred to in paragraph 2.
 5. Notwithstanding paragraphs 1 and 2, this Title shall not apply with respect to disputes
 concerning the interpretation and application of the provisions of the Protocol on Social Security
 Coordination or its annexes in individual cases.
 Article INST.11: Exclusivity
 The Parties undertake not to submit a dispute between them regarding the interpretation or
 application of provisions of this Agreement or of any supplementing agreement to a mechanism of
 settlement other than those provided for in this Agreement.
 Article INST.12: Choice of forum in case of a substantially equivalent obligation under another
 international agreement
 1. If a dispute arises regarding a measure allegedly in breach of an obligation under this
 Agreement or any supplementing agreement and of a substantially equivalent obligation under
 another international agreement to which both Parties are party, including the WTO Agreement, the
 Party seeking redress shall select the forum in which to settle the dispute.
 2. Once a Party has selected the forum and initiated dispute settlement procedures either
 under this Title or under another international agreement, that Party shall not initiate such
 procedures under the other international agreement with respect to the particular measure referred
 to in paragraph 1, unless the forum selected first fails to make findings for procedural or
 jurisdictional reasons.
 3. For the purposes of this Article:
 (a) dispute settlement procedures under this Title are deemed to be initiated by a Party's request
 for the establishment of an arbitration tribunal under Article INST.14 [Arbitration procedures];
 (b) dispute settlement procedures under the WTO Agreement are deemed to be initiated by a
 Party’s request for the establishment of a panel under Article 6 of the Understanding on Rules
 and Procedure Governing the Settlement of Disputes of the WTO; and
 (c) dispute settlement procedures under any other agreement are deemed to be initiated if they
 are initiated in accordance with the relevant provisions of that agreement.
 4. Without prejudice to paragraph 2, nothing in this Agreement or any supplementing
 agreement shall preclude a Party from suspending obligations authorised by the Dispute Settlement
 Body of the WTO or authorised under the dispute settlement procedures of another international
 agreement to which the Parties are party. The WTO Agreement or any other international
 agreement between the Parties shall not be invoked to preclude a Party from suspending obligations
 under this Title.
 Chapter 2: Procedure
 405
 ---pagebreak--- Article INST.13: Consultations
 1. If a Party (“the complaining Party”) considers that the other Party (“the respondent Party”)
 has breached an obligation under this Agreement or under any supplementing agreement, the
 Parties shall endeavour to resolve the matter by entering into consultations in good faith, with the
 aim of reaching a mutually agreed solution.
 2. The complaining Party may seek consultations by means of a written request delivered to
 the respondent Party. The complaining Party shall specify in its written request the reasons for the
 request, including the identification of the measures at issue and the legal basis for the request, and
 the covered provisions it considers applicable.
 3. The respondent Party shall reply to the request promptly, and in any case no later than 10
 days after the date of its delivery. Consultations shall be held within 30 days of the date of delivery
 of the request in person or by any other means of communication agreed by the Parties. If held in
 person, consultations shall take place in the territory of the respondent Party, unless the Parties
 agree otherwise.
 4. The consultations shall be deemed concluded within 30 days of the date of delivery of the
 request, unless the Parties agree to continue consultations.
 5. Consultations on matters of urgency, including those regarding perishable goods or seasonal
 goods or services, shall be held within 20 days of the date of delivery of the request. The
 consultations shall be deemed concluded within those 20 days unless the Parties agree to continue
 consultations.
 6. Each Party shall provide sufficient factual information to allow a complete examination of
 the measure at issue, including an examination of how that measure could affect the application of
 this Agreement or any supplementing agreement. Each Party shall endeavour to ensure the
 participation of personnel of their competent authorities who have expertise in the matter subject
 to the consultations.
 7. For any dispute concerning an area other than Titles I to VII, Chapter four [Energy and raw
 materials] of Title VIII, Titles IX to XII of Heading One or Heading Six of Part Two, at the request of
 the complaining Party, the consultations referred to in paragraph 3 of this Article shall be held in the
 framework of a Specialised Committee or of the Partnership Council. The Specialised Committee
 may at any time decide to refer the matter to the Partnership Council. The Partnership Council may
 also seize itself of the matter. The Specialised Committee, or, as the case may be, the Partnership
 Council, may resolve the dispute by a decision. The time periods referred to in paragraph 3 of this
 Article shall apply. The venue of meetings shall be governed by the rules of procedure of the
 Specialised Committee or, as the case may be, the Partnership Council.
 8. Consultations, and in particular all information designated as confidential and positions
 taken by the Parties during consultations, shall be confidential, and shall be without prejudice to the
 rights of either Party in any further proceedings.
 Article INST.14: Arbitration procedure
 1. The complaining Party may request the establishment of an arbitration tribunal if:
 406
 ---pagebreak--- (a) the respondent Party does not respond to the request for consultations within 10 days of the
 date of its delivery;
 (b) consultations are not held within the time periods referred to in Article INST.13(3), (4) or (5)
 [Consultations];
 (c) the Parties agree not to have consultations; or
 (d) consultations have been concluded without a mutually agreed solution having been reached.
 2. The request for the establishment of the arbitration tribunal shall be made by means of a
 written request delivered to the respondent Party. In its request, the complaining Party shall
 explicitly identify the measure at issue and explain how that measure constitutes a breach of the
 covered provisions in a manner sufficient to present the legal basis for the complaint clearly.
 Article INST.15: Establishment of an arbitration tribunal
 1. An arbitration tribunal shall be composed of three arbitrators.
 2. No later than 10 days after the date of delivery of the request for the establishment of an
 arbitration tribunal, the Parties shall consult with a view to agreeing on the composition of the
 arbitration tribunal.
 3. If the Parties do not agree on the composition of the arbitration tribunal within the time
 period provided for in paragraph 2, each Party shall appoint an arbitrator from the sub-list for that
 Party established pursuant to Article INST.27 [Lists of arbitrators] no later than five days after the
 expiry of the time period provided for in paragraph 2 of this Article. If a Party fails to appoint an
 arbitrator from its sub-list within that time period, the co-chair of the Partnership Council from the
 complaining Party shall select, no later than five days after the expiry of that time period, an
 arbitrator by lot from the sub-list of the Party that has failed to appoint an arbitrator. The co-chair of
 the Partnership Council from the complaining Party may delegate such selection by lot of the
 arbitrator.
 4. If the Parties do not agree on the chairperson of the arbitration tribunal within the time period
 provided for in paragraph 2 of this Article, the co-chair of the Partnership Council from the
 complaining Party shall select, no later than five days after the expiry of that time period, the
 chairperson of the arbitration tribunal by lot from the sub-list of chairpersons established pursuant
 to Article INST.27 [Lists of arbitrators]. The co-chair of the Partnership Council from the complaining
 Party may delegate such selection by lot of the chairperson of the arbitration tribunal.
 5. Should any of the lists provided for in Article INST.27 [Lists of arbitrators] not be established
 or not contain sufficient names at the time a selection is made pursuant to paragraphs 3 or 4 of this
 Article, the arbitrators shall be selected by lot from the individuals who have been formally
 proposed by one Party or both Parties in accordance with Annex INST-X [Rules of procedure].
 6. The date of establishment of the arbitration tribunal shall be the date on which the last of
 the three arbitrators has notified to the Parties the acceptance of his or her appointment in
 accordance with Annex INST-X [Rules of procedure].
 407
 ---pagebreak--- Article INST.16: Requirements for arbitrators
 1. All arbitrators shall:
 (a) have demonstrated expertise in law and international trade, including on specific matters
 covered by Titles I to VII, Chapter four [Energy and raw materials] of Title VIII, Titles IX to XII of
 Heading One [Trade] of Part Two or Heading Six [Other provisions] of Part Two, or in law and
 any other matter covered by this Agreement or by any supplementing agreement and, in the
 case of a chairperson, also have experience in dispute settlement procedures;
 (b) not be affiliated with or take instructions from either Party;
 (c) serve in their individual capacities and not take instructions from any organisation or
 government with regard to matters related to the dispute; and
 (d) comply with Annex INST-X [Code of Conduct].]
 2. All arbitrators shall be persons whose independence is beyond doubt, who possess the
 qualifications required for appointment to high judicial office in their respective countries or who are
 jurisconsults of recognised competence.
 3. In view of the subject-matter of a particular dispute, the Parties may agree to derogate from
 the requirements listed in point (a) of paragraph 1.
 Article INST.17: Functions of the arbitration tribunal
 The arbitration tribunal:
 (a) shall make an objective assessment of the matter before it, including an objective assessment
 of the facts of the case and the applicability of, and conformity of the measures at issue with,
 the covered provisions;
 (b) shall set out, in its decisions and rulings, the findings of facts and law and the rationale behind
 any findings that it makes; and
 (c) should consult regularly with the Parties and provide adequate opportunities for the
 development of a mutually agreed solution.
 Article INST.18: Terms of reference
 1. Unless the Parties agree otherwise no later than five days after the date of the establishment
 of the arbitration tribunal, the terms of reference of the arbitration tribunal shall be:
 "to examine, in the light of the relevant covered provisions of this Agreement or of a
 supplementing agreement, the matter referred to in the request for the establishment of
 the arbitration tribunal, to decide on the conformity of the measure at issue with the
 provisions referred to in Article INST.10 [Scope] and to issue a ruling in accordance with
 Article INST.20 [Ruling of the arbitration tribunal]".
 2. If the Parties agree on terms of reference other than those referred to in paragraph 1, they
 shall notify the agreed terms of reference to the arbitration tribunal within the time period
 408
 ---pagebreak--- referred to in paragraph 1.
 Article INST.19: Urgent proceedings
 1. If a Party so requests, the arbitration tribunal shall decide, no later than 10 days after the date
 of its establishment, whether the case concerns matters of urgency.
 2. In cases of urgency, the applicable time periods set out in Article INST.20 [Ruling of the
 Arbitration Tribunal] shall be half the time prescribed therein.
 Article INST.20: Ruling of the arbitration tribunal
 1. The arbitration tribunal shall deliver an interim report to the Parties within 100 days after
 the date of establishment of the arbitration tribunal. If the arbitration tribunal considers that this
 deadline cannot be met, the chairperson of the arbitration tribunal shall notify the Parties in writing,
 stating the reasons for the delay and the date on which the arbitration tribunal plans to deliver its
 interim report. The arbitration tribunal shall not deliver its interim report later than 130 days after
 the date of establishment of the arbitration tribunal under any circumstances.
 2. Each Party may deliver to the arbitration tribunal a written request to review precise aspects
 of the interim report within 14 days of its delivery. A Party may comment on the other Party's
 request within six days of the delivery of the request.
 3. If no written request to review precise aspects of the interim report is delivered within the
 time period referred to in paragraph 2, the interim report shall become the ruling of the arbitration
 tribunal.
 4. The arbitration tribunal shall deliver its ruling to the Parties within 130 days of the date of
 establishment of the arbitration tribunal. When the arbitration tribunal considers that that deadline
 cannot be met, its chairperson shall notify the Parties in writing, stating the reasons for the delay
 and the date on which the arbitration tribunal plans to deliver its ruling. The arbitration tribunal shall
 not deliver its ruling later than 160 days after the date of establishment of the arbitration tribunal
 under any circumstances.
 5. The ruling shall include a discussion of any written request by the Parties on the interim
 report and clearly address the comments of the Parties.
 6. For greater certainty, a ‘ruling’ or ‘rulings’ as referred to in Articles INST.17 [Functions of the
 arbitration tribunal], INST.18 [Terms of reference], INST.28 [Replacement of arbitrators] and Article
 INST.29(1), (3), (4) and (6) [Arbitration tribunal rulings and decisions] shall be understood to refer
 also to the interim report of the arbitration tribunal.
 Chapter 3: Compliance
 Article INST.21: Compliance measures
 1. If, in its ruling referred to in Article INST.20(1) [Ruling of the arbitration tribunal], the
 arbitration tribunal finds that the respondent Party has breached an obligation under this
 Agreement or under any supplementing agreement, that Party shall take the necessary measures to
 409
 ---pagebreak--- comply immediately with the ruling of the arbitration tribunal in order to bring itself in compliance
 with the covered provisions.
 2. The respondent Party, no later than 30 days after delivery of the ruling, shall deliver a
 notification to the complaining Party of the measures which it has taken or which it envisages to
 take in order to comply.
 Article INST.22: Reasonable Period of Time
 1. If immediate compliance is not possible, the respondent Party, no later than 30 days after
 delivery of the ruling referred to in Article INST.20(1) [Ruling of the arbitration tribunal], shall deliver
 a notification to the complaining Party of the length of the reasonable period of time it will require
 for compliance with the ruling referred to in Article INST.20(1) [Ruling of the arbitration tribunal].
 The Parties shall endeavour to agree on the length of the reasonable period of time to comply.
 2. If the Parties have not agreed on the length of the reasonable period of time, the
 complaining Party may, at the earliest 20 days after the delivery of the notification referred to in
 paragraph 1, request in writing that the original arbitration tribunal determines the length of the
 reasonable period of time. The arbitration tribunal shall deliver its decision to the Parties within 20
 days of the date of delivery of the request.
 3. The respondent Party shall deliver a written notification of its progress in complying with the
 ruling referred to in Article INST.20(1) [Ruling of the arbitration tribunal] to the complaining Party at
 least one month before the expiry of the reasonable period of time.
 4. The Parties may agree to extend the reasonable period of time.
 Article INST.23: Compliance Review
 1. The respondent Party shall, no later than the date of expiry of the reasonable period of time,
 deliver a notification to the complaining Party of any measure that it has taken to comply with the
 ruling referred to in Article INST.20(1) [Ruling of the arbitration tribunal].
 2. When the Parties disagree on the existence of, or the consistency with the covered
 provisions of, any measure taken to comply, the complaining Party may deliver a request, which
 shall be in writing, to the original arbitration tribunal to decide on the matter. The request shall
 identify any measure at issue and explain how that measure constitutes a breach of the covered
 provisions in a manner sufficient to present the legal basis for the complaint clearly. The arbitration
 tribunal shall deliver its decision to the Parties within 45 days of the date of delivery of the request.
 Article INST.24: Temporary Remedies
 1. The respondent Party shall, at the request of and after consultations with the complaining
 Party, present an offer for temporary compensation if:
 (a) the respondent Party delivers a notification to the complaining Party that it is not possible to
 comply with the ruling referred to in Article INST.20(1) [Ruling of the arbitration tribunal]; or
 410
 ---pagebreak--- (b) the respondent Party fails to deliver a notification of any measure taken to comply within
 the deadline referred to in Article INST.21 [Compliance Measures] or before the date of expiry of the
 reasonable period of time; or
 (c) the arbitration tribunal finds that no measure taken to comply exists or that the measure
 taken to comply is inconsistent with the covered provisions.
 2. In any of the conditions referred to in points (a), (b) and (c) of paragraph 1, the complaining
 Party may deliver a written notification to the respondent Party that it intends to suspend the
 application of obligations under the covered provisions if:
 (a) the complaining Party decides not to make a request under paragraph 1; or
 (b) the Parties do not agree on the temporary compensation within 20 days after the expiry of
 the reasonable period of time or the delivery of the arbitration tribunal decision under Article
 INST.23 [Compliance Review] if a request under paragraph 1 is made.
 The notification shall specify the level of intended suspension of obligations.
 3. Suspension of obligations shall be subject to the following conditions:
 (a) Obligations under Heading Four [Social security coordination and visas for short-term visits]of
 Part Two, the Protocol on Social Security Coordination or its annexes or Part Five [Union
 programmes] may not be suspended under this Article;
 (b) By derogation from point (a), obligations under Part Five [Union programmes] may be suspended
 only where the ruling referred to in Article INST.20(1) [Ruling of the arbitration tribunal] concerns
 the interpretation and implementation of Part Five [Union programmes];
 (c) Obligations outside Part Five [Union programmes] may not be suspended where the ruling
 referred to in Article INST.20(1) [Ruling of the arbitration tribunal] concerns the interpretation and
 implementation of Part Five [Union programmes]; and
 (d) Obligations under Title II [Services and Investment] of Heading One of Part Two in respect of
 financial services may not be suspended under this Article, unless the ruling referred to in Article
 INST.20(1) [Ruling of the arbitration tribunal] concerns the interpretation and application of
 obligations under Title II [Services and Investment] of Heading One of Part Two in respect of financial
 services.
 4. Where a Party persists in not complying with a ruling of an arbitration panel established
 under an earlier agreement concluded between the Parties, the other Party may suspend obligations
 under the covered provisions referred to in Article INST.10 [Scope]. With the exception of the rule in
 point (a) of paragraph 3, all rules relating to temporary remedies in case of non-compliance and to
 review of any such measures shall be governed by the earlier agreement.
 5. The suspension of obligations shall not exceed the level equivalent to the nullification or
 impairment caused by the violation.
 6. If the arbitration tribunal has found the violation in Heading One [Trade] or Heading Three
 [Road] of Part Two, the suspension may be applied in another Title of the same Heading as that in
 411
 ---pagebreak--- which the tribunal has found the violation, in particular if the complaining party is of the view that
 such suspension is effective in inducing compliance.
 7. If the arbitration tribunal has found the violation in Heading Two [Aviation]:
 (a) the complaining party should first seek to suspend obligations in the same Title as that in which
 the arbitration tribunal has found the violation;
 (b) if the complaining party considers that it is not practicable or effective to suspend obligations
 with respect to the same Title as that in which the tribunal has found the violation, it may seek to
 suspend obligations in the other Title under the same Heading.
 8. If the arbitration tribunal has found the violation in Heading One [Trade], Heading Two
 [Aviation], Heading Three [Road] or Heading Five [Fisheries] of Part Two, and if the complaining
 party considers that it is not practicable or effective to suspend obligations within the same Heading
 as that in which the arbitration tribunal has found the violation, and that the circumstances are
 serious enough, it may seek to suspend obligations under other covered provisions.
 9. In the case of point (b) of paragraph 7 and paragraph 8, the complaining Party shall state the
 reasons for its decision.
 10. The complaining Party may suspend the obligations 10 days after the date of delivery of the
 notification referred to in paragraph 2 unless the respondent Party made a request under paragraph
 11.
 11. If the respondent Party considers that the notified level of suspension of obligations exceeds
 the level equivalent to the nullification or impairment caused by the violation or that the principles
 and procedures set forth in point (b) of paragraph 7, paragraph 8 or paragraph 9 have not been
 followed, it may deliver a written request to the original arbitration tribunal before the expiry of the
 10 day period set out in paragraph 10 to decide on the matter. The arbitration tribunal shall deliver
 its decision on the level of the suspension of obligations to the Parties within 30 days of the date of
 the request. Obligations shall not be suspended until the arbitration tribunal has delivered its
 decision. The suspension of obligations shall be consistent with that decision.
 12. The arbitration tribunal acting pursuant to paragraph 11 shall not examine the nature of the
 obligations to be suspended but shall determine whether the level of such suspension exceeds the
 level equivalent to the nullification or impairment caused by the violation. However, if the matter
 referred to arbitration includes a claim that the principles and procedures set forth in point (b) of
 paragraph 7, paragraph 8 or paragraph 9 have not been followed, the arbitration tribunal shall
 examine that claim. In the event the arbitration tribunal determines that those principles and
 procedures have not been followed, the complaining party shall apply them consistently with point
 (b) of paragraph 7, paragraph 8 and paragraph 9. The parties shall accept the arbitration tribunal's
 decision as final and shall not seek a second arbitration procedure. This paragraph shall under no
 circumstances delay the date as of which the complaining Party is entitled to suspend obligations
 under this Article.
 13. The suspension of obligations or the compensation referred to in this Article shall be
 temporary and shall not be applied after:
 412
 ---pagebreak--- (a) the Parties have reached a mutually agreed solution pursuant to Article INST.31 [Mutually
 agreed solution];
 (b) the Parties have agreed that the measure taken to comply brings the respondent Party into
 compliance with the covered provisions; or
 (c) any measure taken to comply which the arbitration tribunal has found to be inconsistent
 with the covered provisions has been withdrawn or amended so as to bring the respondent Party
 into compliance with those covered provisions.
 Article INST.25: Review of any measure taken to comply after the adoption of temporary remedies
 1. The respondent Party shall deliver a notification to the complaining Party of any measure it
 has taken to comply following the suspension of obligations or following the application of
 temporary compensation, as the case may be. With the exception of cases under paragraph 2, the
 complaining Party shall terminate the suspension of obligations within 30 days from the delivery of
 the notification. In cases where compensation has been applied, with the exception of cases under
 paragraph 2, the respondent Party may terminate the application of such compensation within 30
 days from the delivery of its notification that it has complied.
 2. If the Parties do not reach an agreement on whether the notified measure brings the
 respondent Party into compliance with the covered provisions within 30 days of the date of delivery
 of the notification, the complaining Party shall deliver a written request to the original arbitration
 tribunal to decide on the matter. The arbitration tribunal shall deliver its decision to the Parties
 within 46 days of the date of the delivery of the request. If the arbitration tribunal finds that the
 measure taken to comply is in conformity with the covered provisions, the suspension of obligations
 or compensation, as the case may be, shall be terminated. When relevant, the level of suspension of
 obligations or of compensation shall be adjusted in light of the arbitration tribunal decision.
 Chapter 4: Common procedural provisions
 Article INST.26: Receipt of information
 1. On request of a Party, or on its own initiative, the arbitration tribunal may seek from the
 Parties relevant information it considers necessary and appropriate. The Parties shall respond
 promptly and fully to any request by the arbitration tribunal for such information.
 2. On request of a Party, or on its own initiative, the arbitration tribunal may seek from any
 source any information it considers appropriate. The arbitration tribunal may also seek the opinion
 of experts as it considers appropriate and subject to any terms and conditions agreed by the Parties,
 where applicable.
 3. The arbitration tribunal shall consider amicus curiae submissions from natural persons of a
 Party or legal persons established in a Party in accordance with Annex INST-X [Rules of Procedure].
 4. Any information obtained by the arbitration tribunal under this Article shall be made available
 to the Parties and the Parties may submit comments on that information to the arbitration tribunal.
 413
 ---pagebreak--- Article INST.27: Lists of arbitrators
 1. The Partnership Council shall, no later than 180 days after the date of entry into force of this
 Agreement, establish a list of individuals with expertise in specific sectors covered by this Agreement
 or its supplementing agreements who are willing and able to serve as members of an arbitration
 tribunal. The list shall comprise at least 15 persons and shall be composed of three sub-lists:
 (a) one sub-list of individuals established on the basis of proposals by the Union;
 (b) one sub-list of individuals established on the basis of proposals by the United Kingdom; and
 (c) one sub-list of individuals who are not nationals of either Party who shall serve as chairperson
 to the arbitration tribunal.
 Each sub-list shall include at least five individuals. The Partnership Council shall ensure that the list is
 always maintained at this minimum number of individuals.
 2. The Partnership Council may establish additional lists of individuals with expertise in specific
 sectors covered by this Agreement or by any supplementing agreement. Subject to the agreement of
 the Parties, such additional lists may be used to compose the arbitration tribunal in accordance with
 the procedure set out in Article INST.15(3) and (5) [Establishment of an arbitration tribunal].
 Additional lists shall be composed of two sub-lists:
 (a) one sub-list of individuals established on the basis of proposals by the Union; and
 (b) one sub-list of individuals established on the basis of proposals by the United Kingdom.
 3. The lists referred to in paragraphs 1 and 2 shall not comprise persons who are members,
 officials or other servants of the Union institutions, of the Government of a Member State, or of the
 Government of the United Kingdom.
 Article INST.28: Replacement of arbitrators
 If during dispute settlement procedures under this Title, an arbitrator is unable to participate,
 withdraws, or needs to be replaced because that arbitrator does not comply with the requirements
 of the Code of Conduct, the procedure set out in Article INST.15 [Establishment of the arbitration
 tribunal] shall apply. The time period for the delivery of the ruling or decision shall be extended for
 the time necessary for the appointment of the new arbitrator.
 Article INST.29: Arbitration tribunal decisions and rulings
 1. The deliberations of the arbitration tribunal shall be kept confidential. The arbitration
 tribunal shall make every effort to draft rulings and take decisions by consensus. If this is not
 possible, the arbitration tribunal shall decide the matter by majority vote. In no case shall separate
 opinions of arbitrators be disclosed.
 2. The decisions and rulings of the arbitration tribunal shall be binding on the Union and on the
 United Kingdom. They shall not create any rights or obligations with respect to natural or legal
 persons.
 414
 ---pagebreak--- 3. Decisions and rulings of the arbitration tribunal cannot add to or diminish the rights and
 obligations of the Parties under this Agreement or under any supplementing agreement.
 4. For greater certainty, the arbitration tribunal shall have no jurisdiction to determine the
 legality of a measure alleged to constitute a breach of this Agreement or of any supplementing
 agreement, under the domestic law of a Party. No finding made by the arbitration tribunal when
 ruling on a dispute between the Parties shall bind the domestic courts or tribunals of either Party as
 to the meaning to be given to the domestic law of that Party.
 4A. For greater certainty, the courts of each Party shall have no jurisdiction in the resolution of
 disputes between the Parties under this Agreement.
 5. Each Party shall make the rulings and decisions of the arbitration tribunal publicly available,
 subject to the protection of confidential information.
 6. The information submitted by the Parties to the arbitration tribunal shall be treated in
 accordance with the confidentiality rules laid down in ANNEX-INST-X [Rules of procedure].
 Article INST.30: Suspension and termination of the arbitration proceedings
 At the request of both Parties, the arbitration tribunal shall suspend its work at any time for a period
 agreed by the Parties and not exceeding 12 consecutive months. The arbitration tribunal shall
 resume its work before the end of the suspension period at the written request of both Parties, or at
 the end of the suspension period at the written request of either Party. The requesting Party shall
 deliver a notification to the other Party accordingly. If a Party does not request the resumption of
 the arbitration tribunal’s work at the expiry of the suspension period, the authority of the arbitration
 tribunal shall lapse and the dispute settlement procedure shall be terminated. In the event of a
 suspension of the work of the arbitration tribunal, the relevant time periods shall be extended by
 the same time period for which the work of the arbitration tribunal was suspended.
 Article INST.31: Mutually agreed solution
 5. The Parties may at any time reach a mutually agreed solution with respect to any dispute
 referred to in Article INST.10 [Scope].
 6. If a mutually agreed solution is reached during panel proceedings, the Parties shall jointly
 notify the agreed solution to the chairperson of the arbitration tribunal. Upon such notification, the
 arbitration proceedings shall be terminated.
 7. The solution may be adopted by means of a decision of the Partnership Council. Mutually
 agreed solutions shall be made publicly available. The version disclosed to the public shall not
 contain any information either Party has designated as confidential.
 8. Each Party shall take the measures necessary to implement the mutually agreed solution
 within the agreed time period.
 9. No later than the date of expiry of the agreed time period, the implementing Party shall
 inform the other Party in writing of any measures thus taken to implement the mutually agreed
 solution.
 415
 ---pagebreak--- Article INST.32: Time Periods
 1. All time periods laid down in this Title shall be counted in days from the day following the
 act to which they refer.
 2. Any time period referred to in this Title may be modified by mutual agreement of the
 Parties.
 3. The arbitration tribunal may at any time propose to the Parties to modify any time period
 referred to in this Title, stating the reasons for the proposal.
 Article INST.34: Costs
 1. Each Party shall bear its own expenses derived from the participation in the arbitration
 tribunal procedure.
 2. The Parties shall share jointly and equally the expenses derived from organisational matters,
 including the remuneration and expenses of the members of the arbitration tribunal. The
 remuneration of the arbitrators shall be in accordance with INST-ANNEX-X [Rules of procedure].
 Article INST.34A: Annexes
 1. Dispute settlement procedures set out in this Title shall be governed by the rules of
 procedure set out in ANNEX INST-X [Rules of Procedure] and conducted in accordance with the
 ANNEX INST-X [Code of Conduct].
 2. The Partnership Council may amend the ANNEXES INST-X [Rules of procedure] and INST-X
 [Code of conduct].
 Chapter 5: Specific arrangements for unilateral measures
 Article INST.34B: Special procedures for remedial measures and rebalancing
 1. For the purposes of Article 3.12 [Remedial measures] of Chapter 3 [Subsidy control] and
 Article 9.4(2) and (3) [Rebalancing] of Chapter 9 [Institutional provisions] of Title XI [Level playing
 field for open and fair competition and sustainable development] of Heading One of Part Two, this
 Title applies with the modifications set out in this Article.
 2. By derogation from Article INST.15 [Establishment of an arbitration tribunal] and Annex
 INST-X [Rules of procedure for dispute settlement], if the Parties do not agree on the composition of
 the arbitration tribunal within two days, the co-chair of the Partnership Council from the
 complaining Party shall select, no later than one day after the expiry of the two-day time period, an
 arbitrator by lot from the sub-list of each Party and the chairperson of the arbitration tribunal by lot
 from the sub-list of chairpersons established pursuant to Article INST.27 [Lists of arbitrators]. The co-
 chair of the Partnership Council from the complaining Party may delegate such selection by lot of the
 arbitrator or chairperson. Each individual shall confirm his or her availability to both Parties within
 two days from the date on which he or she was informed of his or her appointment. The
 organisational meeting referred to in Rule 10 of Annex INST-X [Rules of procedure for dispute
 settlement] shall take place within 2 days from the establishment of the arbitration tribunal.
 416
 ---pagebreak--- 3. By derogation from Rule 11 of Annex INST-X [Rules of procedure for dispute settlement] the
 complaining Party shall deliver its written submission no later than seven days after the date of
 establishment of the arbitration tribunal. The respondent Party shall deliver its written submission
 no later than seven days after the date of delivery of the written submission of the complaining
 Party. The arbitration tribunal shall adjust any other relevant time periods of the dispute settlement
 procedure as necessary to ensure the timely delivery of the report.
 4. Article INST.20 [Ruling of the arbitration tribunal] does not apply and references to the
 ruling in this Title shall be read as references to the ruling referred to in
 (a) paragraph 10 of Article 3.12 [Remedial measures] of Chapter 3 [Subsidy control] of Title XI [Level
 playing field for open and fair competition and sustainable development]; or
 (b) point (c) of Article 9.4(3) [Rebalancing].
 5. By derogation from Article INST.23(2) [Compliance review], the arbitration tribunal shall
 deliver its decision to the Parties within 30 days from the date of delivery of the request.
 Article INST.34C: Suspension of obligations for the purposes of Article LPFS.3.12(12), Article FISH.9(5)
 and Article FISH.14(7)
 1. The level of suspension of obligations shall not exceed the level equivalent to the
 nullification or impairment of benefits under this Agreement or under a supplementing agreement
 that is directly caused by the remedial measures from the date the remedial measures enter into
 effect until the date of the delivery of the arbitration ruling.
 2. The level of suspension of obligations requested by the complaining Party and the
 determination of the level of suspension of obligations by the arbitration tribunal shall be based on
 facts demonstrating that the nullification or impairment arises directly from the application of the
 remedial measure and affects specific goods, service suppliers, investors or other economic actors
 and not merely on allegation, conjecture or remote possibility.
 3. The level of nullified or impaired benefits requested by the complaining Party or determined
 by the arbitration tribunal:
 (a) shall not include punitive damages, interest or hypothetical losses of profits or business
 opportunities;
 (b) shall be reduced by any prior refunds of duties, indemnification of damages or other forms of
 compensation already received by the concerned operators or the concerned Party; and
 (c) shall not include the contribution to the nullification or impairment by wilful or negligent action
 or omission of the concerned Party or any person or entity in relation to whom remedies are
 sought pursuant to the intended suspension of obligations.
 Article INST.34D: Conditions for rebalancing, remedial, compensatory and safeguard measures
 Where a Party takes a measure under Article 3.12 [Remedial measures] of Chapter three [Subsidy
 control] or Article 9.4 [Rebalancing] of Chapter nine [Institutional provisions] of Title XI [Level playing
 field for open and fair competition and sustainable development] of Heading One [Trade], Article
 ROAD.11 [Remedial measures] of Heading Three [Road transport], Article FISH.9 [Compensatory
 measures in case of withdrawal or reduction of access] or Article FISH.14 [Remedial measures and
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 ---pagebreak--- dispute resolution] of Heading Five of Part Two or Article INST.36 [Safeguards] of Title III of Part Six,
 that measure shall only be applied in respect of covered provisions within the meaning of Article
 INST.10 [Scope] and shall comply, mutatis mutandis, with the conditions set out in Article INST.24(3)
 [Temporary remedies].
 TITLE II: BASIS FOR COOPERATION
 Article COMPROV.4: Democracy, rule of law and human rights
 1. The Parties shall continue to uphold the shared values and principles of democracy, the rule
 of law, and respect for human rights, which underpin their domestic and international policies. In
 that regard, the Parties reaffirm their respect for the Universal Declaration of Human Rights and the
 international human rights treaties to which they are parties.
 2. The Parties shall promote such shared values and principles in international forums. The
 Parties shall cooperate in promoting those values and principles, including with or in third countries.
 Article COMPROV.5: Fight against climate change
 1. The Parties consider that climate change represents an existential threat to humanity and
 reiterate their commitment to strengthening the global response to this threat. The fight against
 human-caused climate change as elaborated in the United Nations Framework Convention on
 Climate Change (UNFCCC) process, and in particular in the Paris Agreement adopted by the
 Conference of the Parties to the United Nations Framework Convention on Climate Change at its
 21st session (the "Paris Agreement”), inspires the domestic and external policies of the Union and
 the United Kingdom. Accordingly, each Party shall respect the Paris Agreement and the process set
 up by the UNFCCC and refrain from acts or omissions that would materially defeat the object and
 purpose of the Paris Agreement.
 2. The Parties shall advocate the fight against climate change in international forums, including
 by engaging with other countries and regions to increase their level of ambition in the reduction of
 greenhouse emissions.
 Article COMPROV.6: Countering proliferation of weapons of mass destruction
 1. The Parties consider that the proliferation of weapons of mass destruction (WMD) and their
 means of delivery, to both state and non-state actors, represents one of the most serious threats to
 international stability and security. The Parties therefore agree to cooperate and to contribute to
 countering the proliferation of weapons of mass destruction and their means of delivery through full
 compliance with and national implementation of existing obligations under international
 disarmament and non-proliferation treaties and agreements and other relevant international
 obligations.
 2. The Parties, furthermore, agree to cooperate on and to contribute to countering the
 proliferation of weapons of mass destruction and their means of delivery by:
 (a) taking steps to sign, ratify, or accede to, as appropriate, and fully implement all other relevant
 international instruments; and
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 ---pagebreak--- (b) establishing an effective system of national export controls, controlling the export as well as
 transit of WMD-related goods, including a WMD end-use control on dual use technologies and
 containing effective sanctions for breaches of export controls.
 3. The Parties agree to establish a regular dialogue on those matters.
 Article COMPROV.7: Small arms and light weapons and other conventional weapons
 1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and
 light weapons (SALW), including their ammunition, their excessive accumulation, their poor
 management, inadequately secured stockpiles and their uncontrolled spread continue to pose a
 serious threat to peace and international security.
 2. The Parties agree to observe and fully implement their respective obligations to deal with
 the illicit trade in SALW, including their ammunition, under existing international agreements and
 UN Security Council resolutions, as well as their respective commitments within the framework of
 other international instruments applicable in this area, such as the UN Programme of Action to
 prevent, combat and eradicate the illicit trade in SALW in all its aspects.
 3. The Parties recognise the importance of domestic control systems for the transfer of
 conventional arms in line with existing international standards. The Parties recognise the importance
 of applying such controls in a responsible manner, as a contribution to international and regional
 peace, security and stability, and to the reduction of human suffering, as well as to the prevention of
 diversion of conventional weapons.
 4. The Parties undertake, in that regard, to fully implement the Arms Trade Treaty and to
 cooperate with each other within the framework of that Treaty, including in promoting the
 universalisation and full implementation of that Treaty by all UN member states.
 5. The Parties therefore undertake to cooperate in their efforts to regulate or improve the
 regulation of international trade in conventional arms and to prevent, combat and eradicate the
 illicit trade in arms.
 6. The Parties agree to establish a regular dialogue on those matters.
 Article COMPROV.8: The most serious crimes of concern to the international community
 1. The Parties reaffirm that the most serious crimes of concern to the international community
 as a whole must not go unpunished and that their effective prosecution must be ensured by taking
 measures at the national level and by enhancing international cooperation, including with the
 International Criminal Court. The Parties agree to fully support the universality and integrity of the
 Rome Statute of the International Criminal Court and related instruments.
 2. The Parties agree to establish a regular dialogue on those matters.
 Article COMPROV.9: Counter-terrorism
 1. The Parties shall cooperate at the bilateral, regional and international levels to prevent and
 combat acts of terrorism in all its forms and manifestations in accordance with international law,
 including, where applicable, international counterterrorism-related agreements, international
 humanitarian law and international human rights law, as well as in accordance with the principles of
 the Charter of the United Nations.
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 ---pagebreak--- 2. The Parties shall enhance cooperation on counter-terrorism, including preventing and
 countering violent extremism and the financing of terrorism, with the aim of advancing their
 common security interests, taking into account the United Nations Global Counter-Terrorism
 Strategy and relevant United Nations Security Council resolutions, without prejudice to law
 enforcement and judicial cooperation in criminal matters and intelligence exchanges.
 3. The Parties agree to establish a regular dialogue on those matters. This dialogue will, inter
 alia, aim to promote and facilitate:
 (a) the sharing of assessments on the terrorist threat;
 (b) the exchange of best practices and expertise on counter terrorism;
 (c) operational cooperation and exchange of information; and
 (d) exchanges on cooperation in the framework of multilateral organisations.
 Article COMPROV.10: Personal data protection
 1. The Parties affirm their commitment to ensuring a high level of personal data protection.
 They shall endeavour to work together to promote high international standards.
 2. The Parties recognise that individuals have a right to the protection of personal data and
 privacy and that high standards in this regard contribute to trust in the digital economy and to the
 development of trade, and are a key enabler for effective law enforcement cooperation. To that end,
 the Parties shall undertake to respect, each in the framework of their respective laws and
 regulations, the commitments they have made in this Agreement in connection with that right.
 3. The Parties shall cooperate at bilateral and multilateral levels, while respecting their
 respective laws and regulations. Such cooperation may include dialogue, exchanges of expertise, and
 cooperation on enforcement, as appropriate, with respect to personal data protection.
 4. Where this Agreement or any supplementing agreement provide for the transfer of personal
 data, such transfer shall take place in accordance with the transferring Party’s rules on international
 transfers of personal data. For greater certainty, this paragraph is without prejudice to the
 application of any specific provisions in this Agreement relating to the transfer of personal data, in
 particular Article DIGIT.7 [Protection of personal data and privacy] and Article LAWGEN.4 [Protection
 of personal data], and to Title I of Part Six [Dispute Settlement]. Where needed, each Party will make
 best efforts, while respecting its rules on international transfers of personal data, to establish
 safeguards necessary for the transfer of personal data, taking into account any recommendations of
 the Partnership Council under point (h) of Article INST.1(4) [Partnership Council].
 Article COMPROV.11: Global cooperation on issues of shared economic, environmental and social
 interest
 1. The Parties recognise the importance of global cooperation to address issues of shared
 economic, environmental and social interest. Where it is in their mutual interest, they shall promote
 multilateral solutions to common problems.
 2. While preserving their decision-making autonomy, and without prejudice to other provisions
 of this Agreement or any supplementing agreement, the Parties shall endeavour to cooperate on
 current and emerging global issues of common interest such as peace and security, climate change,
 sustainable development, cross-border pollution, environmental protection, digitalisation, public
 420
 ---pagebreak--- health and consumer protection, taxation, financial stability, and free and fair trade and investment.
 To that end, they shall endeavour to maintain a constant and effective dialogue and to coordinate
 their positions in multilateral organisations and forums in which the Parties participate, such as the
 United Nations, the Group of Seven (G-7) and the Group of Twenty (G-20), the Organisation for
 Economic Co-operation and Development, the International Monetary Fund, the World Bank and the
 World Trade Organization.
 Article COMPROV.12: Essential elements
 Article COMPROV.4(1) [Democracy, rule of law and human rights], Article COMPROV.5(1) [Fight
 against climate change] and Article COMPROV.6(1) [Countering proliferation of weapons of mass
 destruction] constitute essential elements of the partnership established by this Agreement and any
 supplementing agreement.
 TITLE III: FULFILLMENT OF OBLIGATIONS AND SAFEGUARD MEASURES
 Article INST.35: Fulfilment of obligations described as essential elements
 1. If either Party considers that there has been a serious and substantial failure by the other
 Party to fulfil any of the obligations that are described as essential elements in Article COMPROV.12
 [Essential elements], it may decide to terminate or suspend the operation of this Agreement or any
 supplementing agreement in whole or in part.
 2. Before doing so, the Party invoking the application of this Article shall request that the
 Partnership Council meet immediately, with a view to seeking a timely and mutually agreeable
 solution. If no mutually agreeable solution is found within 30 days from the date of the request to
 the Partnership Council, the Party may take the measures referred to in paragraph 1.
 3. The measures referred to in paragraph 1 shall be in full respect of international law and shall
 be proportionate. Priority shall be given to the measures which least disturb the functioning of this
 Agreement and of any supplementing agreements.
 4. The Parties consider that, for a situation to constitute a serious and substantial failure to
 fulfil any of the obligations described as essential elements in Article COMPROV.12 [Essential
 Elements], its gravity and nature would have to be of an exceptional sort that threatens peace and
 security or that has international repercussions. For greater certainty, an act or omission which
 materially defeats the object and purpose of the Paris Agreement shall always be considered as a
 serious and substantial failure for the purposes of this Article.
 Article INST.36: Safeguard measures
 1. If serious economic, societal or environmental difficulties of a sectorial or regional nature,
 including in relation to fishing activities and their dependent communities, that are liable to persist
 arise, the Party concerned may unilaterally take appropriate safeguard measures. Such safeguard
 measures shall be restricted with regard to their scope and duration to what is strictly necessary in
 order to remedy the situation. Priority shall be given to those measures which will least disturb the
 functioning of this Agreement.
 2. The Party concerned shall, without delay, notify the other Party through the Partnership
 Council and shall provide all relevant information. The Parties shall immediately enter into
 consultations in the Partnership Council with a view to finding a mutually agreeable solution.
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 ---pagebreak--- 3. The Party concerned may not take safeguard measures until one month has elapsed after
 the date of notification referred to in paragraph 2, unless the consultation procedure pursuant to
 paragraph 2 has been jointly concluded before the expiration of the stated time limit. When
 exceptional circumstances requiring immediate action exclude prior examination, the Party
 concerned may apply forthwith the safeguard measures strictly necessary to remedy the situation.
 The Party concerned shall, without delay, notify the measures taken to the Partnership Council and
 shall provide all relevant information.
 4. If a safeguard measure taken by the Party concerned creates an imbalance between the
 rights and obligations under this Agreement or under any supplementing agreement, the other Party
 may take such proportionate rebalancing measures as are strictly necessary to remedy the
 imbalance. Priority shall be given to those measures which will least disturb the functioning of this
 Agreement. Paragraphs 2 to 4 shall apply mutatis mutandis to such rebalancing measures.
 5. Either Party may, without having prior recourse to consultations pursuant to Article INST.13
 [Consultations], initiate the arbitration procedure referred to in Article INST.14 [Arbitration
 procedure] to challenge a measure taken by the other Party in application of paragraphs 1 to 5 of
 this Article.
 6. The safeguard measures referred to in paragraph 1 and the rebalancing measures referred
 to in paragraph 5 may also be taken in relation to a supplementing agreement, unless otherwise
 provided therein.
 422
 ---pagebreak--- PART SEVEN: FINAL PROVISIONS
 Article FINPROV.1: Territorial scope
 1. This Agreement applies to:
 (a) the territories to which the Treaty on European Union and the Treaty on the Functioning of
 the European Union and the Treaty establishing the European Atomic Energy Community are
 applicable, and under the conditions laid down in those Treaties; and
 (b) the territory of the United Kingdom.
 2. This Agreement also applies to the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle
 of Man to the extent set out in Heading Five [Fisheries] and Article OTH.9 [Geographical application]
 of Heading Six [Other provisions] of Part Two of this Agreement.
 3. This Agreement shall neither apply to Gibraltar nor have any effects in that territory.
 4. This Agreement does not apply to the overseas territories having special relations with the
 United Kingdom: Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British
 Virgin Islands; Cayman Islands; Falkland Islands; Montserrat; Pitcairn, Henderson, Ducie and Oeno
 Islands; Saint Helena, Ascension and Tristan da Cunha; South Georgia and the South Sandwich
 Islands; and Turks and Caicos Islands.
 Article FINPROV.2: Relationship with other agreements
 This Agreement and any supplementing agreement apply without prejudice to any earlier bilateral
 agreement between the United Kingdom of the one part and the Union and the European Atomic
 Energy Community of the other part. The Parties reaffirm their obligations to implement any such
 Agreement.
 Article FINPROV.3: Review
 The Parties shall jointly review the implementation of this Agreement and supplementing
 agreements and any matters related thereto five years after the entry into force of this Agreement
 and every five years thereafter.
 Article FINPROV.6: Classified information and sensitive non-classified information
 Nothing in this Agreement or in any supplementing agreement shall be construed as requiring a
 Party to make available classified information.
 Classified information or material provided by or exchanged between the Parties under this
 Agreement or any supplementing agreement shall be handled and protected in compliance with the
 Agreement on security procedures for exchanging and protecting classified information and any
 implementing arrangement concluded under it.
 The Parties shall agree upon handling instructions to ensure the protection of sensitive non-
 classified information exchanged between them.
 423
 ---pagebreak--- Article FINPROV.7: Integral parts of this Agreement
 1. The Protocols, Annexes, Appendices and footnotes to this Agreement shall form an integral
 part of this Agreement.
 2. Each of the Annexes to this Agreement, including its appendices, shall form an integral part
 of the Section, Chapter, Title, Heading or Protocol that refers to that Annex or to which reference is
 made in that Annex. For greater certainty:
 (a) Annex INST-X [RULES OF PROCEDURE OF THE PARTNERSHIP COUNCIL AND COMMITTEES] forms
 an integral part of Title III [Institutional provisions] of Part One;
 (b) Annexes ORIG-1 [INTRODUCTORY NOTES TO PRODUCT SPECIFIC RULES OF ORIGIN], ORIG-2
 [PRODUCT SPECIFIC RULES OF ORIGIN], ORIG-2A [ORIGIN QUOTAS AND ALTERNATIVES TO THE
 PRODUCT-SPECIFIC RULES OF ORIGIN IN ANNEX ORIG-2], ORIG-2B [TRANSITIONAL PRODUCT-
 SPECIFIC RULES FOR ELECTRIC ACCUMULATORS AND ELECTRIFIED VEHICLES], ORIG-3
 [SUPPLIER’S DECLARATION], ORIG-4 [TEXT OF THE STATEMENT OF ORIGIN], ORIG-5 [JOINT
 DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA] and ORIG-6 [JOINT DECLARATION
 CONCERNING THE REPUBLIC OF SAN MARINO] form an integral part of Chapter two [Rules of
 Origin] of Title I of Heading One of Part Two;
 (c) Annex SPS-1 [CRITERIA REFERRED TO IN ARTICLE SPS.19(d)] forms an integral part of Chapter
 Three [Sanitary and Phytosanitary Measures] of Title I of Heading One of Part Two;
 (d) Annex TBT-XX [ARRANGEMENT REFERRED TO IN ARTICLE TBT.9(4) FOR THE REGULAR EXCHANGE
 OF INFORMATION IN RELATION TO THE SAFETY OF NON-FOOD PRODUCTS AND RELATED
 PREVENTIVE, RESTRICTIVE AND CORRECTIVE MEASURES], Annex TBT-ZZ [ARRANGEMENT
 REFERRED TO IN ARTICLE TBT.9(5) FOR THE REGULATORY EXCHANGE OF INFORMATION
 REGARDING MEASURES TAKEN ON NON-COMPLAINT NON-FOOD PRODUCTS, OTHER THAN
 THOSE COVERED BY ARTICLE TBT.9(4), Annex TBT-1 [MOTOR VEHICLES AND EQUIPMENT AND
 PARTS THEREOF], Annex TBT-2 [MEDICINAL PRODUCTS], Annex TBT-3 [CHEMICALS], Annex TBT-
 4 [ORGANIC PRODUCTS] and Annex TBT-5 [TRADE IN WINE] form an integral part of Chapter
 Four [Technical Barriers to Trade] of Title I of Heading One of Part Two;
 (e) Annex CUSTMS-1 [AUTHORISED ECONOMIC OPERATORS] forms an integral part of Chapter Five
 [Customs and trade facilitation] of Title I of Heading One of Part Two;
 (f) Annexes SERVIN-1 [EXISTING MEASURES], SERVIN-2 [FUTURE MEASURES], SERVIN-3 [BUSINESS
 VISITORS FOR ESTABLISHMENT PURPOSES, INTRA-CORPORATE TRANSFEREES AND SHORT-TERM
 BUSINESS VISITORS], SERVIN-4 [CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT
 PROFESSIONALS], SERVIN-5 [MOVEMENT OF NATURAL PERSONS] and SERVIN-6 [GUIDELINES
 FOR ARRANGEMENTS ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS] form an
 integral part of Title II [Services and Investment] of Heading One of Part Two;
 (g) Annex PPROC-1 [PUBLIC PROCUREMENT] forms an integral part of Title VI [Public procurement]
 of Heading One of Part Two;
 (h) Annexes ENER-1 [LISTS OF ENERGY GOODS, HYDROCARBONS AND RAW MATERIALS], ENER-2
 [ENERGY AND ENVIRONMENTAL SUBSIDIES], ENER-3 [NON-APPLICATION OF THIRD-PARTY
 ACCESS AND OWNERSHIP UNBUNDLING TO INFRASTRUCTURE] and ENER-4 [ALLOCATION OF
 424
 ---pagebreak--- ELECTRICITY INTERCONNECTOR CAPACITY AT THE DAY-AHEAD MARKET TIMEFRAME] form an
 integral part of Title VIII [Energy] of Heading One of Part Two;
 (i) Annex ENER-2 [ENERGY AND ENVIRONMENTAL SUBSIDIES] forms an integral part of Title XI
 [LPFOFCSD] of Heading One of Part Two;
 (j) Annex AVSAF-1 [AIRWORTHINESS AND ENVIRONMENT CERTIFICATION] and any annex adopted
 in accordance with Article AVSAF.12 [Adoption and amendments of Annexes to this Title] form
 an integral part of Title Two [Aviation safety] of Heading Two of Part Two;
 (k) Annex ROAD-1 [TRANSPORT OF GOODS BY ROAD] forms an integral part of Title I [Transport of
 goods by road] of Heading Three of Part Two;
 (l) Annexes ROAD-2 [MODEL OF AUTHORISATION FOR AN INTERNATIONAL REGULAR AND SPECIAL
 REGULAR SERVICE], ROAD-3 [MODEL OF APPLICATION FOR AN AUTHORISATION FOR AN
 INTERNATIONAL REGULAR AND SPECIAL REGULAR SERVICE] and ROAD-4 [MODEL OF JOURNEY
 FORM FOR OCCASIONAL SERVICES] form an integral part of Title II [Transport of passengers by
 road] of Heading Three of Part Two;
 (m) [Annexes FISH.1, FISH.2, FISH.3 and FISH.4 [PROTOCOL ON ACCESS TO WATERS] form an integral
 part of Heading Five [Fisheries] of Part Two]];
 (n) Annex LAW-1 [EXCHANGES OF DNA, FINGERPRINTS AND VEHICLE REGISTRATION DATA] forms an
 integral part of Title II [Exchanges of DNA, fingerprints and vehicle registration data] of Part
 Three;
 (o) Annex LAW-2 [PASSENGER NAME RECORD DATA] forms an integral part of Title III [Transfer and
 processing of passenger name record data] of Part Three;
 (p) Annex LAW-3 [FORMS OF CRIME FOR WHICH EUROPOL IS COMPETENT] forms an integral part of
 Title V [Cooperation with Europol] of Part Three;
 (q) Annex LAW-4 [FORMS OF SERIOUS CRIME FOR WHICH EUROJUST IS COMPETENT] forms an
 integral part of Title VI [Cooperation with Eurojust] of Part Three;
 (r) Annex LAW-5 [ARREST WARRANT] forms an integral part of Title VII [Surrender] of Part Three;
 (s) Annex LAW-6 [EXCHANGE OF CRIMINAL RECORD INFORMATION – TECHNICAL AND
 PROCEDURAL SPECIFICATIONS] forms an integral part of Title IX [Exchange of criminal record
 information] of Part Three;
 (t) Annex LAW-7 [DEFINITION OF TERRORISM] forms an integral part of Title III [Transfer and
 processing of passenger name record data], Title VII [Surrender] and Title XI [Freezing and
 confiscation] of Part Three;
 (u) Annex LAW-8 [FREEZING AND CONFISCATION] forms an integral part of Title XI [Freezing and
 confiscation] of Part Three;
 (v) Annex UNPRO-1 [IMPLEMENTATION OF THE FINANCIAL CONDITIONS [Article UNPRO.2.1.11]]
 forms an integral part of Section 2 [Rules for financing the participation in Union programmes
 and activities] of Chapter one of Part Five [Participation in Union programmes, sound financial
 management and financial provisions];
 (w) Annex INST-X [RULES OF PROCEDURE FOR DISPUTE SETTLEMENT] and Annex INST-X [CODE OF
 CONDUCT FOR ARBITRATORS] form an integral part of Title I [Dispute Settlement] of Part Six;
 425
 ---pagebreak--- (x) the ANNEX TO THE PROTOCOL ON ADMINISTRATIVE COOPERATION AND COMBATING FRAUD IN
 THE FIELD OF VALUE ADDED TAX AND ON MUTUAL ASSISTANCE FOR THE RECOVERY OF CLAIMS
 RELATING TO TAXES AND DUTIES forms an integral part of the Protocol on administrative
 cooperation and combating fraud in the field of value added tax and on mutual assistance for
 the recovery of claims relating to taxes and duties;
 (y) Annexes SSC-1 [CERTAIN BENEFITS IN CASH TO WHICH THE PROTOCOL SHALL NOT APPLY], SSC-2
 [RESTRICTION OF RIGHTS TO BENEFITS IN KIND FOR MEMBERS OF THE FAMILY OF A FRONTIER
 WORKER], SSC-3 [MORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT STATE], SSC-
 4 [CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED OR SHALL NOT APPLY], SSC-
 5 [BENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION OF ARTICLE SSC.49
 [Overlapping of benefits of the same kind]], SSC-6 [SPECIAL PROVISIONS FOR THE APPLICATION
 OF THE LEGISLATION OF THE MEMBER STATES AND OF THE UNITED KINGDOM], SSC-7
 [IMPLEMENTING PART] and SSC-8 [TRANSITIONAL PROVISIONS REGARDING THE APPLICATION
 OF ARTICLE SSC.11 [DETACHED WORKERS]] and their Appendices form an integral part of the
 Protocol on Social Security Coordination.
 Article FINPROV.8: Termination
 Either Party may terminate this Agreement by written notification through diplomatic channels. This
 Agreement and any supplementing agreement shall cease to be in force on the first day of the
 twelfth month following the date of notification.
 Article FINPROV.9: Authentic texts
 This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch,
 English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian,
 Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages. By 30
 April 2021, all language versions of the Agreement shall be subject to a process of final legal revision.
 Notwithstanding the previous sentence, the process of final legal revision for the English version of
 the Agreement shall be finalised at the latest by the day referred to in Article FINPROV.11(1) [Entry
 into force and provisional application] if that day is earlier than 30 April 2021.
 The language versions resulting from the above process of final legal revision shall replace ab initio
 the signed versions of the Agreement and shall be established as authentic and definitive by
 exchange of diplomatic notes between the Parties.
 Article FINPROV.10: Future accessions to the Union
 1. The Union shall notify the United Kingdom of any new request for accession of a third
 country to the Union.
 2. During the negotiations between the Union and a third country regarding the accession of
 that country to the Union86, the Union shall endeavour to:
 (a) on request of the United Kingdom and, to the extent possible, provide any information regarding
 any matter covered by this Agreement and any supplementing agreement; and
 86
 For greater certainty, paragraphs 2 to 9 apply in respect of negotiations between the Union and a third
 country for accession to the Union taking place after the entry into force of this Agreement, notwithstanding
 the fact a request for accession took place before the entry into force of this Agreement.
 426
 ---pagebreak--- (b) take into account any concerns expressed by the United Kingdom.
 3. The Partnership Council shall examine any effects of accession of a third country to the
 Union on this Agreement and any supplementing agreement sufficiently in advance of the date of
 such accession.
 4. To the extent necessary, the United Kingdom and the Union shall, before the entry into force
 of the agreement on the accession of a third country to the Union:
 (a) amend this Agreement or any supplementing agreement,
 (b) put in place by decision of the Partnership Council any other necessary adjustments or
 transitional arrangements regarding this Agreement or any supplementing agreement;
 (c) decide within the Partnership Council whether:
 (i) to apply Article VSTV.1 [Visas for short visits] to the nationals of that third country; or
 (ii) to establish transitional arrangements as regards Article VSTV.1 [Visas for short visits] in
 relation to that third country and its nationals once it accedes to the Union.
 5. In the absence of a decision under point (c)(i) or (ii) of paragraph 4 by the entry into force of
 the agreement on the accession of the relevant third country to the Union, Article VSTV.1 [Visas for
 short visits] shall not apply to nationals of that third country.
 6. In the event that the Partnership Council establishes transitional arrangements as referred
 to in point (c)(ii) of paragraph 4, it shall specify their duration. The Partnership Council may extend
 the duration of those transitional arrangements.
 7. Before the expiry of the transitional arrangements referred to in point (c)(ii) of paragraph 4,
 the Partnership Council shall decide whether to apply Article VSTV.1 [Visas for short visits]to the
 nationals of that third country from the end of the transitional arrangements. In the absence of such
 a decision Article VSTV.1 [Visas for short visits] shall not apply in relation to the nationals of that
 third country from the end of the transitional arrangements.
 8. Point (c) of paragraph 4, and paragraphs 5 to 7 are without prejudice to the Union’s
 prerogatives under its domestic legislation.
 9. For greater certainty, without prejudice to point (c) of paragraph 4 and paragraphs 5 to 7,
 this Agreement shall apply in relation to a new Member State of the Union from the date of
 accession of that new Member State to the Union.
 Article FINPROV.10A: Interim provision for transmission of personal data to the United Kingdom
 1. For the duration of the specified period, transmission of personal data from the Union to the
 United Kingdom shall not be considered as transfer to a third country under Union law, provided
 that the data protection legislation of the United Kingdom on 31 December 2020, as it is saved and
 incorporated into United Kingdom law by the European Union (Withdrawal) Act 2018 and as
 427
 ---pagebreak--- modified by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit)
 Regulations 201987 (“the applicable data protection regime”), applies and provided that the United
 Kingdom does not exercise the designated powers without the agreement of the Union within the
 Partnership Council.
 2. Subject to paragraphs 3 to 11, paragraph 1 shall also apply in respect of transfers of personal
 data from Iceland, the Principality of Liechtenstein and the Kingdom of Norway to the United
 Kingdom during the specified period made under Union law as applied in those states by the
 Agreement on the European Economic Area done at Porto on 2 May 1992, for so long as paragraph 1
 applies to transfers of personal data from the Union to the United Kingdom, provided that those
 states notify both Parties in writing of their express acceptance to apply this provision.
 3. In this Article, the “designated powers” means the powers:
 (a) to make regulations pursuant to sections 17A, 17C and 74A of the UK Data Protection Act 2018;
 (b) to issue a new document specifying standard data protection clauses pursuant to section 119A
 of the UK Data Protection Act 2018;
 (c) to approve a new draft code of conduct pursuant to Article 40(5) of the UK GDPR, other than a
 code of conduct which cannot be relied on to provide appropriate safeguards for transfers of
 personal data to a third country under Article 46(2)(e) of the UK GDPR;
 (d) to approve new certification mechanisms pursuant to Article 42(5) of the UK GDPR, other than
 certification mechanisms which cannot be relied on to provide appropriate safeguards for
 transfers of personal data to a third country under Article 46(2)(f) of the UK GDPR;
 (e) to approve new binding corporate rules pursuant to Article 47 of the UK GDPR;
 (f) to authorise new contractual clauses referred to in Article 46(3)(a) of the UK GDPR; or
 (g) to authorise new administrative arrangements referred to in Article 46(3)(b) of the UK GDPR.
 4. The “specified period” begins on the date of entry into force of this Agreement and, subject
 to paragraph 5, ends:
 (a) on the date on which adequacy decisions in relation to the UK are adopted by the European
 Commission under Article 36(3) of Directive (EU) 2016/680 and under Article 45(3) of Regulation
 (EU) 2016/679, or
 (b) on the date four months after the specified period begins, which period shall be extended by
 two further months unless one of the Parties objects;
 whichever is earlier.
 5. Subject to paragraphs 6 and 7, if, during the specified period, the United Kingdom amends
 the applicable data protection regime or exercises the designated powers without the agreement of
 the Union within the Partnership Council, the specified period shall end on the date on which the
 powers are exercised or the amendment comes into force.
 6. The references to exercising the designated powers in paragraphs 1 and 5 do not include the
 exercise of such powers the effect of which is limited to alignment with the relevant Union data
 protection law.
 87
 As amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit)
 Regulations 2020.
 428
 ---pagebreak--- 7. Anything that would otherwise be an amendment to the applicable data protection regime
 which is:
 (a) made with the agreement of the Union within the Partnership Council; or
 (b) limited to alignment with the relevant Union data protection law;
 shall not be treated as an amendment to the applicable data protection regime for the purposes of
 paragraph 5 and instead should be treated as being part of the applicable data protection regime for
 the purposes of paragraph 1.
 8. For the purposes of paragraphs 1, 5 and 7, “the agreement of the Union within the
 Partnership Council” means:
 (a) a decision of the Partnership Council as described in paragraph 11; or
 (b) deemed agreement as described in paragraph 10.
 9. Where the United Kingdom notifies the Union that it proposes to exercise the designated
 powers or proposes to amend the applicable data protection regime, either party may request,
 within five working days, a meeting of the Partnership Council which must take place within two
 weeks of such request.
 10. If no such meeting is requested, the Union is deemed to have given agreement to such
 exercise or amendment during the specified period.
 11. If such a meeting is requested, at that meeting the Partnership Council shall consider the
 proposed exercise or amendment and may adopt a decision stating that it agrees to the exercise or
 amendment during the specified period.
 12. The United Kingdom shall, as far as is reasonably possible, notify the Union when, during the
 specified period, it enters into a new instrument which can be relied on to transfer personal data to
 a third country under Article 46(2)(a) of the UK GDPR or section 75(1)(a) of the UK Data Protection
 Act 2018 during the specified period. Following a notification by the United Kingdom under this
 paragraph, the Union may request a meeting of the Partnership Council to discuss the relevant
 instrument.
 13. Title I [Dispute Settlement] of Part Six does not apply in respect of disputes regarding the
 interpretation and application of this Article.
 Article FINPROV.11: Entry into force and provisional application
 1. This Agreement shall enter into force on the first day of the month following that in which
 both Parties have notified each other that they have completed their respective internal
 requirements and procedures for establishing their consent to be bound.
 2. The Parties agree to provisionally apply this Agreement from 1 January 2021 provided that
 prior to that date they have notified each other that their respective internal requirements and
 procedures necessary for provisional application have been completed. Provisional application shall
 cease on one of the following dates, whichever is the earliest:
 429
 ---pagebreak--- (a) 28 February 2021 or another date as decided by the Partnership Council; or
 (b) the day referred to in paragraph 1.
 3. As from the date from which this Agreement is provisionally applied, the Parties shall
 understand references in this Agreement to “the date of entry into force of this Agreement” or to
 “the entry into force of this Agreement” as references to the date from which this Agreement is
 provisionally applied.
 430
 ---pagebreak--- Съставено в Брюксел и Лондон на тридесети декември две хиляди и двадесета година.
 Hecho en Bruselas y Londres, el treinta de diciembre de dos mil veinte.
 V Bruselu a v Londýně dne třicátého prosince dva tisíce dvacet.
 Udfærdiget i Bruxelles og London, den tredivte december to tusind og tyve.
 Geschehen zu Brüssel und London am dreißigsten Dezember zweitausendzwanzig.
 Kahe tuhande kahekümnenda aasta detsembrikuu kolmekümnendal päeval Brüsselis ja Londonis.
 Έγινε στις Βρυξέλλες και στο Λονδίνο, στις τριάντα Δεκεμβρίου δύο χιλιάδες είκοσι.
 Done at Brussels and London on the thirtieth day of December in the year two thousand and twenty.
 Fait à Bruxelles et à Londres, le trente décembre deux mille vingt.
 Arna dhéanamh sa Bhruiséil agus i Londain, an tríochadú lá de mhí na Nollag an bhliain dhá mhíle fiche.
 Sastavljeno u Bruxellesu i Londonu tridesetog prosinca godine dvije tisuće dvadesete.
 Fatto a Bruxelles e Londra, addì trenta dicembre duemilaventi.
 Briselē un Londonā, divi tūkstoši divdesmitā gada trīsdesmitajā decembrī.
 Priimta du tūkstančiai dvidešimtų metų gruodžio trisdešimtą dieną Briuselyje ir Londone.
 Kelt Brüsszelben és Londonban, a kétezer-huszadik év december havának harmincadik napján.
 Magħmul fi Brussell u Londra, fit-tletin jum ta’ Diċembru fis-sena elfejn u għoxrin.
 Gedaan te Brussel en Londen, dertig december tweeduizend twintig.
 Sporządzono w Brukseli i Londynie dnia trzydziestego grudnia roku dwa tysiące dwudziestego.
 Feito em Bruxelas e em Londres, em trinta de dezembro de dois mil e vinte.
 Întocmit la Bruxelles și la Londra la treizeci decembrie două mii douăzeci.
 V Bruseli a Londýne tridsiateho decembra dvetisícdvadsať.
 V Bruslju in Londonu, tridesetega decembra dva tisoč dvajset.
 Tehty Brysselissä ja Lontoossa kolmantenakymmenentenä päivänä joulukuuta vuonna kaksituhattakaksikymmentä.
 Som skedde i Bryssel och i London den trettionde december år tjugohundratjugo.
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 ---pagebreak--- ANNEXES
 ANNEX INST: RULES OF PROCEDURE OF THE PARTNERSHIP COUNCIL AND COMMITTEES
 Rule 1
 Chair
 1. The Union and the United Kingdom shall notify each other of the name, position and contact
 details of their respective designated co-chairs. A co-chair is deemed to have the authorisation for
 representing, respectively, the Union or the United Kingdom until the date a new co-chair has been
 notified to the other Party.
 2. The decisions of the co-chairs provided for by these Rules of Procedure shall be taken by
 mutual consent.
 3. A co-chair may be replaced for a particular meeting by a designee. The co-chair, or his or her
 designee, shall notify the other co-chair and the Secretariat of the Partnership Council of the
 designation as early as possible. Any reference in these Rules of Procedure to the co-chairs shall be
 understood to include a designee.
 Rule 2
 Secretariat
 The Secretariat of the Partnership Council (the "Secretariat") shall be composed of an official of the
 Union and an official of the Government of the United Kingdom. The Secretariat shall perform the
 tasks conferred on it by these Rules of Procedure.
 The Union and the United Kingdom shall notify each other of the name, position and contact details
 of the official who is the member of the Secretariat of the Partnership Council for the Union and the
 United Kingdom respectively. This official is deemed to continue acting as member of the Secretariat
 for the Union or for the United Kingdom until the date either the Union or the United Kingdom has
 notified a new member.
 Rule 3
 Meetings
 1. Each meeting of the Partnership Council shall be convened by the Secretariat at a date and
 time agreed by the co-chairs. Where the Union or the United Kingdom has transmitted a request for
 a meeting through the Secretariat, the Partnership Council shall endeavour to meet within 30 days
 of such request, or sooner in cases provided for in this Agreement.
 2. The Partnership Council shall hold its meetings alternately in Brussels and London, unless
 the co-chairs decide otherwise.
 3. By way of derogation from paragraph 2, the co-chairs may agree that a meeting of the
 Partnership Council be held by videoconference or teleconference.
 435
 ---pagebreak--- Rule 4
 Participation in meetings
 1. A reasonable period of time in advance of each meeting, the Union and the United Kingdom
 shall inform each other through the Secretariat of the intended composition of their respective
 delegations and shall specify the name and function of each member of the delegation.
 2. Where appropriate the co-chairs may, by mutual consent, invite experts (i.e. non-
 government officials) to attend meetings of the Partnership Council in order to provide information
 on a specific subject and only for the parts of the meeting where such specific subjects are
 discussed.
 Rule 5
 Documents
 Written documents on which the deliberations of the Partnership Council are based shall be
 numbered and circulated to the Union and the United Kingdom by the Secretariat.
 Rule 6
 Correspondence
 1. The Union and the United Kingdom shall send their correspondence addressed to the
 Partnership Council via the Secretariat. Such correspondence may be sent in any form of written
 communication, including by electronic mail.
 2. The Secretariat shall ensure that correspondence addressed to the Partnership Council is
 delivered to the co-chairs and is circulated, where appropriate, in accordance with Rule 5.
 3. All correspondence from, or addressed directly to, the co-chairs shall be forwarded to the
 Secretariat and shall be circulated, where appropriate, in accordance with Rule 5.
 Rule 7
 Agenda for the meetings
 1. For each meeting, a draft provisional agenda shall be drawn up by the Secretariat. It shall be
 transmitted, together with the relevant documents, to the co-chairs no later than 10 days before the
 date of the meeting.
 2. The provisional agenda shall include items requested by the Union or the United Kingdom.
 Any such request, together with any relevant document, shall be submitted to the Secretariat no
 later than 15 days before the beginning of the meeting.
 3. No later than 5 days before the date of the meeting, the co-chairs shall decide on the
 provisional agenda for a meeting.
 436
 ---pagebreak--- 4. The agenda shall be adopted by the Partnership Council at the beginning of each meeting.
 On request by the Union or the United Kingdom, an item other than those included in the
 provisional agenda may be included in the agenda by consensus.
 5. The co-chairs may, by mutual consent, reduce or increase the time periods specified in
 paragraphs 1 to 3 in order to take account of the requirements of a particular case.
 Rule 8
 Minutes
 1. Draft minutes of each meeting shall be drawn up by the official acting as member of the
 Secretariat of the Party hosting the meeting, within 15 days from the end of the meeting, unless
 otherwise decided by the co-chairs. The draft minutes shall be transmitted for comments to the
 member of the Secretariat of the other Party. The latter may submit comments within 7 days from
 the date of receipt of the draft minutes.
 2. The minutes shall, as a rule, summarise each item on the agenda, specifying where
 applicable:
 (a) the documents submitted to the Partnership Council;
 (b) any statement that one of the co-chairs requested to be entered in the minutes; and
 (c) the decisions taken, recommendations made, statements agreed upon and conclusions adopted
 on specific items.
 3. The minutes shall include as an annex a list of participants setting out for each of the
 delegations the names and functions of all individuals who attended the meeting.
 4. The Secretariat shall adjust the draft minutes on the basis of comments received and the
 draft minutes, as revised, shall be approved by the co-chairs within 28 days of the date of the
 meeting, or by any other date agreed by the co-chairs. Once approved, two versions of the minutes
 shall be authenticated by signature of the members of the Secretariat. The Union and the United
 Kingdom shall each receive one of these authentic versions. The co-chairs may agree that signing
 and exchanging electronic copies satisfies this requirement.
 Rule 9
 Decisions and Recommendations
 1. In the period between meetings, the Partnership Council may adopt decisions or
 recommendations by written procedure. The text of a draft decision or recommendation shall be
 presented in writing by a co-chair to the other co-chair in the working language of the Partnership
 Council. The other Party shall have one month, or any longer period of time specified by the
 proposing Party, to express its agreement to the draft decision or recommendation. If the other
 Party does not express its agreement, the proposed decision or recommendation shall be discussed
 and may be adopted at the next meeting of the Partnership Council. The draft decisions or
 recommendations shall be deemed to be adopted once the other Party expresses its agreement and
 shall be recorded in the minutes of the next meeting of the Partnership Council pursuant to Rule 8.
 2. Where the Partnership Council adopts decisions or recommendations, the words "Decision"
 or "Recommendation", respectively, shall be inserted in the title of such acts. The Secretariat shall
 437
 ---pagebreak--- record any decision or recommendation under a serial number and with a reference to the date of
 its adoption.
 3. Decisions adopted by the Partnership Council shall specify the date on which they take
 effect.
 4. Decisions and recommendations adopted by the Partnership Council shall be established in
 duplicate in the authentic languages and signed by the co-chairs and shall be sent by the Secretariat
 to the Union and the United Kingdom immediately after signature. The co-chairs may agree that
 signing and exchanging electronic copies satisfies the requirement for signature.
 Rule 10
 Transparency
 1. The co-chairs may agree that the Partnership Council shall meet in public.
 2. Each Party may decide on the publication of the decisions and recommendations of the
 Partnership Council in its respective official journal or online.
 3. If the Union or the United Kingdom submits information that is confidential or protected
 from disclosure under its laws and regulations to the Partnership Council, the other party shall treat
 that information received as confidential.
 4. Provisional agendas of the meetings shall be made public before the meeting of the
 Partnership Council takes place. The minutes of the meetings shall be made public following their
 approval in accordance with Rule 8.
 5. Publication of documents referred to in paragraphs 2 to 4 shall be made in compliance with
 both Parties’ applicable data protection rules.
 Rule 11
 Languages
 1. The official languages of the Partnership Council shall be the official languages of the Union
 and the United Kingdom.
 2. The working language of the Partnership Council shall be English. Unless otherwise decided
 by the co-chairs, the Partnership Council shall base its deliberations on documents prepared in
 English.
 3. The Partnership Council shall adopt decisions concerning the amendment or interpretation
 of the Agreement in the languages of the authentic texts of the Agreement. All other decisions of the
 Partnership Council, including the ones through which the present rules of procedure are amended,
 shall be adopted in the working language referred to in paragraph 2.
 Rule 12
 Expenses
 1. The Union and the United Kingdom shall each meet any expenses they incur as a result of
 participating in the meetings of the Partnership Council.
 438
 ---pagebreak--- 2. Expenditure in connection with the organisation of meetings and reproduction of
 documents shall be borne by the party hosting the meeting.
 3. Expenditure in connection with interpretation to and from the working language of the
 Partnership Council at meetings shall be borne by the party requesting such interpretation.
 3. Each Party shall be responsible for the translation of decisions and other documents into its
 own official language(s), if required pursuant to Rule 11, and it shall meet expenditures associated
 with such translations.
 Rule 13
 Committees
 1. Without prejudice to paragraph 2 of this Rule, Rules 1 to 12 shall apply mutatis mutandis to
 the Committees.
 2. The Committees shall inform the Partnership Council of their meeting schedules and agenda
 sufficiently in advance of their meetings, and shall report to the Partnership Council on the results
 and conclusions of each of their meetings.
 439
 ---pagebreak--- ANNEX ORIG-1: INTRODUCTORY NOTES TO PRODUCT-SPECIFIC RULES OF ORIGIN
 Note 1
 General Principles
 1. This Annex sets out the general rules for the applicable requirements of Annex ORIG-2
 [Product-specific rules of origin] as provided for in point (c) of Article ORIG 3(1) [General
 requirements] of this Agreement.
 2. For the purposes of this Annex and Annex ORIG-2 [Product-specific rules of origin], the
 requirements for a product to be originating in accordance with point (c) of Article ORIG.3(1)
 [General Requirements] of this Agreement are a change in tariff classification, a production process,
 a maximum value or weight of non-originating materials, or any other requirement specified in this
 Annex and Annex ORIG-2 [Product-specific rules of origin].
 3. Reference to weight in a product-specific rule of origin means the net weight, which is the
 weight of a material or a product, not including the weight of any packaging.
 4. This Annex and Annex ORIG-2 [Product-specific rules of origin] are based on the Harmonised
 System, as amended on 1 January 2017.
 Note 2
 The Structure of the List of Product-specific Rules of Origin
 1. Notes on sections or chapters, where applicable, are read in conjunction with the product-
 specific rules of origin for the relevant section, chapter, heading or subheading.
 2. Each product-specific rule of origin set out in Column 2 of Annex ORIG-2 [Product-specific
 rules of origin] applies to the corresponding product indicated in Column 1 of Annex ORIG-2
 [Product-specific rules of origin].
 3. If a product is subject to alternative product-specific rules of origin, the product shall be
 originating in a Party if it satisfies one of the alternatives.
 4. If a product is subject to a product-specific rule of origin that includes multiple
 requirements, the product shall be originating in a Party only if it satisfies all of the requirements.
 5. For the purposes of this Annex and Annex ORIG-2 [Product-specific rules of origin], the
 following definitions apply:
 (a) ‘section’ means a section of the Harmonised System;
 (b) ‘Chapter’ means the first two-digits in the tariff classification number under the Harmonised
 System;
 (c) ‘heading’ means the first four-digits in the tariff classification number under the Harmonised
 System; and
 (d) ‘subheading’ means the first six-digits in the tariff classification number under the Harmonised
 System.
 440
 ---pagebreak--- 2. For the purposes of the product-specific rules of origin, the following abbreviations apply:
 ‘CC’ means production from non-originating materials of any Chapter, except that of the product;
 this means that any non-originating material used in the production of the product must be
 classified in a Chapter (2-digit level of the Harmonised System) other than that of the product (i.e. a
 change in Chapter);
 ‘CTH’ means production from non-originating materials of any heading, except that of the product;
 this means that any non-originating material used in the production of the product must be
 classified in a heading (4-digit level of the Harmonised System) other than that of the product (i.e. a
 change in heading);
 ‘CTSH’ means production from non-originating materials of any subheading, except that of the
 product; this means that any non-originating material used in the production of the product must be
 classified in a subheading (6-digit level of the Harmonised System) other than that of the product
 (i.e. a change in sub-heading).
 Note 3
 Application of the Product-specific Rules of Origin
 1. Article ORIG.3(2) [General requirements] of this Agreement, concerning products having
 acquired originating status which are used in the production of other products, applies whether or
 not this status has been acquired inside the same factory in a Party where these products are used.
 2. If a product-specific rule of origin specifically excludes certain non-originating material or
 provides that the value or weight of a specified non-originating material shall not exceed a specific
 threshold, these conditions do not apply to non-originating materials classified elsewhere in the
 Harmonised System.
 3. Example 1: when the rule for bulldozers (HS sub-heading 8429.11) requires: “CTH except
 from non-originating materials of heading 84.31 parts suitable solely for machinery of heading 84.25
 to 84.30”, the use of non-originating materials classified elsewhere than 84.29 and 84.31- such as
 screws (HS heading 73.18), insulated wires and electric conductors (HS heading 85.44) and various
 electronics (HS Chapter 85) - is not limited.
 Example 2: When the rule for heading 35.05 (dextrins and other modified starches; glues based on
 starches etc) requires ‘CTH except from non-originating heading 11.08’ then the use of non-
 originating materials classified elsewhere than 11.08 (starches, inulin), such as materials of Chapter
 10 (cereals), is not limited.
 4. If a product-specific rule of origin provides that a product shall be produced from a particular
 material, this does not prevent the use of other materials which are unable to satisfy that rule
 because of their inherent nature.
 Note 4
 Calculation of a maximum value of non-originating materials
 For the purposes of the product-specific rules of origin, the following definitions apply:
 441
 ---pagebreak--- (a) "customs value" means the value as determined in accordance with the Agreement on
 Implementation of Article VII of GATT 1994;
 (b) "EXW" or "ex-works price" means:
 (i) the price of the product paid or payable to the producer in whose undertaking the last
 working or processing is carried out, provided that the price includes the value of all
 the materials used and all other costs incurred in the production of the product, minus
 any internal taxes which are, or may be, repaid when the product obtained is
 exported; or
 (ii) if there is no price paid or payable or if the actual price paid does not reflect all costs
 related to the production of the product which are actually incurred in the production
 of the product, the value of all the materials used and all other costs incurred in the
 production of the product in the exporting Party:
 (A) including selling, general and administrative expenses, as well as profit, that
 can reasonably be allocated to the product; and
 (B) excluding the cost of freight, insurance, all other costs incurred in
 transporting the product and any internal taxes of the exporting Party which
 are, or may be, repaid when the product obtained is exported.
 (iii) For the purposes of point (i), where the last production has been contracted to a
 producer, the term ‘producer’ in point (i) refers to the person who has employed the
 subcontractor.
 (c) "MaxNOM" means the maximum value of non-originating materials expressed as a percentage
 and shall be calculated according to the following formula:
 VNM
 MaxNOM (%) = × 100
 EXW
 (d) "VNM" means the value of the non-originating materials used in the production of the
 product, which is its customs value at the time of importation, including freight, insurance if
 appropriate, packing and all other costs incurred in transporting the materials to the
 importation port in the Party where the producer of the product is located; where the value of
 the non-originating materials is not known and cannot be ascertained, the first ascertainable
 price paid for the non-originating materials in the Union or in the United Kingdom is used; the
 value of the non-originating materials used in the production of the product may be calculated
 on the basis of the weighted average value formula or other inventory valuation method
 under accounting principles which are generally accepted in the Party.
 Note 5
 Definitions of processes referred to in Sections V to VII in Annex ORIG-2 [Product-specific rules of
 origin]
 442
 ---pagebreak--- For the purposes of product-specific rules of origin, the following definitions apply:
 (a) ‘biotechnological processing’ means:
 (i) biological or biotechnological culturing (including cell culture), hybridisation or genetic
 modification of micro- organisms (bacteria, viruses (including phages) etc.) or human,
 animal or plant cells; and
 (ii) production, isolation or purification of cellular or intercellular structures (such as
 isolated genes, gene fragments and plasmids), or fermentation;
 (b) ‘change in particle size’ means the deliberate and controlled modification in particle size of a
 product, other than by merely crushing or pressing, resulting in a product with a defined
 particle size, defined particle size distribution or defined surface area, which is relevant to
 the purposes of the resulting product and with physical or chemical characteristics different
 from those of the input materials;
 (c) ‘chemical reaction’ means a process (including a biochemical processing) which results in a
 molecule with a new structure by breaking intramolecular bonds and by forming new
 intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule, with the
 exception of the following, which are not considered to be chemical reactions for the purpose
 of this definition:
 (i) dissolving in water or other solvents;
 (ii) the elimination of solvents including solvent water; or
 (iii) the addition or elimination of water of crystallisation;
 (d) ‘distillation’ means:
 (i) atmospheric distillation: a separation process in which petroleum oils are converted,
 in a distillation tower, into fractions according to boiling point and the vapour then
 condensed into different liquefied fractions; products produced from petroleum
 distillation may include liquefied petroleum gas, naphtha, gasoline, kerosene, diesel or
 heating oil, light gas oils and lubricating oil; and
 (ii) vacuum distillation: distillation at a pressure below atmospheric but not so low that it
 would be classed as molecular distillation; vacuum distillation is used for distilling
 high-boiling and heat-sensitive materials such as heavy distillates in petroleum oils to
 produce light to heavy vacuum gas oils and residuum;
 (e) ‘isomer separation’ means the isolation or separation of isomers from a mixture of isomers;
 (f) ‘mixing and blending’ means the deliberate and proportionally controlled mixing or blending
 (including dispersing) of materials, other than the addition of diluents, only to conform to
 predetermined specifications which results in the production of a product having physical or
 chemical characteristics that are relevant to the purposes or uses of the product and are
 different from the input materials;
 443
 ---pagebreak--- (g) ‘production of standard materials’ (including standard solutions) means a production of a
 preparation suitable for analytical, calibrating or referencing uses with precise degrees of
 purity or proportions certified by the producer; and
 (h) ‘purification’ means a process which results in the elimination of at least 80 % of the content
 of existing impurities or the reduction or elimination of impurities resulting in a good suitable
 for one or more of the following applications:
 (i) pharmaceutical, medical, cosmetic, veterinary or food grade substances;
 (ii) chemical products and reagents for analytical, diagnostic or laboratory uses;
 (iii) elements and components for use in micro-electronics;
 (iv) specialised optical uses;
 (v) biotechnical use, for example, in cell culturing, in genetic technology or as a catalyst;
 (vi) carriers used in a separation process; or
 (vii) nuclear grade uses.
 Note 6
 Definitions of terms used in Section XI of Annex ORIG-2 [Product-
 specific rules of origin]
 For the purposes of the product-specific rules of origin, the following definitions apply:
 (a) ‘man-made staple fibres’ means synthetic or artificial filament tow, staple fibres or waste, of
 headings 55.01 to 55.07;
 (b) ‘natural fibres’ means fibres other than synthetic or artificial fibres, the use of which is
 restricted to the stages before spinning takes place, including waste, and, unless otherwise
 specified, includes fibres which have been carded, combed or otherwise processed, but not
 spun; ‘natural fibres’ includes horsehair of heading 05.11, silk of headings 50.02 and 50.03,
 wool-fibres and fine or coarse animal hair of headings 51.01 to 51.05, cotton fibres of
 headings 52.01 to 52.03, and other vegetable fibres of headings 53.01 to 53.05;
 (c) ‘printing’ means a technique by which an objectively assessed function, such as colour, design,
 or technical performance, is given to a textile substrate with a permanent character, using
 screen, roller, digital or transfer techniques; and
 (d) ‘printing (as standalone operation)’ means a technique by which an objectively assessed
 function, such as colour, design, or technical performance, is given to a textile substrate with a
 permanent character, using screen, roller, digital or transfer techniques combined with at
 least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat
 setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising,
 impregnating, mending and burling, shearing, singeing, process of air-tumbler, process of
 stenter, milling, steam and shrinking, and wet decatising), provided that the value of all the
 non-originating materials used does not exceed 50 % of the EXW of the product.
 444
 ---pagebreak--- Note 7
 Tolerances applicable to products containing two or more basic
 textile materials
 1. For the purposes of this Note, basic textile materials are the following:
 (a) silk;
 (b) wool;
 (c) coarse animal hair;
 (d) fine animal hair;
 (e) horsehair;
 (f) cotton;
 (g) paper-making materials and paper;
 (h) flax;
 (i) true hemp;
 (j) jute and other textile bast fibres;
 (k) sisal and other textile fibres of the genus Agave;
 (l) coconut, abaca, ramie and other vegetable textile fibres;
 (m) synthetic man-made filaments;
 (n) artificial man-made filaments;
 (o) current-conducting filaments; uth
 (p) synthetic man-made staple fibres of polypropylene;
 (q) synthetic man-made staple fibres of polyester;
 (r) synthetic man-made staple fibres of polyamide;
 (s) synthetic man-made staple fibres of polyacrylonitrile;
 (t) synthetic man-made staple fibres of polyimide;
 (u) synthetic man-made staple fibres of polytetrafluoroethylene;
 (v) synthetic man-made staple fibres of poly (phenylene sulphide);
 (w) synthetic man-made staple fibres of poly (vinyl chloride);
 445
 ---pagebreak--- (x) other synthetic man-made staple fibres;
 (y) artificial man-made staple fibres of viscose;
 (z) other artificial man-made staple fibres;
 (aa) yarn made of polyurethane segmented with flexible segments of polyether, whether or not
 gimped;
 (bb) yarn made of polyurethane segmented with flexible segments of polyester whether or not
 gimped;
 (cc) products of heading 56.05 (metallised yarn) incorporating strip consisting of a core of
 aluminium foil or of a core of plastic film irrespective of whether or not coated with
 aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or
 coloured adhesive between two layers of plastic film;
 (dd) other products of heading 56.05;
 (ee) glass fibres; and
 (ff) metal fibres.
 2. Where reference to this Note is made in Annex ORIG-2 [Product-specific rules of origin], the
 requirements set out in its Column 2 shall not apply, as a tolerance, to non-originating basic textile
 materials which are used in the production of a product, provided that:
 (a) the product contains two or more basic textile materials; and
 (b) the weight of the non-originating basic textile materials, taken together, does not exceed 10 %
 of the total weight of all the basic textile materials used.
 Example: For a woollen fabric of heading 51.12 containing woollen yarn of heading 51.07,
 synthetic yarn of staple fibres of heading 55.09 and materials other than basic textile
 materials, non-originating woollen yarn which does not satisfy the requirement set
 out in Annex ORIG-2 [Product-specific rules of origin], or non-originating synthetic
 yarn which does not satisfy the requirement set out in Annex ORIG-2 [Product-specific
 rules of origin], or a combination of both, may be used, provided that their total
 weight does not exceed 10 % of the weight of all the basic textile materials.
 3. Notwithstanding Note 7.2 (b), for products containing ‘yarn made of polyurethane
 segmented with flexible segments of polyether, whether or not gimped’, the maximum tolerance is
 20 %. However, the percentage of the other non-originating basic textile materials shall not exceed
 10 %.
 4. Notwithstanding Note 7.2 (b), for products containing ‘strip consisting of a core of
 aluminium foil or of a core of plastic film irrespective of whether or not coated with aluminium
 powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured
 adhesive between two layers of plastic film, the maximum tolerance is 30 %. However, the
 percentage of the other non-originating basic textile materials shall not exceed 10 %.
 Note 8
 446
 ---pagebreak--- Other tolerances applicable to certain textile products
 1. Where reference to this Note is made in Annex ORIG-2 [Product-specific rules of Origin],
 non-originating textile materials (with the exception of linings and interlinings) which do not satisfy
 the requirements set out in its Column 2 for a made-up textile product may be used, provided that
 they are classified in a heading other than that of the product and that their value does not exceed 8
 % of the EXW of the product.
 2. Non-originating materials which are not classified in Chapters 50 to 63 may be used without
 restriction in the production of textile products classified in Chapters 50 to 63, whether or not they
 contain textiles.
 Example: If a requirement set out in Annex ORIG-2 [Product-specific rules of origin] provides
 that yarn shall be used, for a certain textile item (such as trousers), this does not
 prevent the use of non-originating metal items (such as buttons), because metal items
 are not classified in Chapters 50 to 63. For the same reasons, it does not prevent the
 use of non-originating slide fasteners, even though slide-fasteners normally contain
 textiles.
 3. Where a requirement set out in Annex ORIG-2 [Product-specific rules of origin] consists in a
 maximum value of non-originating materials, the value of the non-originating materials which are
 not classified in Chapters 50 to 63 shall be taken into account in the calculation of the value of the
 non-originating materials.
 Note 9
 Agricultural Products
 Agricultural products classified under Section II of the Harmonised System and heading 24.01, which
 are grown or harvested in the territory of a Party, shall be treated as originating in the territory of
 that Party, even if grown from seeds, bulbs, rootstock, cuttings, slips, grafts, shoots, buds, or other
 live parts of plants imported from a third country.
 447
 ---pagebreak--- ANNEX ORIG-2: PRODUCT SPECIFIC RULES OF ORIGIN
 Column 1 Column 2
 Harmonised Product-specific rule of origin
 System
 classification
 (2017) including
 specific description
 SECTION I LIVE ANIMALS; ANIMAL PRODUCTS
 Chapter 1 Live animals
 01.01-01.06 All animals of Chapter 1 are wholly obtained.
 Chapter 2 Meat and edible meat offal
 02.01-02.10 Production in which all the materials of Chapters 1 and 2 used are wholly
 obtained.
 Chapter 3 Fish and crustaceans, molluscs and other aquatic invertebrates
 03.01-03.08 Production in which all the materials of Chapter 3 used are wholly obtained.
 Chapter 4 Dairy produce; birds' eggs; natural honey; edible products of animal origin, not
 elsewhere specified or included
 04.01-04.10 Production in which:
 - all the materials of Chapter 4 used are wholly obtained; and
 - the total weight of non-originating materials of headings 17.01 and 17.02 does
 not exceed 20 % of the weight of the product.
 Chapter 5 Products of animal origin, not elsewhere specified or included
 05.01-05.11 Production from non-originating materials of any heading.
 SECTION II VEGETABLE PRODUCTS
 Chapter 6 Live trees and other plants; bulbs, roots and the like; cut flowers and
 ornamental foliage
 06.01-06.04 Production in which all the materials of Chapter 6 used are wholly obtained.
 Chapter 7 Edible vegetables and certain roots and tubers
 07.01-07.14 Production in which all the materials of Chapter 7 used are wholly obtained.
 Chapter 8 Edible fruit and nuts; peel of citrus fruit or melons
 448
 ---pagebreak--- 08.01-08.14 Production in which:
 - all the materials of Chapter 8 used are wholly obtained; and
 - the total weight of non-originating materials of headings 17.01 and 17.02 does
 not exceed 20 % of the weight of the product.
 Chapter 9 Coffee, tea, maté and spices
 09.01-09.10 Production from non-originating materials of any heading.
 Chapter 10 Cereals
 10.01-10.08 Production in which all the materials of Chapter 10 used are wholly obtained.
 Chapter 11 Products of the milling industry; malt; starches; inulin; wheat gluten
 11.01-11.09 Production in which all materials of Chapters 10 and 11, headings 07.01, 07.14,
 23.02 to 23.03 or subheading 0710.10 used are wholly obtained.
 Chapter 12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial
 or medicinal plants; straw and fodder
 12.01-12.14 CTH
 Chapter 13 Lac; gums, resins and other vegetable saps and extracts
 13.01-13.02 Production from non-originating materials of any heading in which the total
 weight of non-originating materials of headings 17.01 and 17.02 does not exceed
 20 % of the weight of the product.
 Chapter 14 Vegetable plaiting materials; vegetable products not elsewhere specified or
 included
 14.01-14.04 Production from non-originating materials of any heading.
 SECTION III ANIMAL OR VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PRODUCTS;
 PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES
 Chapter 15 Animal or vegetable fats and oils and their cleavage products; prepared edible
 fats; animal or vegetable waxes
 15.01-15.04 CTH
 15.05-15.06 Production from non-originating materials of any heading.
 15.07-15.08 CTSH
 15.09-15.10 Production in which all the vegetable materials used are wholly obtained.
 15.11-15.15 CTSH
 449
 ---pagebreak--- 15.16-15.17 CTH
 15.18-15.19 CTSH
 15.20 Production from non-originating materials of any heading.
 15.21-15.22 CTSH
 SECTION IV PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR; TOBACCO AND
 MANUFACTURED TOBACCO SUBSTITUTES
 Chapter 16 Preparations of meat, of fish or of crustaceans, molluscs or other aquatic
 invertebrates
 1601.00-1604.18 Production in which all the materials of Chapters 1, 2, 3 and 16 used are wholly
 obtained88.
 1604.19 CC
 1604.20
 - Preparations of CC
 surimi:
 - Others: Production in which all the materials of Chapters 3 and 16 used are wholly
 obtained89.
 1604.31-1605.69 Production in which all the materials of Chapters 3 and 16 used are wholly
 obtained.
 Chapter 17 Sugars and sugar confectionery
 17.01 CTH
 17.02 CTH, provided that the total weight of non-originating materials of headings
 11.01 to 11.08, 17.01 and 17.03 used does not exceed 20 % of the weight of the
 product.
 17.03 CTH
 88 Prepared or preserved tunas, skipjack and bonito (Sarda spp.), whole or in pieces (excl. minced) classified in
 subheading 1604.14 may qualify as originating under alternative product-specific rules of origin within annual
 quotas as specified in Annex ORIG-2A [Origin quotas and alternatives to the product-specific rules of origin in
 Annex ORIG-2].
 89 Prepared or preserved tunas, skipjack or other fish of genus Euthynnus (excl. whole or in pieces) classified
 in subheading 1604.20 may qualify as originating under alternative product-specific rules of origin within
 annual quotas as specified in Annex ORIG-2A [Origin quotas and alternatives to the product-specific rules of
 origin in Annex ORIG-2].
 450
 ---pagebreak--- 17.04
 - White chocolate: CTH, provided that:
 (a) all the materials of Chapter 4 used are wholly obtained; and
 (b) (i) the total weight of non-originating materials of headings 17.01 and 17.02
 used does not exceed 40 % of the weight of the product; or
 (ii) the value of non-originating materials of headings 17.01 and 17.02 used does
 not exceed 30 % of the ex-works price of the product.
 - Others: CTH, provided that:
 - all the materials of Chapter 4 used are wholly obtained; and
 - the total weight of non-originating materials of headings 17.01 and 17.02 used
 does not exceed 40 % of the weight of the product.
 Chapter 18 Cocoa and cocoa preparations
 18.01-18.05 CTH
 1806.10 CTH, provided that:
 - all the materials of Chapter 4 used are wholly obtained; and
 - the total weight of non-originating materials of headings 17.01 and 17.02 used
 does not exceed 40 % of the weight of the product.
 1806.20-1806.90 CTH, provided that:
 (a) all the materials of Chapter 4 used are wholly obtained; and
 (b) (i) the total weight of non-originating materials of headings 17.01 and 17.02
 used does not exceed 40 % of the weight of the product; or
 (ii) the value of non-originating materials of headings 17.01 and 17.02 used does
 not exceed 30 % of the ex-works price of the product.
 Chapter 19 Preparations of cereals, flour, starch or milk; pastrycooks' products
 19.01-19.05 CTH, provided that:
 - all the materials of Chapter 4 used are wholly obtained;
 - the total weight of non-originating materials of Chapters 2, 3 and 16 used does
 not exceed 20 % of the weight of the product;
 - the total weight of non-originating materials of headings 10.06 and 11.08 used
 451
 ---pagebreak--- does not exceed 20 % of the weight of the product; and
 - the total weight of non-originating materials of headings 17.01 and 17.02 used
 does not exceed 40 % of the weight of the product.
 Chapter 20 Preparations of vegetables, fruit, nuts or other parts of plants
 20.01 CTH
 20.02-20.03 Production in which all the materials of Chapter 7 used are wholly obtained.
 20.04-20.09 CTH, provided that the total weight of non-originating materials of headings
 17.01 and 17.02 used does not exceed 40 % of the weight of the product.
 Chapter 21 Miscellaneous edible preparations
 21.01-21.02 CTH, provided that:
 - all the materials of Chapter 4 used are wholly obtained; and
 - the total weight of non-originating materials of headings 17.01 and 17.02 used
 does not exceed 20 % of the weight of the product.
 2103.10 CTH; however, non-originating mustard flour or meal or prepared mustard may
 be used.
 2103.20
 2103.90
 2103.30 Production from non-originating materials of any heading.
 21.04-21.06 CTH, provided that:
 - all the materials of Chapter 4 used are wholly obtained; and
 - the total weight of non-originating materials of headings 17.01 and 17.02 used
 does not exceed 20 % of the weight of the product.
 Chapter 22 Beverages, spirits and vinegar
 22.01-22.06 CTH except from non-originating materials of headings 22.07 and 22.08, provided
 that:
 - all the materials of subheadings 0806.10, 2009.61, 2009.69 used are wholly
 obtained;
 - all the materials of Chapter 4 used are wholly obtained; and
 - the total weight of non-originating materials of headings 17.01 and 17.02 used
 does not exceed 20 % of the weight of the product.
 22.07 CTH except from non-originating materials of heading 22.08, provided that all the
 452
 ---pagebreak--- materials of Chapter 10, subheadings 0806.10, 2009.61 and 2009.69 used are
 wholly obtained.
 22.08-22.09 CTH except from non-originating materials of headings 22.07 and 22.08, provided
 that all the materials of subheadings 0806.10, 2009.61 and 2009.69 used are
 wholly obtained.
 Chapter 23 Residues and waste from the food industries; prepared animal fodder
 23.01 CTH
 2302.10-2303.10 CTH, provided that the total weight of non-originating materials of Chapter 10
 used does not exceed 20 % of the weight of the product.
 2303.20-2308.00 CTH
 23.09 CTH, provided that:
 - all the materials of Chapters 2 and 4 used are wholly obtained;
 - the total weight of non-originating materials of headings 10.01 to 10.04, 10.07
 to 10.08, Chapter 11, and headings 23.02 and 23.03 used does not exceed 20 %
 of the weight of the product; and
 - the total weight of non-originating materials of headings 17.01 and 17.02 used
 does not exceed 20 % of the weight of the product.
 Chapter 24 Tobacco and manufactured tobacco substitutes
 24.01 Production in which all materials of heading 24.01 are wholly obtained.
 2402.10 Production from non-originating materials of any heading, provided that the total
 weight of non-originating materials of heading 24.01 used does not exceed 30 %
 of the weight of materials of Chapter 24 used.
 2402.20 Production from non-originating materials of any heading, except that of the
 product and of smoking tobacco of subheading 2403.19, and in which at least 10
 % by weight of all materials of heading 24.01 used is wholly obtained.
 2402.90 Production from non-originating materials of any heading, provided that the total
 weight of non-originating materials of heading 24.01 used does not exceed 30 %
 of the weight of materials of Chapter 24 used.
 24.03 CTH, in which at least 10 % by weight of all materials of heading 24.01 used are
 wholly obtained.
 SECTION V MINERAL PRODUCTS
 Section note: For definitions of horizontal processing rules within this Section,
 see Note 5 of Annex ORIG-1
 453
 ---pagebreak--- Chapter 25 Salt; sulphur; earths and stone; plastering materials, lime and cement
 25.01-25.30 CTH;
 or
 MaxNOM 70 % (EXW).
 Chapter 26 Ores, slag and ash
 26.01-26.21 CTH
 Chapter 27 Mineral fuels, mineral oils and products of their distillation; bituminous
 substances; mineral waxes
 27.01-27.09 Production from non-originating materials of any heading.
 27.10 CTH except from non-originating biodiesel of subheading 3824.99 or 3826.00;
 or
 Distillation or a chemical reaction is undergone, provided that biodiesel
 (including hydrotreated vegetable oil) of heading 27.10 and subheadings 3824.99
 and 3826.00 used is obtained by esterification, transesterification or
 hydrotreatment.
 27.11-27.15 Production from non-originating materials of any heading.
 SECTION VI PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES
 Section note: For definitions of horizontal processing rules within this Section,
 see Note 5 of Annex ORIG-1
 Chapter 28 Inorganic chemicals; organic or inorganic compounds of precious metals, of
 rare-earth metals, of radioactive elements or of isotopes
 28.01-28.53 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 Chapter 29 Organic chemicals
 2901.10-2905.42 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 454
 ---pagebreak--- processing is undergone;
 or
 MaxNOM 50 % (EXW).
 2905.43-2905.44 CTH except from non-originating materials of heading 17.02 and subheading
 3824.60.
 2905.45 CTSH, however, non-originating materials of the same sub-heading as the
 product may be used, provided that their total value does not exceed 20 % of the
 ex-works price of the product;
 or
 MaxNOM 50 % (EXW).
 2905.49-2942 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 Chapter 30 Pharmaceutical products
 30.01-30.06 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 Chapter 31 Fertilisers
 31.01-31.04 CTH, however, non-originating materials of the same heading as the product may
 be used, provided that their total value does not exceed 20 % of the EXW of the
 product;
 or
 MaxNOM 40 % (EXW).
 31.05
 -Sodium nitrate CTH, however, non-originating materials of the same heading as the product may
 455
 ---pagebreak--- -Calcium be used, provided that their total value does not exceed 20 % of the EXW of the
 cyanamide product;
 -Potassium or
 sulphate
 MaxNOM 40 % (EXW).
 -Magnesium
 potassium sulphate
 -Others CTH, however, non-originating materials of the same heading as the product may
 be used, provided that their total value does not exceed 20 % of the EXW of the
 product, and in which the value of all non-originating materials used does not
 exceed 50% of the EXW of the product;
 or
 MaxNOM 40 % (EXW).
 Chapter 32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and
 other colouring matter; paints and varnishes; putty and other mastics; inks
 32.01-32.15 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 Chapter 33 Essential oils and resinoids; perfumery, cosmetic or toilet preparations
 33.01 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 3302.10 CTH, however, non-originating materials of subheading 3302.10 may be used,
 provided that their total value does not exceed 20 % of the EXW of the product.
 3302.90 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 456
 ---pagebreak--- or
 MaxNOM 50 % (EXW).
 33.03 Production from non-originating materials of any heading.
 33.04 -33.07 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 Chapter 34 Soap, organic surface-active agents, washing preparations, lubricating
 preparations, artificial waxes, prepared waxes, polishing or scouring
 preparations, candles and similar articles, modelling pastes, "dental waxes"
 and dental preparations with a basis of plaster
 34.01-34.07 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 Chapter 35 Albuminoidal substances; modified starches; glues; enzymes
 35.01-35.04 CTH except from non-originating materials of Chapter 4.
 35.05 CTH except from non-originating materials of heading 11.08.
 35.06-35.07 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 Chapter 36 Explosives; pyrotechnic products; matches; pyrophoric alloys; certain
 combustible preparations
 36.01-36.06 CTSH;
 457
 ---pagebreak--- A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 Chapter 37 Photographic or cinematographic goods
 37.01-37.07 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 Chapter 38 Miscellaneous chemical products
 38.01-38.08 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 3809.10 CTH except from non-originating materials of headings 11.08 and 35.05.
 3809.91-3822.00 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 38.23 Production from non-originating material of any heading.
 3824.10-3824.50 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 458
 ---pagebreak--- or
 MaxNOM 50 % (EXW).
 3824.60 CTH except from non-originating materials of subheadings 2905.43 and 2905.44.
 3824.71-3825.90 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 38.26 Production in which biodiesel is obtained through transesterification,
 esterification or hydro-treatment.
 SECTION VII PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLES THEREOF
 Section note: For definitions of horizontal processing rules within this Section,
 see Note 5 of Annex ORIG-1
 Chapter 39 Plastics and articles thereof
 39.01-39.15 CTSH;
 A chemical reaction, purification, mixing and blending, production of standard
 materials, a change in particle size, isomer separation, or biotechnological
 processing is undergone;
 or
 MaxNOM 50 % (EXW).
 39.16-39.19 CTH;
 or
 MaxNOM 50 % (EXW).
 39.20 CTSH;
 or
 MaxNOM 50 % (EXW).
 39.21-39.22 CTH;
 or
 459
 ---pagebreak--- MaxNOM 50 % (EXW).
 3923.10-3923.50 CTSH;
 or
 MaxNOM 50 % (EXW).
 3923.90-3925.90 CTH;
 or
 MaxNOM 50 % (EXW).
 39.26 CTSH;
 or
 MaxNOM 50 % (EXW).
 Chapter 40 Rubber and articles thereof
 40.01 - 40.11 CTH;
 or
 MaxNOM 50 % (EXW).
 4012.11-4012.19 CTSH;
 or
 Retreading of used tyres.
 4012.20-4017.00 CTH;
 or
 MaxNOM 50 % (EXW).
 SECTION VIII RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLES THEREOF;
 SADDLERY AND HARNESS; TRAVEL GOODS, HANDBAGS AND SIMILAR
 CONTAINERS; ARTICLE OF ANIMAL GUT (OTHER THAN SILK-WORM GUT)
 Chapter 41 Raw hides and skins (other than furskins) and leather
 41.01-4104.19 CTH
 4104.41-4104.49 CTSH except from non-originating materials of subheadings 4104.41 to 4104.49.
 4105.10 CTH
 460
 ---pagebreak--- 4105.30 CTSH
 4106.21 CTH
 4106.22 CTSH
 4106.31 CTH
 4106.32-4106.40 CTSH
 4106.91 CTH
 4106.92 CTSH
 41.07-41.13 CTH except from non-originating materials of subheadings 4104.41, 4104.49,
 4105.30, 4106.22, 4106.32 and 4106.92. However, non-originating materials of
 subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32 or 4106.92 may be
 used provided that they undergo a retanning operation.
 4114.10 CTH
 4114.20 CTH except from non-originating materials of subheadings 4104.41, 4104.49,
 4105.30, 4106.22, 4106.32, 4106.92 and 4107. However, non-originating
 materials of subheadings 4104.41, 4104.49, 4105.30, 4106.22, 4106.32, 4106.92
 and heading 41.07 may be used provided that they undergo a retanning
 operation.
 41.15 CTH
 Chapter 42 Articles of leather; saddlery and harness; travel goods, handbags and similar
 containers; articles of animal gut (other than silk-worm gut)
 42.01-42.06 CTH;
 or
 MaxNOM 50 % (EXW).
 Chapter 43 Furskins and artificial fur; manufactures thereof
 4301.10-4302.20 CTH;
 or
 MaxNOM 50 % (EXW).
 4302.30 CTSH
 43.03-43.04 CTH;
 or
 461
 ---pagebreak--- MaxNOM 50 % (EXW).
 SECTION IX WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL; CORK AND ARTICLES OF
 CORK; MANUFACTURES OF STRAW, OF ESPARTO OR OTHER PLAITING
 MATERIALS; BASKETWARE AND WICKERWORK
 Chapter 44 Wood and articles of wood; wood charcoal
 44.01-44.21 CTH;
 or
 MaxNOM 50 % (EXW).
 Chapter 45 Cork and articles of cork
 45.01-45.04 CTH;
 or
 MaxNOM 50 % (EXW).
 Chapter 46 Manufactures of straw, of esparto or of other plaiting materials; basketware
 and wickerwork
 46.01-46.02 CTH;
 or
 MaxNOM 50 % (EXW).
 SECTION X PULP OF WOOD OR OF OTHER FIBROUS CELLULOSIC MATERIAL; RECOVERED
 (WASTE AND SCRAP) PAPAER OR PAPERBOARD; PAPER AND PAPERBOARD AND
 ARTICLES THEREOF
 Chapter 47 Pulp of wood or of other fibrous cellulosic material; recovered (waste and
 scrap) paper or paperboard
 47.01-47.07 CTH;
 or
 MaxNOM 50 % (EXW).
 Chapter 48 Paper and paperboard; articles of paper pulp, of paper or of paperboard
 48.01-48.23 CTH;
 or
 MaxNOM 50 % (EXW).
 462
 ---pagebreak--- Chapter 49 Printed books, newspapers, pictures and other products of the printing
 industry; manuscripts, typescripts and plans
 49.01-49.11 CTH;
 or
 MaxNOM 50 % (EXW).
 SECTION XI TEXTILES AND TEXTILE ARTICLES
 Section note: For definitions of terms used for tolerances applicable to certain
 products made of textile materials, see Notes 6,7 and 8 of Annex ORIG-1
 Chapter 50 Silk
 50.01-50.02 CTH
 50.03
 - Carded or Carding or combing of silk waste.
 combed:
 - Others: CTH
 50.04-50.05 Spinning of natural fibres;
 Extrusion of man-made continuous filament combined with spinning;
 Extrusion of man-made continuous filament combined with twisting;
 or
 Twisting combined with any mechanical operation.
 50.06
 - Silk yarn and yarn Spinning of natural fibres;
 spun from silk
 waste: Extrusion of man-made continuous filament combined with spinning;
 Extrusion of man-made continuous filament combined with twisting;
 463
 ---pagebreak--- or
 Twisting combined with any mechanical operation.
 - Silk-worm gut: CTH
 50.07 Spinning of natural or man-made staple fibres combined with weaving;
 Extrusion of man-made filament yarn combined with weaving;
 Twisting or any mechanical operation combined with weaving;
 Weaving combined with dyeing;
 Yarn dyeing combined with weaving;
 Weaving combined with printing;
 or
 Printing (as standalone operation).
 Chapter 51 Wool, fine or coarse animal hair; horsehair yarn and woven fabric
 51.01-51.05 CTH
 51.06-51.10 Spinning of natural fibres;
 Extrusion of man-made fibres combined with spinning;
 or
 Twisting combined with any mechanical operation.
 51.11-51.13 Spinning of natural or man-made staple fibres combined with weaving;
 Extrusion of man-made filament yarn combined with weaving;
 Weaving combined with dyeing;
 Yarn dyeing combined with weaving;
 Weaving combined with printing;
 or
 Printing (as standalone operation).
 464
 ---pagebreak--- Chapter 52 Cotton
 52.01-52.03 CTH
 52.04-52.07 Spinning of natural fibres;
 Extrusion of man-made fibres combined with spinning;
 or
 Twisting combined with any mechanical operation.
 52.08-52.12 Spinning of natural or man-made staple fibres combined with weaving;
 Extrusion of man-made filament yarn combined with weaving;
 Twisting or any mechanical operation combined with weaving;
 Weaving combined with dyeing or with coating or with laminating;
 Yarn dyeing combined with weaving;
 Weaving combined with printing;
 or
 Printing (as standalone operation).
 Chapter 53 Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn
 53.01-53.05 CTH
 53.06-53.08 Spinning of natural fibres;
 Extrusion of man-made fibres combined with spinning;
 or
 Twisting combined with any mechanical operation.
 53.09-53.11 Spinning of natural or man-made staple fibres combined with weaving;
 Extrusion of man-made filament yarn combined with weaving;
 Weaving combined with dyeing or with coating or with laminating;
 Yarn dyeing combined with weaving;
 465
 ---pagebreak--- Weaving combined with printing;
 or
 Printing (as standalone operation).
 Chapter 54 Man-made filaments; strip and the like of man-made textile materials
 54.01-54.06 Spinning of natural fibres;
 Extrusion of man-made fibres combined with spinning;
 or
 Twisting combined with any mechanical operation.
 54.07-54.08 Spinning of natural or man-made staple fibres combined with weaving;
 Extrusion of man-made filament yarn combined with weaving;
 Yarn dyeing combined with weaving;
 Weaving combined with dyeing or with coating or with laminating;
 Twisting or any mechanical operation combined with weaving;
 Weaving combined with printing;
 or
 Printing (as standalone operation).
 Chapter 55 Man-made staple fibres
 55.01-55.07 Extrusion of man-made fibres.
 55.08-55.11 Spinning of natural fibres;
 Extrusion of man-made fibres combined with spinning;
 or
 Twisting combined with any mechanical operation.
 55.12-55.16 Spinning of natural or man-made staple fibres combined with weaving;
 Extrusion of man-made filament yarn combined with weaving;
 Twisting or any mechanical operation combined with weaving;
 466
 ---pagebreak--- Weaving combined with dyeing or with coating or with laminating;
 Yarn dyeing combined with weaving;
 Weaving combined with printing;
 or
 Printing (as standalone operation).
 Chapter 56 Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables
 and articles thereof
 56.01 Spinning of natural fibres;
 Extrusion of man-made fibres combined with spinning;
 Flocking combined with dyeing or with printing;
 or
 Coating, flocking, laminating, or metalizing combined with at least two other
 main preparatory or finishing operations (such as calendering, shrink-resistance
 processes, heat setting, permanent finishing), provided that the value of non-
 originating materials used does not exceed 50 % of the EXW of the product.
 56.02
 - Needleloom Felt: Extrusion of man-made fibres combined with fabric formation; however:
 - non-originating polypropylene filament of heading 54.02;
 - non-originating polypropylene fibres of heading 55.03 or 55.06; or
 - non-originating polypropylene filament tow of heading 55.01;
 of which the denomination in all cases of a single filament or fibre is less than 9
 decitex, may be used, provided that their total value does not exceed 40 % of the
 EXW of the product;
 or
 Non-woven fabric formation alone in the case of felt made from natural fibres.
 - Others: Extrusion of man-made fibres combined with fabric formation;
 or
 Non-woven fabric formation alone in the case of other felt made from natural
 fibres.
 467
 ---pagebreak--- 5603.11-5603.14 Production from
 - directionally or randomly oriented filaments; or
 - substances or polymers of natural or man-made origin;
 followed in both cases by bonding into a nonwoven.
 5603.91-5603.94 Production from
 - directionally or randomly oriented staple fibres; or
 - chopped yarns, of natural or man-made origin;
 followed in both cases by bonding into a nonwoven.
 5604.10 Production from rubber thread or cord, not textile covered.
 5604.90 Spinning of natural fibres;
 Extrusion of man-made fibres combined with spinning;
 or
 Twisting combined with any mechanical operation.
 56.05 Spinning of natural or man-made staple fibres;
 Extrusion of man-made fibres combined with spinning;
 or
 Twisting combined with any mechanical operation.
 56.06 Extrusion of man-made fibres combined with spinning;
 Twisting combined with gimping;
 Spinning of natural or man-made staple fibres;
 or
 Flocking combined with dyeing.
 56.07-56.09 Spinning of natural fibres;
 or
 468
 ---pagebreak--- Extrusion of man-made fibres combined with spinning.
 Chapter 57 Carpets and other textile floor coverings
 Chapter note: For products of this Chapter non-originating jute fabric may be
 used as a backing.
 57.01-57.05 Spinning of natural or man-made staple fibres combined with weaving or with
 tufting;
 Extrusion of man-made filament yarn combined with weaving or with tufting;
 Production from coir yarn or sisal yarn or jute yarn or classical ring spun viscose
 yarn;
 Tufting combined with dyeing or with printing;
 Tufting or weaving of man-made filament yarn combined with coating or with
 laminating;
 Flocking combined with dyeing or with printing;
 or
 Extrusion of man-made fibres combined with nonwoven techniques including
 needle punching.
 Chapter 58 Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings;
 embroidery
 58.01-58.04 Spinning of natural or man-made staple fibres combined with weaving or with
 tufting;
 Extrusion of man-made filament yarn combined with weaving or with tufting;
 Weaving combined with dyeing or with flocking or with coating or with
 laminating or with metalizing;
 Tufting combined with dyeing or with printing;
 Flocking combined with dyeing or with printing;
 Yarn dyeing combined with weaving;
 Weaving combined with printing;
 or
 Printing (as standalone operation).
 469
 ---pagebreak--- 58.05 CTH
 58.06-58.09 Spinning of natural or man-made staple fibres combined with weaving or with
 tufting;
 Extrusion of man-made filament yarn combined with weaving or with tufting;
 Weaving combined with dyeing or with flocking or with coating or with
 laminating or with metalizing;
 Tufting combined with dyeing or with printing;
 Flocking combined with dyeing or with printing;
 Yarn dyeing combined with weaving;
 Weaving combined with printing;
 or
 Printing (as standalone operation).
 58.10 Embroidering in which the value of non-originating materials of any heading,
 except that of the product, used does not exceed 50 % of the EXW of the
 product.
 58.11 Spinning of natural or man-made staple fibres combined with weaving or with
 tufting;
 Extrusion of man-made filament yarn combined with weaving or with tufting;
 Weaving combined with dyeing or with flocking or with coating or with
 laminating or with metalizing;
 Tufting combined with dyeing or with printing;
 Flocking combined with dyeing or with printing;
 Yarn dyeing combined with weaving;
 Weaving combined with printing;
 or
 Printing (as standalone operation).
 Chapter 59 Impregnated, coated, covered or laminated textile fabrics; textile articles of a
 kind suitable for industrial use
 470
 ---pagebreak--- 59.01 Weaving combined with dyeing or with flocking or with coating or with
 laminating or with metalising;
 or
 Flocking combined with dyeing or with printing.
 59.02
 - Containing not Weaving.
 more than 90 % by
 weight of textile
 materials:
 - Others: Extrusion of man-made fibres combined with weaving.
 59.03 Weaving, knitting or crocheting combined with impregnating or with coating or
 with covering or with laminating or with metalising;
 Weaving combined with printing; or
 Printing (as standalone operation).
 59.04 Calendaring combined with dyeing, coating, laminating or metalizing. Non-
 originating jute fabric may be used as a backing;
 or
 Weaving combined with dyeing or with coating or with laminating or with
 metalising. Non-originating jute fabric may be used as a backing.
 59.05
 - Impregnated, Weaving, knitting or non-woven fabric formation combined with impregnating or
 coated, covered or with coating or with covering or with laminating or with metalising.
 laminated with
 rubber, plastics or
 other materials:
 - Others: Spinning of natural or man-made staple fibres combined with weaving;
 Extrusion of man-made filament yarn combined with weaving;
 Weaving, knitting or nonwoven fabric formation combined with dyeing or with
 471
 ---pagebreak--- coating or with laminating;
 Weaving combined with printing;
 or
 Printing (as standalone operation).
 59.06
 - Knitted or Spinning of natural or man-made staple fibres combined with knitting or with
 crocheted fabrics: crocheting;
 Extrusion of man-made filament yarn combined with knitting or with crocheting;
 Knitting or crocheting combined with rubberising; or
 Rubberising combined with at least two other main preparatory or finishing
 operations (such as calendering, shrink-resistance processes, heat setting,
 permanent finishing) provided that the value of non-originating materials used
 does not exceed 50 % of the EXW of the product.
 - Other fabrics Extrusion of man-made fibres combined with weaving.
 made of synthetic
 filament yarn,
 containing more
 than 90 % by
 weight of textile
 materials:
 - Others: Weaving, knitting or nonwoven process combined with dyeing or with coating or
 with rubberising;
 Yarn dyeing combined with weaving, knitting or nonwoven process;
 or
 Rubberising combined with at least two other main preparatory or finishing
 operations (such as calendering, shrink-resistance processes, heat setting,
 permanent finishing) provided that the value of non-originating materials used
 does not exceed 50 % of the EXW of the product.
 59.07 Weaving, knitting or nonwoven fabric formation combined with dyeing or with
 printing or with coating or with impregnating or with covering;
 Flocking combined with dyeing or with printing;
 472
 ---pagebreak--- or
 Printing (as standalone operation).
 59.08
 - Incandescent gas Production from tubular knitted or crocheted gas-mantle fabric.
 mantles,
 impregnated:
 - Others: CTH
 59.09-59.11 Spinning of natural or of man-made staple fibres combined with weaving;
 Extrusion of man-made fibres combined with weaving;
 Weaving combined with dyeing or with coating or with laminating;
 or
 Coating, flocking, laminating or metalizing combined with at least two other main
 preparatory or finishing operations (such as calendering, shrink-resistance
 processes, heat setting, permanent finishing) provided that the value of non-
 originating materials used does not exceed 50 % of the EXW of the product.
 Chapter 60 Knitted or crocheted fabrics
 60.01-60.06 Spinning of natural or man-made staple fibres combined with knitting or with
 crocheting;
 Extrusion of man-made filament yarn combined with knitting or with crocheting;
 Knitting or crocheting combined with dyeing or with flocking or with coating or
 with laminating or with printing;
 Flocking combined with dyeing or with printing;
 Yarn dyeing combined with knitting or with crocheting; or
 Twisting or texturing combined with knitting or with crocheting provided that the
 value of non-originating non-twisted or non-textured yarns used does not exceed
 50 % of the EXW of the product.
 Chapter 61 Articles of apparel and clothing accessories, knitted or crocheted
 473
 ---pagebreak--- 61.01-61.17
 - Obtained by Knitting or crocheting combined with making-up including cutting of fabric.
 sewing together or
 otherwise
 assembling, two or
 more pieces of
 knitted or
 crocheted fabric
 which have been
 either cut to form
 or obtained directly
 to form:
 - Others: Spinning of natural or man-made staple fibres combined with knitting or with
 crocheting;
 Extrusion of man-made filament yarn combined with knitting or with crocheting;
 or
 Knitting and making-up in one operation.
 Chapter 62 Articles of apparel and clothing accessories, not knitted or crocheted
 62.01 Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.02
 - Embroidered: Weaving combined with making-up including cutting of fabric;
 or
 Production from unembroidered fabric, provided that the value of non-
 originating unembroidered fabric used does not exceed 40 % of the EXW of the
 product.
 - Others: Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 474
 ---pagebreak--- operation).
 62.03 Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.04
 - Embroidered: Weaving combined with making-up including cutting of fabric;
 or
 Production from unembroidered fabric, provided that the value of non-
 originating unembroidered fabric used does not exceed 40 % of the EXW of the
 product.
 - Others: Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.05 Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.06
 - Embroidered: Weaving combined with making-up including cutting of fabric;
 or
 Production from unembroidered fabric, provided that the value of non-
 originating unembroidered fabric used does not exceed 40 % of the EXW of the
 product.
 - Others: Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 475
 ---pagebreak--- operation).
 62.07-62.08 Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.09
 - Embroidered: Weaving combined with making-up including cutting of fabric;
 or
 Production from unembroidered fabric, provided that the value of non-
 originating unembroidered fabric used does not exceed 40 % of the EXW of the
 product.
 - Others: Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.10
 - Fire-resistant Weaving combined with making-up including cutting of fabric;
 equipment of
 fabric covered with or
 foil of aluminised
 polyester: Coating or laminating combined with making-up including cutting of fabric,
 provided that the value of non-originating uncoated or unlaminated fabric used
 does not exceed 40 % of the EXW of the product.
 - Others: Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.11
 476
 ---pagebreak--- - Women's, or girls' Weaving combined with making-up including cutting of fabric;
 garments,
 embroidered: or
 Production from unembroidered fabric, provided that the value of non-
 originating unembroidered fabric used does not exceed 40 % of the EXW of the
 product.
 - Others: Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.12
 - Knitted or Knitting combined with making-up including cutting of fabric;
 crocheted obtained
 by sewing together or
 or otherwise
 assembling, two or Making-up including cutting of fabric preceded by printing (as standalone
 more pieces of operation).
 knitted or
 crocheted fabric
 which have been
 either cut to form
 or obtained directly
 to form:
 - Others: Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.13-62.14
 - Embroidered: Weaving combined with making-up including cutting of fabric;
 Production from unembroidered fabric, provided that the value of non-
 originating unembroidered fabric used does not exceed 40 % of the EXW of the
 477
 ---pagebreak--- product;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 - Others: Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.15 Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.16
 - Fire-resistant Weaving combined with making-up including cutting of fabric;
 equipment of
 fabric covered with or
 foil of aluminised
 polyester: Coating or laminating combined with making-up including cutting of fabric,
 provided that the value of non-originating uncoated or unlaminated fabric used
 does not exceed 40 % of the EXW of the product.
 - Others: Weaving combined with making-up including cutting of fabric;
 or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 62.17
 - Embroidered: Weaving combined with making-up including cutting of fabric;
 Production from unembroidered fabric, provided that the value of non-
 originating unembroidered fabric used does not exceed 40 % of the EXW of the
 product;
 478
 ---pagebreak--- or
 Making-up including cutting of fabric preceded by printing (as standalone
 operation).
 - Fire-resistant Weaving combined with making-up including cutting of fabric;
 equipment of
 fabric covered with or
 foil of aluminised
 polyester: Coating or laminating combined with making-up including cutting of fabric,
 provided that the value of non-originating uncoated or unlaminated fabric used
 does not exceed 40 % of the EXW of the product.
 - Interlinings for CTH, provided that the value of all the non-originating materials used does not
 collars and cuffs, exceed 40 % of the EXW of the product.
 cut out:
 - Others: Weaving combined with making-up including cutting of fabric.
 Chapter 63 Other made up textile articles; sets; worn clothing and worn textile articles;
 rags
 63.01-63.04
 - Of felt, of Nonwoven fabric formation combined with making-up including cutting of fabric.
 nonwovens:
 - Others:
 -- Embroidered: Weaving or knitting or crocheting combined with making-up including cutting of
 fabric;
 or
 Production from unembroidered fabric (other than knitted or crocheted),
 provided that the value of non-originating unembroidered fabric used does not
 exceed 40 % of the EXW of the product.
 -- Others: Weaving, knitting or crocheting combined with making-up including cutting of
 fabric.
 479
 ---pagebreak--- 63.05 Extrusion of man-made fibres or spinning of natural or man-made staple fibres,
 combined with weaving or with knitting and making-up including cutting of
 fabric.
 63.06
 - Of nonwovens: Nonwoven fabric formation combined with making-up including cutting of fabric.
 - Others: Weaving combined with making-up including cutting of fabric.
 63.07 MaxNOM 40 % (EXW).
 63.08 Each item in the set must satisfy the rule which would apply to it if it were not
 included in the set; however, non-originating articles may be incorporated,
 provided that their total value does not exceed 15 % of the EXW of the set.
 63.09-63.10 CTH
 SECTION XII FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS, WALKING-STICKS,
 SEAT-STICKS, WHIPS, RIDING-CROPS AND PARTS THEREOF; PREPARED
 FEATHERS AND ARTICLES MADE THEREWITH; ARTIFICIAL FLOWERS; ARTICLE OF
 HUMAN HAIR
 Chapter 64 Footwear, gaiters and the like; parts of such articles
 64.01-64.05 Production from non-originating materials of any heading, except from non-
 originating assemblies of uppers affixed to inner soles or to other sole
 components of heading 64.06.
 64.06 CTH
 Chapter 65 Headgear and parts thereof
 65.01-65.07 CTH
 Chapter 66 Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and
 parts thereof
 480
 ---pagebreak--- 66.01-66.03 CTH;
 or
 MaxNOM 50 % (EXW).
 Chapter 67 Prepared feathers and down and articles made of feathers or of down; artificial
 flowers; articles of human hair
 67.01-67.04 CTH
 SECTION XIII ARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR SIMILAR
 MATERIALS; CERAMIC PRODUCTS; GLASS AND GLASSWARE
 Chapter 68 Articles of stone, plaster, cement, asbestos, mica or similar materials
 68.01-68.15 CTH;
 or
 MaxNOM 70 % (EXW).
 Chapter 69 Ceramic products
 69.01-69.14 CTH
 Chapter 70 Glass and glassware
 70.01-70.09 CTH;
 or
 MaxNOM 50 % (EXW).
 70.10 CTH
 70.11 CTH;
 or
 MaxNOM 50 % (EXW).
 70.13 CTH except from non-originating materials of heading 70.10.
 70.14-70.20 CTH;
 or
 MaxNOM 50 % (EXW).
 SECTION XIV NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI-PRECIOUS STONES,
 PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES
 481
 ---pagebreak--- THEREOF; IMITATION JEWELLERY; COIN
 Chapter 71 Natural or cultured pearls, precious or semi-precious stones, precious metals,
 metals clad with precious metal, and articles thereof; imitation jewellery; coin
 71.01-71.05 Production from non-originating materials of any heading.
 71.06
 - Unwrought: CTH except from non-originating materials of headings 71.06, 71.08 and 71.10;
 Electrolytic, thermal or chemical separation of non-originating precious metals of
 headings 71.06, 71.08 and 71.10;
 or
 Fusion or alloying of non-originating precious metals of headings 71.06, 71.08
 and 71.10 with each other or with base metals or purification.
 - Semi- Production from non-originating unwrought precious metals.
 manufactured or in
 powder form:
 71.07 Production from non-originating materials of any heading.
 71.08
 - Unwrought: CTH except from non-originating materials of headings 71.06, 71.08 and 71.10;
 Electrolytic, thermal or chemical separation of non-originating precious metals of
 headings 71.06, 71.08 and 71.10;
 or
 Fusion or alloying of non-originating precious metals of headings 71.06, 71.08
 and 71.10 with each other or with base metals or purification.
 - Semi- Production from non-originating unwrought precious metals.
 manufactured or in
 powder form:
 71.09 Production from non-originating materials of any heading.
 71.10
 - Unwrought: CTH except from non-originating materials of headings 71.06, 71.08 and 71.10;
 Electrolytic, thermal or chemical separation of non-originating precious metals of
 headings 71.06, 71.08 and 71.10;
 or
 482
 ---pagebreak--- Fusion or alloying of non-originating precious metals of headings 71.06, 71.08
 and 71.10 with each other or with base metals or purification.
 - Semi- Production from non-originating unwrought precious metals.
 manufactured or in
 powder form:
 71.11 Production from non-originating materials of any heading.
 71.12-71.18 CTH
 SECTION XV BASE METALS AND ARTICLES OF BASE METAL
 Chapter 72 Iron and Steel
 72.01-72.06 CTH
 72.07 CTH except from non-originating materials of heading 72.06.
 72.08-72.17 CTH except from non-originating materials of headings 72.08 to 72.17.
 72.18 CTH
 72.19-72.23 CTH except from non-originating materials of headings 72.19 to 72.23.
 72.24 CTH
 72.25-72.29 CTH except from non-originating materials of headings 72.25 to 72.29.
 Chapter 73 Articles of iron or steel
 7301.10 CC except from non-originating materials of headings 72.08 to 72.17.
 7301.20 CTH
 73.02 CC except from non-originating materials of headings 72.08 to 72.17.
 73.03 CTH
 483
 ---pagebreak--- 73.04-73.06 CC except from non-originating materials of headings 72.13 to 72.17, 72.21 to
 72.23 and 72.25 to 72.29.
 73.07
 - Tube or pipe CTH except from non-originating forged blanks; however, non-originating forged
 fittings of stainless blanks may be used provided that their value does not exceed 50 % of the EXW
 steel: of the product.
 - Others: CTH
 73.08 CTH except from non-originating materials of subheading 7301.20.
 7309.00-7315.19 CTH
 7315.20 CTH;
 or
 MaxNOM 50 % (EXW).
 7315.81-7326.90 CTH
 Chapter 74 Copper and articles thereof
 74.01-74.02 CTH
 74.03 Production from non-originating materials of any heading.
 74.04-74.07 CTH
 74.08 CTH and MaxNOM 50 % (EXW).
 74.09-74.19 CTH
 Chapter 75 Nickel and articles thereof
 75.01 CTH
 75.02 Production from non-originating materials of any heading.
 75.03-75.08 CTH
 Chapter 76 Aluminium and articles thereof
 76.01 CTH and MaxNOM 50 % (EXW).
 or
 Thermal or electrolytic treatment from unalloyed aluminium or waste and scrap
 of aluminium.
 484
 ---pagebreak--- 76.02 CTH
 76.03-76.16 CTH and MaxNOM 50 % (EXW).90
 Chapter 78 Lead and articles thereof
 7801.10 Production from non-originating materials of any heading.
 7801.91-7806.00 CTH
 Chapter 79 Zinc and articles thereof
 79.01-79.07 CTH
 Chapter 80 Tin and articles thereof
 80.01-80.07 CTH
 Chapter 81 Other base metals; cermets; articles thereof
 81.01-81.13 Production from non-originating materials of any heading.
 Chapter 82 Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of
 base metal
 8201.10-8205.70 CTH;
 or
 MaxNOM 50 % (EXW).
 8205.90 CTH, however, non-originating tools of heading 82.05 may be incorporated into
 the set, provided that their total value does not exceed 15 % of the EXW of the
 set.
 82.06 CTH except from non-originating materials of headings 82.02 to 82.05; however,
 non-originating tools of headings 82.02 to 82.05 may be incorporated into the
 set, provided that their total value does not exceed 15 % of the EXW of the set.
 82.07-82.15 CTH;
 Or
 MaxNOM 50 % (EXW).
 Chapter 83 Miscellaneous articles of base metal
 90
 Certain aluminium products may qualify as originating under alternative product-specific rules of origin with
 annual quotas as specified in Annex ORIG-2A [Origin quotas and alternatives to the product-specific rules of
 origin in Annex ORIG-2].
 485
 ---pagebreak--- 83.01-83.11 CTH;
 or
 MaxNOM 50 % (EXW).
 SECTION XVI MACHINERY AND MECHANICAL APPLIANCE; ELECTRICAL EQUIPMENT; PARTS
 THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND
 SOUND RECORDERS AND REPRODUCERS, AND PARTS AND ACCESSORIES OF
 SUCH ARTICLES
 Chapter 84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof
 84.01-84.06 CTH;
 or
 MaxNOM 50 % (EXW).
 84.07-84.08 MaxNOM 50 % (EXW).
 84.09-84.12 CTH;
 or
 MaxNOM 50 % (EXW).
 8413.11-8415.10 CTSH;
 or
 MaxNOM 50 % (EXW).
 8415.20 CTH;
 or
 MaxNOM 50 % (EXW).
 8415.81-8415.90 CTSH;
 or
 MaxNOM 50 % (EXW).
 84.16-84.20 CTH;
 or
 MaxNOM 50 % (EXW).
 84.21 CTSH;
 486
 ---pagebreak--- or
 MaxNOM 50 % (EXW).
 84.22-84.24 CTH;
 or
 MaxNOM 50 % (EXW).
 84.25-84.30 CTH except from non-originating materials of heading 84.31;
 or
 MaxNOM 50 % (EXW).
 84.31-84.43 CTH;
 or
 MaxNOM 50 % (EXW).
 84.44-84.47 CTH except from non-originating materials of heading 84.48;
 or
 MaxNOM 50 % (EXW).
 84.48-84.55 CTH;
 or
 MaxNOM 50 % (EXW).
 84.56-84.65 CTH except from non-originating materials of heading 84.66;
 or
 MaxNOM 50 % (EXW).
 84.66-84.68 CTH;
 or
 MaxNOM 50 % (EXW).
 84.70-84.72 CTH except from non-originating materials of heading 84.73;
 or
 MaxNOM 50 % (EXW).
 487
 ---pagebreak--- 84.73-84.78 CTH;
 or
 MaxNOM 50 % (EXW).
 8479.10-8479.40 CTSH;
 or
 MaxNOM 50 % (EXW).
 8479.50 CTH;
 or
 MaxNOM 50 % (EXW).
 8479.60-8479.82 CTSH;
 or
 MaxNOM 50 % (EXW).
 8479.89 CTH;
 or
 MaxNOM 50 % (EXW).
 8479.90 CTSH;
 or
 MaxNOM 50 % (EXW).
 84.80 CTH;
 or
 MaxNOM 50 % (EXW).
 84.81 CTSH;
 or
 MaxNOM 50 % (EXW).
 84.82-84.87 CTH;
 or
 488
 ---pagebreak--- MaxNOM 50 % (EXW).
 Chapter 85 Electrical machinery and equipment and parts thereof; sound recorders and
 reproducers, television image and sound recorders and reproducers, and parts
 and accessories of such articles
 85.01-85.02 CTH except from non-originating materials of heading 85.03;
 or
 MaxNOM 50 % (EXW).
 85.03-85.06 CTH;
 or
 MaxNOM 50 % (EXW).
 85.07
 - Accumulators CTH except from non-originating active cathode materials;
 containing one or
 more battery cells or
 or battery modules
 91
 and the circuitry to MaxNOM 30 % (EXW) .
 interconnect them
 amongst
 themselves,
 often referred to as
 “battery packs”, of
 a kind used as the
 primary source of
 electrical power for
 propulsion of
 vehicles of
 headings 87.02,
 87.03 and 87.04
 - Battery cells, CTH except from non-originating active cathode materials;
 battery modules
 and parts thereof, or
 intended to be
 92
 incorporated into MaxNOM 35 % (EXW)
 91
 For the period from the entry into force of this Agreement until 31 December 2026 alternative product-
 specific rules of origin apply, as specified in Annex ORIG-2B [Transitional Product-Specific Rules for Electric
 Accumulators and Electrified Vehicles].
 489
 ---pagebreak--- an electric
 accumulator of a
 kind used as the
 primary source of
 electrical power for
 propulsion of
 vehicles of
 headings 87.02,
 87.03 and 87.04
 - others CTH;
 or
 MaxNOM 50 % (EXW).
 85.08-85.18 CTH;
 or
 MaxNOM 50 % (EXW).
 85.19-85.21 CTH except from non-originating materials of heading 85.22;
 or
 MaxNOM 50 % (EXW).
 85.22-85.23 CTH;
 or
 MaxNOM 50 % (EXW).
 85.25-85.27 CTH except from non-originating materials of heading 85.29;
 or
 MaxNOM 50 % (EXW).
 85.28-85.34 CTH;
 or
 MaxNOM 50 % (EXW).
 92
 For the period from the entry into force of this Agreement until 31 December 2026 alternative product-
 specific rules of origin apply, as specified in Annex ORIG-2B [Transitional Product-Specific Rules for Electric
 Accumulators and Electrified Vehicles].
 490
 ---pagebreak--- 85.35-85.37 CTH except from non-originating materials of heading 85.38;
 or
 MaxNOM 50 % (EXW).
 8538.10-8541.90 CTH;
 or
 MaxNOM 50 % (EXW).
 8542.31-8542.39 CTH;
 Non-originating materials undergo a diffusion;
 or
 MaxNOM 50 % (EXW).
 8542.90-8543.90 CTH;
 or
 MaxNOM 50 % (EXW).
 85.44-85.48 MaxNOM 50 % (EXW).
 SECTION XVII VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED TRANSPORT EQUIPMENT
 Chapter 86 Railway or tramway locomotives, rolling-stock and parts thereof; railway or
 tramway track fixtures and fittings and parts thereof; mechanical (including
 electro-mechanical) traffic signalling equipment of all kinds
 86.01-86.09 CTH except from non-originating materials of heading 86.07;
 or
 MaxNOM 50 % (EXW).
 Chapter 87 Vehicles other than railway or tramway rolling-stock, and parts and accessories
 thereof
 87.01 MaxNOM 45 % (EXW).
 87.02-87.04
 491
 ---pagebreak--- - vehicles with both MaxNOM 45 % (EXW) and battery packs of heading 85.07 of a kind used as the
 internal primary source of electrical power for propulsion of the vehicle must be
 combustion piston originating93.
 engine and electric
 motor as motors
 for propulsion
 capable of being
 charged by
 plugging to
 external source of
 electric power
 (‘plug-in hybrid’);
 - vehicles with only
 electric motor for
 propulsion
 - others MaxNOM 45 % (EXW)94.
 87.05-87.07 MaxNOM 45 % (EXW).
 87.08-87.11 CTH;
 or
 MaxNOM 50 % (EXW).
 87.12 MaxNOM 45 % (EXW).
 87.13-87.16 CTH;
 or
 MaxNOM 50 % (EXW).
 Chapter 88 Aircraft, spacecraft, and parts thereof
 88.01-88.05 CTH;
 or
 93
 For the period from the entry into force of this Agreement until 31 December 2026 alternative product-
 specific rules of origin apply, as specified in Annex ORIG-2B [Transitional Product-Specific Rules for Electric
 Accumulators and Electrified Vehicles].
 94
 For hybrid vehicles with both internal combustion engine and electric motor as motors for propulsion, other
 than those capable of being charged by plugging to external source of electric power, alternative product-
 specific rules of origin apply for the period from the entry into force of this Agreement until 31 December
 2026, as specified in Annex ORIG-2B [Transitional Product-Specific Rules for Electric Accumulators and
 Electrified Vehicles].
 492
 ---pagebreak--- MaxNOM 50 % (EXW).
 Chapter 89 Ships, boats and floating structures
 89.01-89.08 CC;
 or
 MaxNOM 40 % (EXW).
 SECTION XVIII OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING,
 PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; CLOCKS
 AND WATCHES; MUSICAL INSTRUMENTS; PARTS AND ACCESSORIES THEREOF
 Chapter 90 Optical, photographic, cinematographic, measuring, checking, precision,
 medical or surgical instruments and apparatus; parts and accessories thereof
 9001.10-9001.40 CTH;
 or
 MaxNOM 50 % (EXW).
 9001.50 CTH;
 Surfacing of the semi-finished lens into a finished ophthalmic lens with optical
 corrective power meant to be mounted on a pair of spectacles;
 Coating of the lens through appropriated treatments to improve vision and
 ensure protection of the wearer;
 or
 MaxNOM 50 % (EXW).
 9001.90-9033.00 CTH;
 or
 MaxNOM 50 % (EXW).
 Chapter 91 Clocks and watches and parts thereof
 91.01-91.14 CTH;
 or
 MaxNOM 50 % (EXW).
 Chapter 92 Musical instruments; parts and accessories of such articles
 92.01-92.09 MaxNOM 50 % (EXW).
 493
 ---pagebreak--- SECTION XIX ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF
 Chapter 93 Arms and ammunition; parts and accessories thereof
 93.01-93.07 MaxNOM 50 % (EXW).
 SECTION XX MISCELLANEOUS MANUFACTURED ARTICLES
 Chapter 94 Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed
 furnishings; lamps and lighting fittings, not elsewhere specified or included;
 illuminated signs, illuminated name-plates and the like; prefabricated buildings
 94.01-94.06 CTH;
 or
 MaxNOM 50 % (EXW).
 Chapter 95 Toys, games and sports requisites; parts and accessories thereof
 95.03-95.08 CTH;
 or
 MaxNOM 50 % (EXW).
 Chapter 96 Miscellaneous manufactured articles
 96.01-96.04 CTH;
 or
 MaxNOM 50 % (EXW).
 96.05 Each item in the set shall satisfy the rule which would apply to it if it were not
 included in the set, provided that non-originating articles may be incorporated,
 provided that their total value does not exceed 15 % of the EXW of the set.
 96.06-9608.40 CTH;
 or
 MaxNOM 50 % (EXW).
 9608.50 Each item in the set shall satisfy the rule which would apply to it if it were not
 included in the set, provided that non-originating articles may be incorporated,
 provided that their total value does not exceed 15 % of the EXW of the set.
 9608.60-96.20 CTH;
 or
 494
 ---pagebreak--- MaxNOM 50 % (EXW).
 SECTION XXI WORKS OF ART, COLLECTORS’ PIECES AND ANTIQUES
 Chapter 97 Works of Art, Collectors' Pieces and Antiques
 97.01-97.06 CTH
 495
 ---pagebreak--- ANNEX ORIG-2A: ORIGIN QUOTAS AND ALTERNATIVES TO THE PRODUCT-SPECIFIC RULES OF ORIGIN
 IN ANNEX ORIG-2 [PRODUCT-SPECIFIC RULES OF ORIGIN]
 Common provisions
 1. For the products listed in the tables below, the corresponding rules of origin are alternatives
 to those set out in Annex ORIG-2 [Product-specific rules of origin], within the limits of the applicable
 annual quota.
 2. A statement on origin made out pursuant to this Annex shall contain the following
 statement: "Origin quotas - Product originating in accordance with Annex ORIG-2A".
 3. In the Union, any quantities referred to in this Annex shall be managed by the European
 Commission, which shall take all administrative actions it deems advisable for their efficient
 management in respect of the applicable legislation of the Union.
 4. In the United Kingdom, any quantities referred to in this Annex shall be managed by its
 customs authority, which shall take all administrative actions it deems advisable for their efficient
 management in respect of the applicable legislation in the United Kingdom.
 5. The importing Party shall manage the origin quotas on a first-come first-served basis and
 shall calculate the quantity of products entered under these origin quotas on the basis of that Party's
 imports.
 Section 1 - Annual quota allocation for canned tuna
 Harmonised Product description Alternative Annual quota for Annual quota for
 system product- exports from the exports from the
 classification specific Union to the United Kingdom
 (2017) rule United Kingdom to the Union
 (net weight) (net weight)
 1604.14 Prepared or preserved tunas, CC 3 000 tonnes 3 000 tonnes
 skipjack and bonito (Sarda
 spp.), whole or in pieces (excl.
 minced)
 1604.20 Other prepared or preserved fish
 Of tuna, skipjack or other fish of CC 4 000 tonnes 4 000 tonnes
 the genus Euthynnus (excl.
 whole or in pieces)
 Of other fish - - -
 496
 ---pagebreak--- Section 2 – Annual quota allocation for aluminium products95
 Table 1 – Quotas applicable from 1 January 2021 until 31 December 2023
 Harmonised Product description Alternative Annual quota for Annual quota for
 system product-specific exports from the exports from the
 classification rule Union to the United Kingdom
 (2017) United Kingdom to the Union
 (net weight) (net weight)
 76.03, 76.04, Aluminium products and CTH
 76.06, 76.08- articles of aluminium
 76.16 (excluding aluminium
 wire and aluminium foil)
 76.05 Aluminium wire CTH except from
 non-originating
 95 000 tonnes 95 000 tonnes
 materials of
 heading 76.04
 76.07 Aluminium foil CTH except from
 non-originating
 materials of
 heading 76.06
 Table 2 – Quotas applicable from 1 January 2024 until 31 December 2026
 Harmonised Product description Alternative Annual quota for Annual quota for
 system product-specific exports from the exports from the
 classification rule Union to the United Kingdom
 (2017) United Kingdom to the Union
 (net weight) (net weight)
 76.03, 76.04, Aluminium products and CTH
 76.06, 76.08- articles of aluminium
 76.16 (excluding aluminium
 wire and aluminium foil)
 76.05 Aluminium wire CTH except from
 non-originating
 72 000 tonnes 72 000 tonnes
 materials of
 heading 76.04
 76.07 Aluminium foil CTH except from
 non-originating
 materials of
 heading 76.06
 95
 The quantities listed in each table in Section 2 are the entire quota quantities available (for exports from the
 Union to the United Kingdom, and for exports from the United Kingdom to the Union, respectively) for all the
 products listed in that table.
 497
 ---pagebreak--- Table 3 - Quotas applicable from 1 January 2027 onwards
 Harmonised Product description Alternative Annual quota for Annual quota for
 system product-specific exports from the exports from the
 classification rule Union to the United Kingdom
 (2017) United Kingdom to the Union
 (net weight) (net weight)
 76.04 Aluminium bars, rods and CTH
 profiles
 76.06 Aluminium plates, sheets CTH
 and strip, of a thickness
 exceeding 0,2 mm 57 500 tonnes 57 500 tonnes
 76.07 Aluminium foil CTH except from
 non-originating
 materials of
 heading 76.06
 Review of quotas for aluminium products in Table 3 in Section 2
 1. Not earlier than 5 years from the entry into force of this Agreement and not earlier than 5
 years from the completion of any review referred to in this paragraph, the Trade Partnership
 Committee, at the request of either Party and assisted by the Trade Specialised Committee on
 Customs Cooperation and Rules of Origin, shall review the quotas for aluminium contained in
 Table 3 in Section 2.
 2. The review referred to in paragraph 1 shall be made on the basis of available information
 about the market conditions in both Parties and information about their imports and exports
 of relevant products.
 3. On the basis of the result of a review carried out pursuant to paragraph 1, the Partnership
 Council may adopt a decision to increase or maintain the quantity, to change the scope, or to
 apportion or change any apportionment between products, of the quotas for aluminium
 contained in Table 3 in Section 2.
 498
 ---pagebreak--- ANNEX ORIG-2B: TRANSITIONAL PRODUCT-SPECIFIC RULES FOR ELECTRIC ACCUMULATORS AND
 ELECTRIFIED VEHICLES
 Section 1 - Interim product specific rules applicable from the entry into force of this Agreement
 until 31 December 2023.
 1. For the products listed in column 1 below, the product-specific rule listed in column 2 shall
 apply for the period from the entry into force of this Agreement until 31 December 2023.
 Column 1 Column 2
 Harmonised System Product-specific rule of origin applicable from the entry into force of this
 classification (2017) Agreement until 31 December 2023
 including specific
 description
 85.07
 - Accumulators CTSH;
 containing one or more
 battery cells or battery Assembly of battery packs from non-originating battery cells or battery
 modules and the circuitry modules;
 to interconnect them
 amongst themselves, or
 often referred to as
 “battery packs”, of a kind MaxNOM 70 % (EXW)
 used as the primary
 source of electrical power
 for propulsion of vehicles
 of headings 87.02, 87.03
 and 87.04
 - Battery cells, battery CTH;
 modules, and parts
 thereof, intended to be or
 incorporated into an
 electric accumulator of a MaxNOM 70 % (EXW)
 kind used as the primary
 source of electrical power
 for propulsion of vehicles
 of headings 87.02, 87.03
 and 87.04
 87.02-87.04
 - vehicles with both MaxNOM 60 % (EXW)
 internal combustion
 engine and electric motor
 as motors for propulsion
 other than those capable
 499
 ---pagebreak--- of being charged by
 plugging to external
 source of electric power
 (‘hybrid’);
 - vehicles with both
 internal combustion
 piston engine and electric
 motor as motors for
 propulsion capable of
 being charged by
 plugging to external
 source of electric power
 (‘plug-in hybrid’);
 - vehicles with only
 electric motor for
 propulsion
 Section 2 - Interim product specific rules applicable from 1 January 2024 until 31 December 2026.
 1. For the products listed in column 1 below, the product specific rule listed in column 2 shall
 apply for the period from 1 January 2024 until 31 December 2026.
 Column 1 Column 2
 Harmonised System Product-specific rule of origin applicable from 1 January 2024 until 31
 classification (2017) December 2026
 including specific
 description
 85.07
 - Accumulators CTH except from non-originating active cathode materials;
 containing one or more
 battery cells or battery or
 modules and the circuitry
 to interconnect them MaxNOM 40 % (EXW)
 amongst themselves,
 often referred to as
 “battery packs”, of a kind
 used as the primary
 source of electrical power
 for propulsion of vehicles
 of headings 87.02, 87.03
 and 87.04
 500
 ---pagebreak--- - Battery cells, battery CTH except from non-originating active cathode materials;
 modules, and parts
 thereof, intended to be or
 incorporated into an
 electric accumulator of a MaxNOM 50 % (EXW)
 kind used as the primary
 source of electrical power
 for propulsion of vehicles
 of headings 87.02, 87.03
 and 87.04
 87.02-87.04
 - vehicles with both MaxNOM 55 % (EXW)
 internal combustion
 engine and electric motor
 as motors for propulsion
 other than those capable
 of being charged by
 plugging to external
 source of electric power
 (‘hybrid’);
 - vehicles with both
 internal combustion
 piston engine and electric
 motor as motors for
 propulsion capable of
 being charged by
 plugging to external
 source of electric power
 (‘plug-in hybrid’);
 - vehicles with only
 electric motor for
 propulsion
 Section 3 – Review of Product-Specific rules for Heading 8507
 1. Not earlier than 4 years from the entry into force of this Agreement, the Trade Partnership
 Committee shall, on request of either Party and assisted by the Trade Specialised Committee on
 Customs Cooperation and Rules of Origin, review the product-specific rules for heading 8507
 applicable as from 1 January 2027, contained in Annex ORIG-2 [Product-Specific Rules of Origin].
 2. The review referred to in paragraph 1, shall be made on the basis of available information about
 the markets within the Parties, such as the availability of sufficient and suitable originating materials,
 the balance between supply and demand and other relevant information.
 501
 ---pagebreak--- 3. On the basis of the results of the review carried out pursuant to paragraph 1, the Partnership
 Council may adopt a decision to amend the product-specific rules for heading 8507 applicable as
 from 1 January 2027, contained in Annex ORIG-2 [Product-Specific Rules of Origin].
 502
 ---pagebreak--- ANNEX ORIG-3: SUPPLIER’S DECLARATION
 1. A supplier’s declaration shall have the content set out in this Annex.
 2. Except in the cases referred to in point 3, a supplier’s declaration shall be made out by the
 supplier for each consignment of products in the form provided for in Appendix 1 and annexed
 to the invoice, or to any other document describing the products concerned in sufficient detail
 to enable them to be identified.
 3. Where a supplier regularly supplies a particular customer with products for which the
 production carried out in a Party is expected to remain constant for a period of time, that
 supplier may provide a single supplier’s declaration to cover subsequent consignments of those
 products (the ‘long-term supplier’s declaration’). A long-term supplier’s declaration is normally
 valid for a period of up to two years from the date of making out the declaration. The customs
 authorities of the Party where the declaration is made out may lay down the conditions under
 which longer periods may be used. The long-term supplier’s declaration shall be made out by the
 supplier in the form provided for in Appendix 2 and shall describe the products concerned in
 sufficient detail to enable them to be identified. The supplier shall inform the customer
 immediately if the long-term supplier’s declaration ceases to apply to the products supplied.
 4. The supplier making out a declaration shall be prepared to submit at any time, at the request of
 the customs authorities of the Party where the declaration is made out, all appropriate
 documents proving that the information given on that declaration is correct.
 503
 ---pagebreak--- Appendix 1
 SUPPLIER'S DECLARATION
 The supplier's declaration, the text of which is provided below, must be made out in accordance
 with the footnotes. However, the footnotes do not have to be reproduced.
 SUPPLIER'S DECLARATION
 I, the undersigned, the supplier of the products covered by the annexed document, declare that:
 1. The following materials which do not originate in [indicate the name of the relevant Party] have
 been used in [indicate the name of the relevant Party] to produce these products:
 Description of HS heading of Value of
 Description of the
 non-originating non-originating non-originating
 products supplied(1)
 materials used materials used(2) materials used(2)(3)
 Total value
 2. All the other materials used in [indicate the name of the relevant Party] to produce those
 products originate in [indicate the name of the relevant Party]
 I undertake to make available any further supporting documents required.
 .................................................................................................................................... (Place and Date)
 ..................................................................(Name and position of the undersigned, name and
 address of company)
 .......................................................................................................................................... (Signature)(6)
 _______________
 504
 ---pagebreak--- Appendix 2
 LONG-TERM SUPPLIER'S DECLARATION
 The long-term supplier's declaration, the text of which is given below, must be made out in
 accordance with the footnotes. However, the footnotes do not have to be reproduced.
 LONG-TERM SUPPLIER'S DECLARATION
 I, the undersigned, the supplier of the products covered by the annexed document, which are
 regularly supplied to(4) ................, declare that:
 1. The following materials which do not originate in [indicate the name of the relevant Party] have
 been used in [indicate the name of the relevant Party] to produce these products:
 Value of
 Description of HS heading of
 Description of the non-originating
 non-originating materials non-originating
 products supplied(1) materials
 used materials used(2)
 used(2)(3)
 Total value
 2. All the other materials used in [indicate the name of the relevant Party] to produce those
 products originate in a Party [indicate the name of the relevant Party];
 This declaration is valid for all subsequent consignments of these products dispatched
 from ....................................................................................................................... to
 ....................................................................................................................... ( 5 )
 I undertake to inform ...................................................................................................................... ( 4 )
 immediately if this declaration ceases to be valid.
 .................................................................................................................................... (Place and Date)
 ..................................................................(Name and position of the undersigned, name and
 address of company)
 .......................................................................................................................................... (Signature)
 (6)
 Footnotes
 (1) Where the invoice or other document to which the declaration is annexed relates to different
 kinds of products, or to products which do not incorporate non-originating materials to the same
 extent, the supplier must clearly differentiate them.
 505
 ---pagebreak--- (2) The information requested does not have to be given unless it is necessary.
 Examples:
 One of the rules for garments of Chapter 62 provides “Weaving combined with making-up
 including cutting of fabric”. If a manufacturer of such garments in a Party uses fabric
 imported from the other Party which has been obtained there by weaving non-originating
 yarn, it is sufficient for the supplier in the latter Party to describe in his declaration the non-
 originating material used as yarn, without it being necessary to indicate the HS heading and
 the value of such yarn.
 A producer of wire of iron of HS heading 7217 who has produced it from non-originating iron
 bars should indicate in the second column 'bars of iron'. Where that wire is to be used in the
 production of a machine for which the rule contains a limitation for all non-originating
 materials used to a certain percentage value, it is necessary to indicate in the third column
 the value of non-originating bars.
 (3) ‘Value of non-originating materials used’ means the value of the non-originating materials used
 in the production of the product, which is its customs value at the time of importation, including
 freight, insurance if appropriate, packing and all other costs incurred in transporting the materials to
 the importation port in the Party where the producer of the product is located; where the value of
 the non-originating materials is not known and cannot be ascertained, the first ascertainable price
 paid for the non-originating materials in the Union or in the United Kingdom is used.
 (4) Name and address of the customer
 (5) Insert dates
 (6) This field may contain an electronic signature, a scanned image or other visual representation of
 the signer’s handwritten signature instead of original signatures, where appropriate.
 506
 ---pagebreak--- ANNEX ORIG-4: TEXT OF THE STATEMENT ON ORIGIN
 The statement on origin referred to in Article ORIG.19 [Statement on origin] of this Agreement shall
 be made out using the text set out below in one of the following language versions and in
 accordance with the laws and regulations of the exporting Party. If the statement on origin is
 handwritten, it shall be written in ink in printed characters. The statement on origin shall be made
 out in accordance with the respective footnotes. The footnotes do not have to be reproduced.
 Bulgarian version
 Croatian version
 Czech version
 Danish version
 Dutch version
 English version
 Estonian version
 Finnish version
 French version
 German version
 Greek version
 Hungarian version
 Italian version
 Latvian version
 Lithuanian version
 Maltese version
 Polish version
 Portuguese version
 Romanian version
 Slovak version
 Slovenian version
 Spanish version
 Swedish version
 (Period: from___________ to __________ (1))
 The exporter of the products covered by this document (Exporter Reference No ... (2)) declares that,
 except where otherwise clearly indicated, these products are of ... (3) preferential origin.
 ..................................................................................................................(4)
 (Place and date)
 ..................................................................................................................
 (Name of the exporter)
 1
 If the statement on origin is completed for multiple shipments of identical originating products
 within the meaning of point (b) of Article ORIG.19(4) [Statement on Origin] of this Agreement,
 indicate the period for which the statement on origin is to apply. That period shall not exceed 12
 507
 ---pagebreak--- months. All importations of the product must occur within the period indicated. If a period is not
 applicable, the field may be left blank.
 2
 Indicate the reference number by which the exporter is identified. For the Union exporter, this will
 be the number assigned in accordance with the laws and regulations of the Union. For the United
 Kingdom exporter, this will be the number assigned in accordance with the laws and regulations
 applicable within the United Kingdom. Where the exporter has not been assigned a number, this
 field may be left blank.
 3
 Indicate the origin of the product: the United Kingdom or the Union.
 4
 Place and date may be omitted if the information is contained on the document itself.
 508
 ---pagebreak--- ANNEX ORIG-5: JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA
 1. Products originating in the Principality of Andorra that fall within Chapters 25 to 97 of the
 Harmonised System shall be accepted by the United Kingdom as originating in the Union within the
 meaning of this Agreement.
 2. Paragraph 1 only applies if, by virtue of the customs union established by Council Decision
 90/680/EEC of 26 November 1990 on the conclusion of an agreement in the form of an exchange of
 letters between the European Economic Community and the Principality of Andorra, the Principality
 of Andorra applies to products originating in the United Kingdom the same preferential tariff
 treatment as the Union applies to such products.
 3. Part Two, Heading One [Trade], Title I, Chapter two of this Agreement applies mutatis mutandis for
 the purpose of defining the originating status of products referred to in paragraph 1 of this Joint
 Declaration.
 509
 ---pagebreak--- ANNEX ORIG-6: JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO
 1. Products originating in the Republic of San Marino shall be accepted by the United Kingdom
 as originating in the Union within the meaning of this Agreement.
 2. Paragraph 1 only applies if, by virtue of the Agreement on Cooperation and Customs Union
 between the European Economic Community and the Republic of San Marino, done at
 Brussels on 16 December 1991, the Republic of San Marino applies to products originating in
 the United Kingdom the same preferential tariff treatment as the Union applies to such
 products.
 3. Part Two, Heading One [Trade], Title I, Chapter two of this Agreement applies mutatis
 mutandis for the purposes of defining the originating status of products referred to in
 paragraph 1 of this Joint Declaration.
 510
 ---pagebreak--- ANNEX SPS-1: CRITERIA REFERRED TO IN ARTICLE SPS.19(d)
 The criteria referred to in Article SPS.19(d) are:
 a) the information made available by the exporting Party for the purposes of obtaining import
 authorisation for a given product into the importing party according to Article SPS.7(3)
 [Import conditions and procedures] of this Agreement;
 b) the outcome of audits and verifications by the importing party in accordance with Article
 SPS.11 [Audits and verifications] of this Agreement;
 c) the frequency and severity of non-compliance detected by the importing party on products
 from the exporting party;
 d) the exporting operators’ past record as regards compliance with the requirements of the
 importing party; and
 e) available scientific assessments and any other pertinent information regarding the risk
 associated with the products.
 511
 ---pagebreak--- ANNEX TBT-1: MOTOR VEHICLES AND EQUIPMENT AND PARTS THEREOF
 Article 1: Definitions
 1. For the purposes of this Annex:
 (a) “WP.29” means the World Forum for Harmonisation of Vehicle Regulations within
 the framework of the United Nations Economic Commission for Europe (“UNECE”);
 (b) “1958 Agreement” means the Agreement Concerning the Adoption of Harmonized
 Technical United Nations Regulations for Wheeled Vehicles, Equipment and Parts
 which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for
 Reciprocal Recognition of Approvals Granted on the Basis of these United Nations
 Regulations, done at Geneva on 20 March 1958, administered by the WP.29, and all
 subsequent amendments and revisions thereof;
 (c) “1998 Agreement” means the Agreement concerning the Establishing of Global
 Technical Regulations for Wheeled Vehicles, Equipment and Parts which can be
 Fitted and/or be Used on Wheeled Vehicles, done at Geneva on 25 June 1998,
 administered by the WP.29, and all subsequent amendments and revisions thereof;
 (d) “UN Regulations” means Regulations adopted in accordance with the 1958
 Agreement;
 (e) “GTR” means a Global Technical Regulation established and placed on the Global
 Registry in accordance with the 1998 Agreement;
 (f) “HS 2017” means the 2017 edition of the Harmonised System Nomenclature issued
 by the World Customs Organization;
 (g) “type approval” means the procedure whereby an approval authority certifies that a
 type of vehicle, system, component or separate technical unit satisfies the relevant
 administrative provisions and technical requirements;
 (h) “type-approval certificate” means the document whereby an approval authority
 officially certifies that a type of vehicle, system, component or separate technical
 unit is type-approved.
 2. Terms referred to in this Annex shall have the same meaning as they have in the 1958
 Agreement or in Annex 1 to the TBT Agreement.
 Article 2: Product scope
 This Annex applies to the trade between the Parties of all categories of motor vehicles, equipment
 and parts thereof, as defined in Paragraph 1.1. of UNECE Consolidated Resolution on the
 Construction of Vehicles (R.E.3)96, falling under, inter alia, Chapters 40, 84, 85, 87 and 94 of the HS
 2017 (hereinafter referred to as “products covered”).
 96
 ECE/TRANS/WP.29/78/Rev.6 of 11 July 2017.
 512
 ---pagebreak--- Article 3: Objectives
 With regard to the products covered, the objectives of this Annex are to:
 (a) eliminate and prevent any unnecessary technical barriers to bilateral trade;
 (b) promote the compatibility and convergence of regulations based on international
 standards;
 (c) promote the recognition of approvals based on approval schemes applied under the
 agreements administered by WP.29;
 (d) reinforce competitive market conditions based on principles of openness, non-
 discrimination and transparency;
 (e) promote high levels of protection of human health, safety and the environment; and
 (f) maintain cooperation on issues of mutual interest to foster continued mutually
 beneficial development in trade.
 Article 4: Relevant international standards
 The Parties recognise that the WP.29 is the relevant international standardising body and that UN
 Regulations and GTRs under the 1958 Agreement and 1998 Agreement are relevant international
 standards for the products covered by this Annex.
 Article 5: Regulatory convergence based on relevant international standards
 1. The Parties shall refrain from introducing or maintaining any domestic technical regulation,
 marking, or conformity assessment procedure diverging from UN Regulations or GTRs in areas
 covered by such Regulations or GTRs, including where the relevant UN Regulations or GTRs have not
 been completed but their completion is imminent, unless there are substantiated reasons why a
 specific UN Regulation or GTR is an ineffective or inappropriate means for the fulfilment of
 legitimate objectives pursued, for example, in the areas of road safety or the protection of the
 environment or human health.
 2. A Party which introduces a divergent domestic technical regulation, marking, or conformity
 assessment procedure as referred to in paragraph 1, at the request of the other Party, shall identify
 the parts of the domestic technical regulation, marking, or conformity assessment procedure which
 substantially diverge from the relevant UN Regulations or GTRs and provide justification for the
 divergence.
 3. Each Party shall systematically consider applying UN Regulations adopted after the entry
 into force of this Agreement, and shall inform each other of any changes regarding the
 implementation of those UN Regulations in its respective domestic legal system following the
 protocol established under the 1958 Agreement and in line with Articles 8 and 9.
 4. Insofar as a Party has introduced or maintains domestic technical regulations, markings or
 conformity assessment procedures that diverge from UN Regulations or GTRs as permitted by
 paragraph 1, that Party shall review those domestic technical regulations, markings or conformity
 assessment procedures at regular intervals, preferably not exceeding five years, with a view to
 513
 ---pagebreak--- increasing their convergence with the relevant UN Regulations or GTRs. When reviewing their
 domestic technical regulations, markings and conformity assessment procedures, each Party shall
 consider whether the justification for the divergence still exists. The outcome of these reviews,
 including any scientific and technical information used, shall be notified to the other Party upon
 request.
 5. Each Party shall refrain from introducing or maintaining domestic technical regulations,
 markings, or conformity assessment procedures which have the effect of prohibiting, restricting or
 increasing the burden for the importation and putting into service on their domestic market of
 products type-approved under UN Regulations for the areas covered by those UN Regulations unless
 such domestic technical regulations, markings or conformity assessment procedures are explicitly
 provided for by those UN Regulations.
 Article 6: Type approval and market surveillance
 1 Each Party shall accept on its market products which are covered by a valid UN type-
 approval certificate as compliant with its domestic technical regulations, markings and conformity
 assessment procedures, without requiring any further testing or marking to verify or attest
 compliance with any requirement covered by the UN type approval certificate concerned. In the
 case of vehicle approvals, the UN Universal International Whole Vehicle Type Approval (U-IWVTA)
 shall be considered valid in respect of the requirements covered by the U-IWVTA. UN type-approval
 certificates issued by a Party can only be considered valid if that Party has acceded to the relevant
 UN Regulations.
 2 Each Party shall only be required to accept valid UN type-approval certificates issued
 pursuant to the latest version of the UN Regulations it has acceded to.
 3. For the purpose of paragraph 1, the following shall be considered sufficient proof of the
 existence of a valid UN type-approval:
 (a) for whole vehicles, a valid UN Declaration of Conformance certifying compliance
 with a U-IWVTA;
 (b) for equipment and parts, a valid UN type-approval mark affixed to the product; or
 (c) for equipment and parts to which a UN type-approval mark cannot be affixed, a valid
 UN type-approval certificate.
 4. For the purpose of conducting market surveillance, the competent authorities of a Party may
 verify that the products covered comply, as appropriate, with
 (a) all the domestic technical regulations of that Party; or
 (b) the UN Regulations with which compliance has been attested, in accordance with
 this Article, by a valid UN Declaration of Conformance certifying compliance with a
 U-IWVTA in the case of whole vehicles, or by a valid UN type-approval mark affixed
 to the product or a valid UN type-approval certificate in the case of equipment and
 parts.
 Such verifications shall be carried out by random sampling in the market and in accordance with the
 technical regulations referred to in point (a) or (b) of this paragraph, as the case may be.
 514
 ---pagebreak--- 5. The Parties shall endeavour to cooperate in the field of market surveillance to support the
 identification and addressing of non-conformities of vehicles, systems, components or separate
 technical units.
 6. A Party may take any appropriate measures with respect to vehicles, systems, components
 or separate technical units that present a serious risk to the health or safety of persons or with
 regard to other aspects of the protection of public interests, or that otherwise do not comply with
 applicable requirements. Such measures may include prohibiting or restricting the making available
 on the market, the registration or the entry into service of the vehicles, systems, components or
 separate technical units concerned, or withdrawing them from the market or recalling them. A Party
 that adopts or maintains such measures shall promptly inform the other Party of those measures
 and, at the request of the other Party, shall provide its reasons for adopting those measures.
 Article 7: Products with new technologies or new features
 1. Neither Party shall refuse or restrict the access to its market of a product that is covered by
 this Annex and that has been approved by the exporting Party on the grounds that the product
 incorporates a new technology or a new feature that the importing Party has not yet regulated,
 unless it can demonstrate that it has reasonable grounds for believing that the new technology or
 new feature creates a risk for human health, safety or the environment.
 2. If a Party decides to refuse the access to its market or requires the withdrawal from its
 market of a product of the other Party covered by this Annex on the grounds that it incorporates a
 new technology or a new feature creating a risk for human health, safety or the environment, it shall
 promptly notify that decision to the other Party and to the economic operator or operators
 concerned. The notification shall include all relevant scientific or technical information taken into
 account in the decision.
 Article 8: Cooperation
 1. In order to further facilitate trade in motor vehicles, their parts and equipment, and to
 prevent market access problems, while ensuring human health, safety and environmental
 protection, the Parties shall endeavour to cooperate and to exchange information as appropriate.
 2. Areas of cooperation under this Article may include in particular:
 (a) the development and establishment of technical regulations or related standards;
 (b) the exchange, to the extent possible, of research, information and results linked to
 the development of new vehicle safety regulations or related standards, advanced
 emission reduction, and emerging vehicle technologies;
 (c) the exchange of available information on the identification of safety-related or
 emission-related defects and non-compliance with technical regulations; and
 (d) the promotion of greater international harmonisation of technical requirements
 through multilateral fora, such as the 1958 Agreement and the 1998 Agreement,
 including through cooperation in the planning of initiatives in support of such
 harmonisation.
 515
 ---pagebreak--- Article 9: Working Group on Motor Vehicles and Parts
 1. A Working Group on Motor Vehicles and Parts shall assist the Trade Specialised Committee
 on Technical Barriers to Trade in monitoring and reviewing the implementation and ensuring the
 proper functioning of this Annex.
 2. The functions of the Working Group on Motor Vehicles and Parts shall be the following:
 (a) discussing any matter arising under this Annex, on request of a Party;
 (b) facilitating cooperation and exchange of information in accordance with Article 8;
 (c) carrying out technical discussions in accordance with Article TBT.10 [Technical
 discussions] of this Agreement on matters falling within the scope of this Annex; and
 (d) maintaining a list of contact points responsible for matters arising under this Annex.
 516
 ---pagebreak--- ANNEX TBT-2: MEDICINAL PRODUCTS
 Article 1: Definitions
 1. For the purposes of this Annex:
 (a) “authority” means an authority of a Party as listed in Appendix A;
 (b) “Good Manufacturing Practice" or "GMP” means that part of quality assurance which
 ensures that products are consistently produced and controlled in accordance with the
 quality standards appropriate for their intended use and as required by the applicable
 marketing authorisation or product specifications, as listed in Appendix B;
 (c) "inspection" means an evaluation of a manufacturing facility to determine whether such
 manufacturing facility is operating in compliance with Good Manufacturing Practice and/or
 commitments made as part of the approval to market a product, which is conducted in
 accordance with the laws, regulations and administrative provisions of the relevant Party,
 and includes pre-marketing and post-marketing inspection;
 (d) “official GMP document” means a document issued by an authority of a Party following the
 inspection of a manufacturing facility, including, for example, inspection reports, certificates
 attesting the compliance of a manufacturing facility with GMP, or a GMP non-compliance
 statement.
 Article 2: Scope
 The provisions of this Annex apply to medicinal products as listed in Appendix C.
 Article 3: Objectives
 With regard to the products covered the objectives of this Annex are:
 (a) to facilitate the availability of medicines in each Party’s territory;
 (b) to set out the conditions for the recognition of inspections and for the exchange and
 acceptance of official GMP documents between the Parties;
 (c) to promote public health by safeguarding patient safety and animal health and welfare, as well
 as to protect high levels of consumer and environmental protection, where relevant, by
 promoting regulatory approaches in line with the relevant international standards.
 Article 4: International standards
 The relevant standards for the products covered by this Annex shall ensure a high level of protection
 of public health in line with standards, practices and guidelines developed by the World Health
 Organization (WHO), the Organization for Economic Cooperation and Development (OECD), the
 International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human
 Use (ICH), and the International Cooperation on Harmonisation of Technical Requirements for
 Registration of Veterinary Medicinal Products (VICH).
 Article 5: Recognition of inspections and acceptance of official GMP documents
 517
 ---pagebreak--- 1. A Party shall recognise inspections carried out by the other Party and shall accept official
 GMP documents issued by the other Party in accordance with the laws, regulations and technical
 guidelines listed in Appendix B.
 2. An authority of a Party may in specific circumstances opt not to accept an official GMP
 document issued by an authority of the other Party for manufacturing facilities located in the
 territory of the issuing authority. Examples of such circumstances include the indication of material
 inconsistencies or inadequacies in an inspection report, quality defects identified in post-market
 surveillance or other specific evidence of serious concern in relation to product quality or patient
 safety. Each Party shall ensure that where an authority of a Party opts not to accept an official GMP
 document issued by an authority of the other Party, that authority notifies the relevant authority of
 the other Party of the reasons for not accepting the document and may request clarification from
 the authority of the other Party. The relevant Party shall ensure that its authority endeavours to
 respond to the request for clarification in a timely manner.
 3. A Party may accept official GMP documents issued by an authority of the other Party for
 manufacturing facilities located outside the territory of the issuing authority.
 4. Each Party may determine the terms and conditions under which it accepts official GMP
 documents issued under paragraph 3.
 Article 6: Exchange of official GMP documents
 1. Each Party shall ensure that if an authority of a Party requests an official GMP document
 from the authority of the other Party, the authority of the other Party shall endeavour to transmit
 the document within 30 calendar days of the date of the request.
 2. Each Party shall treat the information in a document obtained pursuant to paragraph 1 as
 confidential.
 Article 7: Safeguards
 1. Each Party has the right to conduct its own inspection of manufacturing facilities that have
 been certified as compliant by the other Party.
 2. Each Party shall ensure that, prior to conducting an inspection under paragraph 1, the
 authority of the Party that intends to conduct the inspection notifies the relevant authority of the
 other Party of the inspection in writing, stating the reasons for conducting its own inspection. The
 authority of the Party that intends to conduct the inspection shall endeavour to notify the authority
 of the other Party in writing at least 30 days before a proposed inspection, but may provide a shorter
 notice in urgent situations. The authority of the other Party may join the inspection.
 Article 8 – Changes to applicable laws and regulations
 1. Each Party shall notify the other Party at least 60 days before adopting any new measures or
 changes relating to Good Manufacturing Practice concerning any of the relevant laws, regulations
 and technical guidelines listed in Appendix B.
 518
 ---pagebreak--- 2. The Parties shall exchange all the necessary information, including changes to their
 respective laws, regulations, technical guidelines or inspection procedures relating to Good
 Manufacturing Practice so that each Party can consider whether the conditions for the recognition
 of inspections and acceptance of official GMP documents pursuant to Article 5(1) continue to exist.
 3. If as a result of any of the new measures or changes referred to in paragraph 1 of this Article,
 a Party considers that it can no longer recognise inspections or accept official GMP documents
 issued by the other Party, it shall notify the other Party of its intention to apply Article 9 and the
 Parties shall enter into consultations within the Working Group on Medicinal Products.
 4. Any notification under this Article shall be done via the designated contact points in the
 Working Group on Medicinal Products.
 Article 9: Suspension
 1. Without prejudice to Article 5(2), each Party has the right to suspend totally or partially the
 recognition of inspections and acceptance of official GMP documents of the other Party pursuant to
 Article 5(1) for all or some of the products listed in Appendix C. That right shall be exercised in an
 objective and reasoned manner. The Party exercising such right shall notify the other Party and
 provide a written justification. A Party shall continue to accept official GMP documents of the other
 Party issued prior to such suspension, unless the Party decides otherwise on the basis of health or
 safety considerations.
 2. Where, following consultations referred to in Article 8(3), a Party nevertheless suspends the
 recognition of inspections and acceptance of official GMP documents pursuant to Article 5(1), it may
 do so in accordance with paragraph 1 of this Article not earlier than 60 days after the
 commencement of the consultations. During that 60-day period, both Parties shall continue to
 recognise inspections and accept official GMP documents issued by an authority of the other Party.
 3. Where recognition of inspections and acceptance of official GMP documents pursuant to
 Article 5(1) is suspended, at the request of a Party, the Parties shall discuss the matter within the
 Working Group on Medicinal Products and they shall make every effort to consider possible
 measures that would enable the recognition of inspections and acceptance of official GMP
 documents to be restored.
 Article 10: Regulatory cooperation
 1. The Parties shall endeavour to consult one another, as permitted by their respective law, on
 proposals to introduce significant changes to technical regulations or inspection procedures,
 including those that affect how documents from the other Party are recognised in accordance with
 Article 5 and, where appropriate, to provide the opportunity to comment on such proposals, without
 prejudice to Article 8.
 2. The Parties shall endeavour to cooperate with a view to strengthening, developing and
 promoting the adoption and implementation of internationally agreed scientific or technical
 guidelines including, where feasible, through the presentation of joint initiatives, proposals and
 approaches in the relevant international organisations and bodies referred to in Article 4.
 Article 11: Amendments to appendices
 519
 ---pagebreak--- The Partnership Council shall have the power to amend Appendix A in order to update the list of
 authorities, Appendix B in order to update list of applicable laws and regulations and technical
 guidelines, and Appendix C in order to update the list of covered products.
 Article 12: Working Group on Medicinal Products
 1. The Working Group on Medicinal Products shall assist the Trade Specialised Committee on
 Technical Barriers to Trade in monitoring and reviewing the implementation and ensuring the proper
 functioning of this Annex.
 2. The functions of this Working Group shall be the following:
 (a) discussing any matter arising under this Annex at the request of a Party;
 (b) facilitating cooperation and exchanges of information for the purposes of Articles
 8and 10;
 (c) functioning as the forum for consultations and discussions for the purposes of
 Articles 8 (3) and 9(3)
 (d) carrying out technical discussions in accordance with Article TBT.10 [Technical
 discussions] of this Agreement on matters falling within the scope of this Annex; and
 (e) maintaining a list of contact points responsible for matters arising under this Annex.
 Article 13 : Non-application of dispute settlement
 Title I [Dispute settlement] of Part Six of this Agreement does not apply in respect of disputes
 regarding the interpretation and application of this Annex.
 520
 ---pagebreak--- APPENDIX A – AUTHORITIES of the Parties
 1) European Union:
 Country For medicinal products for human For medicinal products for veterinary
 use use
 Belgium Federal agency for medicines and See authority for medicinal products
 health products / for human use
 Federaal Agentschap voor
 geneesmiddelen en
 gezondheidsproducten/ Agence
 fédérale des médicaments et
 produits de santé
 Bulgaria Bulgarian Drug Agency / Bulgarian Food Safety Agency/
 ИЗПЪЛНИТЕЛНА АГЕНЦИЯ ПО Българска агенция по безопасност
 ЛЕКАРСТВАТА на храните
 Czechia State Institute for Drug Control/ Institute for State Control of
 Veterinary Biologicals and
 Státní ústav pro kontrolu léčiv (SÚKL) Medicaments /
 Ústav pro státní kontrolu
 veterinárních biopreparátů a léčiv
 (ÚSKVBL)
 Denmark Danish Medicines Agency/ See authority for medicinal products
 for human use
 Laegemiddelstyrelsen
 521
 ---pagebreak--- Germany Federal Institute for Drugs and Federal Office for Consumer
 Medical Devices / Protection and Food Safety /
 Bundesinstitut für Arzneimittel und Bundesamt für Verbraucherschutz
 Medizinprodukte (BfArM) und Lebensmittelsicherheit (BVL)
 Paul-Ehrlich-Institute (PEI), Federal Federal Ministry of Food and
 Institute for Vaccines and Agriculture, Bundesministerium für
 Biomedicines / Paul-Ehrlich-Institut Ernährung und Landwirtschaft
 (PEI) Bundesinstitut für Impfstoffe
 und biomedizinische Arzneimittel
 Federal Ministry of Health /
 Bundesministerium für Gesundheit
 (BMG)/ Zentralstelle der Länder für
 Gesundheitsschutz bei Arzneimitteln
 und Medizinprodukten (ZLG) 97
 Estonia State Agency of Medicines / See authority for medicinal products
 for human use
 Ravimiamet
 Ireland Health Products Regulatory See authority for medicinal products
 Authority (HPRA) for human use
 See authority for medicinal products
 Greece National Organisation for Medicines for human use
 /
 Ethnikos Organismos Farmakon
 (EOF) - (ΕΘΝIΚΟΣ ΟΡΓΑΝIΣΜΟΣ
 ΦΑΡΜΑΚΩΝ))
 Spain Spanish Agency of Medicines and See authority for medicinal products
 Medical Devices / for human use
 Agencia Española de Medicamentos
 y Productos
 Sanitarios 98
 97
 For the purpose of this Annex, and without prejudice to the internal division of competence in Germany on
 matters falling within the scope of this Annex, ZLG shall be understood as covering all the competent
 Länder authorities issuing GMP documents and conducting pharmaceutical inspections.
 98
 For the purpose of this Annex, and without prejudice to the internal division of competence in Spain on
 matters falling within the scope of this Annex, Agencia Española de Medicamentos y Productos Sanitarios
 shall be understood as covering all the competent regional authorities issuing official GMP documents and
 conducting pharmaceutical inspections.
 522
 ---pagebreak--- France French National Agency for French agency for food,
 Medicines and Health Products environmental and occupational
 Safety Agence nationale de sécurité health safety-National Agency for
 du médicament et des produits de Veterinary Medicinal Products/
 santé (ANSM)
 Agence Nationale de Sécurité
 Sanitaire de l’alimentation, de
 l’environnement et du travail-Agence
 Nationale du Médicament Vétérinaire
 (Anses-ANMV)
 Croatia Agency for Medicinal Products and Ministry of Agriculture, Veterinary
 Medical Devices / and Food Safety Directorate /
 Agencija za lijekove i medicinske Ministarstvo Poljoprivrede, Uprava za
 proizvode (HALMED) veterinarstvo i sigurnost hrane
 Italy Italian Medicines Agency / Agenzia Direction General for Animal Health
 Italiana del Farmaco and Veterinary Medicinal Products
 Ministero della Salute, Direzione
 Generale della Sanità Animale e dei
 Farmaci Veterinari
 Cyprus Ministry of Health - Pharmaceutical Ministry of Agriculture, Rural
 Services / Development and Environment-
 Φαρμακευτικές Υπηρεσίες, Veterinary Services /
 Υπουργείο Υγείας
 Κτηνιατρικές Υπηρεσίες- Υπουργείο
 Γεωργίας, Αγροτικής Ανάπτυξης και
 Περιβάλλοντος
 State Agency of Medicines / Assessment and Registration
 Latvia Department of the Food and
 Zāļu valsts aģentūra Veterinary Service/Pārtikas un
 veterinārā dienesta Novērtēšanas un
 reģistrācijas departaments
 Lithuania State Medicines Control Agency / State Food and Veterinary Service /
 Valstybinė vaistų kontrolės tarnyba Valstybinės maisto ir veterinarijos
 tarnyba
 Luxembourg Minìstere de la Santé, Division de la See authority for medicinal products
 523
 ---pagebreak--- Pharmacie et for human use
 des Médicaments
 Hungary Országos Gyógyszerészeti és National Food Chain Safety Office,
 Élelmezés-egészségügyi Intézet / Directorate of Veterinary Medicinal
 National Institute of Pharmacy and Products / Nemzeti Élelmiszerlánc-
 Nutrition biztonsági Hivatal,
 Állatgyógyászati Termékek
 Igazgatósága (ÁTI)
 Medicines Regulatory Authority Veterinary Medicines Section of the
 Malta National Veterinary Laboratory (NVL)
 within
 The Animal Health and Welfare
 Department (AHWD)
 Netherlands Healthcare and Youth Inspectorate / Medicines Evaluation Board /
 Inspectie Gezondheidszorg en Youth
 (IGJ) Bureau Diergeneesmiddelen, College
 ter Beoordeling van Geneesmiddelen
 (CBG)
 Austria Austrian Agency for Health and Food See authority for medicinal products
 Safety / for human use
 Österreichische Agentur für
 Gesundheit und Ernährungssicherheit
 GmbH
 See authority medicinal products for
 The Main Pharmaceutical human use
 Poland Inspectorate /
 Główny Inspektorat Farmaceutyczny
 (GIF) /
 Portugal National Authority of Medicines and General Directorate of Food and
 Health Products / Veterinary / DGAV - Direção Geral de
 Alimentação e Veterinária (PT)
 INFARMED, I.P
 Autoridade Nacional do
 Medicamento e Produtos de Saúde,
 I.P
 Romania National Agency for Medicines and National Sanitary Veterinary and
 Medical Devices / Food Safety Authority / Autoritatea
 Naţională Sanitară Veterinară şi
 524
 ---pagebreak--- Agenţia Naţională a Medicamentului pentru Siguranţa Alimentelor
 şi a Dispozitivelor Medicale
 Slovenia Agency for Medicinal Products and See authority for medicinal products
 Medical for human use
 Devices of the Republic of Slovenia /
 Javna agencija Republike Slovenije za
 zdravila in medicinske pripomočke
 (JAZMP)
 Slovakia State Institute for Drug Control / Institute for State Control of
 Veterinary Biologicals and
 Štátny ústav pre kontrolu liečiv
 (ŠÚKL) Medicaments /
 Ústav štátnej kontroly veterinárnych
 biopreparátov a liečiv (USKVBL)
 Finland Finnish Medicines Agency / See authority for medicinal products
 for human use
 Lääkealan turvallisuus- ja
 kehittämiskeskus (FIMEA)
 See authority for medicinal products
 Sweden Medical Products Agency / for human use
 Läkemedelsverket
 2) United Kingdom
 Medicines and Healthcare Products Regulatory Agency
 Veterinary Medicines Directorate
 525
 ---pagebreak--- APPENDIX B – List of applicable laws, regulations and technical guidelines relating to Good
 Manufacturing Practice
 (1) For the European Union:
 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the
 Community code relating to medicinal products for human use;99
 Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the
 Community code relating to veterinary medicinal products;100
 Directive 2001/20/EC of European Parliament and of the Council of 4 April 2001 on the
 approximation of the laws, regulations and administrative provisions of the Member States relating
 to the implementation of good clinical practice in the conduct of clinical trials on medicinal products
 for human use;101
 Regulation (EU) 536/2014 of 16 April 2014 on clinical trials on medicinal products for human use,
 and repealing Directive 2001/20/EC;102
 Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying
 down Community procedures for the authorisation and supervision of medicinal products for human
 and veterinary use and establishing a European Medicines Agency;103
 Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007
 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC)
 No 726/2004;104
 Commission Directive 2003/94/EC of 8 October 2003 laying down the principles and guidelines of
 good manufacturing practice in respect of medicinal products for human use and investigational
 medicinal products for human use;105
 Commission Directive 91/412/EEC of 23 July 1991 laying down the principles and guidelines of good
 manufacturing practice for veterinary medicinal products;106
 Commission Directive (EU) 2017/1572 of 15 September 2017 supplementing Directive 2001/83/EC of
 the European Parliament and of the Council as regards the principles and guidelines of good
 manufacturing practice for medicinal products for human use;107
 Commission Delegated Regulation (EU) 1252/2014 of 28 May 2014 of the European Parliament and
 of the Council with regard to principles and guidelines of good manufacturing practice for active
 substances for medicinal products for human use;108
 99
 OJ L 311, 28.11.2001, p. 67.
 100
 OJ L 311, 28.11.2001, p. 1.
 101
 OJ L 121, 1.5.2001, p. 34.
 102
 OJ L 158, 27.5.2014, p. 1.
 103
 OJ L 136, 30.4.2004, p. 1
 104
 OJ L 324, 10.12.2007, p. 121.
 105
 OJ L 262, 14.10.2003, p. 22.
 106
 OJ L 228, 17.8.1991, p. 70.
 107
 OJ L 238, 16.9.2017, p. 44.
 526
 ---pagebreak--- Commission Delegated Regulation (EU) 2017/1569 of 23 May 2017 supplementing Regulation (EU)
 No 536/2014 of the European Parliament and of the Council by specifying principles of and
 guidelines for good manufacturing practice for investigational medicinal products for human use and
 arrangements for inspections;109
 Current version of the Guide to good manufacturing practice contained in volume IV of Rules
 governing medicinal products in the European Union and compilation of the community procedures
 on inspections and exchange of information.
 (2) For the United Kingdom:
 The Human Medicines Regulations 2012 (SI 2012/1916)
 The Medicines for Human Use (Clinical Trials) Regulations 2004 (SI 2004/1031
 The Veterinary Medicines Regulations 2013 (SI 2013/2033)
 Regulations on good manufacturing practice made under regulation B17, and guidelines on good
 manufacturing practice published pursuant to regulation C17, of the Human Medicines Regulations
 2012
 The principles and guidelines on good manufacturing practice applicable for the purposes of
 Schedule 2 to the Veterinary Medicines Regulations 2013
 108
 OJ L 337, 25.11.2014, p. 1.
 109
 OJ L 238, 16.9.2017, p. 12.
 527
 ---pagebreak--- APPENDIX C – COVERED PRODUCTS
 Medicinal products for human use and veterinary use:
  marketed medicinal products for human or veterinary use, including marketed biological and
 immunological products for human and veterinary use,
  advanced therapy medicinal products,
  active pharmaceutical ingredients for human or veterinary use,
  investigational medicinal products.
 528
 ---pagebreak--- ANNEX TBT-3: CHEMICALS
 Article 1: Definitions
 For the purposes of this Annex:
 (a) “responsible authorities” means
 (i) For the Union: the European Commission;
 (ii) For the United Kingdom: the government of the United Kingdom.
 (b) “UN GHS” means the United Nations Globally Harmonized System of Classification and
 Labelling of Chemicals.
 Article 2: Scope
 This Annex applies to the trade, regulation, import and export of chemicals between the Union and
 the United Kingdom in respect of their registration, evaluation, authorisation, restriction, approval,
 classification, labelling and packaging.
 Article 3: Objectives
 1. The objectives of this Annex are to:
 (a) facilitate the trade of chemicals and related products between the Parties;
 (b) ensure high levels of protection for the environment, and human and animal health;
 and
 (c) provide for cooperation between Union and United Kingdom responsible authorities.
 2. The Parties acknowledge that the commitments made under this Annex do not prevent
 either Party from setting its own priorities on chemicals regulation, including establishing its own
 levels of protection in respect of the environment, and human and animal health.
 Article 4: Relevant international organisations and bodies
 The Parties recognise that international organisations and bodies, in particular the OECD and the
 Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of
 Chemicals (SCEGHS) of the United Nations Economic and Social Council (ECOSOC), are relevant for
 developing scientific and technical guidelines with respect to chemicals.
 Article 5: Participation in relevant international organisations and bodies and regulatory
 developments
 1. The Parties shall actively contribute to the development of the scientific or technical
 guidelines referred to in Article 4 with respect to the assessment of hazards and risks of chemicals
 and the formats for documenting the results of such assessments.
 2. Each Party shall implement any guidelines issued by the international organisations and
 bodies referred to in Article 4, unless those guidelines would be ineffective or inappropriate for the
 achievement of that Party’s legitimate objectives.
 529
 ---pagebreak--- Article 6: Classification and labelling of chemicals
 1. Each Party shall implement the UN GHS as comprehensively as it considers feasible within its
 respective system, including for chemicals that are not within the scope of this Annex, except where
 there are specific reasons to apply a different labelling system for particular chemical products in
 their finished state intended for the final user. Each Party shall periodically update its
 implementation based on the regularly issued revisions of the UN GHS.
 2. Where the responsible authority of a Party intends to classify individual substances in
 accordance with its respective rules and procedures, it shall give the responsible authority of the
 other Party the possibility of expressing its views in accordance with those respective rules and
 procedures within the applicable timelines.
 3. Each Party shall make information about its procedures related to the classification of
 substances publicly available in accordance with its respective rules and procedures. Each Party shall
 endeavour to respond to comments received from the other Party pursuant to paragraph 2.
 4. Nothing in this Article shall oblige either Party to achieve any particular outcome regarding
 the implementation of the UN GHS in its territory or regarding the classification of a given substance,
 or to advance, suspend or delay its respective procedures and decision-making processes.
 Article 7: Cooperation
 1. The Parties recognise that voluntary cooperation on chemicals regulation can facilitate trade
 in ways that benefit consumers, businesses and the environment and that contribute to enhancing
 the protection of human and animal health.
 2. The Parties commit to facilitating the exchange of non-confidential information between
 their responsible authorities, including through cooperation on electronic formats and tools used to
 store data.
 3. The Parties shall cooperate where appropriate with a view to strengthening, developing and
 promoting the adoption and implementation of internationally agreed scientific or technical
 guidelines, including, where feasible, through the presentation of joint initiatives, proposals and
 approaches in the relevant international organisations and bodies, in particular those referred to in
 Article 4.
 4. The Parties shall cooperate, if considered beneficial by both Parties, with regard to the
 dissemination of data related to chemicals safety, and shall make such information available to the
 public with the objective of ensuring easy access to and the comprehensibility of that information by
 different target groups. Upon request of either Party, the other Party shall provide available non-
 confidential information on chemicals safety to the requesting Party.
 5. If a Party so requests and the other Party agrees to do so, the Parties shall enter into
 consultations on scientific information and data in the context of new and emerging issues related to
 the hazards or risks posed by chemicals to human health or the environment, with a view to creating
 a common pool of knowledge and, if feasible, and to the extent possible, promoting a common
 understanding of the science related to such issues.
 530
 ---pagebreak--- Article 8: Information exchange
  The Parties shall cooperate and exchange information with respect to any issue relevant for
 the implementation of this Annex within the Trade Specialised Committee on Technical Barriers to
 Trade.
 531
 ---pagebreak--- ANNEX TBT-4: ORGANIC PRODUCTS
 Article 1: Objective and scope
 1. The objective of this Annex is to set out the provisions and procedures for fostering trade in
 organic products in accordance with the principles of non-discrimination and reciprocity, by means
 of the recognition of equivalence by the Parties of their respective laws.
 2. This Annex applies to the organic products listed in Appendices A and B which comply with
 the laws and regulations listed in Appendix C or D. The Partnership Council shall have the power to
 amend Appendices A, B, C and D.
 Article 2: Definitions
 For the purposes of this Annex:
 “competent authority” means an official agency that has jurisdiction over the laws and regulations
 listed in Appendix C or D and is responsible for the implementation of this Annex;
 “control authority” means an authority on which the competent authority has conferred, in whole or
 in part, its competence for inspections and certifications in the field of organic production in
 accordance with the laws and regulations listed in Appendix C or D;
 “control body” means an entity recognised by the competent authority to carry out inspections and
 certifications in the field of organic production in accordance with the laws and regulations listed in
 Appendix C or D; and
 "equivalence" means the capability of different laws, regulations and requirements, as well as
 inspection and certification systems, of meeting the same objectives.
 Article 3: Recognition of equivalence
 1. With respect to products listed in Appendix A, the Union shall recognise the laws and
 regulations of the United Kingdom listed in Appendix C as equivalent to the Union's laws and
 regulations listed in Appendix D.
 2. With respect to products listed in Appendix B, the United Kingdom shall recognise the laws
 and regulations of the Union listed in Appendix D as equivalent to the United Kingdom's laws and
 regulations listed in Appendix C.
 3. In view of the date of application of 1 January 2022 of Regulation (EU) 2018/848 of the
 European Parliament and of the Council of 30 May 2018 on organic production and labelling of
 organic products and repealing Council Regulation (EC) No 834/2007, the recognition of equivalence
 referred to in paragraphs 1 and 2 shall be reassessed by each Party by 31 December 2023. If, as a
 result of that reassessment, equivalence is not confirmed by a Party, recognition of equivalence shall
 be suspended.
 4. Without prejudice to paragraph 3, in the event of the modification, revocation or
 replacement of the laws and regulations listed in Appendix C or D, the new rules shall be considered
 equivalent to the other Party’s rules unless a Party objects in accordance with the procedure set out
 in paragraphs 5 and 6.
 532
 ---pagebreak--- 5. If, following the receipt of further information from the other Party that it has requested, a
 Party considers that the laws, regulations or administrative procedures or practices of the other
 Party no longer meet the requirements for equivalence, that Party shall issue a reasoned request to
 the other Party to amend the relevant laws, regulations or administrative procedures or practices,
 and shall provide the other Party with an adequate period, which shall not be less than three
 months, for ensuring equivalence.
 6. If, following the expiry of the period in paragraph 5, the Party concerned still considers that
 the requirements for equivalence are not met, it may take a decision to unilaterally suspend the
 recognition of equivalence of the relevant laws and regulations listed in Appendix C or D, as regards
 the relevant organic products listed in Appendix A or B.
 7. A decision to unilaterally suspend the recognition of equivalence of the laws and regulations
 listed in Appendix C or D, as regards the relevant organic products listed in Appendix A or B may also
 be taken, following the expiry of a notice period of three months, where a Party has not provided
 the information required under Article 6 or does not agree to a peer review under Article 7.
 8. Where recognition of equivalence is suspended in accordance with this Article, at the
 request of a Party, the Parties shall discuss the matter within the Working Group on Organic
 Products and they shall make every effort to consider possible measures that would enable
 recognition of equivalence to be restored.
 9. With respect to products not listed in Appendix A or B, equivalence shall be discussed by the
 Working Group on Organic Products at the request of a Party.
 Article 4: Import and placing on the market
 1. The Union shall accept the import into its territory of the products listed in Appendix A, and
 the placing of those products on the market as organic products, provided that those products
 comply with the laws and regulations of the United Kingdom listed in Appendix C and are
 accompanied by a certificate of inspection issued by a control body recognised by the United
 Kingdom and indicated to the Union as referred to in paragraph 3.
 2. The United Kingdom shall accept the import into its territory of the products listed in
 Appendix B, and the placing of those products on the market as organic products, provided that
 those products comply with the laws and regulations of the Union listed in Appendix D and are
 accompanied by a certificate of inspection issued by a control body recognised by the Union and
 indicated to the United Kingdom as referred to in paragraph 3.
 3. Each Party recognises the control authorities or control bodies indicated by the other Party
 as responsible for performing the relevant controls as regards organic products covered by the
 recognition of equivalence as referred to in Article 3 and for issuing the certificate of inspection as
 referred to in paragraphs 1 and 2 of this Article with a view to their import into and placing on the
 market in the territory of the other Party.
 4. The importing Party, in cooperation with the other Party, shall assign code numbers to each
 relevant control authority and control body indicated by the other Party.
 533
 ---pagebreak--- Article 5: Labelling
 1. Products imported into the territory of a Party in accordance with this Annex shall meet the
 requirements for labelling set out in the laws and regulations of the importing Party listed in
 Appendices C and D. Those products may bear the Union’s organic logo, any United Kingdom
 organic logo or both logos, as set out in the relevant laws and regulations, provided that those
 products comply with the labelling requirements for the respective logo or both logos.
 2. The Parties undertake to avoid any misuse of the terms referring to organic production in
 relation to organic products that are covered by the recognition of equivalence under this Annex.
 3. The Parties undertake to protect the Union’s organic logo and any United Kingdom organic
 logo set out in the relevant laws and regulations against any misuse or imitation. The Parties shall
 ensure that the Union’s organic logo and any United Kingdom organic logo are used only for the
 labelling, advertising or commercial documents of organic products that comply with the laws and
 regulations listed in Appendices C and -D.
 Article 6: Exchange of information
 1. The Parties shall exchange all relevant information with respect to the implementation and
 application of this Annex. In particular, by 31 March of the second year following the entry into force
 of this Agreement, and by 31 March of each following year, each Party shall send to the other:
 (a) a report that contains information with respect to the types and quantities of organic
 products exported under this Annex, covering the period from January to December of
 the previous year;
 (b) a report on the monitoring and supervisory activities carried out by its competent
 authorities, the results obtained, and the corrective measures taken, covering the
 period from January to December of the previous year; and
 (c) details of observed irregularities and infringements of the laws and regulations listed
 in Appendix C or D, as relevant.
 2. Each Party shall inform the other Party without delay of:
 (a) any update to the list of its competent authorities, control authorities and control
 bodies, including the relevant contact details (in particular the address and the
 internet address);
 (b) any changes or repeals it intends to make in respect of laws or regulations listed in
 Appendix C or Appendix D, any proposals for new laws or regulations or any relevant
 proposed changes to administrative procedures and practices related to organic
 products covered by this Annex; and
 (c) any changes or repeals it has adopted in respect of laws or regulations listed in
 Appendix C or Appendix D, any new legislation or relevant changes to administrative
 procedures and practices related to organic products covered by this Annex.
 534
 ---pagebreak--- Article 7: Peer reviews
 1. Following advance notice of at least six months, each Party shall permit officials or experts
 designated by the other Party to conduct peer reviews in its territory to verify that the relevant
 control authorities and control bodies are carrying out the controls required to implement this
 Annex.
 2. Each Party shall cooperate with and assist the other Party, to the extent permitted under the
 applicable law, in carrying out the peer reviews referred to in paragraph 1, which may include visits
 to offices of relevant control authorities and control bodies, processing facilities and certified
 operators.
 Article 8: Working Group on Organic Products
 1. The Working Group on Organic Products shall assist the Trade Specialised Committee on
 Technical Barriers to Trade in monitoring and reviewing the implementation and ensuring the proper
 functioning of this Annex.
 2. The functions of the Working Group on Organic Products shall be the following:
 (a) discussing any matter arising under this Annex at the request of a Party, including any
 possible need for amendments to this Annex or any of its Appendices;
 (b) facilitating cooperation regarding laws, regulations, standards and procedures
 concerning the organic products covered by this Annex, including discussions on any
 technical or regulatory issue related to rules and control systems; and
 (c) carrying out technical discussions in accordance with Article TBT.10 [Technical
 discussions] of this Agreement on matters falling within the scope of this Annex.
 535
 ---pagebreak--- APPENDIX A
 ORGANIC PRODUCTS FROM THE UNITED KINGDOM FOR WHICH THE UNION RECOGNISES
 EQUIVALENCE
 Description Comments
 Unprocessed plant products
 Live animals or unprocessed animal products Includes Honey
 Aquaculture products and seaweeds
 Processed agricultural products for use as food
 Processed agricultural products for use as feed
 Seeds and propagating material
 The organic products listed in this Appendix shall be unprocessed agricultural or aquaculture
 products produced in the United Kingdom or processed agricultural products for use as food or feed
 that have been processed in the United Kingdom with ingredients that have been grown in the
 United Kingdom or that have been imported into the United Kingdom in accordance with United
 Kingdom laws and regulations.
 536
 ---pagebreak--- APPENDIX B
 ORGANIC PRODUCTS FROM THE UNION FOR WHICH THE UNITED KINGDOM RECOGNISES
 EQUIVALENCE
 Description Comments
 Unprocessed plant products
 Live animals or unprocessed animal products Includes Honey
 Aquaculture products and seaweeds
 Processed agricultural products for use as food
 Processed agricultural products for use as feed
 Seeds and propagating material
 The organic products listed in this Appendix shall be unprocessed agricultural or aquaculture
 products produced in the Union or processed agricultural products for use as food or feed that have
 been processed in the Union with ingredients that have been grown in the Union or that have been
 imported into the Union in accordance with the Union laws and regulations.
 537
 ---pagebreak--- APPENDIX C
 LAWS AND REGULATIONS ON ORGANIC PRODUCTSAPPLICABLE IN THE UNITED KINGDOM110
 The following laws and regulations applicable in the United Kingdom:
 1. Retained REGULATION (EC) No 834/2007
 2. Retained REGULATION (EC) No 889/2008
 3. Retained REGULATION (EC) No 1235/2008
 4. The Organic Products Regulations 2009
 110
 References in this list to Retained Union law are deemed to be references to such legislation, as amended
 by the United Kingdom to apply to the United Kingdom.
 538
 ---pagebreak--- APPENDIX D
 LAWS AND REGULATIONS ON ORGANIC PRODUCTS APPLICABLE IN THE UNION
 The following laws and regulations applicable in the Union:
 1. Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of
 organic products and repealing Regulation (EEC) No 2092/91111
 2. Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for
 the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling
 of organic products with regard to organic production, labelling and control112
 3. Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for
 implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for
 imports of organic products from third countries113
 111
 OJ L 189, 20.7.2007, p. 1.
 112
 OJ L 250, 18.9.2008, p. 1.
 113
 OJ L 334, 12.12.2008, p. 25.
 539
 ---pagebreak--- ANNEX-TBT-5: TRADE IN WINE
 Article 1: Scope and definitions
 1. This Annex applies to wine falling under Heading 22.04 of the Harmonised System.
 2. For the purposes of this Annex, “wine produced in” means fresh grapes, grape must and
 grape must in fermentation that have been turned into wine or added to wine in the territory of the
 exporting Party.
 Article 2: Product definitions, oenological practices and processes
 1. Oenological practices for wine recommended and published by the International
 Organisation of the Vine and Wine (“OIV”) shall be considered relevant international standards for
 the purposes of this Annex.
 2. Each Party shall authorise the importation and sale for consumption of wine produced in the
 other Party, if that wine has been produced in accordance with:
 (a) product definitions authorised in each Party under the laws and regulations referred to
 in Appendix A;
 (b) the oenological practices established in each Party under the laws and regulations
 referred to in Appendix A that are in accordance with the relevant OIV standards; and
 (c) Oenological practices and restrictions established in each Party that are not in
 accordance with the relevant OIV standards, listed in Appendix B.
 3. The Partnership Council shall have the power to amend the Appendices referred to in
 paragraph 2.
 Article 3: Certification requirements on import in the respective territories of the Parties
 1. For wine produced in a Party and placed on the market in the other Party, the
 documentation and certification that may be required by either Party shall be limited to a certificate,
 as set out in Appendix C, authenticated in conformity with the exporting Party’s laws and
 regulations.
 2. A certificate required under paragraph 1 may take the form of an electronic
 document. Access to the electronic document or to the data necessary for its establishment shall be
 given by each Party on request of the competent authorities of the other Party where the goods are
 to be released into free circulation. If access to the relevant electronic systems is not available, the
 necessary data may also be requested in the form of a paper document.
 3. The Partnership Council shall have the power to amend Appendix C.
 4. The methods of analysis recognised as reference methods by the OIV and published by the
 OIV shall be the reference methods for the determination of the analytical composition of the wine
 in the context of control operations.
 540
 ---pagebreak--- Article 4: Food information and lot codes
 1. Unless otherwise specified in this Article, labelling of wine imported and marketed under
 this Agreement shall be conducted in compliance with the laws and regulations that apply in the
 territory of the importing Party.
 2. A Party shall not require any of the following dates or their equivalent to appear on the
 container, label, or packaging of wine:
 (a) the date of packaging;
 (b) the date of bottling;
 (c) the date of production or manufacture;
 (d) the date of expiration, use by date, use or consume by date, expire by date;
 (e) the date of minimum durability, best-by-date, best quality before date; or
 (f) the sell-by-date.
 By way of derogation from point (e) of the first subparagraph, a Party may require the display of a
 date of minimum durability on products that on account of the addition of perishable ingredients
 could have a shorter date of minimum durability than would normally be expected by the consumer.
 3. Each Party shall ensure that a code is indicated on the label of packaged products that allows
 for the identification of the lot to which the product belongs, in accordance with the legislation of
 the Party exporting the packaged product. The lot code shall be easily visible, clearly legible and
 indelible. A Party shall not allow the marketing of packaged products which do not comply with the
 requirements set out in this paragraph.
 4. Each Party shall permit mandatory information, including translations or an indication of the
 number of standard drinks or alcohol units whenever required, to be displayed on a supplementary
 label affixed to a wine container. Supplementary labels may be affixed to a wine container after
 importation but prior to the product being placed on the market in the Party's territory, provided
 that the mandatory information is fully and accurately displayed.
 5. The importing Party shall not require the display on the label of allergens which have been
 used in the production of wine but are not present in the final product.
 Article 5: Transitional measures
 Wine which, at the date of entry into force of this Agreement, has been produced, described and
 labelled in accordance with the laws and regulations of a Party but in a manner that does not comply
 with this Annex, may continue to be labelled and placed on the market as follows:
 (a) by wholesalers or producers, for a period of two years from the entry into force of this
 Agreement; and
 (b) by retailers, until stocks are exhausted.
 Article 6: Information exchange
 The Parties shall cooperate and exchange information on any issue relevant for the implementation
 of this Annex within the Trade Specialised Committee on Technical Barriers to Trade.
 541
 ---pagebreak--- Article 7: Review
 No later than three years from the entry into force of this Agreement, the Parties shall consider
 further steps to facilitate trade in wine between the Parties.
 542
 ---pagebreak--- APPENDIX A – LAWS AND REGULATIONS OF THE PARTIES
 Laws and regulations of the United Kingdom114
 Laws and regulations referred to in Article 2(2) concerning:
 a) product definitions:
 (i) Retained Regulation (EU) No 1308/2013, in particular production rules in the wine
 sector, in accordance with Articles 75, 81 and 91, Part IV of Annex II and Part II of
 Annex VII to that Regulation and its implementing rules, including subsequent
 modifications;
 (ii) Retained Commission Delegated Regulation (EU) 2019/33, in particular Articles 47,
 52 to 54 and Annexes III, V and VI to that Regulation, including subsequent
 modifications;
 (iii) Retained Regulation (EU) No 1169/2011 and its implementing rules, including
 subsequent modifications;
 b) oenological practices and restrictions:
 (i) Retained Regulation (EU) No 1308/2013, in particular oenological practices and
 restrictions in accordance with Articles 80 and 83 and Annex VIII to that Regulation
 and its implementing rules, including subsequent modifications;
 (ii) Retained Commission Delegated Regulation (EU) 2019/934, including subsequent
 modifications.
 Laws and regulations of the Union:
 Laws and regulations referred to in Article 2(2) concerning:
 a) product definitions:
 (i) Regulation (EU) No 1308/2013 of the European Parliament and of the Council115, in
 particular production rules in the wine sector, in accordance with Articles 75, 81 and
 91, Part IV of Annex II and Part II of Annex VII to that Regulation and its
 implementing rules, including subsequent modifications;
 (ii) Commission Delegated Regulation (EU) 2019/33116, in particular Articles 47, 52 to 54
 and Annexes III, V and VI to that Regulation, including subsequent modifications;
 114
 References in this list to Retained Union law are deemed to be references to such legislation, as amended
 by the United Kingdom to apply to the United Kingdom.
 115
 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013
 establishing a common organisation of the markets in agricultural products and repealing Council
 Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347,
 20.12.2013, p. 671).
 116
 Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No
 1308/2013 of the European Parliament and of the Council as regards applications for protection of
 designations of origin, geographical indications and traditional terms in the wine sector, the objection
 procedure, restrictions of use, amendments to product specifications, cancellation of protection, and
 labelling and presentation (OJ L 9, 11.1.2019, p. 2).
 543
 ---pagebreak--- (iii) Regulation (EU) No 1169/2011 of the European Parliament and of the Council117,
 including subsequent modifications.
 a) oenological practices and restrictions:
 (i) Regulation (EU) No 1308/2013, in particular oenological practices and restrictions in
 accordance with Articles 80 and 83 and Annex VIII to that Regulation and its
 implementing rules, including subsequent modifications;
 (ii) Commission Delegated Regulation (EU) 2019/934118, including subsequent
 modifications.
 117
 Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the
 provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No
 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive
 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the
 European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and
 Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
 118
 Commission Delegated Regulation (EU) 2019/934 of 12 March 2019 supplementing Regulation (EU) No
 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the
 alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the
 production and conservation of grapevine products, the minimum percentage of alcohol for by-products
 and their disposal, and publication of OIV files (OJ L 149, 7.6.2019, p. 1).
 544
 ---pagebreak--- APPENDIX B – ADDITIONAL OENOLOGICAL PRACTICES AND RESTRICTIONS JOINTLY ACCEPTED BY THE
 PARTIES
 (1) Concentrated grape must, rectified concentrated grape must and sucrose may be used for
 enrichment and sweetening under the specific and limited conditions set out in Part I of Annex
 VIII to Regulation (EU) No 1308/2013 and in Part I of Annex VIII to Retained Regulation (EU) No
 1308/2013, subject to the exclusion of use of these products in a reconstituted form in wines
 covered by this Agreement.
 (2) The addition of water in winemaking is not allowed, except where required on account of a
 specific technical necessity.
 (3) Fresh lees may be used under the specific and limited conditions set out in line item 11.2 of
 Table 2 of Part A of Annex I to Commission Delegated Regulation (EU) 2019/934 and in line
 item 11.2 of Table 2 of Part A of Annex I to Retained Commission Delegated Regulation (EU)
 2019/934.
 545
 ---pagebreak--- APPENDIX C – TEMPLATE FOR SELF-CERTIFICATE FOR WINE IMPORTED FROM THE [EUROPEAN
 UNION / UNITED KINGDOM] INTO THE [UNITED KINGDOM / EUROPEAN UNION] (1)
 1. Exporter (name and address) 2. Serial No (2)
 3. Importer (name and address) 4. Competent authority at the place of dispatch
 in the [European Union / United Kingdom] (3)
 5. Customs stamp (for official [European Union / United Kingdom] use only)
 6. Means of transport and transport details (4) 7. Place of unloading (if different from 3)
 8. Description of the imported product (5) 9. Quantity in l/hl/kg
 10. Number of containers (6)
 11. Certificate
 ‘The product described above is intended for direct human consumption and complies with the
 definitions and oenological practices authorised under Annex TBT-5: Trade in Wine to the Trade and
 Cooperation Agreement between the European Union and the European Atomic Energy Community, of
 the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part. It has
 been produced by a producer who is subject to inspection and supervision by the following competent
 authority (7):
 Consignor certifying the above information (8)
 Identification of the consignor (9)
 Place, date and signature of the consignor
 546
 ---pagebreak--- (1) In accordance with Article 3(1) of Annex TBT-5: Trade in Wine to the Trade and Cooperation
 Agreement between the European Union and the European Atomic Energy Community, of the
 one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.
 (2) Indicate the traceability number of the consignment, i.e. a serial number that identifies the
 consignment in the records of the exporter.
 (3) Indicate full name, address and contact details of the competent authority in one of the Member
 States of the European Union or in the United Kingdom from which the consignment is exported
 that is responsible for verifying the information referred to in this certificate.
 (4) Indicate transport used for delivery to the point of entry into the European Union or the United
 Kingdom; specify transport mode (ship, airplane, etc.), give name of the mean of transport
 (name of ship, number of flight, etc.)
 (5) Indicate the following information:
  sale designation, as it appears on the label,
  name of producer,
  wine-growing region,
  name of the country of production (one of the Member States of the European Union, or the
 United Kingdom),
  name of the GI, if relevant,
  total alcoholic strength by volume,
  colour of the product (state ‘red’, ‘rosé’, ‘pink’ or ‘white’ only),
  Combined Nomenclature code (CN code).
 (6) A container means a receptacle for wine of less than 60 litres. The number of containers may be
 the number of bottles.
 (7) Indicate full name, address and contact details of relevant competent authority in one of the
 Member States of the European Union or in the United Kingdom.
 (8) Indicate full name, address and contact details of the consignor.
 (9) Indicate:
  For the European Union: the System of Exchange of Excise Data (SEED) excise number, or
 VAT number in case the consignor has no SEED number, or reference to the number in the
 list or register provided for in Article 8(3) of Commission Delegated Regulation (EU)
 2018/273119;
  For the United Kingdom: the System of Exchange of Excise Data (SEED) excise number, or
 VAT number in case the consignor has no SEED number, or reference to the WSB number.
 119
 Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No
 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine
 plantings, the vineyard register, accompanying documents and certification, the inward and outward
 register, compulsory declarations, notifications and publication of notified information, and supplementing
 Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant
 checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No
 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation
 (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1).
 547
 ---pagebreak--- ANNEX TBT-XX – ARRANGEMENT REFERRED TO IN ARTICLE TBT.9(4) FOR THE REGULAR EXCHANGE
 OF INFORMATION IN RELATION TO THE SAFETY OF NON-FOOD PRODUCTS AND RELATED
 PREVENTIVE, RESTRICTIVE AND CORRECTIVE MEASURES
 [This Annex shall establish an arrangement for the regular exchange of information between the
 Union’s Rapid Alert System for non-food products (RAPEX), or its successor, and the United Kingdom’s
 database relating to market surveillance and product safety established under the General Product
 Safety Regulations 2005, or its successor.
 In accordance with Article TBT.9(8), the arrangement shall specify the type of information to be
 exchanged, the modalities for the exchange and the application of confidentiality and personal data
 protection rules.]
 548
 ---pagebreak--- ANNEX TBT-ZZ – ARRANGEMENT REFERRED TO IN ARTICLE TBT.9(5) FOR THE REGULAR EXCHANGE
 OF INFORMATION REGARDING MEASURES TAKEN ON NON-COMPLIANT NON-FOOD PRODUCTS,
 OTHER THAN THOSE COVERED BY ARTICLE TBT.9(4)
 [This Annex shall establish an arrangement for the regular exchange of information, including the
 exchange of information by electronic means, regarding measures taken on non-compliant non-food
 products, other than those covered by Article TBT.9(4).
 In accordance with Article TBT.9(8), the arrangement shall specify the type of information to be
 exchanged, the modalities for the exchange and the application of confidentiality and personal data
 protection rules.]
 549
 ---pagebreak--- ANNEX CUSTMS-1: AUTHORISED ECONOMIC OPERATORS
 Article 1 Criteria for and treatment of Authorised Economic Operators
 1. The specified criteria for qualification as an Authorised Economic Operator ("AEO") referred to in
 Article CUSTMS.9 [Authorised Economic Operators] of this Agreement, shall be established by the
 Parties’ laws, regulations or procedures. The specified criteria, which shall be published, shall
 include:
 (a) the absence of any serious infringement or repeated infringements of customs legislation and
 taxation rules, including no record of serious criminal offences relating to the economic activity of
 the applicant;
 (b) the demonstration by the applicant of a high level of control of his or her operations and of the
 flow of goods, by means of a system of managing commercial and, where appropriate, transport
 records, which allows appropriate customs controls;
 (c) financial solvency which shall be deemed to be proven where the applicant has good financial
 standing, which enables him or her to fulfil his or her commitments, with due regard to the
 characteristics of the type of business activity concerned; and
 (d) appropriate security and safety standards which shall be considered as fulfilled where the
 applicant demonstrates that he or she maintains appropriate measures to ensure the security and
 safety of the international supply chain including in the areas of physical integrity and access
 controls, logistical processes and handling of specific types of goods, personnel and identification of
 his or her business partners.
 2. The specified criteria for qualification as an AEO shall not be designed or applied so as to afford or
 create arbitrary or unjustifiable discrimination between operators where the same conditions
 prevail. Those criteria shall allow small and medium-sized enterprises to qualify as AEOs.
 3. The trade partnership programme referred to in Article CUSTMS.9 [Authorised Economic
 Operators] of this Agreement shall include the following treatment:
 (a) taking the AEO status granted by the other Party favourably into account in its risk assessment to
 reduce inspections or controls and in other security and safety-related measures;
 (b) giving priority to the inspection of consignments covered by exit or entry summary declarations
 lodged by an AEO, if the customs authority decides to proceed with an inspection;
 (c) taking the AEO status granted by the other Party into account with a view to treating the AEO as
 a secure and safe partner when assessing requirements concerning business partners for applicants
 under its own Programme; and
 (d) endeavouring to establish a joint business continuity mechanism to respond to disruptions in
 trade flows due to increases in security alerts levels, border closures and/or natural disasters,
 hazardous emergencies or other major incidents where priority cargos related to AEOs could be
 facilitated and expedited to the extent possible by the customs authorities of the Parties.
 550
 ---pagebreak--- Article 2 Mutual recognition and responsibility for implementation
 1. AEO Status under the trade partnership programmes of the Union and the United Kingdom are
 recognised to be compatible, and holders of the AEO status granted under each programme shall be
 treated in a manner consistent with Article 4.
 2. The trade partnership programmes concerned are:
 a) The European Union Authorised Economic operator (security and safety). (point (b) of Article
 38(2) UCC); and
 b) The United Kingdom Authorised Economic Operator programme (safety and security) (sub-
 paragraph (b) of Article 38(2) UCC, as retained in United Kingdom domestic law.)
 3. The customs authorities, as defined in Article OTH.1(b) [Definitions] (”customs authorities”), are
 responsible for the implementation of the provisions in this Annex.
 Article 3 Compatibility
 1. The Parties shall cooperate to maintain compatibility of the standards applied to each of their
 trade partnership programmes with respect to the following matters:
 (a) the application process for granting the AEO status to operators;
 (b) the assessment of AEO status applications;
 (c) the granting of the AEO status; and
 (d) the managing, monitoring, suspension and re-assessment, and revocation of the AEO status.
 The Parties shall ensure that their customs authorities monitor AEOs′ compliance with the relevant
 conditions and criteria.
 2. The Parties shall complete a joint work programme setting out a minimum number of joint
 validations of holders of the AEO status granted under each trade partnership programme that must
 be completed by the end of 2021, at the latest.
 3. The Parties shall ensure that their trade partnership programmes operate within the relevant
 standards of the SAFE Framework.
 Article 4 Treatment of status holders
 1. Each Party shall provide comparable treatment to that given to AEOs under the other Party’s
 trade partnership programme. This treatment shall include in particular the treatment set out in
 paragraph 3 of Article 1.
 2. Each Party may suspend the treatment referred to in paragraph 3 of Article 1 to an AEO under the
 other Party’s trade partnership programme under this Agreement if that AEO ceases to comply with
 the legal requirements. Such suspension shall be promptly communicated to the other customs
 authority together with any additional information regarding the basis for suspension, as
 appropriate.
 551
 ---pagebreak--- 3. Each Party shall promptly inform the other Party in cases where it identifies any irregularity
 committed by an AEO authorised by the other customs authority to allow it to take an informed
 decision on the possible revocation or suspension of the membership of the operator concerned.
 Article 5 Exchange of information and communication
 1.The Parties shall endeavour to communicate effectively with each other in the implementation of
 this Agreement. They shall exchange information and foster communication regarding their trade
 partnership programmes, in particular by:
 (a) providing updates on the operation and development of their trade partnership programmes in a
 timely manner;
 (b) engaging in mutually beneficial exchanges of information regarding supply chain security;
 (c) designating the contact points for their respective trade partnership programmes and providing
 the contact details for those contact points to the other Party; and
 (d) facilitating effective inter-agency communication between the European Commission’s
 Directorate-General for Taxation and Customs Union and Her Majesty's Revenue and Customs to
 enhance risk management practices under their respective trade partnership programmes with
 respect to supply chain security on the part of AEOs.
 2. Information and related data shall be exchanged in a systematic manner by electronic means.
 3.The data to be exchanged regarding AEOs shall include:
 (a) name;
 (b) address;
 (c) status of membership;
 (d) validation or authorisation date;
 (e) suspensions and revocations;
 (f) the unique authorisation or identification number (in a form mutually determined by the customs
 authorities); and
 (g) other details that may be mutually determined between the customs authorities, subject, where
 applicable, to any necessary safeguards.
 The exchange of data shall commence with the entry into force of this Agreement.
 4. The Parties shall use their best endeavours to establish, within six months of entry into force of
 this Agreement, an arrangement for fully automated exchange of the data referred to in paragraph
 3, and in any event shall implement such an arrangement no later than one year after the entry into
 force of this Agreement.
 552
 ---pagebreak--- Article 6 Treatment of data
 Any exchange of information between the Parties under this Annex shall be mutatis mutandis
 subject to the confidentiality and protection of information set out in Article 12 [Information
 exchange and confidentiality] of the Protocol on Mutual Administrative Assistance in Customs
 matters.
 Article 7 Consultation and Review
 The Trade Specialised Committee on Customs Cooperation and Rules of Origin shall review the
 implementation of the provisions of this Annex regularly. That review shall include:
 (a) joint validations of AEOs granted status by each Party to identify strengths and weaknesses in
 implementing this Annex;
 (b) exchanges of views on data to be shared and treatment of operators.
 Article 8 Suspension and discontinuation
 1. A Party may pursue the procedure set out in paragraph 2 in the event that either of the
 following circumstances arise:
 a) Before or within three months of entry into force of this Agreement the other Party has
 made material changes to the legal provisions referred to in paragraph 2 of Article 2 that
 were assessed in order to establish that the trade partnership programmes are
 compatible, such that the compatibility required for recognition under paragraph 1 of
 Article 2 has ceased to exist;
 b) The provisions under paragraph 2 of Article 5 [Exchange of information and
 communication] are not operational.
 2. In the event that either of the circumstances set out in points (a) or (b) of paragraph 1 arise, a
 Party may suspend the recognition provided for in paragraph 1 of Article 2 [Mutual recognition
 and responsibility for implementation] 60 days after notifying the other Party of their intention.
 3. Where a party gives notice of its intention to suspend the recognition provided for in paragraph
 1 of Article 2 [Mutual recognition and responsibility for implementation] in accordance with
 paragraph 2 of this Article, the other Party may request consultations in the Trade Specialised
 Committee on Customs Cooperation and Rules of Origin. These consultations shall be held
 within 60 days of the request.
 4. A Party may pursue the procedure set out in paragraph 5 in the event that either of the
 following circumstances arise:
 a) The other Party changes its AEO programme or its implementation of this programme
 such that the compatibility required for recognition under paragraph 1 of Article 2
 [Mutual recognition and responsibility for implementation] has ceased to exist;
 b) The joint validations provided for in paragraph 2 of Article 3 [Compatibility] do not
 confirm the compatibility of the Parties’ respective AEO programmes.
 553
 ---pagebreak--- 5. In the event that either of the circumstances set out in points (a) or (b) of paragraph 4 arise, a
 Party may request consultations with the other Party in the framework of the Trade Specialised
 Committee on Customs Cooperation and Rules of Origin. These consultations shall be held
 within 60 days from the request. If 90 days after the request a Party still considers that the
 compatibility required for recognition under paragraph 1 of Article 2 [Mutual recognition and
 responsibility for implementation] has ceased to exist, it may notify the other Party of its
 intention to suspend recognition of its programme. Suspension shall take effect 30 days after
 notification.
 554
 ---pagebreak--- ANNEX SERVIN-1: EXISTING MEASURES
 Headnotes
 1. The Schedules of the United Kingdom and the Union set out, under Article SERVIN 2.7 [Non-
 conforming measures – Investment liberalisation], Article SERVIN.3.6 [Non-conforming measures –
 Cross-border trade in services], and Article SERVIN 5.50 [Non-conforming measures – Legal services]
 the reservations taken by the United Kingdom and the Union with respect to existing measures that
 do not conform with obligations imposed by:
 (a) Articles SERVIN.2.2 [Market access– Investment liberalisation] or SERVIN.3.2 [Market
 access - Cross-border trade in services];
 (b) Article SERVIN.3.3 [Local presence – Cross-border trade in services;
 (c) Articles SERVIN.2.3 [National treatment– Investment liberalisation] or SERVIN.3.4
 [National treatment - Cross-border trade in services];
 (d) Articles SERVIN.2.4 [Most-favoured-nation treatment– Investment liberalisation], or
 SERVIN.3.5 [Most-favoured-nation treatment - Cross-border trade in services];
 (e) Article SERVIN.2.5 [Senior management and boards of directors];
 (f) Article SERVIN.2.6 [Performance requirements]; or
 (g) Article SERVIN.5.49 [Obligations – Legal services].
 2. The reservations of a Party are without prejudice to the rights and obligations of the Parties under
 GATS.
 3. Each reservation sets out the following elements:
 (a) "sector" refers to the general sector in which the reservation is taken;
 (b) "sub-sector" refers to the specific sector in which the reservation is taken;
 (c) "industry classification" refers, where applicable, to the activity covered by the
 reservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in
 that reservation;
 (d) "type of reservation" specifies the obligation referred to in paragraph 1 for which a
 reservation is taken;
 (e) "level of government" indicates the level of government maintaining the measure for
 which a reservation is taken;
 (f) "measures" identifies the laws or other measures as qualified, where indicated, by the
 "description" element for which the reservation is taken. A "measure" cited in the
 "measures" element:
 (i) means the measure as amended, continued or renewed as of the date of entry
 into force of this Agreement;
 (ii) includes any subordinate measure adopted or maintained under the authority of
 and consistent with the measure; and
 555
 ---pagebreak--- (iii) in respect of the schedule of the European Union, includes any laws or other
 measures which implement a directive at Member State level; and
 (g) "description" sets out the non-conforming aspects of the existing measure for which the
 reservation is taken.
 4. For greater certainty, if a Party adopts a new measure at a level of government different to
 that at which the reservation was originally taken, and this new measure effectively replaces –
 within the territory to which it applies – the non-conforming aspect of the original measure cited in
 the ‘measures’ element, the new measure shall be deemed to constitute ‘modification’ to the
 original measure within the meaning of Article SERVIN.2.7(1)(c) [Non-conforming measures –
 Investment liberalisation]; Article SERVIN.3.6(1)(c) [Non-conforming measures – Cross-border trade
 in services]; Article 4.5(c) [Non-conforming measures – Entry and temporary stay of natural persons
 for business purposes] and Article SERVIN.5.50 [Non-conforming measures – Legal services].
 5. In the interpretation of a reservation, all elements of the reservation shall be considered. A
 reservation shall be interpreted in the light of the relevant obligations of the Chapters or Sections
 against which the reservation is taken. The "measures" element shall prevail over all other elements.
 6. For the purposes of the Schedules of the United Kingdom and the Union:
 (a) “ISIC Rev. 3.1” means the International Standard Industrial Classification of All Economic
 Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series
 M, No.4, ISIC Rev. 3.1, 2002;
 (b) “CPC” means the Provisional Central Product Classification (Statistical Papers, Series M
 No. 77, Department of International Economic and Social Affairs, Statistical Office of the
 United Nations, New York, 1991).
 7. For the purposes of the Schedules of the United Kingdom and the Union, a reservation for a
 requirement to have a local presence in the territory of the Union or the United Kingdom is taken
 against Article SERVIN 3.3 [Local presence], and not against Article SERVIN 3.2 [Market access] or
 SERVIN 3.4 [National treatment]. Furthermore, such a requirement is not taken as a reservation
 against Article SERVIN 2.3 [National treatment].
 8. A reservation taken at the level of the Union applies to a measure of the Union, to a
 measure of a Member State at the central level or to a measure of a government within a Member
 State, unless the reservation excludes a Member State. A reservation taken by a Member State
 applies to a measure of a government at the central, regional or local level within that Member
 State. For the purposes of the reservations of 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. For the purposes of the reservations of the Union and its Member
 States, a regional level of government in Finland means the Åland Islands. A reservation taken at the
 level of the United Kingdom applies to a measure of the central government, a regional government
 or a local government.
 9. The list of reservations below does not include measures relating to qualification
 requirements and procedures, technical standards and licensing requirements and procedures
 where they do not constitute a limitation within the meaning of Article SERVIN.2.2 [Market access –
 Investment liberalisation], Article SERVIN.2.3 [National treatment – Investment liberalisation],
 Article SERVIN.3.2 [Market access – Cross-border trade in services], Article SERVIN.3.3 [Local
 presence – Cross-border trade in services], Article SERVIN.3.4 [National treatment – Cross-border
 556
 ---pagebreak--- trade in services] or Article SERVIN 5.49 [Obligations – Legal services]. These measures may include,
 in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised
 qualifications in regulated sectors, to pass specific examinations, including language examinations,
 to fulfil a membership requirement of a particular profession, such as membership in a professional
 organisation, to have a local agent for service, or to maintain a local address, or any other non-
 discriminatory requirements that certain activities may not be carried out in protected zones or
 areas. While not listed, such measures continue to apply.
 10. For greater certainty, for the Union, the obligation to grant national treatment does not
 entail the requirement to extend to natural or legal persons of the United Kingdom the treatment
 granted in a Member State, pursuant to the Treaty on the Functioning of the European Union, or any
 measure adopted pursuant to that Treaty, including their implementation in the Member States, to:
 (i) natural persons or residents of another Member State; or
 (ii) legal persons constituted or organised under the law of another Member State or of the
 Union and having their registered office, central administration or principal place of
 business in the Union.
 11. Treatment granted to legal persons established by investors of a Party in accordance with
 the law of the other Party (including, in the case of the Union, the law of a Member State) and
 having their registered office, central administration or principal place of business within that other
 Party, is without prejudice to any condition or obligation, consistent with Chapter 2 [Investment
 liberalisation] of Title II [Services and investment] of Heading One [Trade] of Part Two [Trade,
 transport and fisheries], which may have been imposed on such legal person when it was
 established in that other Party, and which shall continue to apply.
 12. The schedules apply only to the territories of the United Kingdom and the Union in
 accordance with Article FINPROV.1[Territorial scope] and Article OTH.9(2) [Geographical scope] and
 are only relevant in the context of trade relations between the Union and its Member States with
 the United Kingdom. They do not affect the rights and obligations of the Member States under
 Union law.
 13. For greater certainty, non-discriminatory measures do not constitute a market access
 limitation within the meaning of Articles SERVIN. 2.2 [Market access – Investment liberalisation],
 SERVIN.3.2 [Market access – Cross-border trade in services], or Article SERVIN.5.49 [Obligations –
 Legal services] for any measure:
 (a) 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) restricting the concentration of ownership to ensure fair competition;
 (c) 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) limiting the number of authorisations granted because of technical or physical
 constraints, for example telecommunications spectra and frequencies; or
 557
 ---pagebreak--- (e) 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.
 14. With respect to financial services: Unlike foreign subsidiaries, branches established directly
 in a Member State by a non-European Union financial institution are not, with certain limited
 exceptions, subject to prudential regulations harmonised at Union level which enable such
 subsidiaries to benefit from enhanced facilities to set up new establishments and to provide cross-
 border services throughout the Union. Therefore, such branches receive an authorisation to operate
 in the territory of a Member State under conditions equivalent to those applied to domestic financial
 institutions of that Member State, and may be required to satisfy a number of specific prudential
 requirements such as, in the case of banking and securities, separate capitalisation and other
 solvency requirements and reporting and publication of accounts requirements or, in the case of
 insurance, specific guarantee and deposit requirements, a separate capitalisation, and the
 localisation in the Member State concerned of the assets representing the technical reserves and at
 least one third of the solvency margin.
 The following abbreviations are used in the list of reservations below:
 UK United Kingdom
 EU European Union, including all its Member States
 AT Austria IE Ireland
 BE Belgium IT Italy
 BG Bulgaria LT Lithuania
 CY Cyprus LU Luxembourg
 CZ Czech Republic LV Latvia
 DE Germany MT Malta
 DK Denmark NL The Netherlands
 EE Estonia PL Poland
 EL Greece PT Portugal
 ES Spain RO Romania
 FI Finland SE Sweden
 FR France SI Slovenia
 HR Croatia SK Slovak Republic
 HU Hungary
 558
 ---pagebreak--- Schedule of the Union
 Reservation No. 1 - All sectors
 Reservation No. 2 - Professional services (except health-related professions)
 Reservation No. 3 - Professional services (health related and retail of pharmaceuticals)
 Reservation No. 4 - Research and development services
 Reservation No. 5 - Real estate services
 Reservation No. 6 - Business services
 Reservation No. 7 - Communication services
 Reservation No. 8 - Construction Services
 Reservation No. 9 - Distribution services
 Reservation No. 10 - Education services
 Reservation No. 11 - Environmental services
 Reservation No. 12 – Financial Services
 Reservation No. 13 - Health services and social services
 Reservation No. 14 - Tourism and travel related services
 Reservation No. 15 - Recreational, cultural and sporting services
 Reservation No. 16 - Transport services and services auxiliary to transport services
 Reservation No. 17 - Energy related activities
 Reservation No. 18 - Agriculture, fishing and manufacturing
 559
 ---pagebreak--- Reservation No. 1 - All sectors
 Sector: All sectors
 Type of reservation: Market access
 National treatment
 Most-favoured-nation treatment
 Performance requirements
 Senior management and boards of directors
 Obligations for Legal services
 Chapter / Section: Investment liberalisation; Cross-border trade in services and
 Regulatory framework for Legal services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 (a) Type of establishment
 With respect to Investment liberalisation – National treatment and Regulatory framework for Legal
 services – Obligations:
 The EU: Treatment granted pursuant to the Treaty on the Functioning of the European Union to legal
 persons formed in accordance with the law of the Union or of a Member State and having their
 registered office, central administration or principal place of business within the Union, including
 those established in the Union by investors of the United Kingdom, is not accorded to legal persons
 established outside the Union, nor to branches or representative offices of such legal persons,
 including to branches or representative offices of legal persons of the United Kingdom.
 Treatment less favourable may be accorded to legal persons formed in accordance with the law of
 the European Union or of a Member State which have only their registered office in the Union,
 unless it can be shown that they possess an effective and continuous link with the economy of one
 of the Member States.
 Measures:
 EU: Treaty on the Functioning of the European Union.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors:
 This reservation applies only to health, social or education services:
 The EU (applies also to the regional level of government): Any Member State, when selling or
 disposing of its equity interests in, or the assets of, an existing state enterprise or an existing
 governmental entity providing health, social or education services (CPC 93, 92), may prohibit or
 impose limitations on the ownership of such interests or assets, and/or restrict the ability of owners
 of such interests and assets to control any resulting enterprise, with respect to investors of the
 United Kingdom or their enterprises. With respect to such a sale or other disposition, any Member
 560
 ---pagebreak--- State may adopt or maintain any measure relating to the nationality of senior management or
 members of the boards of directors, as well as any measure limiting the number of suppliers.
 For the purposes of this reservation:
 (i) any measure maintained or adopted after the date of entry into force of this
 Agreement that, at the time of the sale or other disposition, prohibits or imposes
 limitations on the ownership of equity interests or assets or imposes nationality
 requirements or imposes limitations on the numbers of suppliers as described in this
 reservation shall be deemed to be an existing measure; and
 (ii) "state enterprise" means an enterprise owned or controlled through ownership
 interests by any Member State and includes an enterprise established after the date of
 entry into force of this Agreement solely for the purposes of selling or disposing of
 equity interests in, or the assets of, an existing state enterprise or governmental entity.
 Measures:
 EU: As set out in the description element as indicated above.
 With respect to Investment liberalisation – National Treatment and Regulatory framework for Legal
 services – Obligations
 In AT: For the operation of a branch, non-European Economic Area (non-EEA) corporations must
 appoint at least one person responsible for its representation who is resident in Austria.
 Executives (managing directors, natural persons) responsible for the observance of the Austrian
 Trade Act (Gewerbeordnung) must be domiciled in Austria.
 In BG: Foreign legal persons, unless established under the legislation of a Member State of the
 European Economic Area (EEA), may conduct business and pursue activities if established in the
 Republic of Bulgaria in the form of a company registered in the Commercial Register. Establishment
 of branches is subject to authorisation.
 Representative offices of foreign enterprises are to be registered with Bulgarian Chamber of
 Commerce and Industry and may not engage in economic activity but are only entitled to advertise
 their owner and act as representatives or agents.
 In EE: If the residence of at least half of the members of the management board of a private limited
 company, a public limited company or a branch is not in Estonia, in another Member State of the
 EEA or in the Swiss Confederation, the private limited company, the public limited company or the
 foreign company shall appoint a point of contact whose Estonian address can be used for the
 delivery of the procedural documents of the undertaking and the declarations of intent addressed to
 the undertaking (i.e. the branch of a foreign company).
 With respect to Investment liberalisation – National treatment; Cross-border trade in services –
 Market access and Regulatory framework for Legal services – Obligations:
 In FI: At least one of the partners in a general partnership or of general partners in a limited
 partnership needs to have residency in the EEA or, if the partner is a legal person, be domiciled (no
 branches allowed) in the EEA. Exemptions may be granted by the registration authority.
 561
 ---pagebreak--- To carry on trade as a private entrepreneur, residency in the EEA is required.
 If a foreign organisation from a country outside the EEA intends to carry on a business or trade by
 establishing a branch in Finland, a trade permit is required.
 Residency in the EEA is required for at least one of the ordinary and one of the deputy members of
 the board of directors and for the managing director. Company exemptions may be granted by the
 registration authority.
 In SE: A foreign company, which has not established a legal entity in Sweden or is conducting its
 business through a commercial agent, shall conduct its commercial operations through a branch,
 registered in Sweden, with independent management and separate accounts. The managing director
 and the vice-managing director, if appointed, of the branch, must reside in the EEA. A natural person
 not resident in the EEA, who conducts commercial operations in Sweden, shall appoint and register a
 resident representative responsible for the operations in Sweden. Separate accounts shall be kept
 for the operations in Sweden. The competent authority may in individual cases grant exemptions
 from the branch and residency requirements. Building projects with duration of less than a year,
 conducted by a company located or a natural person residing outside the EEA, are exempted from
 the requirements of establishing a branch or appointing a resident representative.
 For limited liability companies and co-operative economic associations, at least 50 per cent of the
 members of the board of directors, at least 50 per cent of the deputy board members, the managing
 director, the vice-managing director, and at least one of the persons authorised to sign for the
 company, if any, must reside within the EEA. The competent authority may grant exemptions from
 this requirement. If none of the company's or society's representatives reside in Sweden, the board
 must appoint and register a person resident in Sweden, who has been authorised to receive servings
 on behalf of the company or society.
 Corresponding conditions prevail for establishment of all other types of legal entities.
 In SK: A foreign natural person whose name is to be registered in the appropriate register
 (Commercial register, Entrepreneurial or other professional register) as a person authorised to act
 on behalf of an entrepreneur is required to submit a residence permit for Slovakia.
 Measures:
 AT: Aktiengesetz, BGBL. Nr. 98/1965, § 254 (2);
 GmbH-Gesetz, RGBL. Nr. 58/1906, § 107 (2); and Gewerbeordnung, BGBL. Nr. 194/1994, § 39 (2a).
 BG: Commercial Law, Article 17a; and
 Law for Encouragement of Investments, Article 24.
 EE: Äriseadustik (Commercial Code) § 631 (1, 2 and 4).
 FI: Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919), s. 1;
 Osuuskuntalaki (Co-Operatives Act) 1488/2001;
 Osakeyhtiölaki (Limited Liabilities Company Act) (624/2006); and
 562
 ---pagebreak--- Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007).
 SE: Lag om utländska filialer m.m (Foreign Branch Offices Act) (1992:160);
 Aktiebolagslagen (Companies Act) (2005:551);
 The Co-operative Economic Associations Act (2018:672); and Act on European Economic Interest
 Groupings (1994:1927).
 SK: Act 513/1991 on Commercial Code (Article 21); Act 455/1991 on Trade Licensing; and
 Act no 404/2011 on Residence of Aliens (Articles 22 and 32).
 With respect to Investment liberalisation – Market Access, National Treatment, Performance
 requirements and Regulatory framework for Legal services – Obligations:
 In BG: Established enterprises may employ third country nationals only for positions for which there
 is no requirement for Bulgarian nationality. The total number of third country nationals employed by
 an established enterprise over a period of the preceding 12 months must not exceed 20 percent (35
 percent for small and medium-sized enterprises) of the average number of Bulgarian nationals,
 nationals of other Member States, of states parties to the Agreement on the EEA or of the Swiss
 Confederation hired on an employment contract. In addition, the employer must demonstrate that
 there is no suitable Bulgarian, EU, EEA or Swiss worker for the respective position by conducting a
 labour market test before employing a third country national.
 For highly qualified, seasonal and posted workers, as well as for intra-corporate transferees,
 researchers and students there is no limitation on the number of third country nationals working for
 a single enterprise. For the employment of third country nationals in these categories, no labour
 market test is required.
 Measures:
 BG: Labour Migration and Labour Mobility Act.
 With respect to Investment liberalisation – Market access, National treatment:
 In PL: The scope of operations of a representative office may only encompass advertising and
 promotion of the foreign parent company represented by the office. For all sectors except legal
 services, establishment by non-European Union investors and their enterprises may only be in the
 form of a limited partnership, limited joint-stock partnership, limited liability company, and joint-
 stock company, while domestic investors and enterprises have access also to the forms of non-
 commercial partnership companies (general partnership and unlimited liability partnership).
 Measures:
 PL: Act of 6 March 2018 on rules regarding economic activity of foreign entrepreneurs and other
 foreign persons in the territory of the Republic of Poland.
 (b) Acquisition of real estate
 With respect to Investment liberalisation – National treatment:
 563
 ---pagebreak--- In AT (applies to the regional level of government): The acquisition, purchase and rental or leasing of
 real estate by non-European Union natural persons and enterprises requires authorisation by the
 competent regional authorities (Länder). Authorisation will only be granted if the acquisition is
 considered to be in the public (in particular economic, social and cultural) interest.
 In CY: Cypriots or persons of Cypriot origin, as well as nationals of a Member State, are allowed to
 acquire any property in Cyprus without restrictions. A foreigner shall not acquire, otherwise than
 mortis causa, any immovable property without obtaining a permit from the Council of Ministers. For
 foreigners, where the acquisition of immovable property exceeds the extent necessary for the
 erection of a premises for a house or professional roof, or otherwise exceeds the extent of two
 donums (2,676 square meter), any permit granted by the Council of Ministers shall be subject to
 such terms, limitations, conditions and criteria which are set by Regulations made by the Council of
 Ministers and approved by the House of Representatives. A foreigner is any person who is not a
 citizen of the Republic of Cyprus, including a foreign controlled company. The term does not include
 foreigners of Cypriot origin or non-Cypriot spouses of citizens of the Republic of Cyprus.
 In CZ: Specific rules apply to agricultural land under state ownership. State agricultural land can be
 acquired only by Czech nationals, nationals of another Member State, or states parties to the
 Agreement on the EEA or the Swiss Confederation. Legal persons can acquire state agriculture land
 from the state only if they are agricultural entrepreneurs in the Czech Republic or persons with
 similar status in other Member State of the European Union, or states parties to the Agreement on
 the EEA or the Swiss Confederation.
 In DK: Natural persons who are not resident in Denmark, and who have not previously been resident
 in Denmark for a total period of five years, must in accordance with the Danish Acquisition Act
 obtain permission from the Ministry of Justice to acquire title to real property in Denmark. This also
 applies for legal persons that are not registered in Denmark. For natural persons, acquisition of real
 property will be permitted if the applicant is going to use the real property as his or her primary
 residence.
 For legal persons that are not registered in Denmark, acquisition of real property will in general be
 permitted, if the acquisition is a prerequisite for the business activities of the purchaser. Permission
 is also required if the applicant is going to use the real property as a secondary dwelling. Such
 permission will only be granted if the applicant through an overall and concrete assessment is
 regarded to have particular strong ties to Denmark.
 Permission under the Acquisition Act is only granted for the acquisition of a specific real property.
 The acquisition of agricultural land by natural or legal persons is in addition 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, must fulfil the requirements in this Act. This generally means a limited
 residence requirement on the agricultural holding applies. The residence requirement is not
 personal. Legal entities must be of the types listed in §20 and §21 of the act and must be registered
 in the Union (or EEA).
 In EE: A legal person from an OECD Member State has the right to acquire an immovable which
 contains:
 i. less than ten hectares of agricultural land, forest land or agricultural and forest land in total
 without restrictions.
 564
 ---pagebreak--- ii. ten hectares or more of agricultural land if the legal person has been engaged, for three years
 immediately preceding the year of making the transaction of acquisition of the immovable, in
 production of agricultural products listed in Annex I to the Treaty on the Functioning of the
 European Union, except fishery products and cotton (hereinafter agricultural product).
 iii. ten hectares or more of forest land if the legal person has been engaged, for three years
 immediately preceding the year of making the transaction of acquisition of the immovable, in
 forest management within the meaning of the Forest Act (hereinafter forest management) or
 production of agricultural products.
 iv. less than ten hectares of agricultural land and less than ten hectares of forest land, but ten
 hectares or more of agricultural and forest land in total, if the legal person has been engaged, for
 three years immediately preceding the year of making the transaction of acquisition of the
 immovable, in production of agricultural products or forest management.
 If a legal person does not meet the requirements provided for in (ii)–(iv), the legal person may
 acquire an immovable which contains ten hectares or more of agricultural land, forest land or
 agricultural and forest land in total only with the authorisation of the council of the local
 government of the location of the immovable to be acquired.
 Restrictions on acquiring immovable property apply in certain geographical areas for non-EEA
 nationals.
 In EL: Real estate acquisition or tenancy in the border regions is prohibited to natural or legal
 persons whose nationality or base is outside the Member States and the European Free Trade
 Association. The ban may be lifted with a discretionary decision taken by a committee of the
 appropriate Decentralized Administration (or the Minister of National Defense in case the properties
 to be exploited belong to the Fund for the Exploitation of Private Public Property). .
 In HR: Foreign companies are only allowed to acquire real estate for the supply of services if they are
 established and incorporated in Croatia as legal persons. Acquisition of real estate necessary for the
 supply of services by branches requires the approval of the Ministry of Justice. Agricultural land
 cannot be acquired by foreigners.
 In MT: Non-nationals of a Member State may not acquire immovable property for commercial
 purposes. Companies with 25 per cent (or more) of non-European Union shareholding must obtain
 an authorisation from the competent authority (Minister responsible for Finance) to buy immovable
 property for commercial or business purposes. The competent authority will determine whether the
 proposed acquisition represents a net benefit to the Maltese economy.
 In PL: The acquisition of real estate, direct and indirect, by foreigners requires a permit. A permit is
 issued through an administrative decision by a minister competent in internal affairs, with the
 consent of the Minister of National Defence, and in the case of agricultural real estate, also with the
 consent of the Minister of Agriculture and Rural Development.
 Measures:
 AT: Burgenländisches Grundverkehrsgesetz, LGBL. Nr. 25/2007;
 Kärntner Grundverkehrsgesetz, LGBL. Nr. 9/2004;
 NÖ- Grundverkehrsgesetz, LGBL. 6800;
 565
 ---pagebreak--- OÖ- Grundverkehrsgesetz, LGBL. Nr. 88/1994;
 Salzburger Grundverkehrsgesetz, LGBL. Nr. 9/2002;
 Steiermärkisches Grundverkehrsgesetz, LGBL. Nr. 134/1993;
 Tiroler Grundverkehrsgesetz, LGBL. Nr. 61/1996; Voralberger Grundverkehrsgesetz, LGBL. Nr.
 42/2004; and
 Wiener Ausländergrundverkehrsgesetz, LGBL. Nr. 11/1998.
 CY: Immovable Property Acquisition (Aliens) Law (Chapter 109), as amended.
 CZ: Act No. 503/2012, Coll. on State Land Office as amended.
 DK: Danish Act on Acquisition of Real Property (Consolidation Act No. 265 of
 21 March 2014 on Acquisition of Real Property);
 Acquisition Executive Order (Executive Order No. 764 of 18 September 1995); and The Agricultural
 Holdings Act (Consolidation Act No. 27 of 4 January 2017).
 EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act)
 Chapter 2 § 4, Chapter 3§ 10, 2017.
 EL: Law 1892/1990, as it stands today, in combination, as far as the application is concerned, with
 the ministerial decision F.110/3/330340/S.120/7-4-14 of the Minister of National Defense and the
 Minister of Citizen Protection.
 HR: Ownership and other Proprietary Rights Act (OG 91/96, 68/98, 137/99, 22/00, 73/00, 129/00,
 114/01, 79/06, 141/06, 146/08, 38/09, 143/12, 152/14), Articles 354 to 358.b; Agricultural Land Act
 (OG 20/18, 115/18, 98/19) Article 2; General Administrative Procedure Act.
 MT: Immovable Property (Acquisition by Non-Residents) Act (Cap. 246); and Protocol No 6 of the EU
 Accession Treaty on the acquisition of secondary residences in Malta.
 PL: Law of 24th March 1920 on the Acquisition of Real Estate by Foreigners (Journal of Laws of 2016,
 item 1061 as amended).
 With respect to Investment liberalisation – Market access, National treatment:
 In HU: The purchase of real estate by non-residents is subject to obtaining authorisation from the
 appropriate administrative authority responsible for the geographical location of the property.
 Measures:
 HU: Government Decree No. 251/2014 (X. 2.) on the Acquisition by Foreign Nationals of
 Real Estate other than Land Used for Agricultural or Forestry Purposes; and Act LXXVIII of 1993
 (Paragraph 1/A).
 With respect to Investment liberalisation – Market access, National treatment, Most-favoured
 nation treatment:
 566
 ---pagebreak--- In LV: Acquisition of urban land by nationals of the United Kingdom is permitted through legal
 persons registered in Latvia or other Member States:
 (i) if more than 50 per cent of their equity capital is owned by nationals of Member States, the
 Latvian Government or a municipality, separately or in total;
 (ii) if more than 50 per cent of their equity capital is owned by natural persons and companies of
 third country with whom Latvia has concluded bilateral agreements on promotion and
 reciprocal protection of investments and which have been approved by the Latvian Parliament
 before 31 December 1996;
 (iii) if more than 50 per cent of their equity capital is possessed by natural persons and companies
 of third country with whom Latvia has concluded bilateral agreements on promotion and
 reciprocal protection of investments after 31 December 1996, if in those agreements the
 rights of Latvian natural persons and companies on acquisition of land in the respective third
 country have been determined;
 (iv) if more than 50 per cent of their equity capital is possessed jointly by persons referred to in
 points (i) to (iii); or
 (v) which are public joint stock companies, if their shares thereof are quoted in the stock
 exchange.
 Where the United Kingdom allows Latvian nationals and enterprises to purchase urban real estate in
 their territories, Latvia will allow nationals and enterprises of the United Kingdom to purchase urban
 real estate in Latvia under the same conditions as Latvian nationals.
 Measures:
 LV: Law on land reform in the cities of the Republic of Latvia, Section 20 and 21.
 With respect to Investment liberalisation - National treatment, Most-favoured-nation treatment:
 In DE: Certain conditions of reciprocity may apply for the acquisition of real estate.
 In ES: Foreign investment in activities directly relating to real estate investments for diplomatic
 missions by states that are not Member States requires an administrative authorisation from the
 Spanish Council of Ministers, unless there is a reciprocal liberalisation agreement in place.
 In RO: Foreign nationals, stateless persons and legal persons (other than nationals and legal persons
 of a Member State of the EEA) may acquire property rights over lands, under the conditions
 regulated by international treaties, based on reciprocity. Foreign nationals, stateless persons and
 legal persons may not acquire the property right over lands under more favourable conditions than
 those applicable to natural or legal persons of the European Union.
 Measures:
 DE: Einführungsgesetz zum Bürgerlichen Gesetzbuche (EGBGB; Introductory Law to the Civil Code).
 ES: Royal Decree 664/1999 of 23 April 1999 relating to foreign investment.
 567
 ---pagebreak--- RO: Law 17/2014 on some measures regulating the selling-buying agricultural land situated outside
 town and amending; and
 Law No 268/2001 on the privatization of companies that own land in public ownership and private
 management of the state for agricultural and establishing the State Domains Agency, with
 subsequent amendments.
 568
 ---pagebreak--- Reservation No. 2 - Professional services (except health-related professions)
 Sector – sub-sector: Professional services – legal services; patent agent, industrial property
 agent, intellectual property attorney; accounting and bookkeeping
 services; auditing services, taxation advisory services; architecture and
 urban planning services, engineering services and integrated
 engineering services
 Industry classification: CPC 861, 862, 863, 8671, 8672, 8673, 8674, part of 879
 Type of reservation: Market access
 National treatment
 Most-favoured-nation treatment
 Senior management and boards of directors
 Local presence
 Obligations for Legal services
 Chapter / Section: Investment liberalisation; Cross-border trade in services and
 Regulatory framework for Legal services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 (a) Legal services (part of CPC 861)120
 120
 For the purposes of this reservation:
 (a) "host-jurisdiction law" means the law of the specific Member State and European Union law;
 "home-jurisdiction law" means the law of the United Kingdom;
 (b) "international law" means public international law with the exception of European Union law, and
 includes law established by international treaties and conventions, as well as international customary law;
 (c) "legal advisory services" includes provision of advice to and consultation with clients in matters,
 including transactions, relationships and disputes, involving the application or interpretation of law;
 participation with or on behalf of clients in negotiations and other dealings with third parties in such matters;
 and preparation of documents governed in whole or in part by law, and the verification of documents of any
 kind for purposes of and in accordance with the requirements of law;
 (d) "legal representational services" includes preparation of documents intended to be submitted to
 administrative agencies, the courts or other duly constituted official tribunals; and appearance before
 administrative agencies, the courts or other duly constituted official tribunals;
 (e) "Legal arbitration, conciliation and mediation services" means the preparation of documents to be
 submitted to, the preparation for and appearance before, an arbitrator, conciliator or mediator in any dispute
 involving the application and interpretation of law. It does not include arbitration, conciliation and mediation
 services in disputes not involving the application and interpretation of law, which fall under services incidental
 to management consulting. It also does not include acting as an arbitrator, conciliator or mediator. As a sub-
 569
 ---pagebreak--- With respect to Investment liberalisation – Market access – and Regulatory framework for
 LegalsServices – Obligations
 In EU: Specific non-discriminatory legal form requirements apply in each Member State.
 (i) Designated legal services supplied under the home professional title (part of CPC 861 –
 legal advisory, arbitration, conciliation and mediation services with regard to home-jurisdiction
 and international law governed by Section 7 [Legal services] of Chapter 5 [Regulatory framework]
 of Title II of Heading One [Trade] of Part Two (Trade, transport and fisheries]
 For greater certainty, consistent with the Headnotes, in particular paragraph 9, requirements to
 register with a Bar may include a requirement to have completed some training under the
 supervision of a licensed lawyer, or to have an office or a postal address within the jurisdiction of a
 specific Bar in order to be eligible to apply for membership in that Bar. Some Member States may
 impose the requirement of having the right to practise host-jurisdiction law on those natural persons
 holding certain positions within a law firm/company/enterprise or for shareholders.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – National treatment, Market access and Regulatory framework for Legal services –
 Obligations:
 In AT:
 EEA or Swiss nationality as well as residency (commercial presence) is required for the practice of
 legal services in respect of host jurisdiction (Union and Member State) law, including representation
 before courts. Only lawyers of EEA or Swiss nationality are allowed to provide legal services through
 commercial presence. The practice of legal services in respect of public international law and home-
 jurisdiction law is only allowed on a cross-border basis.
 Equity participation and shares in the operating result of any law firm by foreign lawyers (who must
 be fully qualified in their home-jurisdiction) is allowed up to 25 per cent; the rest must be held by
 fully qualified EEA or Swiss lawyers and only the latter may exercise decisive influence in the decision
 making of the law firm.
 In BE: (with respect also to Most-favoured-nation treatment) Foreign lawyers may practise as legal
 consultants. Lawyers who are members of foreign (non-EU) Bars and want to establish in Belgium
 but do not meet the conditions for registration on the Tableau of fully qualified lawyers, on the EU-
 list or on the List of Trainee Lawyers, may request registration on the so-called "B-List". Only at the
 Brussels Bar there exists such a “B-List”. A lawyer on the B-list is allowed to supply designated legal
 services.
 In BG: (with respect also to Most-favoured-nation treatment): Permanent residency is required for
 legal mediation services. A mediator may be only a person who has been entered in the Uniform
 Register of Mediators with the Minister of Justice.
 category, international legal arbitration, conciliation or mediation services refers to the same services when
 the dispute involves parties from two or more countries.
 570
 ---pagebreak--- In Bulgaria, 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, countries
 with whom bilateral agreements on mutual legal assistance have been or will be concluded.
 In CY: EEA or Swiss nationality as well as residency (commercial presence) is required. Only
 advocates enrolled in the Bar may be partners or shareholders or members of the board of directors
 in a law company in Cyprus.
 In CZ: For foreign lawyers residence (commercial presence) is required.
 In DE: For foreign lawyers (with other than EEA and Swiss qualification) there may be restrictions for
 holding shares of a lawyers company which provides legal services in host-jurisdiction law.
 In DK: Without prejudice to the EU reservation above, shares of a law firm can only be owned by
 advocates who actively practise law in the firm, its parent company or its subsidiary company, other
 employees in the firm, or another law firm registered in Denmark. Other employees in the firm may
 collectively only own less than 10 per cent of the shares and of the voting rights, and in order to be
 shareholders they must pass an exam on the rules of particular importance for the practice of law.
 Only advocates who actively practise law in the firm, its parent company or its subsidiary company,
 other shareholders, and representatives of employees, may be members of the board. The majority
 of the members of the board must be advocates who actively practise law in the firm, its parent
 company or its subsidiary company. Only advocates who actively practise law in the firm, its parent
 company or its subsidiary company, and other shareholders having passed the exam mentioned
 above, may be a director of the law firm.
 In ES: Professional address is required in order to provide designated legal services.
 In FR, Residency or establishment in the EEA is required to practise on a permanent basis. Without
 prejudice to the EU reservation above: For all lawyers, company must take one of the following legal
 forms authorised under French law on a non-discriminatory basis: SCP (société civile
 professionnelle), SEL (société d’exercice libéral), SEP (société en participation), SARL (société à
 responsabilité limitée), SAS (société par actions simplifiée), SA (société anonyme), SPE (société
 pluriprofessionnelle d'exercice) and “association”, under certain conditions. Shareholders, directors
 and partners may be subject to specific restrictions related to their professional activity.
 In HR: Only a lawyer who has the Croatian title of lawyer can establish a law firm (UK firms can
 establish branches, which may not employ Croatian lawyers).
 In HU: A cooperation contract concluded with a Hungarian attorney (ügyvéd) or law firm (ügyvédi
 iroda) is required. A foreign legal adviser cannot be a member of a Hungarian law firm. A foreign
 lawyer is not authorized for the preparation of documents to be submitted to, or act as the client’s
 legal representative before an arbitrator, conciliator or mediator in any dispute.
 In PT (with respect also to Most-favoured-nation treatment): Foreigners holding a diploma awarded
 by any Faculty of Law in Portugal, may register with the Portuguese Bar (Ordem dos Advogados),
 under the same terms as Portuguese nationals, if their respective country grants Portuguese
 nationals reciprocal treatment.
 Other foreigners holding a Degree in Law which has been acknowledged by a Faculty of Law in
 Portugal may register as members of the Bar Association provided they undergo the required
 training and pass the final assessment and admission exam.
 571
 ---pagebreak--- Legal consultation is allowed by jurists, provided they have their professional residence
 (“domiciliação”) in PT, pass an admission exam and are registered in the Bar.
 In RO: A foreign lawyer may not make oral or written conclusions before the courts and other
 judicial bodies, except for international arbitration.
 In SE: (with respect also to Most-favoured-nation treatment) Without prejudice to the EU
 reservation above: A member of the Swedish Bar Association may not be employed by anyone other
 than a Bar member or a company conducting the business of a Bar member. However, a Bar
 member may be employed by a foreign company conducting the business of an advocate, provided
 that the company in question is domiciled in a country within the Union, the EEA or the Swiss
 Confederation. Subject to an exemption from the Board of the Swedish Bar Association, a member
 of the Swedish Bar Association may also be employed by a non-European Union law firm.
 Bar members conducting their practice in the form of a company or a partnership may not have any
 other objective and may not carry out any other business than the practice of an advocate.
 Collaboration with other advocate businesses is permitted, however, collaboration with foreign
 businesses requires permission by the Board of the Swedish Bar Association. Only a Bar member
 may directly or indirectly, or through a company, practise as an advocate, own shares in the
 company or be a partner. Only a member may be a member or deputy member of the Board or
 deputy managing director, or an authorised signatory or secretary of the company or the
 partnership.
 In SI: (with respect also to Most-favoured-nation treatment) A foreign lawyer who has the right to
 practise law in a foreign country may supply legal services or practise law under the conditions laid
 down in Article 34a of the Attorneys Act, provided the condition of actual reciprocity is fulfilled.
 Without prejudice to the EU reservation on non-discriminatory legal form requirements, commercial
 presence for appointed attorneys by the Slovene Bar Association is restricted to sole proprietorship,
 law firm with limited liability (partnership) or to a law firm with unlimited liability (partnership) only.
 The activities of a law firm shall be restricted to the practice of law. Only attorneys may be partners
 in a law firm.
 In SK: For non-EU lawyers actual reciprocity is required.
 (ii) Other legal services (host-jurisdiction law including legal advisory, arbitration, conciliation
 and mediation services and legal representational services).
 For greater certainty, consistent with the Headnotes, in particular paragraph 9, requirements to
 register with a Bar may include a requirement to have obtained a law degree in the host jurisdiction
 or its equivalent, or to have completed some training under the supervision of a licensed lawyer, or
 to have an office or a postal address within the jurisdiction of a specific Bar in order to be eligible to
 apply for membership in that Bar.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – National treatment, Local presence:
 In EU: Representation of natural or legal persons before the European Union Intellectual Property
 Office (EUIPO) may only be undertaken by a legal practitioner qualified in one of the Member States
 of the EEA and having their place of business within the EEA, to the extent that they are entitled,
 within the said Member State, to act as a representative in trade mark matters or in industrial
 property matters and by professional representatives whose names appear on the list maintained
 for this purpose by the EUIPO. (Part of CPC 861)
 572
 ---pagebreak--- In AT: EEA or Swiss nationality as well as residency (commercial presence) is required for the practice
 of legal services in respect of host jurisdiction (Union and Member State) law, including
 representation before courts. Only lawyers of EEA or Swiss nationality are allowed to provide legal
 services through commercial presence. The practice of legal services in respect of public
 international law and home-jurisdiction law is only allowed on a cross-border basis.
 Equity participation and shares in the operating result of any law firm by foreign lawyers (who must
 be fully qualified in their home-jurisdiction) is allowed up to 25 per cent; the rest must be held by
 fully qualified EEA or Swiss lawyers and only the latter may exercise decisive influence in the decision
 making of the law firm.
 In BE: (with respect also to Most-favoured-nation treatment) Residency is required for full admission
 to the Bar, including for representation before courts. The residency requirement for a foreign
 lawyer to obtain full admission to the Bar is at least six years from the date of application for
 registration, three years under certain conditions. Requirement to have a certificate issued by the
 Belgian Minister of Foreign Affairs under which the national law or international convention allows
 reciprocity (reciprocity condition).
 Foreign lawyers may practise as legal consultants. Lawyers who are members of foreign (non-EU)
 Bars and want to establish in Belgium but do not meet the conditions for registration on the Tableau
 of fully qualified lawyers, on the EU-list or on the List of Trainee Lawyers, may request registration
 on the so-called "B-List". Only at the Brussels Bar there exists such a “B-List”. A lawyer on the B-list is
 allowed to give advice. Representation before "the Cour de Cassation" is subject to nomination on a
 specific list.
 In BG: (with respect also to Most-favoured-nation treatment) Reserved to nationals of a Member
 State, of another State which is a party to the Agreement on the EEA, or of the Swiss Confederation
 who has been granted authorisation to pursue the profession of lawyer according to the legislation
 of any of the aforementioned countries. A foreign national (except for the above mentioned) who
 has been authorised to pursue the profession of lawyer in accordance with the legislation of his or
 her own country, may appeal before judicial bodies of the Republic of Bulgaria as defence-counsel or
 mandatary of a national of his or her own country, acting on a specific case, together with a
 Bulgarian attorney-at-law, in cases where this has been envisaged in an agreement between the
 Bulgarian and the respective foreign state, or on the basis of mutuality, making a preliminary request
 to this effect to the Chairperson of the Supreme Bar Council. Countries, in respect of which
 mutuality exists, shall be designated by the Minister of Justice, upon request of the Chairperson of
 the Supreme Bar Council. In order to provide legal mediation services, a foreign national must have a
 permit for long-term or permanent residence in the Republic of Bulgaria and has been entered in the
 Uniform Register of Mediators with the Minister of Justice
 In CY: EEA or Swiss nationality as well as residency (commercial presence) is required. Only
 advocates enrolled in the Bar may be partners or shareholders or members of the board of directors
 in a law company in Cyprus.
 In CZ: For foreign lawyers full admission to the Czech Bar Association and residence (commercial
 presence) is required.
 In DE: Only lawyers with EEA or Swiss qualification may be admitted to the Bar and are thus entitled
 to provide legal services. Commercial presence is required in order to obtain full admission to the
 Bar. Exemptions may be granted by the competent bar association. For foreign lawyers (with other
 573
 ---pagebreak--- than EEA and Swiss qualification) there may be restrictions for holding shares of a lawyers company
 which provides legal services in domestic law.
 In DK: Legal services provided under the title “advokat” (advocate) or any similar title, as well as
 representation before the courts, is reserved for advocates with a Danish license to practise. EU, EEA
 and Swiss advocates may practise under the title of their country of origin.
 Without prejudice to the EU reservation on non-discriminatory legal form requirements, shares of a
 law firm can only be owned by advocates who actively practise law in the firm, its parent company
 or its subsidiary company, other employees in the firm, or another law firm registered in Denmark.
 Other employees in the firm may collectively only own less than 10 per cent of the shares and of the
 voting rights, and in order to be shareholders they must pass an exam on the rules of particular
 importance for the practice of law.
 Only advocates who actively practise law in the firm, its parent company or its subsidiary company,
 other shareholders, and representatives of employees, may be members of the board. The majority
 of the members of the board must be advocates who actively practise law in the firm, its parent
 company or its subsidiary company. Only advocates who actively practise law in the firm, its parent
 company or its subsidiary company, and other shareholders having passed the exam mentioned
 above, may be a director of the law firm.
 In EE: Residency (commercial presence) is required.
 In EL: EEA or Swiss nationality and residency (commercial presence) is required
 In ES: EEA or Swiss nationality is required. The competent authorities may grant nationality waivers.
 In FI: EEA or Swiss residency and Bar membership is required for the use of the professional title of
 "advocate" (in Finnish "asianajaja" or in Swedish "advokat"). Legal services may also be provided by
 non-Bar members.
 In FR: Without prejudice to the EU reservation on non-discriminatory legal form requirements,
 residency or establishment in the EEA is required for full admission to the Bar, necessary for the
 practice of legal services In a law firm, shareholding and voting rights may be subject to quantitative
 restrictions related to the professional activity of the partners. Representation before "the Cour de
 Cassation" and "Conseil d'Etat" is subject to quotas and reserved for FR and EU nationals.
 For all lawyers, company must take one of the following legal forms authorised under French law on
 a non-discriminatory basis: SCP (société civile professionnelle), SEL (société d’exercice libéral), SEP
 (société en participation), SARL (société à responsabilité limitée), SAS (société par actions simplifiée),
 SA (société anonyme), SPE (société pluriprofessionnelle d'exercice) and “association”, under certain
 conditions. Residency or establishment in the EEA is required to practise on a permanent basis
 In HR: European Union nationality is required.
 In HU: EEA or Swiss nationality and residency (commercial presence) is required
 In LT: (With respect also to Most-favoured-nation treatment) EEA or Swiss nationality and residency
 (commercial presence) is required.
 574
 ---pagebreak--- Attorneys from foreign countries can practise as advocates in court only in accordance with
 international agreements, including specific provisions regarding representation before courts. Full
 admission to the Bar is required.
 In LU (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality and residency
 (commercial presence) is required. The Council of the Order may, on the basis of reciprocity, agree
 to waive the nationality requirement for a foreign national.
 In LV (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality is required.
 Attorneys from foreign countries can practise as advocates in court only in accordance with bilateral
 agreements on mutual legal assistance.
 For European Union or foreign advocates, special requirements exist. For example, participation in
 court proceedings in criminal cases is only permitted in association with an advocate of the Latvian
 Collegium of Sworn Advocates.
 In MT: EEA or Swiss nationality as well as residency (commercial presence) is required.
 In NL: Only locally-licensed lawyers registered in the Dutch registry can use the title "advocate".
 Instead of using the full term "advocate", (non-registered) foreign lawyers are obliged to mention
 their home-jurisdiction professional organisation for the purposes of their activities in the
 Netherlands.
 In PT (with respect also to Most-favoured-nation treatment): residency (commercial presence) is
 required. For representation before courts, full admission to the Bar is required. Foreigners holding a
 diploma awarded by any Faculty of Law in Portugal, may register with the Portuguese Bar (Ordem
 dos Advogados), under the same terms as Portuguese nationals, if their respective country grants
 Portuguese nationals reciprocal treatment.
 Other foreigners holding a Degree in Law which has been acknowledged by a Faculty of Law in
 Portugal may register as members of the Bar Association provided they undergo the required
 training and pass the final assessment and admission exam. Only law firms where the shares belong
 exclusively to lawyers admitted to the Portuguese Bar can practise in Portugal.
 In RO: A foreign lawyer may not make oral or written conclusions before the courts and other
 judicial bodies, except for international arbitration.
 In SE: (with respect also to Most-favoured-nation treatment) EEA or Swiss residency is required for
 admission to the Bar and use of the title of "advokat". Exemptions may be granted by the board of
 the Swedish Bar Association. Admission to the Bar is not necessary for the practice of Swedish law.
 Without prejudice to the EU reservation on non-discriminatory legal form requirements, a member
 of the Swedish Bar Association may not be employed by anyone other than a Bar member or a
 company conducting the business of a Bar member. However, a Bar member may be employed by a
 foreign company conducting the business of an advocate, provided that the company in question is
 domiciled in a country within the EEA or the Swiss Confederation. Subject to an exemption from the
 Board of the Swedish Bar Association, a member of the Swedish Bar Association may also be
 employed by a non-European Union law firm.
 Bar members conducting their practice in the form of a company or a partnership may not have any
 other objective and may not carry out any other business than the practice of an advocate.
 Collaboration with other advocate businesses is permitted, however, collaboration with foreign
 575
 ---pagebreak--- businesses requires permission by the Board of the Swedish Bar Association. Only a Bar member
 may directly or indirectly, or through a company, practise as an advocate, own shares in the
 company or be a partner. Only a member may be a member or deputy member of the Board or
 deputy managing director, or an authorised signatory or secretary of the company or the
 partnership.
 In SI: (with respect also to Most-favoured-nation treatment) Representing clients before the court
 against payment is conditioned by commercial presence in Republic of Slovenia. A foreign lawyer
 who has the right to practise home-jurisdiction law may perform legal services or practise law under
 the conditions laid down in Article 34a of the Attorneys Act, provided the condition of actual
 reciprocity is fulfilled.
 Without prejudice to the EU reservation on non-discriminatory legal form requirements, commercial
 presence for appointed attorneys by the Slovene Bar Association is restricted to sole proprietorship,
 law firm with limited liability (partnership) or to a law firm with unlimited liability (partnership) only.
 The activities of a law firm shall be restricted to the practice of law. Only attorneys may be partners
 in a law firm.
 In SK: (with respect also to Most-favoured-nation treatment) EEA nationality as well as residency
 (commercial presence) is required for the practice of legal services in respect of host-jurisdiction law,
 including representation before courts. For non-EU lawyers actual reciprocity is required.
 Measures:
 EU: Regulation (EU) 2017/1001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June
 2017 on the European Union trademark, Article 120; COUNCIL REGULATION (EC) No 6/2002 of 12
 December 2001 on Community designs, Article 78 .
 AT: Rechtsanwaltsordnung (Lawyers Act) - RAO, RGBl. Nr. 96/1868, Articles 1 and 21c.
 BE: Belgian Judicial Code (Articles 428-508); Royal Decree of 24 August 1970.
 BG: Attorney Law; Law for Mediation; and Law for the Notaries and Notarial Activity.
 CY: Advocates Law (Chapter 2), as amended.
 CZ: Act No. 85/1996 Coll., the Legal Profession Act.
 DE: § 59e, § 59f, § 206 Bundesrechtsanwaltsordnung (BRAO; Federal Lawyers Act);
 Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG); and § 10
 Rechtsdienstleistungsgesetz (RDG).
 DK: Retsplejeloven (Administration of Justice Act) chapters 12 and 13 (Consolidated Act No. 1284 of
 14 November 2018).
 EE: Advokatuuriseadus (Bar Association Act); Tsiviilkohtumenetluse seadustik (Code of Civil
 Procedure); halduskohtumenetluse seadustik (Code of Administrative Court Procedure);
 kriminaalmenetluse seadustik (Code of Criminal Procedure); and väärteomenetluse seadustik (Code
 of Misdemeanour Procedure).
 EL: New Lawyers' Code n. 4194/2013.
 576
 ---pagebreak--- ES: Estatuto General de la Abogacía Española, aprobado por Real Decreto 658/2001, Article 13.1a.
 FI: Laki asianajajista (Advocates Act) (496/1958), ss. 1 and 3; and Oikeudenkäymiskaari (4/1734)
 (Code of Judicial Procedure).
 FR: Loi 71-1130 du 31 décembre 1971, Loi 90- 1259 du 31 décembre 1990, décret 91-1197 du 27
 novembre 1991, and Ordonnance du 10 septembre 1817 modifiée.
 HR: Legal Profession Act (OG 9/94, 117/08, 75/09, 18/11).
 HU: ACT LXXVIII of 2017 on the professional activities of Attorneys at Law.
 LT: Law on the Bar of the Republic of Lithuania of 18 March 2004 No. IX-2066 as last amended on 12
 December 2017 by law No XIII-571.
 LU: Loi du 16 décembre 2011 modifiant la loi du 10 août 1991 sur la profession d'avocat.
 LV: Criminal Procedure Law, s. 79; and Advocacy Law of the Republic of Latvia, s. 4.
 MT: Code of Organisation and Civil Procedure (Cap. 12).
 NL: Advocatenwet (Act on Advocates).
 PT: Law 145/2015, 9 set., alterada p/ Lei 23/2020, 6 jul. (art.o 194 substituído p/ art.o 201.o; e art.o
 203.o substituído p/ art.o 213.o).
 Portuguese Bar Statute (Estatuto da Ordem dos Advogados) and Decree-Law 229/2004, Articles 5, 7
 – 9;
 Decree-law 88/2003, Articles 77 and 102;
 Solicitadores Public Professional Association Statute (Estatuto da Câmara dos Solicitadores), as
 amended by Law 49/2004, mas alterada p/ Lei 154/2015, 14 set; by Law 14/2006 and by Decree-Law
 n.o 226/2008 alterado p/ Lei 41/2013, 26 jun;
 Law 78/2001, Articles 31, 4 Alterada p/ Lei 54/2013, 31 jul.;
 Regulation of family and labour mediation (Ordinance 282/2010), alterada p/ Portaria 283/2018, 19
 out;
 Law 21/2007 on criminal mediation, Article 12;
 Law 22/2013, 26 fev., alterada p/ Lei 17/2017, 16 maio, alterada pelo Decreto-Lei 52/2019, 17 abril.
 RO: Attorney Law;
 Law for Mediation; and
 Law for the Notaries and the Notarial Activity.
 SE: Rättegångsbalken (The Swedish Code of Judicial Procedure) (1942:740); and Swedish Bar
 Association Code of Conduct adopted 29 August 2008.
 577
 ---pagebreak--- SI: Zakon o odvetništvu (Neuradno prečiščeno besedilo-ZOdv-NPB2 Državnega Zbora RS z dne
 21.5.2009 (Attorneys Act) unofficial consolidated text prepared by the Slovenian parliament from 21
 5.2009).
 SK: Act 586/2003 on Advocacy, Articles 2 and 12.
 With respect to Investment liberalisation - Market access, National treatment:
 In PL: Foreign lawyers may establish only in the form of a registered partnership, a limited
 partnership or a limited joint-stock partnership.
 Measures:
 PL: Act of 5 July 2002 on the provision by foreign lawyers of legal assistance in the Republic of
 Poland, Article 19.
 With respect to Cross-Border Trade in Services – Market access
 In IE, IT: Residency (commercial presence) is required for the practice of legal services in respect of
 host-jurisdiction law, including representation before courts.
 Measures:
 IE: Solicitors Acts 1954-2011.
 IT: Royal Decree 1578/1933, Article 17 law on the legal profession.
 (b) Patent agents, industrial property agents, intellectual property attorneys (part of CPC 879, 861,
 8613)
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Local presence:
 In BG, and CY: EEA or Swiss nationality is required for the practice of patent agency services. In CY,
 residency is required.
 In DE: Only patent lawyers having German qualifications may be admitted to the Bar and are thus
 entitled to provide patent agent services in Germany in domestic law. Foreign patent lawyers can
 offer legal services in foreign law when they prove expert knowledge, registration is required for
 legal services in Germany. Foreign (other than EEA and Swiss qualification) patent lawyers may not
 establish a firm together with national patent lawyers.
 Foreign (other than EEA and Swiss) patent lawyers may have their commercial presence only in the
 form of a Patentanwalts-GmbH or Patentanwalt-AG and may only acquire a minority share.
 In EE: Estonian or EU nationality as well as permanent residency is required for the practice of patent
 agency services.
 In ES and PT: EEA nationality is required for the practice of industrial property agent services.
 In FR: To be registered on the industrial property agent services list, establishment or residency in
 the EEA is required. EEA nationality is required for natural persons. To represent a client in front of
 the national intellectual property office, establishment in the EEA is required. Provision only through
 578
 ---pagebreak--- SCP (société civile professionnelle), SEL (société d’exercice libéral) or any other legal form, under
 certain conditions. Irrespective of the legal form, more than half of shares and voting rights must be
 held by EEA professionals. Law firms may be entitled to provide industrial property agent services
 (see reservation for legal services).
 With respect to Cross-border trade in services – Local presence:
 In FI and HU: EEA residency is required for the practice of patent agency services.
 In SI: Residency in Slovenia is required for a holder/applicant of registered rights (patents,
 trademarks, design protection). Alternatively, a patent agent or a trademark and design agent
 registered in Slovenia is required for the main purpose of services of process, notification, etc.
 Measures:
 BG: Article 4 of the Ordinance for Representatives regarding Intellectual Property.
 CY: Advocates Law (Chapter 2), as amended.
 DE: Patentanwaltsordnung (PAO).
 EE: Patendivoliniku seadus (Patent Agents Act) § 2, § 14.
 ES: Ley 11/1986, de 20 de marzo, de Patentes de Invención y Modelos de utilidad, Articles 155-157.
 FI: Tavaramerkkilaki (Trademarks Act) (7/1964);
 Laki auktorisoiduista teollisoikeusasiamiehistä (Act on Authorised Industrial Property Attorneys)
 (22/2014); and
 Laki kasvinjalostajanoikeudesta (Plant Breeder's Right Act) 1279/2009; and Mallioikeuslaki
 (Registered Designs Act) 221/1971.
 FR: Code de la propriété intellectuelle
 HU: Act XXXII of 1995 on Patent Attorneys.
 PT: Decree-Law 15/95, as modified by Law 17/2010, by Portaria 1200/2010, Article 5, and by Portaria
 239/2013; and Law 9/2009.
 SI: Zakon o industrijski lastnini (Industrial Property Act), Uradni list RS, št. 51/06 – uradno prečiščeno
 besedilo in 100/13 (Official Gazette of the Republic of Slovenia, No. 51/06 – official consolidated text
 and 100/13).
 With respect to Investment liberalisation – National treatment and Cross-border trade in services –
 National Treatment, Local presence:
 In IE: For establishment, at least one of the directors, partners, managers or employees of a
 company to be registered as a patent or intellectual property attorney in Ireland. Cross-border basis
 requires EEA nationality and commercial presence, principal place of business in an EEA Member
 State, qualification under the law of an EEA Member State.
 Measures:
 579
 ---pagebreak--- IE: Section 85 and 86 of the Trade Marks Act 1996, as amended;
 Rule 51, Rule 51A and Rule 51B of the Trade Marks Rules 1996, as amended; Section 106 and 107 of
 the Patent Act 1992, as amended; and Register of Patent Agent Rules S.I. 580 of 2015.
 (c) Accounting and bookkeeping services (CPC 8621 other than auditing services, 86213,
 86219, 86220)
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Local presence:
 In AT: The capital interests and voting rights of foreign accountants, bookkeepers, qualified
 according to the law of their home country, in an Austrian enterprise may not exceed 25 per cent.
 The service supplier must have an office or professional seat in the EEA (CPC 862).
 In FR: Establishment or residency is required. Provision through any company form except SNC
 (Société en nom collectif) and SCS (Société en commandite simple). Specific conditions apply to SEL
 (sociétés d’exercice libéral), AGC (Association de gestion et comptabilité) and SPE (Société pluri-
 professionnelle d’exercice). (CPC 86213, 86219, 86220).
 In IT: Residence or business domicile is required for enrolment in the professional register, which is
 necessary for the provision of accounting and bookkeeping services (CPC 86213, 86219, 86220).
 In PT: (with respect also to Most-favoured-nation treatment): Residence or business domicile is
 required for enrolment in the professional register by the Chamber of Certified Accountants (Ordem
 dos Contabilistas Certificados), which is necessary for the provision of accounting services, provided
 that there is reciprocal treatment for Portuguese nationals.
 Measures:
 AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl.
 I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4; and
 Bilanzbuchhaltungsgesetz (BibuG), BGBL. I Nr. 191/2013, §§ 7, 11, 28.
 FR: Ordonnance 45-2138 du 19 septembre 1945.
 IT: Legislative Decree 139/2005; and Law 248/2006.
 PT: Decree-Law n.o452/99, changed by Law n.o 139/2015, september 7th.
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 Market access:
 In CY: Access is restricted to natural persons. Authorisation is required, subject to an economic
 needs test. Main criteria: the employment situation in the sub-sector. Professional associations
 (partnerships) between natural persons are permitted.
 Measures:
 CY: Auditors Law of 2017 (Law 53(I)/2017).
 580
 ---pagebreak--- With respect to Cross-border trade in services – Local presence:
 In SI: Establishment in the European Union is required in order to provide accounting and
 bookkeeping services (CPC 86213, 86219, 86220).
 Measures:
 SI: Act on services in the internal market, Official Gazette RS No 21/10.
 (d) Auditing services (CPC – 86211, 86212 other than accounting and bookkeeping services)
 With respect to Investment liberalisation – National treatment, Most-favoured nation treatment and
 Cross-border trade in services – National treatment, Most-favoured nation treatment:
 In EU: Supply of statutory auditing services requires approval by the competent authorities of a
 Member State that may recognise the equivalence of the qualifications of an auditor who is a
 national of the United Kingdom or of any third country subject to reciprocity (CPC 8621).
 Measures:
 EU: Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the
 annual financial statements, consolidated financial statements and related reports of certain types of
 undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and
 repealing Council Directives 78/660/EEC and 83/349/EEC; and Directive 2006/43/EC on statutory
 audits of annual accounts and consolidated accounts.
 With respect to Investment liberalisation – Market access:
 In BG: Non-discriminatory legal form requirements may apply.
 Measures:
 BG: Independent Financial Audit Act.
 With respect to Investment liberalisation – Market access, National treatment, and Cross-border
 trade in services – Local presence:
 In AT: The capital interests and voting rights of foreign auditors, qualified according to the law of
 their home country, in an Austrian enterprise may not exceed 25 per cent. The service supplier must
 have an office or professional seat in the EEA.
 Measures:
 AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl.
 I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.
 With respect to Investment liberalisation – Market access and Cross-border trade in services – Local
 presence:
 In DK: Provision of statutory auditing services requires Danish approval as an auditor. Approval
 requires residency in a Member State of the EEA. Voting rights in approved audit firms of auditors
 and audit firms not approved in accordance with regulation implementing the Directive 2006/43/EC
 581
 ---pagebreak--- of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual
 accounts and consolidated accounts based on Article 54(3)(g) of the Treaty on statutory audit must
 not exceed 10 per cent of the voting rights.
 In FR: (with respect also to Most-favoured-nation treatment) For statutory audits: establishment or
 residency is required. British nationals may provide statutory auditing services in France, subject to
 reciprocity. Provision through any company form except those in which partners are considered to
 be traders (“commerçants”), such as SNC (Société en nom collectif) and SCS (Société en commandite
 simple).
 In PL: Establishment in the European Union is required in order to provide auditing services.
 Legal form requirements apply.
 Measures:
 DK: Revisorloven (The Danish Act on Approved Auditors and Audit Firms), Act No. 1287 of
 20/11/2018.
 FR: Code de commerce
 PL: Act of 11 May 2017 on statutory auditors, audit firms and public oversight - Journal of Laws of
 2017, item 1089.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In CY: Access is restricted to natural persons. Authorisation is required, subject to an economic
 needs test. Main criteria: the employment situation in the sub-sector. Professional associations
 (partnerships) between natural persons are permitted.
 In SK: Only an enterprise in which at least 60 per cent of capital interests or voting rights are
 reserved to Slovak nationals or nationals of a Member State may be authorised to carry out audits in
 the Slovak Republic.
 Measures:
 CY: Auditors Law of 2017 (Law 53(I)/2017).
 SK: Act No. 423/2015 on Statutory audit.
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 National treatment, Local presence:
 In DE: Auditing companies ("Wirtschaftsprüfungsgesellschaften") may only adopt legal forms
 admissible within the EEA. General partnerships and limited commercial partnerships may be
 recognised as 'Wirtschaftsprüfungsgesellschaften' if they are listed as trading partnerships in the
 commercial register on the basis of their fiduciary activities, Article 27 WPO. However, auditors from
 third countries registered in accordance with Article 134 WPO may carry out the statutory audit of
 annual fiscal statements or provide the consolidated financial statements of a company with its
 headquarters outside the Union, whose transferable securities are offered for trading in a regulated
 market.
 582
 ---pagebreak--- Measures:
 DE: Handelsgesetzbuch (HGB; Code of Commercial Law);
 Gesetz über eine Berufsordnung der Wirtschaftsprüfer (Wirtschaftsprüferordnung - WPO; Public
 Accountant Act).
 With respect to Investment liberalisation – National treatment and Cross-border trade in services –
 National treatment:
 In ES: statutory auditors must be a national of a Member State. This reservation does not apply to
 the auditing of non-European Union companies listed in a Spanish regulated market.
 Measures:
 ES: Ley 22/2015, de 20 de julio, de Auditoría de Cuentas (new Auditing Law: Law 22/2015 on Auditing
 services).
 With respect to Investment liberalisation – Market access, National treatment:
 In EE: Legal form requirements apply. The majority of the votes represented by the shares of an
 audit firm shall belong to sworn auditors subject to supervision of a competent authority of a EEA
 Member State, who have acquired their qualification in an EEA Member state, or to audit firms. At
 least three-fourths of the persons representing an audit firm on the basis of law shall have acquired
 their qualifications in an EEA Member State.
 Measures:
 EE: Auditors Activities Act (Audiitortegevuse seadus) § 76-77
 With respect to Investment liberalisation – National treatment, Most-favoured nation treatment and
 Cross-border trade in services – Local presence:
 In SI: Commercial presence is required. A third country audit entity may hold shares or form
 partnerships in Slovenian audit company provided that, under the law of the country in which the
 third-country audit entity is incorporated, Slovenian audit companies may hold shares or form
 partnership in an audit entity in that country (reciprocity requirement).
 Measures:
 SI: Auditing Act (ZRev-2), Official Gazette RS No 65/2008 (as last amended No 84/18); and Companies
 Act (ZGD-1), Official Gazette RS No 42/2006 (as last amended No 22/19 - ZPosS).
 With respect to Cross-border trade in services – Local presence:
 In BE: An establishment in Belgium is required where the professional activity will take place and
 where acts, documents and correspondence relating to it will be maintained, and to have at least
 one administrator or manager of the establishment approved as auditor.
 In FI: EEA residency required for at least one of the auditors of a Finnish Limited Liability company
 and of companies which are under the obligation to carry out an audit. An auditor must be a locally-
 licensed auditor or a locally-licensed audit firm.
 583
 ---pagebreak--- In HR: Auditing services may be provided only by legal persons established in Croatia or by natural
 persons resident in Croatia.
 In IT: Residency is required for the provision of auditing services by natural persons.
 In LT: Establishment in the EEA is required for the provision of auditing services.
 In SE: Only auditors approved in Sweden and auditing firms registered in Sweden may perform
 statutory auditing services. EEA residency is required. The titles of "approved auditor" and
 "authorised auditor" may only be used by auditors approved or authorised in Sweden. Auditors of
 co-operative economic associations and certain other enterprises who are not certified or approved
 accountants must be resident within the EEA, unless the Government, or a Government authority
 appointed by the Government, in a particular case allows otherwise.
 Measures:
 BE: Law of July 22nd, 1953 creating an Institute of the Auditors of Firms and organising the public
 supervision of the occupation of auditor of firms, coordinated on April 30th, 2007.
 (Public Accountant Act).
 FI: Tilintarkastuslaki (Auditing Act) (459/2007), Sectoral laws requiring the use of locally licensed
 auditors.
 HR: Audit Act (OG 146/05, 139/08, 144/12), Article 3.
 IT: Legislative Decree 58/1998, Articles 155, 158 and 161;
 Decree of the President of the Republic 99/1998; and Legislative Decree 39/2010, Article 2.
 LT: Law on Audit of 15 June 1999 No. VIII -1227 (a new version of 3 July 2008 No. X1676).
 SE: Revisorslagen (Auditors Act) (2001:883);
 Revisionslag (Auditing Act) (1999:1079);
 Aktiebolagslagen (Companies Act) (2005:551);
 Lag om ekonomiska föreningar (The Co-operative Economic Associations Act) (2018:672); and
 Others, regulating the requirements to make use of approved auditors.
 (e) Taxation advisory services (CPC 863, not including legal advisory and legal
 representational services on tax matters, which are to be found legal services)
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Local presence:
 In AT: The capital interests and voting rights of foreign tax advisors, qualified according to the law of
 their home country, in an Austrian enterprise may not exceed 25 per cent. The service supplier must
 have an office or professional seat in the EEA.
 Measures:
 584
 ---pagebreak--- AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl.
 I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.
 With respect to Investment liberalisation – Market access and Cross-border trade in services – Local
 presence:
 In FR: Establishment or residency is required. Provision through any company form except SNC
 (Société en nom collectif) and SCS (Société en commandite simple). Specific conditions apply to SEL
 (sociétés d’exercice libéral), AGC (Association de gestion et comptabilité) and SPE (Société pluri-
 professionnelle d’exercice).
 Measures:
 FR: Ordonnance 45-2138 du 19 septembre 1945.
 With respect to Investment liberalisation – National treatment and Cross-border trade in services –
 National treatment:
 In BG: Nationality of a Member State is required for tax advisors.
 Measures:
 BG: Accountancy Act;
 Independent Financial Audit Act; Income Taxes on Natural Persons Act; and Corporate Income Tax
 Act.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In CY: Access is restricted to natural persons. Authorisation is required, subject to an economic
 needs test. Main criteria: the employment situation in the sub-sector. Professional associations
 (partnerships) between natural persons are permitted.
 Measures:
 CY: Auditors Law of 2017 (Law 53(I)/2017).
 With respect to Cross-border trade in services – Local presence:
 In HU: EEA residency is required for the supply of taxation advisory services, insofar as they are
 being supplied by a natural person present in the territory of Hungary.
 In IT: Residency is required.
 Measures:
 HU: Act XCII of 2003 on the Rules of Taxation; and
 Decree of the Ministry of Finance no. 26/2008 on the licensing and registration of taxation advisory
 activities.
 585
 ---pagebreak--- IT: Legislative Decree 139/2005; and Law 248/2006.
 (f) Architecture and urban planning services, engineering and integrated engineering services
 (CPC 8671, 8672, 8673, 8674)
 With respect to Investment liberalisation – Market access:
 In FR: An architect may only establish in France in order to provide architectural services using one
 of the following legal forms (on a non-discriminatory basis): SA et SARL (sociétés anonymes, à
 responsabilité limitée), EURL (Entreprise unipersonnelle à responsabilité limitée), SCP (en
 commandite par actions), SCOP (Société coopérative et participative), SELARL (société d'exercice
 libéral à responsabilité limitée), SELAFA (société d'exercice libéral à forme anonyme), SELAS (société
 d'exercice libéral ) or SAS (Société par actions simplifiée), or as individual or as a partner in an
 architectural firm (CPC 8671).
 Measures:
 FR: Loi 90-1258 relative à l'exercice sous forme de société des professions libérales; Décret 95-129 du
 2 février 1995 relatif à l'exercice en commun de la profession d'architecte sous forme de société en
 participation;
 Décret 92-619 du 6 juillet 1992 relatif à l'exercice en commun de la profession d'architecte sous
 forme de société d'exercice libéral à responsabilité limitée SELARL, société d'exercice libéral à forme
 anonyme SELAFA, société d'exercice libéral en commandite par actions SELCA; and Loi 77-2 du 3
 janvier 1977.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In BG: Residency in the EEA or the Swiss Confederation is required for architecture, urban planning
 and engineering services provided by natural persons.
 Measures:
 BG: Spatial Development Act;
 Chamber of Builders Act; and
 Chambers of Architects and Engineers in Project Development Design Act.
 With respect to Investment liberalisation – National treatment and Cross-border trade in services –
 National treatment:
 In HR: A design or project created by a foreign architect, engineer or urban planner must be
 validated by an authorised natural or legal person in Croatia with regard to its compliance with
 Croatian Law (CPC 8671, 8672, 8673, 8674).
 Measures:
 HR: Act on Physical Planning and Building Activities (OG 118/18, 110/19)
 Physical Planning Act (OG 153/13, 39/19).
 586
 ---pagebreak--- With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – National treatment, Local presence:
 In CY: Nationality and residency condition applies for the provision of architecture and urban
 planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673, 8674).
 Measures:
 CY: Law 41/1962 as amended; Law 224/1990 as amended; and Law 29(I)2001 as amended.
 With respect to Cross-border trade in services – Local presence:
 In CZ: Residency in the EEA is required.
 In HU: EEA residency is required for the supply of the following services, insofar as they are being
 supplied by a natural person present in the territory of Hungary: architectural services, engineering
 services (only applicable to graduate trainees), integrated Engineering services and landscape
 architectural services (CPC 8671, 8672, 8673, 8674).
 In IT: residency or professional domicile/business address in Italy is required for enrolment in the
 professional register, which is necessary for the exercise of architectural and engineering services
 (CPC 8671, 8672, 8673, 8674).
 In SK: Residency in the EEA is required for registration in the professional chamber, which is
 necessary for the exercise of architectural and engineering services (CPC 8671, 8672, 8673, 8674).
 Measures:
 CZ: Act no. 360/1992 Coll. on practice of profession of authorised architects and authorised engineers
 and technicians working in the field of building constructions.
 HU: Act LVIII of 1996 on the Professional Chambers of Architects and Engineers.
 IT: Royal Decree 2537/1925 regulation on the profession of architect and engineer; Law
 1395/1923; and
 Decree of the President of the Republic (D.P.R.) 328/2001.
 SK: Act 138/1992 on Architects and Engineers, Articles 3, 15, 15a, 17a and 18a.
 With respect to Cross-border trade in services – Market access, National treatment:
 In BE: the provision of architectural services includes control over the execution of the works (CPC
 8671, 8674). Foreign architects authorised in their host countries and wishing to practice their
 profession on an occasional basis in Belgium are required to obtain prior authorisation from the
 Council of Order in the geographical area where they intend to practice their activity.
 Measures:
 BE: Law of February 20, 1939 on the protection of the title of the architect's profession; and
 Law of 26th June 1963, which creates the Order of Architects Regulations of December 16th,
 587
 ---pagebreak--- 1983 of ethics established by national Council in the Order of Architects (Approved by Article 1st of
 A.R. of April 18th, 1985, M.B., May 8th, 1985).
 Reservation No. 3 - Professional services (health related and retail of pharmaceuticals)
 Sector – sub-sector: Professional services – medical (including psychologists) and dental
 services; midwives, nurses, physiotherapists and paramedical
 personnel; veterinary services; retail sales of pharmaceutical, medical
 and orthopaedic goods and other services provided by pharmacists
 Industry classification: CPC 9312, 93191, 932, 63211
 Type of reservation: Market access
 National treatment
 Most-favoured-nation treatment
 Senior management and boards of directors
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 (a) Medical, dental, midwives, nurses, physiotherapists and para-medical services (CPC 852,
 9312, 93191)
 With respect to Investment liberalisation – National treatment, Most favoured nation treatment and
 Cross-border trade in services – National treatment, Most favoured nation treatment:
 In IT: European Union nationality is required for the services provided by psychologists, foreign
 professionals may be allowed to practice based on reciprocity (part of CPC 9312).
 Measures:
 IT: Law 56/1989 on the psychologist profession.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market Access, National treatment, Local presence:
 In CY: Cypriot nationality and residency condition applies for the provision of medical (including
 psychologists), dental, midwives, nurses, physiotherapists and para-medical services.
 Measures:
 CY: Registration of Doctors Law (Chapter 250) as amended;
 Registration of Dentists Law (Chapter 249) as amended;
 Law 75(I)/2013 - Podologists;
 Law 33(I)/2008 as amended- Medical Physics;
 588
 ---pagebreak--- Law 34(I)/2006 as amended - Occupational Therapists;
 Law 9(I)/1996 as amended - Dental Technicians;
 Law 68(I)/1995 as amended - Psychologists;
 Law 16(I)/1992 as amended - Opticians;
 Law 23(I)/2011 as amended - Radiologists/Radiotherapists;
 Law 31(I)/1996 as amended - Dieticians/Nutritionists;
 Law 140/1989 as amended - Physiotherapists; and
 Law 214/1988 as amended - Nurses.
 With respect to Investment liberalisation – Market Access and Cross-border trade in services –
 Market Access, Local presence:
 In DE (applies also to the regional level of government): Geographical restrictions may be imposed
 on professional registration, which apply to nationals and non-nationals alike.
 Doctors (including psychologists, psychotherapists, and dentists) need to register with the regional
 associations of statutory health insurance physicians or dentists (kassenärztliche or
 kassenzahnärztliche Vereinigungen), if they wish to treat patients insured by the statutory sickness
 funds. This registration can be subject to quantitative restrictions based on the regional distribution
 of doctors. For dentists this restriction does not apply. Registration is necessary only for doctors
 participating in the public health scheme. Non-discriminatory restrictions on the legal form of
 establishment required to provide these services may exist (§ 95 SGB V).
 For midwives services, access is restricted to natural persons only. For medical and dental services,
 access is possible for natural persons, licensed medical care centres and mandated bodies.
 Establishment requirements may apply.
 Regarding telemedicine, the number of ICT (information and communications technology) - service
 suppliers may be limited to guarantee interoperability, compatibility and necessary safety standards.
 This is applied in a non-discriminatory way (CPC 9312, 93191).
 Measures:
 Bundesärzteordnung (BÄO; Federal Medical Regulation);
 Gesetz über die Ausübung der Zahnheilkunde (ZHG);
 Gesetz über den Beruf der Psychotherapeutin und des Psychotherapeuten (PsychThG; Act on the
 Provision of Psychotherapy Services);
 Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung (Heilpraktikergesetz);
 Gesetz über das Studium und den Beruf von Hebammen(HebG);
 Gesetz über die Pflegeberufe (PflBG);
 589
 ---pagebreak--- Sozialgesetzbuch Fünftes Buch (SGB V; Social Code, Book Five) - Statutory Health Insurance.
 Regional level:
 Heilberufekammergesetz des Landes Baden-Württemberg ;
 Gesetz über die Berufsausübung, die Berufsvertretungen und die Berufsgerichtsbarkeit der
 Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der
 Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz - HKaG) in Bayern;
 Berliner Heilberufekammergesetz (BlnHKG);
 Heilberufsgesetz Brandenburg (HeilBerG);
 Bremisches Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die
 Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker
 (Heilberufsgesetz - HeilBerG);
 Heilberufsgesetz Mecklenburg-Vorpommern (Heilberufsgesetz M-V – HeilBerG);
 Heilberufsgesetz (HeilBG NRW);
 Heilberufsgesetz (HeilBG Rheinland-Pfalz);
 Gesetz über die öffentliche Berufsvertretung, die Berufspflichten, die Weiterbildung und die
 Berufsgerichtsbarkeit der Ärzte/ Ärztinnen, Zahnärzte/ Zahnärztinnen, psychologischen
 Psychotherapeuten/ Psychotherapeutinnen und Kinder- und
 Jugendlichenpsychotherapeuten/psychotherapeutinnen, Tierärzte/Tierärztinnen und
 Apotheker/Apothekerinnen im Saarland (Saarländisches Heilberufekammergesetz - SHKG);
 Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der Ärzte, Zahnärzte,
 Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder und
 Jugendlichenpsychotherapeuten im Freistaat (Sächsisches Heilberufekammergesetz –
 SächsHKaG)and Thüringer Heilberufegesetz.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market Access, Local presence:
 In FR: While other types of legal form are also available for Union investors, foreign investors only
 have access to the legal forms of "société d'exercice liberal"(SEL) and "société civile professionnelle"
 (SCP). For medical, dental and midwives services, French nationality is required. However, access by
 foreigners is possible within annually established quotas. For medical, dental and midwives services
 and services by nurses, provision through SEL à forme anonyme, à responsabilité limitée par actions
 simplifiée ou en commandite par actions SCP, société coopérative (for independent general and
 specialised practitioners only) or société interprofessionnelle de soins ambulatoires (SISA) for
 multidisciplinary health home (MSP) only.
 Measures:
 590
 ---pagebreak--- FR: Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, Loi n°2011-940
 du 10 août 2011 modifiant certaines dipositions de la loi n°2009-879 dite HPST, Loi n°47-1775
 portant statut de la coopération; and Code de la santé publique.
 With respect to Investment liberalisation – Market access:
 In AT: Cooperation of physicians for the purpose of ambulatory public healthcare, so-called group
 practices, can take place only under the legal form of Offene Gesellschaft/OG or Gesellschaft mit
 beschränkter Haftung/GmbH. Only physicians may act as associates of such a group practice. They
 must be entitled to independent medical practice, registered with the Austrian Medical Chamber
 and actively pursue the medical profession in the practice. Other natural or legal persons may not
 act as associates of the group practice and may not take share in its revenues or profits (part of CPC
 9312).
 Measures:
 AT: Medical Act, BGBl. I Nr. 169/1998, §§ 52a - 52c;
 Federal Act Regulating High Level Allied Health Professions, BGBl. Nr. 460/1992; and Federal Act
 regulating Medical Masseurs lower and upper level, BGBl. Nr. 169/2002.
 (b) Veterinary services (CPC 932)
 With respect to Investment liberalisation – Market access, National treatment, Most-favoured
 nation treatment and Cross-border trade in services – Market access, National treatment, Most-
 favoured nation treatment:
 In AT: Only nationals of a Member State of the EEA may provide veterinary services. The nationality
 requirement is waived for nationals of a non-Member State of the EEA where there is a Union
 agreement with that non-Member State of the EEA providing for national treatment with respect to
 investment and cross-border trade of veterinary services.
 In ES: Membership in the professional association is required for the practice of the profession and
 requires Union nationality, which may be waived through a bilateral professional agreement. The
 provision of veterinary services is restricted to natural persons.
 In FR: EEA nationality is required for the supply of veterinary services, but the nationality
 requirement may be waived subject to reciprocity. The legal forms available to a company providing
 veterinary services are limited to SCP (Société civile professionnelle) and SEL (Société d'exercice
 liberal).
 Other legal forms of company provided for by French domestic law or the law of another Member
 State of the EEA and having their registered office, central administration or principal place of
 business therein may be authorised, under certain conditions.
 Measures:
 AT: Tierärztegesetz (Veterinary Act), BGBl. Nr. 16/1975, §3 (2) (3).
 ES: Real Decreto 126/2013, de 22 de febrero, por el que se aprueban los Estatutos Generales de la
 Organización Colegial Veterinaria Española; Articles 62 and 64.
 591
 ---pagebreak--- FR: Code rural et de la pêche maritime.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – National treatment, Local presence:
 In CY: Nationality and residency condition applies for the provision of veterinary services.
 In EL: EEA or Swiss nationality is required for the supply of veterinary services.
 In HR: Only legal and natural persons established in a Member State for the purpose of conducting
 veterinary activities can supply cross border veterinary services in the Republic of Croatia. Only
 Union nationals can establish a veterinary practice in the Republic of Croatia.
 In HU: EEA nationality is required for membership of the Hungarian Veterinary Chamber, necessary
 for supplying veterinary services. Authorisation for establishment is subject to an economic needs
 test. Main criteria: labour market conditions in the sector.
 Measures:
 CY: Law 169/1990 as amended.
 EL: Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B).
 HR: Veterinary Act (OG 83/13, 148/13, 115/18), Articles 3 (67), Articles 105 and 121.
 HU: Act CXXVII of 2012 on the Hungarian Veterinary Chamber and on the conditions how to supply
 Veterinary services.
 With respect to Cross-border trade in services – Local presence:
 In CZ: Physical presence in the territory is required for the supply of veterinary services.
 In IT and PT: Residency is required for the supply of veterinary services.
 In PL: Physical presence in the territory is required for the supply of veterinary services to pursue the
 profession of veterinary surgeon present in the territory of Poland, non-European Union nationals
 have to pass an exam in Polish language organized by the Polish Chambers of Veterinary Surgeons.
 In SI: Only legal and natural persons established in a Member State for the purpose of conducting
 veterinary activities can supply cross border veterinary services in to the Republic of Slovenia.
 With respect to Investment liberalisation – Market acces, and Cross-border trade in services –
 Market Access:
 In SK: Residency in the EEA is required for registration in the professional chamber, which is
 necessary for the exercise of the profession. The provision of veterinary services is restricted to
 natural persons.
 Measures:
 CZ: Act No. 166/1999 Coll. (Veterinary Act), §58-63, 39; and
 Act No. 381/1991 Coll. (on the Chamber of Veterinary Surgeons of the Czech Republic), paragraph 4.
 592
 ---pagebreak--- IT: Legislative Decree C.P.S. 233/1946, Articles 7-9; and
 Decree of the President of the Republic (DPR) 221/1950, paragraph 7.
 PL: Law of 21st December 1990 on the Profession of Veterinary Surgeon and Chambers of Veterinary
 Surgeons.
 PT: Decree-Law 368/91 (Statute of the Veterinary Professional Association) alterado p/ Lei 125/2015,
 3 set.
 SI: Pravilnik o priznavanju poklicnih kvalifikacij veterinarjev (Rules on recognition of professional
 qualifications for veterinarians), Uradni list RS, št. (Official Gazette No) 71/2008, 7/2011, 59/2014 in
 21/2016, Act on services in the internal market, Official Gazette RS No 21/2010.
 SK: Act 442/2004 on Private Veterinary Doctors and the Chamber of Veterinary Doctors, Article 2.
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 Market access:
 In DE (applies also to the regional level of government): The supply of veterinary services is
 restricted to natural persons. Telemedicine may only be provided in the context of a primary
 treatment involving the prior physical presence of a veterinary.
 In DK and NL: The supply of veterinary services is restricted to natural persons.
 In IE: The supply of veterinary services is restricted to natural persons or partnerships.
 In LV: The supply of veterinary services is restricted to natural persons.
 Measures:
 DE: Bundes-Tierärzteordnung (BTÄO; Federal Code for the Veterinary Profession).
 Regional level:
 Acts on the Councils for the Medical Profession of the Länder (Heilberufs- und
 Kammergesetze der Länder) and (based on these)
 Baden-Württemberg, Gesetz über das Berufsrecht und die Kammern der Ärzte, Zahnärzte, Tierärzte
 Apotheker, Psychologischen Psychotherapeuten sowie der Kinder- und
 Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz - HBKG);
 Bayern, Gesetz über die Berufsausübung, die Berufsvertretungen und die Berufsgerichtsbarkeit der
 Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder-
 und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz - HKaG);
 Berliner Heilberufekammergesetz (BlnHKG);
 Brandenburg, Heilberufsgesetz (HeilBerG);
 593
 ---pagebreak--- Bremen, Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die
 Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker
 (Heilberufsgesetz - HeilBerG);
 Hamburg, Hamburgisches Kammergesetz für die Heilberufe (HmbKGH);
 Hessen, Gesetz über die Berufsvertretungen, die Berufsausübung, die Weiterbildung und die
 Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker, Psychologischen Psychotherapeuten
 und Kinder- und Jugendlichenpsychotherapeuten (Heilberufsgesetz);
 Mecklenburg-Vorpommern, Heilberufsgesetz (HeilBerG);
 Niedersachsen, Kammergesetz für die Heilberufe (HKG);
 Nordrhein-Westfalen, Heilberufsgesetz NRW (HeilBerg);
 Rheinland-Pfalz, Heilberufsgesetz (HeilBG);
 Saarland, Gesetz Nr. 1405 über die öffentliche Berufsvertretung, die Berufspflichten, die
 Weiterbildung und die Berufsgerichtsbarkeit der Ärzte/Ärztinnen, Zahnärzte/Zahnärztinnen,
 Tierärzte/Tierärztinnen und Apotheker/Apothekerinnen im Saarland (Saarländisches
 Heilberufekammergesetz - SHKG);
 Sachsen, Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der Ärzte,
 Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder- und
 Jugendlichenpsychotherapeuten im Freistaat Sachsen (Sächsisches Heilberufekammergesetz –
 SächsHKaG);
 Sachsen-Anhalt, Gesetz über die Kammern für Heilberufe Sachsen-Anhalt (KGHB-LSA);
 Schleswig-Holstein, Gesetz über die Kammern und die Berufsgerichtsbarkeit für die Heilberufe
 (Heilberufekammergesetz - HBKG);
 Thüringen, Thüringer Heilberufegesetz (ThürHeilBG); and
 Berufsordnungen der Kammern (Codes of Professional Conduct of the Veterinary Practitioners'
 Councils).
 DK: Lovbekendtgørelse nr. 40 af lov om dyrlæger af 15. januar 2020 (Consolidated act no. 40 of
 January 15th, 2020, on veterinary surgeons).
 IE: Veterinary Practice Act 2005.
 LV: Veterinary Medicine Law.
 NL: Wet op de uitoefening van de diergeneeskunde 1990 (WUD).
 (c) Retail sales of pharmaceuticals, medical and orthopaedic goods and other services
 provided by pharmacists (CPC 63211)
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors:
 594
 ---pagebreak--- In AT: The retail of pharmaceuticals and specific medical goods to the public may only be carried out
 through a pharmacy. Nationality of a Member State of the EEA or the Swiss Confederation is
 required in order to operate a pharmacy. Nationality of a Member State of the EEA or the Swiss
 Confederation is required for leaseholders and persons in charge of managing a pharmacy.
 Measures:
 AT: Apothekengesetz (Pharmacy Law), RGBl. Nr. 5/1907 as amended, §§ 3, 4, 12; Arzneimittelgesetz
 (Medication Act), BGBl. Nr. 185/1983 as amended, §§ 57, 59, 59a; and Medizinproduktegesetz
 (Medical Products Law), BGBl. Nr. 657/1996 as amended, § 99.
 With respect to Investment liberalisation – Market Access, National Treatment:
 In DE: Only natural persons (pharmacists) are permitted to operate a pharmacy. Nationals of other
 countries or persons who have not passed the German pharmacy exam may only obtain a licence to
 take over a pharmacy which has already existed during the preceding three years. The total number
 of pharmacies per person is restricted to one pharmacy and up to three branch pharmacies.
 In FR: EEA or Swiss nationality is required in order to operate a pharmacy.
 Foreign pharmacists may be permitted to establish within annually established quotas. Pharmacy
 opening must be authorised and commercial presence including sale at a distance of medicinal
 products to the public by means of information society services, must take one of the legal forms
 which are allowed under national law on a non-discriminatory basis: société d’exercice libéral (SEL)
 anonyme, par actions simplifiée, à responsabilité limitée unipersonnelle or pluripersonnelle, en
 commandite par actions, société en noms collectifs (SNC) or société à responsabilité limitée (SARL)
 unipersonnelle or pluripersonnelle only.
 Measures:
 DE: Gesetz über das Apothekenwesen (ApoG; German Pharmacy Act);
 Gesetz über den Verkehr mit Arzneimitteln (AMG);
 Gesetz über Medizinprodukte (MPG);
 Verordnung zur Regelung der Abgabe von Medizinprodukten (MPAV)
 FR: Code de la santé publique; and
 Loi 90-1258 du 31 décembre 1990 relative à l'exercice sous forme de société des professions
 libéralesand Loi 2015-990 du 6 août 2015.
 With respect to Investment liberalisation – National Treatment:
 In EL: European Union nationality is required in order to operate a pharmacy.
 In HU: EEA nationality is required in order to operate a pharmacy.
 In LV: In order to commence independent practice in a pharmacy, a foreign pharmacist or
 pharmacist's assistant, educated in a state which is not a Member State or a Member State of the
 595
 ---pagebreak--- EEA, must work for at least one year in a pharmacy in a Member State of the EEA under the
 supervision of a pharmacist.
 Measures:
 EL: Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011.
 HU: Act XCVIII of 2006 on the General Provisions Relating to the Reliable and Economically Feasible
 Supply of Medicinal Products and Medical Aids and on the Distribution of Medicinal Products.
 LV: Pharmaceutical Law, s. 38.
 With respect to Investment liberalisation – Market access:
 In BG: Managers of pharmacies must be qualified pharmacists and may only manage one pharmacy
 in which they themselves work. A quota (not more than 4) exists for the number of pharmacies
 which may be owned per person in the Republic of Bulgaria.
 In DK: Only natural persons, who have been granted a pharmacist licence from the Danish Health
 and Medicines Authority, are permitted to provide retail services of pharmaceuticals and specific
 medical goods to the public.
 In ES, HR, HU, and PT: Establishment authorisation is subject to an economic needs test.
 Main criteria: population and density conditions in the area.
 In IE: The mail order of pharmaceuticals is prohibited, with the exception of non-prescription
 medicines.
 In MT: Issuance of Pharmacy licences under specific restrictions. No person shall have more than one
 licence in his name in any town or village (Regulation 5(1) of the Pharmacy Licence Regulations
 (LN279/07)), except in the case where there are no further applications for that town or village
 (Regulation 5(2) of the Pharmacy Licence Regulations (LN279/07)).
 In PT: In commercial companies where the capital is represented by shares, these shall be
 nominative. A person shall not hold or exercise, at the same time, directly or indirectly, ownership,
 operation or management of more than four pharmacies.
 In SI: The network of pharmacies in Slovenia consists of public pharmacy institutions, owned by
 municipalities, and of private pharmacists with concession where the majority owner must be a
 pharmacist by profession. Mail order of pharmaceuticals requiring a prescription is prohibited.
 Measures:
 BG: Law on Medicinal Products in Human Medicine, arts. 222, 224, 228.
 DK: Apotekerloven (Danish Pharmacy Act) LBK nr. 801 12/06/2018.
 ES: Ley 16/1997, de 25 de abril, de regulación de servicios de las oficinas de farmacia (Law
 16/1997, of 25 April, regulating services in pharmacies), Articles 2, 3.1; and
 596
 ---pagebreak--- Real Decreto Legislativo 1/2015, de 24 de julio por el que se aprueba el Texto refundido de la Ley de
 garantías y uso racional de los medicamentos y productos sanitarios (Ley 29/2006).
 HR: Health Care Act (OG 100/18, 125/19).
 HU: Act XCVIII of 2006 on the General Provisions Relating to the Reliable and Economically Feasible
 Supply of Medicinal Products and Medical Aids and on the Distribution of Medicinal Products.
 IE: Irish Medicines Boards Acts 1995 and 2006 (No. 29 of 1995 and No. 3 of 2006); Medicinal
 Products (Prescription and Control of Supply) Regulations 2003, as amended (S.I. 540 of 2003);
 Medicinal Products (Control of Placing on the Market) Regulations 2007, as amended (S.I. 540 of
 2007); Pharmacy Act 2007 (No. 20 of 2007); Regulation of Retail Pharmacy Businesses Regulations
 2008, as amended, (S.I. No 488 of 2008)
 MT: Pharmacy Licence Regulations (LN279/07) issued under the Medicines Act (Cap. 458).
 PT: Decree-Law 307/2007, Articles 9, 14 and 15 Alterado p/ Lei 26/2011, 16 jun., alterada:
 - p/ Acórdão TC 612/2011, 24/01/2012,
 - p/ Decreto-Lei 171/2012, 1 ago.,
 - p/ Lei 16/2013, 8 fev.,
 - p/ Decreto-Lei 128/2013, 5 set.,
 - p/ Decreto-Lei 109/2014, 10 jul.,
 - p/ Lei 51/2014, 25 ago.,
 - p/ Decreto-Lei 75/2016, 8 nov.; and Ordinance 1430/2007revogada p/ Portaria 352/2012, 30 out.
 SI: Pharmacy Services Act (Official Gazette of the RS No. 85/2016); and Medicinal Products Act
 (Official Gazette of the RS, No. 17/2014).
 With respect to Investment liberalisation – Market Access, National treatment, Most-Favoured
 Nation treatment and Cross-border trade in services – Market access, National treatment:
 In IT: The practice of the profession is possible only for natural persons enrolled in the register, as
 well as for legal persons in the form of partnerships, where every partner of the company must be
 an enrolled pharmacist. Enrolment in the pharmacist professional register requires nationality of a
 Member State of the European Union or residency and the practice of the profession in Italy. Foreign
 nationals having the necessary qualifications may enrol if they are citizens of a country with whom
 Italy has a special agreement, authorising the exercise of the profession, under condition of
 reciprocity (D. Lgsl. CPS 233/1946 Articles 7-9 and D.P.R. 221/1950 paragraphs 3 and 7). New or
 vacant pharmacies are authorised following a public competition. Only nationals of a Member State
 of the European Union enrolled in the Register of pharmacists ("albo") are able to participate in a
 public competition.
 Establishment authorisation is subject to an economic needs test. Main criteria: population and
 density conditions in the area.
 597
 ---pagebreak--- Measures:
 IT: Law 362/1991, Articles 1, 4, 7 and 9;
 Legislative Decree CPS 233/1946, Articles 7-9; and
 Decree of the President of the Republic (D.P.R. 221/1950, paragraphs 3 and 7).
 With respect to Investment liberalisation – Market Access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In CY: Nationality requirement applies for the provision of retail sales of pharmaceuticals, medical
 and orthopaedic goods and other services provided by pharmacists (CPC 63211).
 Measures:
 CY: Pharmacy and Poisons Law (Chapter 254) as amended.
 With respect to Investment liberalisation – Market Access and Cross-border services – Market
 access:
 In BG: The retail of pharmaceuticals and specific medical goods to the public may only be carried out
 through a pharmacy. The mail order of pharmaceuticals is prohibited, with the exception of non-
 prescription medicines.
 In EE: The retail of pharmaceuticals and specific medical goods to the public may only be carried out
 through a pharmacy. Mail order sale of medicinal products as well as delivery by post or express
 service of medicinal products ordered through the Internet is prohibited. Establishment
 authorisation is subject to an economic needs test. Main criteria: density conditions in the area.
 In EL: Only natural persons, who are licenced pharmacists, and companies founded by licenced
 pharmacists, are permitted to provide retail services of pharmaceuticals and specific medical goods
 to the public.
 In ES: Only natural persons, who are licenced pharmacists, are permitted to provide retail services of
 pharmaceuticals and specific medical goods to the public. Each pharmacist cannot obtain more than
 one licence.
 In LU: Only natural persons are permitted to provide retail services of pharmaceuticals and specific
 medical goods to the public.
 In NL: Mail order of medicine is subject to requirements.
 Measures:
 BG: Law on Medicinal Products in Human Medicine, arts.219, 222, 228, 234(5).
 EE: Ravimiseadus (Medicinal Products Act), RT I 2005, 2, 4; § 29 (2) and § 41 (3); and
 Tervishoiuteenuse korraldamise seadus (Health Services Organisation Act, RT I 2001, 50, 284).
 EL: Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011.
 ES: Ley 16/1997, de 25 de abril, de regulación de servicios de las oficinas de farmacia (Law
 598
 ---pagebreak--- 16/1997, of 25 April, regulating services in pharmacies), Articles 2, 3.1; and
 Real Decreto Legislativo 1/2015, de 24 de julio por el que se aprueba el Texto refundido de la Ley de
 garantías y uso racional de los medicamentos y productos sanitarios (Ley 29/2006).
 LU: Loi du 4 juillet 1973 concernant le régime de la pharmacie (annex a043);
 Règlement grand-ducal du 27 mai 1997 relatif à l'octroi des concessions de pharmacie (annex a041);
 and
 Règlement grand-ducal du 11 février 2002 modifiant le règlement grand-ducal du 27 mai 1997 relatif
 à l'octroi des concessions de pharmacie (annex a017).
 NL: Geneesmiddelenwet, article 67.
 With respect to Investment liberalisation – National treatment and Cross-border services – Local
 presence:
 In BG: Permanent residency is required for pharmacists.
 Measures:
 BG: Law on Medicinal Products in Human Medicine, arts. 146, 161, 195, 222, 228.
 With respect to Cross-border trade in services – Local presence:
 In DE, SK: Residency is required in order to obtain a licence as a pharmacist or to open a pharmacy
 for the retail of pharmaceuticals and certain medical goods to the public.
 Measures:
 DE: Gesetz über das Apothekenwesen (ApoG; German Pharmacy Act);
 Gesetz über den Verkehr mit Arzneimitteln (AMG);
 Gesetz über Medizinprodukte (MPG);
 Verordnung zur Regelung der Abgabe von Medizinprodukten (MPAV).
 SK: Act 362/2011 on pharmaceuticals and medical devices, Article 6; and
 Act 578/2004 on healthcare providers, medical employees, professional organisation in healthcare.
 599
 ---pagebreak--- Reservation No. 4 - Research and development services
 Sector – sub-sector: Research and development (R&D) services
 Industry classification: CPC 851, 853
 Type of reservation: Market access
 National treatment
 Chapter: Investment liberalisation and Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 The EU: For publicly funded research and development (R&D) services benefitting from funding
 provided by the European Union at the European Union level, exclusive rights or authorisations may
 only be granted to nationals of the Member States of the European Union and to legal persons of
 the European Union having their registered office, central administration or principal place of
 business in the European Union (CPC 851, 853).
 For publicly funded R&D services benefitting from funding provided by a Member State exclusive
 rights or authorisations may only be granted to nationals of the Member State of the European
 Union concerned and to legal persons of the Member State concerned having their headquarters in
 that Member State (CPC 851, 853).
 This reservation is without prejudice to Part Five [Participation in Union Programmes, Sound
 Financial Management and Financial Provisions] and to the exclusion of procurement by a Party or
 subsidies, in paragraphs 6 and 7 of Article SERVIN.1.1 [Objective and scope].
 Measures:
 EU: All currently existing and all future Union research or innovation framework programmes,
 including the Horizon 2020 Rules for Participation and regulations pertaining to Joint Technology
 Initiatives (JTIs), Article 185 Decisions, and the European Institute for Innovation and Technology
 (EIT), as well as existing and future national, regional or local research programmes.
 600
 ---pagebreak--- Reservation No. 5 - Real estate services
 Sector – sub-sector: Real estate services
 Industry classification: CPC 821, 822
 Type of reservation: Market access
 National treatment
 Most-favoured-nation treatment
 Local presence
 Chapter: Investment liberalisation and Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 With respect to Investment liberalisation – Market Access, National treatment and Cross-border
 trade in services – National treatment, Local presence:
 In CY: For the supply of real estate services, nationality and residency condition applies.
 Measures:
 CY: The Real Estate Agents Law 71(1)/2010 as amended.
 With respect to Cross-border trade in services – Local presence:
 In CZ: Residency for natural persons and establishment for legal persons in the Czech Republic are
 required to obtain the licence necessary for the provision of real estate services.
 In HR: Commercial presence in EEA is required to supply real estate services.
 In PT: EEA residency is required for natural persons. EEA incorporation is required for legal persons.
 Measures:
 CZ: Trade Licensing Act.
 HR: Real Estate Brokerage Act (OG 107/07 and 144/12), Article 2.
 PT: Decree-Law 211/2004 (Articles 3 and 25), as amended and republished by Decree-Law 69/2011.
 With respect to Investment liberalisation – National treatment and Cross-border trade in services –
 Local presence:
 In DK: For the supply of real estate services by a natural person present in the territory of
 Denmark, only authorised real estate agent who are natural persons that have been admitted to the
 Danish Business Authority's real estate agent register may use the title of "real estate agent". The act
 601
 ---pagebreak--- requires that the applicant be a Danish resident or a resident of the Union, EEA or the Swiss
 Confederation.
 The Act on the sale of real estate is only applicable when providing real estate services to
 consumers. The Act on the sale of real estate does not apply to the leasing of real estate (CPC 822).
 Measures:
 DK: Lov om formidling af fast ejendom m.v. lov. nr. 526 af 28.05.2014 (The Act on the sale of real
 estate).
 With respect to Cross-border trade in services – Market access, National treatment, Most-favoured-
 nation treatment:
 In SI: In so far as the United Kingdom allows Slovenian nationals and enterprises to supply real estate
 agent services, Slovenia will allow nationals of the United Kingdom and enterprises to supply real
 estate agent services under the same conditions, in addition to the fulfilment of the following
 requirements: entitlement to act as a real estate agent in the country of origin, submission of the
 relevant document on impunity in criminal procedures, and inscription into the registry of real
 estate agents at the competent (Slovenian) ministry.
 Measures:
 SI: Real Estate Agencies Act.
 602
 ---pagebreak--- Reservation No. 6 - Business services
 Sector – sub-sector: Business services - rental or leasing services without operators;
 services related to management consulting; technical testing and
 analyses; related scientific and technical consulting services; services
 incidental to agriculture; security services; placement services;
 translation and interpretation services and other business services
 Industry classification: ISIC Rev. 37, part of CPC 612, part of 621, part of 625, 831, part of
 85990, 86602, 8675, 8676, 87201, 87202, 87203, 87204, 87205, 87206,
 87209, 87901, 87902, 87909, 88, part of 893
 Type of reservation: Market access
 National treatment
 Most-favoured-nation treatment
 Senior management and boards of directors
 Local presence
 Chapter: Investment liberalisation and Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 (a) Rental or leasing services without operators (CPC 83103, CPC 831)
 With respect to Investment liberalisation – Market access, National treatment:
 In SE: To fly the Swedish flag, proof of dominating Swedish operating influence must be shown in
 case of foreign ownership interests in ships. Dominating Swedish operating influence means that the
 operation of the ship is located in Sweden and that the ship also has a more than half of the shares
 of either Swedish ownership or ownership of persons in another EEA country. Other foreign ships
 may under certain conditions be granted an exemption from this rule where they are rented or
 leased by Swedish legal persons through bareboat charter contracts (CPC 83103).
 Measures:
 SE: Sjölagen (Maritime Law) (1994:1009), Chapter 1, § 1.
 With respect to Cross-border trade in services – Local presence:
 In SE: Suppliers of rental or leasing services of cars and certain off-road vehicles
 (terrängmotorfordon) without a driver, rented or leased for a period of less than one year, are
 obliged to appoint someone to be responsible for ensuring, among other things, that the business is
 conducted in accordance with applicable rules and regulations and that the road traffic safety rules
 are followed. The responsible person must reside in the EEA (CPC 831).
 Measures:
 SE: Lag (1998: 424) om biluthyrning (Act on renting and leasing cars).
 603
 ---pagebreak--- (b) Rental or leasing services and other business services related to aviation
 With respect to Investment liberalisation - Market access, National treatment, Most-favoured nation
 treatment, and Cross-border trade in services - Market access, National treatment, Most-favoured-
 nation treatment:
 The EU: For rental or leasing of aircraft without crew (dry lease), aircraft used by an air carrier of the
 European Union are subject to applicable aircraft registration requirements. A dry lease agreement
 to which a Union carrier is a party shall be subject to requirements in the Union or national law on
 aviation safety, such as prior approval and other conditions applicable to the use of third countries'
 registered aircraft. To be registered, aircraft may be required to be owned either by natural persons
 meeting specific nationality criteria or by enterprises meeting specific criteria regarding ownership
 of capital and control (CPC 83104).
 With respect to computer reservation system (CRS) services, where Union air carriers are not
 accorded, by CRS services suppliers operating outside the Union, equivalent (meaning non-
 discriminatory) treatment to the treatment provided by Union CRS service suppliers to air carriers of
 a third country in the Union, or where Union CRS services suppliers are not accorded, by non-
 European Union air carriers, equivalent treatment to the treatment provided by air carriers in the
 Union to CRS service suppliers of a third country, measures may be taken to accord the equivalent
 discriminatory treatment, respectively, to the non- Union air carriers by the CRS services suppliers
 operating in the Union, or to the non-European Union CRS services suppliers by Union air carriers.
 Measures:
 EU: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September
 2008 on common rules for the operation of air services in the Community (Recast); and Regulation
 (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of
 Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89.
 With respect to Investment liberalisation - National treatment and Cross-border trade in services -
 Market access, National treatment
 In BE: Private (civil) aircraft belonging to natural persons who are not nationals of a member state of
 the EEA may only be registered if they are domiciled or resident in Belgium without interruption for
 at least one year. Private (civil) aircraft belonging to foreign legal entities not formed in accordance
 with the law of a member state of the EEA may only be registered if they have a seat of operations,
 an agency or an office in Belgium without interruption for at least one year (CPC 83104).
 Authorisation procedures for aerial fire-fighting, flight training, spraying, surveying, mapping,
 photography, and other airborne agricultural, industrial and inspection services.
 Measures:
 BE: Arrêté Royal du 15 mars 1954 réglementant la navigation aérienne.
 (c) Services related to management consulting – arbitration and conciliation services (CPC
 86602)
 With respect to Cross-border trade in services –National treatment, Local presence:
 604
 ---pagebreak--- In BG: For mediation services, permanent or long-term residency in the republic of Bulgaria is
 required for citizens of countries other than a member state of the EEA or the Swiss Confederation.
 In HU: An authorisation, by means of admission into the register, by the minister in charge of the
 juridical system is required for the pursuit of mediation (such as arbitration and conciliation)
 activities which may only be granted to legal or natural persons that are established in or resident in
 Hungary.
 Measures:
 BG: Mediation Act, Art. 8.”
 HU: Act LV of 2002 on Mediation.
 (d) Technical testing and analysis services (CPC 8676)
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In CY: The provision of services by chemists and biologists requires nationality of a Member State.
 In FR: The professions of biologist are reserved for natural persons, EEA nationality required.
 Measures:
 CY: Registration of Chemists Law of 1988 (Law 157/1988), as amended.
 FR: Code de la Santé Publique.
 With respect to Investment liberalisation – Market Access, National treatment and Cross-border
 trade in services – Local presence:
 In BG: Establishment in Bulgaria according to the Bulgarian Commercial Act and registration in the
 Commercial register is required for provision of technical testing and analysis services.
 For the periodical inspection for proof of technical condition of road transport vehicles, the person
 should be registered in accordance with the Bulgarian Commercial Act or the Non-Profit Legal
 Persons Act, or else be registered in another Member State of the EEA.
 The testing and analysis of the composition and purity of air and water may be conducted only by
 the Ministry of Environment and Water of Bulgaria, or its agencies in co-operation with the Bulgarian
 Academy of Sciences.
 Measures:
 BG: Technical Requirements towards Products Act;
 Measurement Act;
 Clean Ambient Air Act; and
 Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of road
 transport vehicles.
 605
 ---pagebreak--- With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and
 Cross-border trade in services –National treatment, Most-favoured-nation treatment, Local
 presence:
 In IT: For biologists, chemical analysts, agronomists and "periti agrari", residency and enrolment in
 the professional register are required. Third country nationals can enrol under condition of
 reciprocity.
 Measures:
 IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal Decree
 842/1928 on the profession of chemical analysts.
 (e) Related scientific and technical consulting services (CPC 8675)
 With respect to Investment liberalisation – National treatment, Most-favoured nation treatment and
 Cross-border trade in services –National treatment, Most-favoured-nation treatment, Local
 presence:
 In IT: Residency or professional domicile in Italy is required for enrolment in the geologists' register,
 which is necessary for the practice of the professions of surveyor or geologist in order to provide
 services relating to the exploration and the operation of mines, etc. Nationality of a Member State is
 required; however, foreigners may enrol under condition of reciprocity.
 Measures:
 IT: Geologists: Law 112/1963, Articles 2 and 5; D.P.R. 1403/1965, Article 1.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – National treatment, Local presence:
 In BG: For natural persons, nationality and residency of a Member State of the EEA or the Swiss
 Confederation is required in order to execute functions pertinent to geodesy, cartography and
 cadastral surveying. For legal entities, trade registration under the legislation of a Member State of
 the EEA or the Swiss Confederation is required.
 Measures:
 BG: Cadastre and Property Register Act; and Geodesy and Cartography Act.
 With respect to Investment liberalisation – National Treatment and Cross-border trade in services –
 National treatment:
 In CY: Nationality requirement applies for the provision of relevant services.
 Measures:
 CY: Law 224/1990 as amended.
 With respect to Investment liberalisation – Market Access, National Treatment and Cross-border
 trade in services – Market Access:
 606
 ---pagebreak--- In FR: For surveying, access through SEL (anonyme, à responsabilité limitée ou en commandite par
 actions), SCP (Société civile professionnelle), SA and SARL (sociétés anonymes, à responsabilité
 limitée) only. For exploration and prospecting services establishment is required. This requirement
 may be waived for scientific researchers, by decision of the Minister of scientific research, in
 agreement with the Minister of Foreign affairs.
 Measures:
 FR: Loi 46-942 du 7 mai 1946 and décret n°71-360 du 6 mai 1971.
 With respect to Investment liberalisation – Market Access, National Treatment and Cross-border
 trade in services –National Treatment, Local presence:
 In HR: Services of basic geological, geodetic and mining consulting as well as related environmental
 protection consulting services in the territory of Croatia can be carried out only jointly with or
 through domestic legal persons.
 Measures:
 HR: Ordinance on requirements for issuing approvals to legal persons for performing professional
 environmental protection activities (OG No.57/10), Arts. 32-35.
 (f) Services incidental to agriculture (part of CPC 88)
 With respect to Investment liberalisation –National Treatment and Cross-border trade in services –
 National treatment, Most-favoured-nation treatment, Local presence:
 In IT: For biologists, chemical analysts, agronomists and "periti agrari", residency and enrolment in
 the professional register are required. Third country nationals can enrol under condition of
 reciprocity.
 Measures:
 IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal Decree
 842/1928 on the profession of chemical analysts.
 With respect to Investment liberalisation – Market Access, Most-favoured-nation treatment and
 Cross-border trade in services – Market access Most-favoured-nation treatment:
 In PT: The professions of biologist, chemical analyst and agronomist are reserved for natural
 persons. For third-country nationals, reciprocity regime applies in the case of engineers and
 technical engineers (and not a citizenship requirement). For biologists, there is not a citizenship
 requirement nor a reciprocity requirement.
 Measures:
 PT: Decree Law 119/92 alterado p/ Lei 123/2015, 2 set. (Ordem Engenheiros);
 Law 47/2011 alterado p/ Lei 157/2015, 17 set. (Ordem dos Engenheiros Técnicos); and
 Decree Law 183/98 alterado p/ Lei 159/2015, 18 set. (Ordem dos Biólogos).
 (g) Security Services (CPC 87302, 87303, 87304, 87305, 87309)
 607
 ---pagebreak--- With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment, Local presence:
 In IT: Nationality of a Member State of the European Union and residency is required in order to
 obtain the necessary authorisation to supply security guard services and the transport of valuables.
 In PT: The provision of security services by a foreign supplier on a cross-border basis is not allowed.
 A nationality requirement exists for specialised personnel.
 Measures:
 IT: Law on public security (TULPS) 773/1931, Articles 133-141; Royal Decree 635/1940, Article 257.
 PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio; and Ordinance 273/2013 alterada p/ Portaria
 106/2015, 13 abril.
 With respect to Investment liberalisation – National treatment, Most-Favoured Nation treatment
 and Cross-border trade in services – Local presence:
 In DK: Residence requirement for individuals applying for an authorisation to provide security
 services.
 Residence is also required for managers and the majority of members of the board of a legal entity
 applying for an authorisation to conduct security services. However, residence for management and
 boards of directors is not required to the extent it follows from international agreements or orders
 issued by the Minister for Justice.
 Measures:
 DK: Lovbekendtgørelse 2016-01-11 nr. 112 om vagtvirksomhed.
 With respect to Cross-border trade in services – Local presence:
 In EE: Residency is required for security guards.
 Measures:
 EE: Turvaseadus (Security Act) § 21, § 22.
 (h) Placement Services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209)
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment (applies to the regional level of government):
 In BE: In all Regions in Belgium, a company having its head office outside the EEA has to demonstrate
 that it supplies placement services in its country of origin. In the Walloon Region, a specific type of
 legal entity (régulièrement constituée sous la forme d'une personne morale ayant une forme
 commerciale, soit au sens du droit belge, soit en vertu du droit d'un Etat membre ou régie par celui-
 ci, quelle que soit sa forme juridique) is required to supply placement services. A company having its
 head office outside the EEA has to demonstrate that it fulfils the conditions as set out in the Decree
 (for instance on the type of legal entity). In the German-speaking community, a company having its
 608
 ---pagebreak--- head office outside the EEA has to fulfil the admission criteria established by the mentioned Decree
 (CPC 87202).
 Measures:
 BE: Flemish Region: Article 8, § 3, Besluit van de Vlaamse Regering van 10 december 2010 tot
 uitvoering van het decreet betreffende de private arbeidsbemiddeling.
 Walloon Region: Décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences de
 placement (Decree of 3 April 2009 on registration of placement agencies), Article 7; and Arrêté du
 Gouvernement wallon du 10 décembre 2009 portant exécution du décret du 3 avril
 2009 relatif à l'enregistrement ou à l'agrément des agences de placement (Decision of the Walloon
 Government of 10 December 2009 implementing the Decree of 3 April 2009 on registration of
 placement agencies), Article 4.
 German-speaking community: Dekret über die Zulassung der Leiharbeitsvermittler und die
 Überwachung der privaten Arbeitsvermittler / Décret du 11 mai 2009 relatif à l'agrément des
 agences de travail intérimaire et à la surveillance des agences de placement privées, Article 6.
 With respect to Investment liberalisation – National treatment and Cross-border trade in services –
 National treatment, Local presence:
 In DE: Nationality of a Member State of the European Union or a commercial presence in the
 European Union is required in order to obtain a licence to operate as a temporary employment
 agency (pursuant to s. 3 paragraphs 3 to 5 of this Act on temporary agency work
 (Arbeitnehmerüberlassungsgesetz). The Federal Ministry of Labour and Social Affairs may issue a
 regulation concerning the placement and recruitment of non-EEA personnel for specified professions
 e.g. for health and care related professions. The licence or its extension shall be refused if
 establishments, parts of establishments or ancillary establishments which are not located in the EEA
 are intended to execute the temporary employment (pursuant to Sec. 3 paragraph 2 of the Act on
 temporary agency work (Arbeitnehmerüberlassungsgesetz).
 Measures:
 DE: Gesetz zur Regelung der Arbeitnehmerüberlassung (AÜG);
 Sozialgesetzbuch Drittes Buch (SGB III; Social Code, Book Three) - Employment Promotion;
 Verordnung über die Beschäftigung von Ausländerinnen und Ausländern (BeschV; Ordinance on the
 Employment of Foreigners).
 With respect to Investment liberalisation – Market access:
 In ES: Prior to the start of the activity, placement agencies are required to submit a sworn statement
 certifying the fulfilment of the requirements stated by the current legislation (CPC 87201, 87202).
 Measures:
 ES: Real Decreto-ley 8/2014, de 4 de julio, de aprobación de medidas urgentes para el crecimiento, la
 competitividad y la eficiencia (tramitado como Ley 18/2014, de 15 de octubre).
 609
 ---pagebreak--- (i) Translation and interpretation services (CPC 87905)
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access:
 In BG: To carry out official translation activities foreign natural persons are required to hold a permit
 for long-term or permanent residency in the Republic of Bulgaria.
 Measures:
 BG: Regulation for the legalisation, certification and translation of documents.
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 Market access:
 In HU: Official translations, official certifications of translations, and certified copies of official
 documents in foreign languages may only be provided by the Hungarian Office for Translation and
 Attestation (OFFI).
 In PL: Only natural persons may be sworn translators.
 Measures:
 HU: Decree of the Council of Ministers No. 24/1986 on Official translation and interpretation.
 PL: Act of 25 November 2004 on the profession of sworn translator or interpreter (Journal of Laws
 from 2019 item 1326).
 With respect to Cross-border trade in services –Market Access:
 In FI: Residency in the EEA is required for certified translators.
 Measures:
 FI: Laki auktorisoiduista kääntäjistä (Act on Authorised Translators) (1231/2007), s. 2(1)).
 With respect to Investment liberalisation – National treatment and Cross-border trade in services –
 National treatment:
 In CY: Registration to registry of translators is necessary for the provision of official translation and
 certification services. Nationality requirement applies.
 In HR: EEA nationality is required for certified translators.
 Measures:
 CY: The Establishment, Registration and Regulation of the Certified Translator Services in the
 Republic of Cyprus Law.
 HR: Ordinance on permanent court interpreters (OG 88/2008), Article 2.
 (j) Other business services (part of CPC 612, part of 621, part of 625, 87901, 87902, 88493,
 part of 893, part of 85990, 87909, ISIC 37)
 610
 ---pagebreak--- With respect to Investment liberalisation – Market access:
 In SE: Pawn-shops must be established as a limited liability company or as a branch (part of CPC
 87909).
 With respect to Investment liberalisation – Market Access, and Cross-border trade in services – Local
 presence:
 In CZ: Only an authorised package company is allowed to supply services relating to packaging take-
 back and recovery and must be a legal person established as a joint-stock company (CPC 88493, ISIC
 37).
 With respect to Investment liberalisation – Market Access, and Cross-border trade in services –
 Market Access:
 In NL: To provide hallmarking services, commercial presence in the Netherlands is required. The
 hallmarking of precious metal Articles is currently exclusively granted to two Dutch public
 monopolies (part of CPC 893).
 Measures:
 CZ: Act. 477/2001 Coll. (Packaging Act) paragraph 16.
 SE: Pawn shop act (1995:1000).
 NL: Waarborgwet 1986.
 With respect to Investment liberalisation – Market Access, National Treatment:
 In PT: Nationality of a Member State is required for the provision of collection agency services and
 credit reporting services (CPC 87901, 87902).
 Measures:
 PT: Law 49/2004.
 With respect to Investment liberalisation – Market Access, National Treatment and Cross-border
 trade in services – Local presence:
 In CZ: Auction services are subject to licence. To obtain a licence (for the supply of voluntary public
 auctions), a company must be incorporated in the Czech Republic and a natural person is required to
 obtain a residency permit, and the company, or natural person must be registered in the
 Commercial Register of the Czech Republic (part of CPC 612, part of 621, part of 625, part of 85990).
 Measures:
 CZ: Act no.455/1991 Coll.;
 Trade Licence Act; and
 Act no. 26/2000 Coll., on public auctions.
 With respect to Cross-border trade in services –Market access:
 611
 ---pagebreak--- In SE: The economic plan for a building society must be certified by two persons. These persons must
 be publicly approved by authorities in the EEA (CPC 87909).
 Measures:
 SE: Cooperative building societies law (1991:614).
 612
 ---pagebreak--- Reservation No. 7 - Communication services
 Sector – sub-sector: Communication services - postal and courier services
 Industry classification: Part of CPC 71235, part of 73210, part of 751
 Type of reservation: Market access
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 With respect to Investment liberalisation - Market access and Cross-border trade in services - Market
 access:
 The EU: The organisation of the siting of letter boxes on the public highway, the issuing of postage
 stamps and the provision of the registered mail service used in the course of judicial or
 administrative procedures may be restricted in accordance with national legislation. Licensing
 systems may be established for those services for which a general universal service obligation exists.
 These licences may be subject to particular universal service obligations or a financial contribution to
 a compensation fund.
 Measures:
 EU: Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on
 common rules for the development of the internal market of Community postal services and the
 improvement of quality of service.
 613
 ---pagebreak--- Reservation No. 8 - Construction Services
 Sector – sub-sector: Construction and related engineering services
 Industry classification: CPC 51
 Type of reservation: National treatment
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 In CY: Nationality requirement.
 Measure:
 The Registration and Control of Contractors of Building and Technical Works Law of 2001 (29 (I) /
 2001), Articles 15 and 52.
 614
 ---pagebreak--- Reservation No. 9 - Distribution services
 Sector – sub-sector: Distribution services – general, distribution of tobacco
 Industry classification: C CPC 3546, part of 621, 6222, 631, part of 632
 Type of reservation: Market access
 National treatment
 Local presence
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 (a) Distribution services (CPC 3546, 631, 632 except 63211, 63297, 62276, part of 621)
 With respect to Investment liberalisation – Market access:
 In PT: A specific authorisation scheme exists for the installation of certain retail establishments and
 shopping centres. This relates to shopping centres that have a gross leasable area equal or greater
 than 8,000m2, and retail establishments having a sales area equal or exceeding 2,000m2, when
 located outside shopping centres. Main criteria: Contribution to a multiplicity of commercial offers;
 assessment of services to consumer; quality of employment and corporate social responsibility;
 integration in urban environment; contribution to eco-efficiency (CPC 631, 632 except 63211,
 63297).
 Measures:
 PT: Decree-Law No. 10/2015, 16 January.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In CY: Nationality requirement exists for distribution services provided by pharmaceutical
 representatives (CPC 62117).
 Measures:
 CY: Law 74(I) 2020 as amended.
 With respect to Investment liberalisation – Market Access and Cross-border trade in services – Local
 presence:
 In LT: The distribution of pyrotechnics is subject to licensing. Only legal persons of the Union may
 obtain a licence (CPC 3546).
 Measures:
 LT: Law on Supervision of Civil Pyrotechnics Circulation (23 March 2004. No. IX-2074).
 615
 ---pagebreak--- (b) Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108)
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In ES: There is a state monopoly on retail sales of tobacco. Establishment is subject to a Member
 State nationality requirement. Only natural persons may operate as a tobacconist. Each tobacconist
 cannot obtain more than one license (CPC 63108).
 In FR: State monopoly on wholesale and retail sales of tobacco. Nationality requirement for
 tobacconists (buraliste) (part of CPC 6222, part of 6310).
 Measures:
 ES: Law 14/2013 of 27 September 2014.
 FR: Code général des impôts.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In AT: Only natural persons may apply for an authorisation to operate as a tobacconist.
 Priority is given to nationals of a Member State of the EEA (CPC 63108).
 Measures:
 AT: Tobacco Monopoly Act 1996, § 5 and § 27.
 With respect to Investment liberalisation – Market Access and Cross-border trade in services –
 Market access, National treatment:
 In IT: In order to distribute and sell tobacco, a licence is needed. The licence is granted through
 public procedures. The granting of licences is subject to an economic needs test. Main criteria:
 population and geographical density of existing selling points (part of CPC 6222, part of 6310).
 Measures:
 IT: Legislative Decree 184/2003;
 Law 165/1962;
 Law 3/2003;
 Law 1293/1957;
 Law 907/1942; and
 Decree of the President of the Republic (D.P.R.) 1074/1958.
 616
 ---pagebreak--- Reservation No. 10 - Education services
 Sector – sub-sector: Education services (privately funded)
 Industry classification: CPC 921, 922, 923, 924
 Type of reservation: Market access
 National treatment
 Senior management and boards of directors
 Local presence
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access:
 In CY: Nationality of a Member State is required for owners and majority shareholders in a privately
 funded school. Nationals of the United Kingdom may obtain authorisation from the Minister (of
 Education) in accordance with the specified form and conditions.
 Measures:
 CY: Private Schools Law of 2019 (N. 147(I)/2019)
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market Access, National Treatment:
 In BG: Privately funded primary and secondary education services may only be supplied by
 authorised Bulgarian enterprises (commercial presence is required). Bulgarian kindergartens and
 schools having foreign participation may be established or transformed at the request of
 associations, or corporations, or enterprises of Bulgarian and foreign natural or legal entities, duly
 registered in Bulgaria, by decision of the Council of Ministers on a motion by the Minister of
 Educationand Science. Foreign owned kindergartens and schools may be established or transformed
 at the request of foreign legal entities in accordance with international agreements and conventions
 and under the provisions above. Foreign higher education institutions cannot establish subsidiaries
 in the territory of Bulgaria. Foreign higher education institutions may open faculties, departments,
 institutes and colleges in Bulgaria only within the structure of Bulgarian high schools and in
 cooperation with them (CPC 921, 922).
 Measures:
 BG: Pre-school and School Education Act; and
 Law for the Higher Education, paragraph 4 of the additional provisions.
 With respect to Investment liberalisation – Market access, National treatment
 617
 ---pagebreak--- In SI: Privately funded elementary schools may be founded by Slovenian natural or legal persons
 only. The service supplier must establish a registered office or branch office (CPC 921).
 Measures:
 SI: Organisation and Financing of Education Act (Official Gazette of Republic of Slovenia, no.
 12/1996) and its revisions, Article 40.
 With respect to Cross-border services – Local presence:
 In CZ and SK: Establishment in a Member State is required to apply for state approval to operate as a
 privately funded higher education institution. This reservation does not apply to post-secondary
 technical and vocational education services (CPC 92310).
 Measures:
 CZ: Act No. 111/1998, Coll. (Higher Education Act), § 39; and
 Act No. 561/2004 Coll. on Pre-school, Basic, Secondary, Tertiary Professional and Other Education
 (the Education Act).
 SK: Law No. 131 of 21 February 2002 on Universities.
 With respect to Investment liberalisation – Market Access and Cross-border services: Market access:
 In ES and IT: An authorisation is required in order to open a privately funded university which issues
 recognised diplomas or degrees. An economic needs test is applied. Main criteria: population and
 density of existing establishments.
 In ES: The procedure involves obtaining the advice of the Parliament.
 In IT: This is based on a three-year programme and only Italian legal persons may be authorised to
 issue state-recognised diplomas (CPC 923).
 Measures:
 ES: Ley Orgánica 6/2001, de 21 de Diciembre, de Universidades (Law 6 / 2001 of 21 December, on
 Universities), Article 4.
 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.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access:
 In EL: Nationality of a Member State is required for owners and a majority of the members of the
 board of directors in privately funded primary and secondary schools, and for teachers in privately
 618
 ---pagebreak--- funded primary and secondary education (CPC 921, 922). Education at university level shall be
 provided exclusively by institutions which are fully self-governed public law legal persons. However,
 Law 3696/2008 permits the establishment by Union residents (natural or legal persons) of private
 tertiary education institutions granting certificates which are not recognised as being equivalent to
 university degrees (CPC 923).
 Measures:
 EL: Laws 682/1977, 284/1968, 2545/1940, Presidential Degree 211/1994 as amended by
 Presidential Degree 394/1997, Constitution of Hellas, Article 16, paragraph 5 and Law 3549/2007.
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 Market access:
 In AT: The provision of privately funded university level education services in the area of applied
 sciences requires an authorisation from the competent authority, the AQ Austria (Agency for Quality
 Assurance and Accreditation Austria). An investor seeking to provide an applied science study
 programme must have his primary business being the supply of such programmes, and must submit
 a needs assessment and a market survey for the acceptance of the proposed study programme. The
 competent Ministry may deny an authorisation where the programme is determined to be
 incompatible with national educational interests. The applicant for a private university requires an
 authorisation from the competent authority (AQ Austria - Agency for Quality Assurance and
 Accreditation Austria). The competent Ministry may deny the approval if the decision of the
 accreditation authority does not comply with national educational interests (CPC 923).
 Measures:
 AT: University of Applied Sciences Studies Act, BGBl. I Nr. 340/1993 as amended, § 2; Private
 University Act, BGBl. I Nr. 74/2011 as amended, § 2; and
 Act on Quality Assurance in Higher Education, BGBl. Nr. 74/2011 as amended, § 25 (3).
 With respect to Investment liberalisation – Market access, National treatment, Most-favoured
 nation treatment and Cross-border trade in services – Market access, National treatment:
 In FR: Nationality of a Member State is required in order to teach in a privately funded educational
 institution (CPC 921, 922, 923). However, nationals of the United Kingdom may obtain an
 authorisation from the relevant competent authorities in order to teach in primary, secondary and
 higher level educational institutions. Nationals of the United Kingdom may also obtain an
 authorisation from the relevant competent authorities in order to establish and operate or manage
 primary, secondary or higher level educational institutions. Such authorisation is granted on a
 discretionary basis.
 Measures:
 FR: Code de l'éducation.
 With respect to Investment – Market access, National treatment and Cross-border trade in services –
 Market access, National treatment:
 619
 ---pagebreak--- In MT: Service suppliers seeking to provide privately funded higher or adult education services must
 obtain a licence from the Ministry of Education and Employment. The decision on whether to issue a
 licence may be discretionary (CPC 923, 924).
 Measures:
 MT: Legal Notice 296 of 2012.
 620
 ---pagebreak--- Reservation No. 11 - Environmental services
 Sector – sub-sector: Environmental services – processing and recycling of used batteries
 and accumulators, old cars and waste from electrical and electronic
 equipment; protection of ambient air and climate cleaning services of
 exhaust gases
 Industry classification: Part of CPC 9402, 9404
 Type of reservation: Local presence
 Chapter: Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 In SE: Only entities established in Sweden or having their principal seat in Sweden are eligible for
 accreditation to perform control services of exhaust gas (CPC 9404).
 In SK: For processing and recycling of used batteries and accumulators, waste oils, old cars and
 waste from electrical and electronic equipment, incorporation in the EEA is required (residency
 requirement) (part of CPC 9402).
 Measures:
 SE: The Vehicles Act (2002:574).
 SK: Act 79/2015 on Waste.
 621
 ---pagebreak--- Reservation No. 12 – Financial Services
 Sector – sub-sector: Financial services – insurance and banking
 Industry classification: Not applicable
 Type of reservation: Market access
 National treatment
 Most-favoured-nation treatment
 Senior management and boards of directors
 Local presence
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 (a) Insurance and Insurance-related Services
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In IT: Access to the actuarial profession through natural persons only. Professional associations (no
 incorporation) among natural persons permitted. European Union nationality is required for the
 practice of the actuarial profession, except for foreign professionals who may be allowed to practice
 based on reciprocity.
 Measures:
 IT: Article 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005); and
 Law 194/1942, Article 4, Law 4/1999 on the register.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Local presence:
 In BG: Pension insurance shall be carried out as a joint-stock company licensed in accordance with
 the Code of Social Insurance and registered under the Commerce Act or under the legislation of
 another Member State of the EU (no branches).
 In BG, ES, PL and PT: Direct branching is not permitted for insurance intermediation, which is
 reserved to companies formed in accordance with the law of a Member State (local incorporation is
 required). For PL, residency requirement for insurance intermediaries
 Measures:
 BG: Insurance Code, articles 12, 56-63, 65, 66 and 80 paragraph 4, Social Insurance Code Art. 120a–
 162, Art. 209–253, Art. 260–310
 622
 ---pagebreak--- ES: Reglamento de Ordenación, Supervisión y Solvencia de Entidades Aseguradoras y Reaseguradoras
 (RD 1060/2015, de 20 de noviembre de 2015), article 36.
 PL: Act on insurance and reinsurance activity of September 11, 2015 (Journal of Laws of 2020, item
 895 and 1180); Act on insurance distribution of December 15, 2017 (Journal of Laws 2019, item
 1881); Act on the organization and operation of pension funds of August 28, 1997 (Journal of Laws of
 2020, item 105); Act of 6 March 2018 on rules regarding economic activity of foreign entrepreneurs
 and other foreign persons in the territory of the Republic of Poland
 PT: Article 7 of Decree-Law 94-B/98 revoked by Decree-Law 2/2009, January 5th; and chapter I,
 Section VI of Decree-Law 94-B/98, articles 34, nr. 6, 7, and article 7 of Decree-Law 144/2006, revoked
 by Law 7/2019, January 16th. Article 8 of the legal regime governing the business of insurance and
 reinsurance distribution, approved by Law 7/2019, of January 16th.
 With respect to Investment liberalisation – National treatment:
 In AT: The management of a branch office must consist of at least two natural persons resident in
 AT.
 In BG: Residency requirement for the members of managing and supervisory body of (re)insurance
 undertakings and every person authorised to manage or represent the (re)insurance undertaking.
 The Chairperson of the Management Board, the Chairperson of the Board of Directors, the Executive
 Director and the Managerial Agent of pension insurance companies must have a permanent address
 or hold a durable residence permit in Bulgaria.
 Measures:
 AT: Insurance Supervision Act 2016, Article 14 para. 1 no. 3, Federal Law Gazette I No. 34/2015
 (Versicherungsaufsichtsgesetz 2016, § 14 Abs. 1 Z 3, BGBl. I Nr. 34/2015)
 BG: Insurance Code, articles 12, 56-63, 65, 66 and 80 paragraph 4,
 Social Insurance Code, Art. 120a–162, Art. 209–253, Art. 260–310
 With respect to Investment liberalisation – Market access, National treatment:
 In BG: Before establishing a branch or agency to provide insurance, a foreign insurer or reinsurer
 must have been authorised to operate in its country of origin in the same classes of insurance as
 those it wishes to provide in BG.
 The income of the supplementary voluntary pension funds, as well as similar income directly
 connected with voluntary pension insurance, carried out by persons who are registered under the
 legislation of another Member State and who may, in compliance with the legislation concerned,
 perform voluntary pension insurance operations, shall not be taxable according to the procedure
 established by the Corporate Income Tax Act.
 In ES: Before establishing a branch or agency in Spain in order to provide certain classes of
 insurance, a foreign insurer must have been authorised to operate in the same classes of insurance
 in its country of origin for at least five years.
 623
 ---pagebreak--- In PT: In order to establish a branch or agency, foreign insurance undertakings must have been
 authorised to carry out the business of insurance or reinsurance, according to the relevant national
 law for at least five years.
 Measures:
 BG: Insurance Code, articles 12, 56-63, 65, 66 and 80 paragraph 4,
 Social Insurance Code, Art. 120a–162, Art. 209–253, Art. 260–310
 ES: Reglamento de Ordenación, Supervisión y Solvencia de Entidades Aseguradoras y Reaseguradoras
 (RD 1060/2015, de 20 de noviembre de 2015), article 36.
 PT: Article 7 of Decree-Law 94-B/98 and chapter I, Section VI of Decree-Law 94-B/98, articles 34, nr.
 6, 7, and article 7 of Decree-Law 144/2006; Article 215 of legal regime governing the taking up and
 pursuit of the business of insurance and reinsurance, approved by Law 147/2005, of September 9th.
 With respect to Investment liberalisation – Market access:
 In AT: In order to obtain a licence to open a branch office, foreign insurers must have a legal form
 corresponding or comparable to a joint stock company or a mutual insurance association in their
 home country.
 In EL: Insurance and reinsurance undertakings with head offices in third countries may operate in
 Greece via establishing a subsidiary or a branch, where branch in this case does not take any specific
 legal form, as it means a permanent presence in the territory of a Member State (ie. Greece) of an
 undertaking with head office outside EU, which receives authorisation in that Member State
 (Greece) and which pursues insurance business.
 Measures:
 AT: Insurance Supervision Act 2016, Article 14 para. 1 no. 1, Federal Law Gazette I No. 34/2015
 (Versicherungsaufsichtsgesetz 2016, § 14 Abs. 1 Z 1, BGBl. I Nr. 34/2015)
 EL: Art. 130 of the Law 4364/ 2016 (Gov. Gazette 13/ A/ 05.02.2016)
 With respect to Cross-border trade in services – National treatment, Local presence:
 In AT: Promotional activity and intermediation on behalf of a subsidiary not established in the Union
 or of a branch not established in AT (except for reinsurance and retrocession) are prohibited.
 In DK: No persons or companies (including insurance companies) may, for business purposes, assist
 in effecting direct insurance for persons resident in DK, for Danish ships or for property in DK, other
 than insurance companies licensed by Danish law or by Danish competent authorities.
 In SE: The supply of direct insurance by a foreign insurer is allowed only through the mediation of an
 insurance service supplier authorised in Sweden, provided that the foreign insurer and the Swedish
 insurance company belong to the same group of companies or have an agreement of cooperation
 between them.
 With respect to Cross-border trade in services – Local presence:
 624
 ---pagebreak--- In DE, HU and LT: The supply of direct insurance services by insurance companies not incorporated
 in the European Union requires the setting up and authorisation of a branch.
 In SE: The provision of insurance intermediation services by undertakings not incorporated in the
 EEA requires the establishment of a commercial presence (local presence requirement).
 In SK: Air and maritime transport insurance, covering the aircraft/vessel and responsibility, can be
 underwritten only by insurance companies established in the Union or by the branch office of the
 insurance companies not established in the Union authorised in the Slovak Republic.
 Measures
 AT: Insurance Supervision Act 2016, Article 13 para. 1 and 2, Federal Law Gazette I No. 34/2015
 (Versicherungsaufsichtsgesetz 2016, § 13 Abs. 1 und 2, BGBl. I Nr. 34/2015) DE: §§67-69
 Versicherungsaufsichtsgesetz (VAG) for all insurance services- implements Solvency 2; in connection
 with §105 Luftverkehrs-Zulassungs-Ordnung (LuftVZO) only for compulsory air liability insurance.
 DE: Versicherungsaufsichtsgesetz (VAG) for all insurance services; in connection with Luftverkehrs-
 Zulassungs-Ordnung (LuftVZO) only for compulsory air liability insurance
 DK: Lov om finansiel virksomhed jf. lovbekendtgørelse 182 af 18. februar 2015.
 HU: Act LX of 2003LT: Law on Insurance, 18 of September, 2003 m. Nr. IX-1737, last amendment 13
 of June 2019 Nr. XIII-2232.
 SE: Lag om försäkringsförmedling (Insurance Distribution Mediation Act) (Chapter 3, section 3,
 2018:12192005:405); and Foreign Insurers Business in Sweden Act (Chapter 4, section 1 and 10,
 1998:293).
 SK: Act 39/2015 on insurance
 (b) Banking and other financial services
 With respect to Investment liberalisation – Market Access, National treatment, and Cross-border
 trade in services – Local presence:
 In BG: For pursuing the activities of lending with funds which are not raised through taking of
 deposits or other repayable funds, acquiring holdings in a credit institution or another financial
 institution, financial leasing, guarantee transactions, acquisition of claims on loans and other forms
 of financing (factoring, forfeiting, etc.), non-bank financial institutions are subject to registration
 regime with the Bulgarian National Bank. The financial institution shall have its main business in the
 territory of Bulgaria.
 In BG: Non-EEA banks may pursue banking activity in Bulgaria after obtaining a license from BNB for
 taking up and pursuing of business activities in the Republic of Bulgaria through a branch.
 In IT: In order to be authorised to operate the securities settlement system or to provide central
 securities depository services with an establishment in Italy, a company is required to be
 incorporated in Italy (no branches).
 625
 ---pagebreak--- In the case of collective investment schemes other than undertakings for collective investment in
 transferable securities ("UCITS") harmonised under EU legislation, the trustee or depository is
 required to be established in Italy or in another Member State and have a branch in Italy.
 Management enterprises of investment funds not harmonised under Union legislation are also
 required to be incorporated in Italy (no branches).
 Only banks, insurance enterprises, investment firms and enterprises managing UCITS harmonised
 under EU legislation having their legal head office in the Union, as well as UCITS incorporated in Italy,
 may carry out the activity of pension fund resource management.
 In providing the activity of door-to-door selling, intermediaries must utilise authorised financial
 salesmen resident within the territory of a Member State.
 Representative offices of non-European Union intermediaries cannot carry out activities aimed at
 providing investment services, including trading for own account and for the account of customers,
 placement and underwriting financial instruments (branch required).
 In PT: Pension fund management may be provided only by specialised companies incorporated in PT
 for that purpose and by insurance companies established in PT and authorised to take up life
 insurance business, or by entities authorised to provide pension fund management in other Member
 States. Direct branching from non-European Union countries is not permitted.
 Measures:
 BG: Law on Credit Institutions, article 2, paragraph 5, article 3a and article 17
 Code Of Social Insurance, articles 121, 121b, 121f; and
 Currency Law, article 3.
 IT: Legislative Decree 58/1998, articles 1, 19, 28, 30-33, 38, 69 and 80;
 Joint Regulation of Bank of Italy and Consob 22.2.1998, articles 3 and 41;
 Regulation of Bank of Italy 25.1.2005;
 Title V, Chapter VII, Section II, Consob Regulation 16190 of 29.10.2007, articles 17-21, 78-81, 91-111;
 and subject to:
 Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on
 improving securities settlement in the European Union and on central
 PT: Decree-Law 12/2006, as amended by Decree-Law 180/2007 Decree-Law 357-A/2007, Regulation
 7/2007-R, as amended by Regulation 2/2008-R, Regulation 19/2008-R, Regulation 8/2009. Article 3
 of the legal regime governing the establishment and functioning of pension funds and their
 management entities approved by Law 27/2020, of July 23rd.
 With respect to Investment liberalisation – Market Access, National treatment:
 626
 ---pagebreak--- In HU: Branches of non-EEA investment fund management companies may not engage in the
 management of European investment funds and may not provide asset management services to
 private pension funds.
 Measures:
 HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises;
 Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; and
 Act CXX of 2001 on the Capital Market.
 With respect to Investment liberalisation – National Treatment and Cross-border trade in services –
 Market Access:
 In BG: А bank shall be managed and represented jointly by at least two persons. The persons who
 manage and represent the bank shall be personally present at its management address. Legal
 persons may not be elected members of the managing board or the board of directors of a bank.
 In SE: A founder of a savings bank shall be a natural person.
 Measures:
 BG: Law on Credit Institutions, article 10;
 Code Of Social Insurance, article 121e; and
 Currency Law, article 3.
 SE: Sparbankslagen (Savings Bank Act) (1987:619), Chapter 2, § 1.
 With respect to Investment liberalisation – National treatment:
 In HU: The board of directors of a credit institution shall have at least two members recognised as
 resident according to foreign exchange regulations and having had prior permanent residence in HU
 for at least one year.
 Measures:
 HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises;
 Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; and
 Act CXX of 2001 on the Capital Market.
 With respect to Investment liberalisation – Market Access:
 In RO: Market operators are legal persons set up as joint stock companies according to the
 provisions of the Company law. Alternative trading systems (Multilateral trading facility (MTF)
 pursuant to MiFID II Directive) can be managed by a system operator set up under the conditions
 described above or by an investment firm authorised by ASF (Autoritatea de Supraveghere
 Financiară – Financial Supervisory Authority).
 627
 ---pagebreak--- In SI: A pension scheme may be provided by a mutual pension fund (which is not a legal entity and is
 therefore managed by an insurance company, a bank or a pension company), a pension company or
 an insurance company. Additionally, a pension scheme can also be offered by pension scheme
 providers established in accordance with the regulations applicable in a Member State of the EU.
 Measures:
 RO: Law no. 126 of 11 June 2018 regarding financial instruments and Regulation no. 1/2017 for the
 amendment and supplement of Regulation no. 2/2006 on regulated markets and alternative trading
 systems, approved by Order of NSC no. 15/2006 - ASF – Autoritatea de Supraveghere Financiară –
 Financial Supervisory Authority.SI: Pension and Disability Insurance Act, (Official Gazette no.
 102/2015 (as last amended No 28/19).
 With respect to Cross-border trade in services – Local presence:
 In HU: Non-EEA companies may provide financial services or engage in activities auxiliary to financial
 services solely through a branch in HU.
 Measures:
 HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises;
 Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; and
 Act CXX of 2001 on the Capital Market.
 628
 ---pagebreak--- Reservation No. 13 - Health services and social services
 Sector – sub-sector: Health services and social services
 Industry classification: CPC 931, 933
 Type of reservation: Market access
 National treatment
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 With respect to Investment liberalisation – Market access:
 In DE (applies also to the regional level of government): Rescue services and "qualified ambulance
 services" are organised and regulated by the Länder. Most Länder delegate competences in the field
 of rescue services to municipalities. Municipalities are allowed to give priority to not-for-profit
 operators. This applies equally to foreign as well as domestic service suppliers (CPC 931, 933).
 Ambulance services are subject to planning, permission and accreditation. Regarding telemedicine,
 the number of ICT (information and communications technology) service suppliers may be limited to
 guarantee interoperability, compatibility and necessary safety standards. This is applied in a non-
 discriminatory way.
 In HR: Establishment of some privately funded social care facilities may be subject to needs based
 limits in particular geographical areas (CPC 9311, 93192, 93193, 933).
 In SI: a state monopoly is reserved for the following services: Supply of blood, blood preparations,
 removal and preservation of human organs for transplant, socio-medical, hygiene, epidemiological
 and health-ecological services, patho-anatomical services, and biomedically-assisted procreation
 (CPC 931).
 Measures:
 DE: Bundesärzteordnung (BÄO; Federal Medical Regulation):
 Gesetz über die Ausübung der Zahnheilkunde (ZHG);
 Gesetz über den Beruf der Psychotherapeutin und des Psychotherapeuten (PsychThG; Act on the
 Provision of Psychotherapy Services);
 Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung (Heilpraktikergesetz);
 Gesetz über das Studium und den Beruf der Hebammen (HebG);
 Gesetz über den Beruf der Notfallsanitäterin und des Notfallsanitäters (NotSanG);
 Gesetz über die Pflegeberufe (PflBG);
 629
 ---pagebreak--- Gesetz über die Berufe in der Physiotherapie (MPhG);
 Gesetz über den Beruf des Logopäden (LogopG);
 Gesetz über den Beruf des Orthoptisten und der Orthoptistin (OrthoptG);
 Gesetz über den Beruf der Podologin und des Podologen (PodG);
 Gesetz über den Beruf der Diätassistentin und des Diätassistenten (DiätAssG);
 Gesetz über den Beruf der Ergotherapeutin und des Ergotherapeuten (ErgThg);
 Bundesapothekerordnung (BapO);
 Gesetz über den Beruf des pharmazeutisch-technischen Assistenten (PTAG);
 Gesetz über technische Assistenten in der Medizin (MTAG);
 Gesetz zur wirtschaftlichen Sicherung der Krankenhäuser und zur Regelung der
 Krankenhauspflegesätze (Krankenhausfinanzierungsgesetz - KHG);
 Gewerbeordnung (German Trade, Commerce and Industry Regulation Act);
 Sozialgesetzbuch Fünftes Buch (SGB V; Social Code, Book Five) - Statutory Health Insurance;
 Sozialgesetzbuch Sechstes Buch (SGB VI; Social Code, Book Six) - Statutory Pension Insurance;
 Sozialgesetzbuch Siebtes Buch (SGB VII; Social Code, Book Seven) - Statutory Accident Insurance;
 Sozialgesetzbuch Neuntes Buch (SGB IX; Social Code, Book Nine) - Rehabilitation and Participation of
 Persons with Disabilities;
 Sozialgesetzbuch Elftes Buch (SGB XI; Social Code, Book Eleven) - Social Assistance.
 Personenbeförderungsgesetz (PBefG; Act on Public Transport).
 Regional level:
 Gesetz über den Rettungsdienst (Rettungsdienstgesetz - RDG) in Baden-Württemberg;
 Bayerisches Rettungsdienstgesetz (BayRDG);
 Gesetz über den Rettungsdienst für das Land Berlin (Rettungsdienstgesetz);
 Gesetz über den Rettungsdienst im Land Brandenburg (BbgRettG);
 Bremisches Hilfeleistungsgesetz (BremHilfeG);
 Hamburgisches Rettungsdienstgesetz (HmbRDG);
 Gesetz über den Rettungsdienst für das Land Mecklenburg-Vorpommern (RDGM-V);
 Niedersächsisches Rettungsdienstgesetz (NRettDG);
 630
 ---pagebreak--- Gesetz über den Rettungsdienst sowie die Notfallrettung und den Krankentransport durch
 Unternehmer (RettG NRW);
 Landesgesetz über den Rettungsdienst sowie den Notfall- und Krankentransport (RettDG);
 Saarländisches Rettungsdienstgesetz (SRettG);
 Sächsisches Gesetz über den Brandschutz, Rettungsdienst und Katastrophenschutz (SächsBRKG);
 Rettungsdienstgesetz des Landes Sachsen-Anhalt (RettDG LSA);
 Schleswig-Holsteinisches Rettungsdienstgesetz (SHRDG);
 Thüringer Rettungsdienstgesetz (ThüRettG).
 Landespflegegesetze:
 Gesetz zur Umsetzung der Pflegeversicherung in Baden-Württemberg (Landespflegegesetz -
 LPflG);
 Gesetz zur Ausführung der Sozialgesetze (AGSG);
 Gesetz zur Planung und Finanzierung von Pflegeeinrichtungen (Landespflegeeinrichtungsgesetz-
 LPflegEG);
 Gesetz über die pflegerische Versorgung im Land Brandenburg (Landespflegegesetz - LPflegeG);
 Gesetz zur Ausführung des Pflege-Versicherungsgesetzes im Lande Bremen und zur Änderung
 des Bremischen Ausführungsgesetzes zum Bundessozialhilfegesetz (BremAGPflegeVG);
 Hamburgisches Landespflegegesetz (HmbLPG);
 Hessisches Ausführungsgesetz zum Pflege-Versicherungsgesetz;
 Landespflegegesetz (LPflegeG M-V);
 Gesetz zur Planung und Förderung von Pflegeeinrichtungen nach dem Elften Buch
 Sozialgesetzbuch (Niedersächsisches Pflegegesetz - NPflegeG);
 Gesetz zur Weiterentwicklung des Landespflegerechts und Sicherung einer unterstützenden
 Infrastruktur für ältere Menschen, pflegebedürftige Menschen und deren Angehörige (Alten- und
 Pflegegesetz Nordrhein-Westfalen – APG NRW);
 Landesgesetz zur Sicherstellung und Weiterentwicklung der pflegerischen Angebotsstruktur
 (LPflegeASG) (Rheinland-Pfalz);
 631
 ---pagebreak--- Gesetz Nr. 1694 zur Planung und Förderung von Angeboten für hilfe-, betreuungs- oder
 pflegebedürftige Menschen im Saarland (Saarländisches Pflegegesetz);
 Sächsisches Pflegegesetz (SächsPflegeG);
 Schleswig-Holstein: Ausführungsgesetz zum Pflege-Versicherungsgesetz (Landespflegegesetz -
 LPflegeG);
 Thüringer Gesetz zur Ausführung des Pflege-Versicherungsgesetzes (ThürAGPflegeVG).
 Landeskrankenhausgesetz Baden-Württemberg;
 Bayerisches Krankenhausgesetz (BayKrG);
 Berliner Gesetz zur Neuregelung des Krankenhausrechts;
 Krankenhausentwicklungsgesetz Brandenburg (BbgKHEG);
 Bremisches Krankenhausgesetz (BrmKrHG);
 Hamburgisches Krankenhausgesetz (HmbKHG);
 Hessisches Krankenhausgesetz 2011 (HKHG 2011);
 Krankenhausgesetz für das Land Mecklenburg-Vorpommern (LKHG M-V);
 Niedersächsisches Krankenhausgesetz (NKHG);
 Krankenhausgestaltungsgesetz des Landes Nordrhein-Westfalen (KHGG NRW);
 Landeskrankenhausgesetz Rheinland-Pfalz (LKG Rh-Pf);
 Saarländisches Krankenhausgesetz (SKHG);
 Gesetz zur Neuordnung des Krankenhauswesens (Sächsisches Krankenhausgesetz - SächsKHG);
 Krankenhausgesetz Sachsen-Anhalt (KHG LSA);
 Gesetz zur Ausführung des Krankenhausfinanzierungsgesetzes (AG-KHG) in Schleswig-Holstein;
 Thüringisches Krankenhausgesetz (Thür KHG).
 HR: Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12).
 SI: Law of Health Services, Official Gazette of the RS, No. 23/2005, Articles 1, 3 and 62-64; Infertility
 Treatment and Procedures of the Biomedically-Assisted Procreation Act, Official Gazette of the RS,
 No. 70/00, Articles 15 and 16; and
 Supply of Blood Act (ZPKrv-1), Official Gazette of RS, no. 104/06, Articles 5 and 8.
 With respect to Investment liberalisation – Market access, National treatment:
 632
 ---pagebreak--- In FR: For hospital and ambulance services, residential health facilities (other than hospital services)
 and social services, an authorisation is necessary in order to exercise management functions. The
 authorisation process takes into account the availability of local managers. Companies can take any
 legal forms, except those reserved to liberal professions.
 Measures:
 FR: Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, Loi n°2011-940
 du 10 août 2011 modifiant certaines dipositions de la loi n°2009-879 dite HPST, Loi n°47-1775
 portant statut de la coopération; and Code de la santé publique.
 633
 ---pagebreak--- Reservation No. 14 - Tourism and travel related services
 Sector – sub-sector: Tourism and travel related services - hotels, restaurants and catering;
 travel agencies and tour operators services (including tour managers);
 tourist guides services
 Industry classification: CPC 641, 642, 643, 7471, 7472
 Type of reservation: Market access
 National treatment
 Senior management and boards of directors
 Local presence
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 With respect to Investment liberalisation – Market Access, National Treatment, Senior Management
 and Boards of Directors and Cross-border trade in services – Market Access, National Treatment:
 In BG: Incorporation (no branches) is required. Tour operation or travel agency services may be
 provided by a person established in the EEA if, upon establishment in the territory of Bulgaria, the
 said person presents a copy of a document certifying the right thereof to practice that activity and a
 certificate or another document issued by a credit institution or an insurer containing data of the
 existence of insurance covering the liability of the said person for damage which may ensue as a
 result of a culpable non-fulfilment of professional duties. The number of foreign managers may not
 exceed the number of managers who are Bulgarian nationals, in cases where the public (state or
 municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent. EEA nationality
 requirement for tourist guides (CPC 641, 642, 643, 7471, 7472).
 Measures:
 BG: Law for Tourism, Articles 61, 113 and 146.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment, Local presence:
 In CY: A licence to establish and operate a tourism and travel company or agency, as well as the
 renewal of an operating licence of an existing company or agency, shall be granted only to European
 Union natural or legal persons. No non-resident company except those established in another
 Member State, can provide in the Republic of Cyprus, on an organised or permanent basis, the
 activities referred to under Article 3 of the abovementioned Law, unless represented by a resident
 company. The provision of tourist guide services and travel agencies and tour operators services
 requires nationality of a Member State (CPC 7471, 7472).
 Measures:
 CY: The Tourism and Travel Offices and Tourist Guides Law 1995 (Law 41(I)/1995) as amended).
 634
 ---pagebreak--- With respect to Investment liberalisation – Market Access, National Treatment, Most-Favoured
 Nation Treatment and Cross-border trade in services – Market Access, National Treatment, Most-
 Favoured Nation Treatment:
 In EL: Third-country nationals have to obtain a diploma from the Tourist Guide Schools of the Greek
 Ministry of Tourism, in order to be entitled to the right of practicing the profession. By exception,
 the right of practicing the profession can be temporarily (up to one year) accorded to third-country
 nationals under certain explicitly defined conditions, by way of derogation of the above mentioned
 provisions, in the event of the confirmed absence of a tourist guide for a specific language.
 With respect to Investment liberalisation – Market Access, National Treatment and Cross-border
 trade in services – Market Access, National Treatment,:
 In ES (for ES applies also to the regional level of government): Nationality of a Member State is
 required for the provision of tourist guide services (CPC 7472).
 In HR: EEA nationality is required for hospitality and catering services in households and rural
 homesteads (CPC 641, 642, 643, 7471, 7472).
 Measures:
 EL: Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B), Article
 50 of the law 4403/2016, Article 47 of the law 4582/2018 (Gov. Gazette 208/A). ES: Andalucía:
 Decreto 8/2015, de 20 de enero, Regulador de guías de turismo de Andalucía;
 Aragón: Decreto 21/2015, de 24 de febrero, Reglamento de Guías de turismo de Aragón;
 Cantabria: Decreto 51/2001, de 24 de julio, Article 4, por el que se modifica el Decreto 32/1997, de
 25 de abril, por el que se aprueba el reglamento para el ejercicio de actividades turísticoinformativas
 privadas;
 Castilla y León: Decreto 25/2000, de 10 de febrero, por el que se modifica el Decreto 101/1995, de 25
 de mayo, por el que se regula la profesión de guía de turismo de la Comunidad Autónoma de Castilla
 y León;
 Castilla la Mancha: Decreto 86/2006, de 17 de julio, de Ordenación de las Profesiones Turísticas;
 Cataluña: Decreto Legislativo 3/2010, de 5 de octubre, para la adecuación de normas con rango de
 ley a la Directiva 2006/123/CE, del Parlamento y del Consejo, de 12 de diciembre de 2006, relativa a
 los servicios en el mercado interior, Article 88;
 Comunidad de Madrid: Decreto 84/2006, de 26 de octubre del Consejo de Gobierno, por el que se
 modifica el Decreto 47/1996, de 28 de marzo;
 Comunidad Valenciana: Decreto 90/2010, de 21 de mayo, del Consell, por el que se modifica el
 reglamento regulador de la profesión de guía de turismo en el ámbito territorial de la Comunitat
 Valenciana, aprobado por el Decreto 62/1996, de 25 de marzo, del Consell;
 Extremadura: Decreto 37/2015, de 17 de marzo;
 Galicia: Decreto 42/2001, de 1 de febrero, de Refundición en materia de agencias de viajes, guias de
 turismo y turismo activo;
 635
 ---pagebreak--- Illes Balears: Decreto 136/2000, de 22 de septiembre, por el cual se modifica el Decreto 112/1996, de
 21 de junio, por el que se regula la habilitación de guía turístico en las Islas Baleares; Islas Canarias:
 Decreto 13/2010, de 11 de febrero, por el que se regula el acceso y ejercicio de la profesión de guía
 de turismo en la Comunidad Autónoma de Canarias, Article 5;
 La Rioja: Decreto 14/2001, de 4 de marzo, Reglamento de desarrollo de la Ley de Turismo de La Rioja;
 Navarra: Decreto Foral 288/2004, de 23 de agosto. Reglamento para actividad de empresas de
 turismo activo y cultural de Navarra.
 Principado de Asturias: Decreto 59/2007, de 24 de mayo, por el que se aprueba el Reglamento
 regulador de la profesión de Guía de Turismo en el Principado de Asturias; and
 Región de Murcia: Decreto n.o 37/2011, de 8 de abril, por el que se modifican diversos decretos en
 materia de turismo para su adaptación a la ley 11/1997, de 12 de diciembre, de turismo de la Región
 de Murcia tras su modificación por la ley 12/2009, de 11 de diciembre, por la que se modifican
 diversas leyes para su adaptación a la directiva 2006/123/CE, del Parlamento Europeo y del Consejo
 de 12 de diciembre de 2006, relativa a los servicios en el mercado interior.
 HR: Hospitality and Catering Industry Act (OG 138/06, 152/08, 43/09, 88/10 i 50/12); and Act on
 Provision of Tourism Services (OG No. 68/07 and 88/10).
 With respect to Investment liberalisation – National Treatment and Cross-border trade in services –
 Market Access, National Treatment:
 In HU: The supply of travel agent and tour operator services, and tourist guide services on a cross-
 border basis is subject to a licence issued by the Hungarian Trade Licensing Office. Licences are
 reserved to EEA nationals and legal persons having their seats in the EEA (CPC 7471, 7472).
 In IT (applies also to the regional level of government): tourist guides from non-European Union
 countries need to obtain a specific licence from the region in order to act as a professional tourist
 guide. Tourist guides from Member States can work freely without the requirement for such a
 licence. The licence is granted to tourist guides demonstrating adequate competence and knowledge
 (CPC 7472).
 Measures:
 HU: Act CLXIV of 2005 on Trade, Government Decree No. 213/1996 (XII.23.) on Travel Organisation
 and Agency Activities.
 IT: Law 135/2001 Articles 7.5 and 6; and Law 40/2007 (DL 7/2007).
 636
 ---pagebreak--- Reservation No. 15 - Recreational, cultural and sporting services
 Sector – sub-sector: Recreational services; other sporting services
 Industry classification: CPC 962, part of 96419
 Type of reservation: Market access
 National treatment
 Senior management and boards of directors
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 Other sporting services (CPC 96419)
 With respect to Investment liberalisation – National treatment, Senior management and boards of
 directors and Cross-border trade in services –National treatment:
 In AT (applies to the regional level of government): The operation of ski schools and mountain guide
 services is governed by the laws of the Bundesländer. The provision of these services may require
 nationality of a Member State of the EEA. Enterprises may be required to appoint a managing
 director who is a national of a Member State of the EEA.
 With respect to Investment liberalisation – National treatment and Cross-border trade in services –
 National treatment:
 In CY: Nationality requirement for the establishment of a dance school and nationality requirement
 for physical instructors.
 Measures:
 AT: Kärntner Schischulgesetz, LGBL. Nr. 53/97;
 Kärntner Berg- und Schiführergesetz, LGBL. Nr. 25/98;
 NÖ- Sportgesetz, LGBL. Nr. 5710;
 OÖ- Sportgesetz, LGBl. Nr. 93/1997;
 Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr. 83/89;
 Salzburger Bergführergesetz, LGBL. Nr. 76/81;
 Steiermärkisches Schischulgesetz, LGBL. Nr.58/97;
 Steiermärkisches Berg- und Schiführergesetz, LGBL. Nr. 53/76;
 Tiroler Schischulgesetz. LGBL. Nr. 15/95;
 637
 ---pagebreak--- Tiroler Bergsportführergesetz, LGBL. Nr. 7/98;
 Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 §4 (2)a;
 Vorarlberger Bergführergesetz, LGBL. Nr. 54/02; and
 Wien: Gesetz über die Unterweisung in Wintersportarten, LGBL. Nr. 37/02.
 CY: Law 65(I)/1997 as amended; and
 Law 17(I) /1995 as amended.
 638
 ---pagebreak--- Reservation No. 16 - Transport services and services auxiliary to transport services
 Sector – sub-sector: Transport services - fishing and water transportation – any other
 commercial activity undertaken from a ship; water transportation and
 auxiliary services for water transport; rail transport and auxiliary
 services to rail transport; road transport and services auxiliary to road
 transport; services auxiliary to air transport services
 Industry classification: ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 711, 712, 721, 741, 742, 743,
 744, 745, 748, 749, 7461, 7469, 83103, 86751, 86754, 8730, 882
 Type of reservation: Market access
 National treatment
 Most-favoured-nation treatment
 Senior management and boards of directors
 Local presence
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 (a) Maritime transport and auxiliary services for maritime transport. Any commercial activity
 undertaken from a ship (ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 721, Part of 742, 745, 74540,
 74520, 74590, 882)
 With respect to Investment liberalisation – Market Access, and Cross-border trade in services –
 Market Access:
 In EU: For port services, the managing body of a port, or the competent authority, may limit the
 number of providers of port services for a given port service.
 Measures:
 EU: Regulation (EU) 2017/352 of 15 February 2017 establishing a framework for the provision of port
 services and common rules on the financial transparency of ports, Article 6.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors; Cross-border trade in services – Market access, National treatment:
 In BG: The carriage and any activities related to hydraulic-engineering and underwater technical
 works, prospecting and extraction of mineral and other inorganic resources, pilotage, bunkering,
 receipt of waste, water-and-oil mixtures and other such, performed by vessels in the internal waters,
 and the territorial sea of Bulgaria, may only be performed by vessels flying the Bulgarian flag or
 vessels flying the flag of another Member State.
 The number of the service suppliers at the ports may be limited depending on the objective capacity
 of the port, which is decided by an expert commission, set up by the Minister of Transport,
 Information Technology and Communications.
 639
 ---pagebreak--- Nationality requirement for supporting services. The master and the chief engineer of the vessel
 shall mandatorily be nationals of a Member State of the EEA, or of the Swiss Confederation. (ISIC
 Rev. 3.1 0501, 0502, CPC 5133, 5223, 721, 74520, 74540, 74590, 882).
 Measures:
 BG: Merchant Shipping Code; Law For the Sea Water, Inland Waterways and Ports of the Republic of
 Bulgaria; Ordinance for the condition and order for selection of Bulgarian carriers for carriage of
 passengers and cargoes under international treaties; and Ordinance 3 for servicing of unmanned
 vessels.
 With respect to Investment liberalisation – Market Access and Cross-border trade in services –
 Market Access:
 In BG: Regarding supporting services for public transport carried out in Bulgarian ports, in ports
 having national significance, the right to perform supporting activities is granted through a
 concession contract. In ports having regional significance, this right is granted by a contract with the
 owner of the port (CPC 74520, 74540, 74590).
 Measures:
 BG: Merchant Shipping Code; Law For the Sea Water, Inland Waterways and Ports of the Republic of
 Bulgaria.
 With respect to Cross-border trade in services – Local presence:
 In DK: Pilotage-providers may only conduct pilotage service in Denmark, if they are domiciled in the
 EEA and registered and approved by the Danish Authorities in accordance with the Danish Act on
 Pilotage (CPC 74520).
 Measures:
 DK: Danish Pilotage Act, §18.
 With respect to Investment liberalisation - Market access, National treatment, Most-Favoured
 nation treatment and Cross-border trade in services - Market access, National treatment, Most-
 favoured-nation treatment:
 In DE (applies also to the regional level of government): A vessel that does not belong to a national
 of a Member State may only be used for activities other than transport and auxiliary services in the
 German federal waterways after specific authorisation. Waivers for non- European Union vessels
 may only be granted if no European Union vessels are available or if they are available under very
 unfavourable conditions, or on the basis of reciprocity. Waivers for vessels flying under the United
 Kingdom flag may be granted on the basis of reciprocity (§ 2 paragraph 3 KüSchVO). All activities
 falling within the scope of the pilot law are regulated and accreditation is restricted to nationals of
 the EEA or the Swiss Confederation. Provision and Operation of facilities for pilotage is restricted to
 public authorities or companies, which are designated by them.
 For rental or leasing of seagoing vessels with or without operators, and for rental or leasing without
 operator of non-seagoing vessels, the conclusion of contracts for freight transport by ships flying a
 foreign flag or the chartering of such vessels may be restricted, depending on the availability of ships
 flying under the German flag or the flag of another Member State.
 640
 ---pagebreak--- Transactions between residents and non-residents concerning:
 (i) rental of inland waterway transport vessels, which are not registered in the
 economic area;
 (ii) transport of freight with such inland waterway transport vessels; or
 (iii) towing services by such inland waterway transport vessels,
 within the economic area may be restricted (Water transport, Supporting services for water
 transport, Rental of ships, Leasing services of ships without operators (CPC 721, 745, 83103, 86751,
 86754, 8730)).
 Measures:
 DE: Gesetz über das Flaggenrecht der Seeschiffe und die Flaggenführung der Binnenschiffe
 (Flaggenrechtsgesetz; Flag Protection Act);
 Verordnung über die Küstenschifffahrt (KüSchV);
 Gesetz über die Aufgaben des Bundes auf dem Gebiet der Binnenschiffahrt
 (Binnenschiffahrtsaufgabengesetz - BinSchAufgG);
 Verordnung über Befähigungszeugnisse in der Binnenschiffahrt (Binnenschifferpatentverordnung -
 BinSchPatentV);
 Gesetz über das Seelotswesen (Seelotsgesetz - SeeLG);
 Gesetz über die Aufgaben des Bundes auf dem Gebiet der Seeschiffahrt (Seeaufgabengesetz -
 SeeAufgG); and
 Verordnung zur Eigensicherung von Seeschiffen zur Abwehr äußerer Gefahren (See-
 Eigensicherungsverordnung - SeeEigensichV). r
 With respect to Investment liberalisation - Market access, National Treatment and Cross-border
 trade in services - Market access, National treatment:
 In FI: supporting services for maritime transport when provided in Finnish maritime waters are
 reserved to fleets operating under the national, Union or Norwegian flag (CPC 745).
 Measures:
 FI: Merilaki (Maritime Act) (674/1994); and
 Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919), s. 4.
 With respect to Investment liberalisation - Market access:
 In EL: Public monopoly imposed in port areas for cargo handling services (CPC 741).
 In IT: An economic needs test is applied for maritime cargo-handling services. Main criteria: number
 of and impact on existing establishments, population density, geographic spread and creation of new
 employment (CPC 741).
 641
 ---pagebreak--- Measures:
 EL: Code of Public Maritime Law (Legislative Decree 187/1973).
 IT: Shipping Code;
 Law 84/1994; and
 Ministerial decree 585/1995.
 (b) Rail transport and auxiliary services to rail transport (CPC 711, 743)
 With respect to Investment liberalisation - Market access, National treatment, and Cross-border
 trade in services - Market access, National treatment:
 In BG: Only nationals of a Member State may provide rail transport or supporting services for rail
 transport in Bulgaria. A licence to carry out passenger or freight transportation by rail is issued by
 the Minister of Transport to railway operators registered as traders (CPC 711, 743).
 Measures:
 BG: Law for Railway Transport, Articles. 37, 48.
 With respect to Investment liberalisation - Market access:
 In LT: The exclusive rights for the provision of transit services are granted to railway undertakings
 which are owned, or whose stock is 100 per cent owned, by the state (CPC 711).
 Measures:
 LT: Railway transport Code of the Republic of Lithuania of 22 April 2004 No. IX-2152 as amended by 8
 June 2006 No. X-653.
 (c) Road transport and services auxiliary to road transport (CPC 712, 7121, 7122, 71222, 7123)
 For road transport services not covered by Titles I [Transport of goods by road] and II [Transport of
 passengers by Road] of Heading Three [Road Transport] of Part Two [Trade, transport and fisheries]
 and Annex ROAD-1[Transport of goods by road].
 With respect to Investment liberalisation - Market access, National treatment, and Cross-border
 trade in services - Market access, National treatment:
 In AT: (With respect also to Most-favoured-nation treatment) For passenger and freight
 transportation, exclusive rights or authorisations may only be granted to nationals of the Contracting
 Parties of the EEA and to legal persons of the Union having their headquarters in Austria. Licences
 are granted on non– discriminatory terms, under condition of reciprocity (CPC 712).
 Measures:
 AT: Güterbeförderungsgesetz (Goods Transportation Act), BGBl. Nr. 593/1995; § 5;
 Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGBl. Nr. 112/1996; § 6; and
 642
 ---pagebreak--- Kraftfahrliniengesetz (Law on Scheduled Transport), BGBl. I Nr. 203/1999 as amended, §§ 7 and 8.
 With respect to Investment liberalisation - National treatment, Most-favoured-nation treatment:
 In EL: For operators of road freight transport services. In order to engage in the occupation of road
 freight transport operator a Hellenic licence is needed. Licences are granted on non– discriminatory
 terms, under condition of reciprocity (CPC 7123).
 Measures:
 EL: Licensing of road freight transport operators: Greek law 3887/2010 (Government Gazette
 A' 174), as amended by Article 5 of law 4038/2012 (Government Gazette A' 14)
 With respect to Investment liberalisation - Market access:
 In IE: Economic needs test for intercity bussing services. Main criteria: number of and impact on
 existing establishments, population density, geographical spread, impact on traffic conditions and
 creation of new employment (CPC 7121, CPC 7122).
 In MT: Taxis - numerical restrictions on the number of licences apply.
 Karozzini (horse drawn carriages): Numerical Restrictions on the number of licences apply (CPC 712).
 In PT: Economic needs test for limousine services. Main criteria: number of and impact on existing
 establishments, population density, geographic spread, impact on traffic conditions and creation of
 new employment (CPC 71222).
 Measures:
 IE: Public Transport Regulation Act 2009.
 MT: Taxi Services Regulations (SL499.59).
 PT: Decree-Law 41/80, August 21.
 With respect to Investment liberalisation – Market access and Cross-border trade in services - Local
 presence:
 In CZ: Incorporation in the Czech Republic is required (no branches).
 Measures:
 CZ: Act no. 111/1994. Coll. on Road Transport.
 With respect to Investment liberalisation - Market access, National treatment and Cross-border
 trade in services - Market access, National treatment, Most-favoured-nation treatment:
 In SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed.
 Criteria for receiving a taxi licence include that the company has appointed a natural person to act as
 the transport manager (a de facto residency requirement – see the Swedish reservation on types of
 establishment).
 643
 ---pagebreak--- Measures:
 SE: Yrkestrafiklag (2012:210) (Act on professional traffic);
 Yrkestrafikförordning (2012:237) (Government regulation on professional traffic);
 Taxitrafiklag (2012:211) (Act on Taxis); and
 Taxitrafikförordning (2012:238) (Government regulation on taxis).
 With respect to Cross-border trade in services – Local presence:
 In SK: A taxi service concession and a permit for the operation of taxi dispatching can be granted to a
 person who has a residence or place of establishment in the territory of the Slovak Republic or in
 another EEA Member State.
 Measures:
 Act 56/2012 Coll. on Road Transport
 (d) Services auxiliary to air transport services
 With respect to Investment liberalisation - Market Access, National Treatment and Cross-border
 trade in services – Market Access, National Treatment:
 In EU: For groundhandling services, establishment within the European Union territory may be
 required. The level of openness of groundhandling services depends on the size of airport. The
 number of suppliers in each airport may be limited. For "big airports", this limit may not be less than
 two suppliers.
 Measures:
 EU: Directive 1996/67/EC of 15 October 1996 on access to the groundhandling market at Community
 airports.
 In BE (applies also to the regional level of government): For groundhandling services, reciprocity is
 required.
 Measures:
 BE: Arrêté Royal du 6 novembre 2010 réglementant l'accès au marché de l'assistance en escale à
 l'aéroport de Bruxelles-National (Article 18);
 Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de
 Vlaamse regionale luchthavens (Article 14); and
 Arrêté du Gouvernement wallon réglementant l'accès au marché de l'assistance en escale aux
 aéroports relevant de la Région wallonne (Article14).
 (e) Supporting services for all modes of transport (part of CPC 748)
 With respect to Cross-border trade in services – Local presence:
 644
 ---pagebreak--- The EU (applies also to the regional level of government): Customs clearance services may only be
 provided by Union residents or legal persons established in the Union.
 Measures:
 EU: Regulation (EU) No 952/2013 of 9 October 2013 of the European Parliament and of the Council
 establishing the Union Customs Code.
 645
 ---pagebreak--- Reservation No. 17 - Energy related activities
 Sector – sub-sector: Energy related activities - mining and quarrying; production,
 transmission and distribution on own account of electricity, gas, steam
 and hot water; pipeline transportation of fuels; storage and warehouse
 of fuels transported through pipelines; and services incidental to
 energy distribution
 Industry classification: ISIC Rev. 3.1 10, 11, 12, 13, 14, 40, CPC 5115, 63297, 713, part of 742,
 8675, 883, 887
 Type of reservation: Market access
 National treatment
 Senior management and boards of directors
 Local presence
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 (a) Mining and quarrying (ISIC Rev. 3.1 10, 11, 12, 13, 14, CPC 5115, 7131, 8675, 883)
 With respect to Investment liberalisation – Market access:
 In NL: The exploration for and exploitation of hydrocarbons in the Netherlands is always performed
 jointly by a private company and the public (limited) company designated by the Minister of
 Economic Affairs. Articles 81 and 82 of the Mining Act stipulate that all shares in this designated
 company must be directly or indirectly held by the Dutch State (ISIC Rev. 3.1 10, 3.1 11, 3.1 12, 3.1
 13, 3.1 14).
 In BE: The exploration for and exploitation of mineral resources and other non-living resources in
 territorial waters and the continental shelf are subject to concession. The concessionaire must have
 an address for service in Belgium (ISIC Rev. 3.1:14).
 In IT (applies also to the regional level of government for exploration): Mines belonging to the State
 have specific exploration and mining rules. Prior to any exploitation activity, a permit for exploration
 is needed ("permesso di ricerca", Article 4 Royal Decree 1447/1927). This permit has a duration,
 defines exactly the borders of the ground under exploration and more than one exploration permit
 may be granted for the same area to different persons or companies (this type of licence is not
 necessarily exclusive). In order to cultivate and exploit minerals, an authorisation ("concessione",
 Article 14) from the regional authority is required (ISIC Rev. 3.1 10, 3.1 11, 3.1 12, 3.1 13, 3.1 14, CPC
 8675, 883).
 Measures
 BE: Arrêté Royal du 1er septembre 2004 relatif aux conditions, à la délimitation géographique et à la
 procédure d'octroi des concessions d'exploration et d'exploitation des ressources minérales et autres
 ressources non vivantes de la mer territoriale et du plateau continental.
 646
 ---pagebreak--- IT: Exploration services: Royal Decree 1447/1927; and Legislative Decree 112/1998, Article 34.
 NL: Mijnbouwwet (Mining Act).
 With respect to Investment liberalisation – Market access, National treatment, Most-favoured
 nation treatment:
 In BG: The activities of prospecting or exploration of underground natural resources on the territory
 of the Republic of Bulgaria, in the continental shelf and in the exclusive economic zone in the Black
 Sea are subject to permission, while the activities of extraction and exploitation are subject to
 concession granted under the Underground Natural Resources Act.
 It is forbidden for companies registered in preferential tax treatment jurisdictions (that is, offshore
 zones) or related, directly or indirectly, to such companies to participate in open procedures for
 granting permits or concessions for prospecting, exploration or extraction of natural resources,
 including uranium and thorium ores, as well as to operate an existing permit or concession which
 has been granted, as such operations are precluded, including the possibility to register the
 geological or commercial discovery of a deposit as a result of exploration.
 The mining of uranium ore is closed by Decree of the Council of Ministers No. 163 of 20.08.1992.
 With regard to exploration and mining of thorium ore, the general regime of permits and
 concessions applies. Decisions to allow the exploration or mining of thorium ore are taken on a non-
 discriminatory individual case-by-case basis.
 According to Decision of the National Assembly of the Republic of Bulgaria of 18 Jan 2012 (ch. 14
 June 2012) any usage of hydraulic fracturing technology that is, fracking, for activities of prospecting,
 exploration or extraction of oil and gas is forbidden.
 Exploration and extraction of shale gas is forbidden (ISIC Rev. 3.1 10, 3.1 11, 3.112, 3.1 13,3.1 14).
 Measures:
 BG: Underground Natural Resources Act;
 Concessions Act;
 Law on Privatisation and Post-Privatisation Control;
 Safe Use of Nuclear Energy Act; Decision of the National Assembly of the Republic of Bulgaria of 18
 Jan 2012; Economic and Financial Relations with Companies Registered in Preferential Tax Treatment
 Jurisdictions, the Persons Controlled Thereby and Their Beneficial Owners Act;; and Subsurface
 Resources Act.
 With respect to Investment liberalisation – Market access, National treatment, Most-favoured
 nation treatment:
 In CY: The Council of Ministers may refuse to allow the activities of prospecting, exploration and
 exploitation of hydrocarbons to be carried out by any entity which is effectively controlled by the
 United Kingdom or by nationals of the United Kingdom. After the granting of an authorisation, no
 entity may come under the direct or indirect control of the United Kingdom or a national of the
 United Kingdom without the prior approval of the Council of Ministers. The Council of Ministers may
 647
 ---pagebreak--- refuse to grant an authorisation to an entity which is effectively controlled by the United Kingdom or
 by a national of the United Kingdom, if the United Kingdom does not grant entities of the Republic or
 entities of Member States as regards access to and exercise of the activities of prospecting, exploring
 for and exploiting hydrocarbons, treatment comparable to that which the Republic or Member State
 grants entities from the United Kingdom (ISIC Rev 3.1 1110).
 Measures:
 CY: The Hydrocarbons (Prospecting, Exploration and Exploitation Law) of 2007, (Law 4(I)/2007) as
 amended.
 With respect to Investment liberalisation – Market Access National treatment and Cross-border
 services – Local presence:
 In SK: For mining, activities related to mining and geological activity, incorporation in the EEA is
 required (no branching). Mining and prospecting activities covered by Act of the Slovak Republic
 44/1988 on protection and exploitation of natural resources are regulated on a non-discriminatory
 basis, including through public policy measures seeking to ensure the conservation and protection of
 natural resources and the environment such as the authorisation or prohibition of certain mining
 technologies. For greater certainty, such measures include the prohibition of the use of cyanide
 leaching in the treatment or refining of minerals, the requirement of a specific authorisation in the
 case of fracking for activities of prospecting, exploration or extraction of oil and gas, as well as prior
 approval by local referendum in the case of nuclear/radioactive mineral resources. This does not
 increase the non-conforming aspects of the existing measure for which the reservation is taken. (ISIC
 Rev. 3.1 10, 3.1 11, 3.1 12, 3.1 13, 3.1 14, CPC 5115, 7131, 8675 and 883).
 Measures
 SK: Act 51/1988 on Mining, Explosives and State Mining Administration; and Act 569/2007 on
 Geological Activity, Act 44/1988 on protection and exploitation of natural resources.
 With respect to Investment liberalisation – Market access and Cross-border trade in services – Local
 presence:
 In FI: The exploration for and exploitation of mineral resources are subject to a licensing
 requirement, which is granted by the Government in relation to the mining of nuclear material. A
 permit of redemption for a mining area is required from the Government. Permission may be
 granted to a natural person resident in the EEA or a legal person established in the EEA. An economic
 needs test may apply (ISIC Rev. 3.1 120, CPC 5115, 883, 8675).
 In IE: Exploration and mining companies operating in Ireland are required to have a presence there.
 In the case of minerals exploration, there is a requirement that companies (Irish and foreign) employ
 either the services of an agent or a resident exploration manager in Ireland while work is being
 undertaken. In the case of mining, it is a requirement that a State Mining Lease or License be held by
 a company incorporated in Ireland. There are no restrictions as to ownership of such a company (ISIC
 Rev. 3.1 10, 3.1 13, 3.1 14, CPC 883).
 Measures
 FI: Kaivoslaki (Mining Act) (621/2011); and
 Ydinenergialaki (Nuclear Energy Act) (990/1987).
 648
 ---pagebreak--- IE: Minerals Development Acts 1940 – 2017; and Planning Acts and Environmental Regulations.
 With respect only to Investment – Market access, National treatment and Cross-border trade in
 services – Local presence:
 In SI: The exploration for and exploitation of mineral resources, including regulated mining services,
 are subject to establishment in or citizenship of the EEA, the Swiss Confederation or an OECD
 Member (ISIC Rev. 3.1 10, ISIC Rev. 3.1 11, ISIC Rev. 3.1 12, ISIC Rev. 3.1 13, ISIC Rev. 3.1 14, CPC 883,
 CPC 8675).
 Measures
 SI: Mining Act 2014.
 (b) Production, transmission and distribution on own account of electricity, gas, steam and hot
 water; pipeline transportation of fuels; storage and warehouse of fuels transported through
 pipelines; services incidental to energy distribution (ISIC Rev. 3.1 40, 3.1 401, CPC 63297, 713, part
 of 742, 74220, 887)
 With respect to Investment liberalisation – Market access:
 In DK: The owner or user intending to establish gas infrastructure or a pipeline for the transport of
 crude or refined petroleum and petroleum products and of natural gas must obtain a permit from
 the local authority before commencing work. The number of such permits which are issued may be
 limited (CPC 7131).
 In MT: EneMalta plc has a monopoly for the provision of electricity (ISIC Rev. 3.1 401; CPC 887).
 In NL: the ownership of the electricity network and the gas pipeline network are exclusively granted
 to the Dutch government (transmission systems) and other public authorities (distribution systems)
 (ISIC Rev. 3.1 040, CPC 71310).
 Measures:
 DK: Lov om naturgasforsyning, LBK 1127 05/09/2018, lov om varmeforsyning, LBK 64 21/01/2019,
 lov om Energinet, LBK 997 27/06/2018. Bekendtgørelse nr. 1257 af 27. november 2019 om
 indretning, etablering og drift af olietanke, rørsystemer og pipelines (Order no. 1257 of November
 27th, 2019, on the arrangement, establishment and operation of oil tanks, piping systems and
 pipelines)
 MT: EneMalta Act Cap. 272 and EneMalta (Transfer of Assets, Rights, Liabilities & Obligations) Act
 Cap. 536.
 NL: Elektriciteitswet 1998; Gaswet.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – National treatment, Local presence:
 In AT: With regard to the transportation of gas authorisation is only granted to nationals of a
 Member State of the EEA domiciled in the EEA. Enterprises and partnerships must have their seat in
 the EEA. The operator of the network must appoint a Managing Director and a Technical Director
 649
 ---pagebreak--- who is responsible for the technical control of the operation of the network, both of whom must be
 nationals of a member state of the EEA.
 The competent authority may waive the nationality and domiciliation requirements where the
 operation of the network is considered to be in the public interest.
 For the transportation of goods other than gas and water, the following applies:
 (i) with regard to natural persons, authorisation is only granted to EEA-nationals who must
 have a seat in Austria; and
 (ii) enterprises and partnerships must have their seat in Austria. An Economic Needs Test
 or interest test is applied. Cross border pipelines must not jeopardise Austria's security
 interests and its status as a neutral country. Enterprises and partnerships have to
 appoint a managing director who must be a national of a member state of the EEA. The
 competent authority may waive the nationality and seat requirements if the operation
 of the pipeline is considered to be in the national economic interest (CPC 713).
 Measures:
 AT: Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr. 411/1975, § 5(1) and (2), §§ 5 (1) and
 (3), 15, 16; and
 Gaswirtschaftsgesetz 2011(Gas Act), BGBl. I Nr. 107/2011, Articles 43 and 44, Articles 90 and 93.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of director and Cross-border trade in services – (applies only to the regional level of
 government) National treatment, Local presence:
 In AT: With regard to transmission and distribution of electricity, authorisation is only granted to
 nationals of a Member State of the EEA domiciled in the EEA. If the operator appoints a managing
 director or a leaseholder, the domicile requirement is waived.
 Legal persons (enterprises) and partnerships must have their seat in the EEA. They must appoint a
 managing director or a leaseholder, both of whom must be nationals of a Member State of the EEA
 domiciled in the EEA.
 The competent authority may waive the domicile and nationality requirements where the operation
 of the network is considered to be in the public interest (ISIC Rev. 3.1 40, CPC 887).
 Measures:
 AT: Burgenländisches Elektrizitätswesengesetz 2006, LGBl. Nr. 59/2006 as amended;
 Niederösterreichisches Elektrizitätswesengesetz, LGBl. Nr. 7800/2005 as amended; Landesgesetz, mit
 dem das Oberösterreichische Elektrizitätswirtschafts- und -
 organisationsgesetz 2006 erlassen wird (Oö. ElWOG 2006), LGBl. Nr. 1/2006 as amended; Salzburger
 Landeselektrizitätsgesetz 1999 (LEG), LGBl. Nr. 75/1999 as amended;
 Gesetz vom 16. November 2011 über die Regelung des Elektrizitätswesens in Tirol (Tiroler
 650
 ---pagebreak--- Elektrizitätsgesetz 2012 – TEG 2012), LGBl. Nr. 134/2011;
 Gesetz über die Erzeugung, Übertragung und Verteilung von elektrischer Energie
 (Vorarlberger Elektrizitätswirtschaftsgesetz), LGBl. Nr. 59/2003 as amended;
 Gesetz über die Neuregelung der Elektrizitätswirtschaft (Wiener Elektrizitätswirtschaftsgesetz
 2005 – WElWG 2005), LGBl. Nr. 46/2005;
 Steiermärkisches Elektrizitätswirtschafts- und Organisationsgesetz(ELWOG), LGBl. Nr.
 70/2005; and
 Kärntner Elektrizitätswirtschafts-und Organisationsgesetz(ELWOG), LGBl. Nr. 24/2006.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Local presence:
 In CZ: For electricity generation, transmission, distribution, trading, and other electricity market
 operator activities, as well as gas generation, transmission, distribution, storage and trading, as well
 as heat generation and distribution, authorisation is required. Such authorisation may only be
 granted to a natural person with a residence permit or a legal person established in the Union.
 Exclusive rights exist with regard to electricity and gas transmission and market operator licences
 (ISIC Rev. 3.1 40, CPC 7131, 63297, 742, 887).
 In LT: The licences for transmission, distribution, public supply and organizing of trade of electricity
 may only be issued to legal persons established in the Republic of Lithuania or branches of foreign
 legal persons or other organisations of another Member State established in the Republic Lithuania.
 The permits to generate electricity, develop electricity generation capacities and build a direct line
 may be issued to individuals with residency in the Republic of Lithuania or to legal persons
 established in the Republic of Lithuania, or to branches of legal persons or other organizations of
 another Member States established in the Republic of Lithuania. This reservation does not apply to
 consultancy services related to the transmission and distribution on a fee or contract basis of
 electricity (ISIC Rev. 3.1 401, CPC 887).
 In the case of fuels, establishment is required. Licences for transmission and distribution, storage of
 fuels and liquefaction of natural gas may only be issued to legal persons established in the Republic
 of Lithuania or branches of legal persons or other organisations (subsidiaries) of another Member
 State established in the Republic Lithuania.
 This reservation does not apply to consultancy services related to the transmission and distribution
 on a fee or contract basis of fuels (CPC 713, CPC 887).
 In PL: the following activities are subject to licensing under the Energy Law Act:
 (i) generation of fuels or energy, except for: generation of solid or gaseous fuels;
 generation of electricity using electricity sources of the total capacity of not more than
 50 MW other than renewable energy sources; cogeneration of electricity and heat using
 sources of the total capacity of not more than 5 MW other than renewable energy
 sources; generation of heat using the sources of the total capacity of not more than 5
 MW;
 651
 ---pagebreak--- (ii) storage of gaseous fuels in storage installations, liquefaction of natural gas and
 regasification of liquefied natural gas at LNG installations, as well as the storage of
 liquid fuels, except for: the local storage of liquid gas at installations of the capacity of
 less than 1 MJ/s capacity and the storage of liquid fuels in retail trade;
 (iii) transmission or distribution of fuels or energy, except for: the distribution of
 gaseous fuels in grids of less than 1 MJ/s capacity and the transmission or distribution of
 heat if the total capacity ordered by customers does not exceed 5 MW;
 (iv) trade in fuels or energy, except for: the trade in solid fuels; the trade in electricity
 using installations of voltage lower than 1 kV owned by the customer; the trade in
 gaseous fuels if their annual turnover value does not exceed the equivalent of EUR 100
 000€; the trade in liquid gas, if the annual turnover value does not exceed EUR 10 000€;
 and the trade in gaseous fuels and electricity performed on commodity exchanges by
 brokerage houses which conduct the brokerage activity on the exchange commodities
 on the basis of the Act of 26 October 2000 on commodity exchanges, as well as the
 trade in heat if the capacity ordered by the customers does not exceed 5 MW. The
 limits on turnover do not apply to wholesale trade services in gaseous fuels or liquid gas
 or to retail services of bottled gas.
 A licence may only be granted by the competent authority to an applicant that has registered their
 principal place of business or residence in the territory of a Member State of the EEA or the Swiss
 Confederation (ISIC Rev. 3.1 040, CPC 63297, 74220, CPC 887).
 Measures:
 CZ: Act No. 458/2000 Coll on Business conditions and public administration in the energy sectors (The
 Energy Act).
 LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973; and Law on
 electricity of the Republic of Lithuania of 20 July 2000 No VIII-1881.
 PL: Energy Law Act of 10 April 1997, Articles 32 and 33.
 With respect to Cross-border trade in services – Local presence:
 In SI: The production, trading, supply to final customers, transmission and distribution of electricity
 and natural gas is subject to establishment in the Union (ISIC Rev. 3.1 4010, 4020, CPC 7131, CPC
 887).
 Measures:
 SI: Energetski zakon (Energy Act) 2014, Official Gazette RS, nr. 17/2014; and Mining Act 2014.
 652
 ---pagebreak--- Reservation No. 18 - Agriculture, fishing and manufacturing
 Sector – sub-sector: Agriculture, hunting, forestry; animal and reindeer husbandry, fishing
 and aquaculture; publishing, printing and reproduction of recorded
 media
 Industry classification: ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, 050, 0501, 0502, 221, 222,
 323, 324, CPC 881, 882, 88442
 Type of reservation: Market access
 National treatment
 Most-favoured-nation treatment
 Performance requirements
 Senior management and boards of directors
 Local presence
 Chapter: Investment liberalisation; Cross-border trade in services
 Level of government: EU/ Member State (unless otherwise specified)
 Description:
 (a) Agriculture, hunting and forestry (ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, CPC 881)
 With respect to Investment liberalisation – National treatment:
 In IE: Establishment by foreign residents in flour milling activities is subject to authorisation (ISIC Rev.
 3.1 1531).
 Measures:
 IE: Agriculture Produce (Cereals) Act, 1933.
 With respect to Investment liberalisation – Market Access, National Treatment:
 In FI: Only nationals of a Member State of the EEA resident in the reindeer herding area may own
 reindeer and practice reindeer husbandry. Exclusive rights may be granted.
 In FR: Prior authorisation is required in order to become a member or act as a director of an
 agricultural cooperative (ISIC Rev. 3.1 011, 012, 013, 014, 015).
 In SE: Only Sami people may own and practice reindeer husbandry.
 Measures:
 FI: Poronhoitolaki (Reindeer Husbandry Act) (848/1990), Chapter 1, s. 4, Protocol 3 to the Accession
 Treaty of Finland.
 FR: Code rural et de la pêche maritime.
 SE: Reindeer Husbandry Act (1971:437), section 1.
 653
 ---pagebreak--- (b) Fishing and aquaculture (ISIC Rev. 3.1 050, 0501, 0502, CPC 882)
 With respect to Investment liberalisation – Market Access, National Treatment and Cross-border
 Services: Market Access:
 In FR: A French vessel flying the French flag may be issued a fishing authorisation or may be allowed
 to fish on the basis of national quotas only when a real economic link on the territory of France is
 established and the vessel is directed and controlled from a permanent establishment located on the
 territory of France (ISIC Rev. 3.1 050, CPC 882).
 Measures:
 FR: Code rural et de la pêche maritime.
 (c) Manufacturing - Publishing, printing and reproduction of recorded media (ISIC Rev. 3.1
 221, 222, 323, 324, CPC 88442)
 With respect to Investment liberalisation – Market Access, National Treatment and Cross-border
 Services: Market Access, National Treatment, Local presence:
 In LV: Only legal persons incorporated in Latvia, and natural persons of Latvia have the right to found
 and publish mass media. Branches are not allowed (CPC 88442).
 Measures:
 LV: Law on the Press and Other Mass Media, s. 8.
 With respect to Investment liberalisation – National treatment and Cross-border trade in services –
 Local presence:
 In DE (applies also to the regional level of government): Each publicly distributed or printed
 newspaper, journal, or periodical must clearly indicate a "responsible editor" (the full name and
 address of a natural person). The responsible editor may be required to be a permanent resident of
 Germany, the Union or an EEA Member State. Exceptions may be allowed by the Federal Minister of
 the Interior (ISIC Rev. 3.1 223, 224).
 Measures:
 DE:
 Regional level:
 Gesetz über die Presse Baden-Württemberg (LPG BW);
 Bayerisches Pressegesetz (BayPrG);
 Berliner Pressegesetz (BlnPrG);
 Brandenburgisches Landespressegesetz (BbgPG);
 Gesetz über die Presse Bremen (BrPrG);
 Hamburgisches Pressegesetz;
 654
 ---pagebreak--- Hessisches Pressegesetz (HPresseG);
 Landespressegesetz für das Land Mecklenburg-Vorpommern (LPrG M-V);
 Niedersächsisches Pressegesetz (NPresseG);
 Pressegesetz für das Land Nordrhein-Westfalen (Landespressegesetz NRW);
 Landesmediengesetz (LMG) Rheinland-Pfalz;
 Saarländisches Mediengesetz (SMG);
 Sächsisches Gesetz über die Presse (SächsPresseG);
 Pressegesetz für das Land Sachsen-Anhalt (Landespressegesetz);
 Gesetz über die Presse Schleswig-Holstein (PressG SH);
 Thüringer Pressegesetz (TPG).
 With respect to Investment liberalisation – Market Access, National Treatment:
 In IT: In so far as the United Kingdom allow Italian investors to own more than 49 per cent of the
 capital and voting rights in a publishing company of the United Kingdom, then Italy will allow
 investors of the United Kingdom to own more than 49 per cent of the capital and voting rights in an
 Italian publishing company under the same conditions (ISIC Rev. 3.1 221, 222).
 Measures:
 IT: Law 416/1981, Article 1 (and subsequent amendments).
 With respect to Investment liberalisation – Senior management and boards of directors:
 In PL: Nationality is required for the editor-in-chief of newspapers and journals (ISIC Rev.
 3.1 221, 222).
 Measures:
 PL: Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item 24, with subsequent
 amendments.
 With respect to Investment liberalisation – National treatment and Cross-border trade in services –
 National treatment, Local presence:
 In SE: Natural persons who are owners of periodicals that are printed and published in Sweden must
 reside in Sweden or be nationals of a Member State of the EEA. Owners of such periodicals who are
 legal persons must be established in the EEA. Periodicals that are printed and published in Sweden
 and technical recordings must have a responsible editor, who must be domiciled in Sweden (ISIC
 Rev. 3.1 22, CPC 88442).
 Measures:
 655
 ---pagebreak--- SE: Freedom of the press act (1949:105);
 Fundamental law on Freedom of Expression (1991:1469); and
 Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of
 Expression (1991:1559).
 656
 ---pagebreak--- Schedule of the United Kingdom
 Reservation No. 1 – All sectors
 Reservation No. 2 – Professional services (all professions except health-related)
 Reservation No. 3 – Professional services (veterinary services)
 Reservation No. 4 – Research and development services
 Reservation No. 5 – Business services
 Reservation No. 6 – Communication services
 Reservation No. 7 – Transport services and services auxiliary to transport services
 Reservation No. 8 – Energy related activities
 657
 ---pagebreak--- Reservation No. 1 – All sectors
 Sector: All sectors
 Type of reservation: Market access
 National treatment
 Senior management and boards of directors
 Performance resuirements
 Chapter: Investment Liberalisation
 Level of government: Central and Regional (unless otherwise specified)
 Description:
 With respect to Investment Liberalisation – Performance requirements
 The United Kingdom may enforce a commitment or undertaking given in accordance with the
 provisions governing post-offer undertakings in the City Code on Takeovers and Mergers, or
 pursuant to Deeds of Undertaking in relation to takeovers or mergers, where the commitment
 or undertaking is not imposed or required as a condition of approval of the takeover or merger.
 Measures:
 The City Code on Takeovers and Mergers
 Companies Act 2006
 Law of Property (Miscellaneous Provisions) Act 1989 as regards enforcement of Deeds of
 Undertaking in relation to takeovers or mergers
 With respect to Investment Liberalisation – Market access, National treatment and Senior
 management and boards of directors
 This reservation applies only to health, social or education services:
 The UK, 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 such interests or assets, and on the
 ability of owners of such interests and assets to control any resulting enterprise, by investors of the
 Union or their enterprises. With respect to such a sale or other disposition, the UK may adopt or
 maintain any measure relating to the nationality of senior management or members of the boards of
 directors, as well as any measure limiting the number of suppliers.
 For the purposes of this reservation:
 (i) any measure maintained or adopted after entry into force of this Agreement that, at
 the time of the sale or other disposition, prohibits or imposes limitations on the
 ownership of equity interests or assets or imposes nationality requirements or
 658
 ---pagebreak--- imposes limitations on the numbers of suppliers as described in this reservation shall
 be deemed to be an existing measure; and
 (ii) ‘state enterprise’ means an enterprise owned or controlled through ownership
 interests by the UK and includes an enterprise established after entry into force of this
 Agreement solely for the purposes of selling or disposing of equity interests in, or the
 assets of, an existing state enterprise or governmental entity.
 Measures:
 As set out in the Description element as indicated above.
 659
 ---pagebreak--- Reservation No. 2 – Professional services (all professions except health-related)
 Sector – sub-sector: Professional services – legal services; auditing services
 Industry classification: Part of CPC 861, CPC 862
 Type of reservation: Market access
 National treatment
 Local presence
 Chapter: Investment liberalisation and Cross-border trade in services
 Level of government: Central and Regional (unless otherwise specified)
 Description:
 (a) Legal services (part of CPC 861)
 In order to provide certain legal services, it may be necessary to obtain authorisation or a licence
 from a competent authority, or to comply with registration requirements. To the extent that the
 requirements for obtaining authorisation or a licence, or registration, are non-discriminatory and
 conform with commitments imposed by Article SERVIN 5.49, they are not listed. These may, for
 example, include a requirement to having obtained specified qualifications, having completed a
 recognised period of training, or requiring upon membership an office or a post address within the
 competent authority’s jurisdiction.
 With respect to Investment Liberalisation – Market access, National treatment and Cross-Border
 Trade in Services – Market access, Local presence, National treatment:
 Residency (commercial presence) may be required by the relevant professional or regulatory body
 for the provision of some UK domestic legal services. Non-discriminatory legal form requirements
 apply.
 Residency may be required by the relevant professional or regulatory body for the provision of
 certain UK domestic legal services in relation to immigration.
 Measures:
 For England and Wales, the Solicitors Act 1974, the Administration of Justice Act 1985 and the Legal
 Services Act 2007. For Scotland, the Solicitors (Scotland) Act 1980 and the Legal Services (Scotland)
 Act 2010. For Northern Ireland, the Solicitors (Northern Ireland) Order 1976. For all jurisdictions, the
 Immigration and Asylum Act 1999. In addition, the measures applicable in each jurisdiction include
 any requirements set by professional and regulatory bodies.
 (b) Auditing services (CPC 86211, 86212 other than accounting and bookkeeping services)
 With respect to Investment Liberalisation – National treatment and Cross-Border Trade in Services –
 National treatment:
 660
 ---pagebreak--- The competent authorities of the UK may recognise the equivalence of the qualifications of an
 auditor who is a national of the Union or of any third country in order to approve them to act as a
 statutory auditor in the UK subject to reciprocity (CPC 8621).
 Measures:
 The Companies Act 2006
 661
 ---pagebreak--- Reservation No. 3 – Professional services (veterinary services)
 Sector – sub-sector: Professional services – veterinary services
 Industry classification: CPC 932
 Type of reservation: Market access
 Local presence
 Chapter: Investment liberalisation and Cross-border trade in services
 Level of government: Central and Regional (unless otherwise specified)
 Description:
 Physical presence is required to perform veterinary surgery. The practice of veterinary surgery is
 reserved to qualified veterinary surgeons who are registered with the Royal College of Veterinary
 Surgeons (RCVS).
 Measures:
 Veterinary Surgeons Act 1966
 662
 ---pagebreak--- Reservation No. 4 – Research and development services
 Sector – sub-sector: Research and development (R&D) services
 Industry classification: CPC 851, 853
 Type of reservation: Market access
 National treatment
 Local presence
 Chapter: Investment liberalisation anc Cross-border trade in services
 Level of government: Central and Regional (unless otherwise specified)
 Description:
 For publicly funded research and development (R&D) services benefitting from funding provided by
 the UK, exclusive rights or authorisations may only be granted to nationals of the UK and to legal
 persons of the UK having their registered office, central administration or principal place of business
 in the UK (CPC 851, 853).
 This reservation is without prejudice to [Part Five] [Participation in Union Programmes, Sound
 Financial Management and Financial Provisions] and to the exclusion of procurement by a Party or
 subsidies or grants in paragraph 6 and 7 of Article SERVIN 1.1 [Objective and scope].
 Measures:
 All currently existing and all future research or innovation programmes.
 663
 ---pagebreak--- Reservation No. 5 – Business services
 Sector – sub-sector: Business services – rental or leasing services without operators and
 other business services
 Industry classification: Part of CPC 831
 Type of reservation: Market access
 National treatment
 Most-favoured-nation treatment
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Level of government: Central and Regional (unless otherwise specified)
 Description:
 For rental or leasing of aircraft without crew (dry lease) aircraft used by an air carrier of the UK are
 subject to applicable aircraft registration requirements. A dry lease agreement to which a UK carrier
 is a party shall be subject to requirements in the national law on aviation safety, such as prior
 approval and other conditions applicable to the use of third countries' registered aircraft. To be
 registered, aircraft may be required to be owned either by natural persons meeting specific
 nationality criteria or by enterprises meeting specific criteria regarding ownership of capital and
 control (CPC 83104).
 With respect to computer reservation system (CRS) services, where the UK air carriers are not
 accorded, by CRS services suppliers operating outside the UK, equivalent (meaning non-
 discriminatory) treatment to that provided in the UK, or where UK CRS services suppliers are not
 accorded, by non-UK air carriers, equivalent treatment to that provided in the UK, measures may be
 taken to accord equivalent discriminatory treatment, respectively, to the non-UK air carriers by the
 CRS services suppliers operating in the UK, or to the non-UK CRS services suppliers by UK air carriers.
 Measures: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24
 September 2008 on common rules for the operation of air services in the Community (Recast) as
 retained in UK law by the European Union (Withdrawal) Act 2018 and as amended by the Operation
 of Air Services (Amendment etc.) (EU Exit) Regulations (S.I. 2018/1392).
 Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a
 Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No
 2299/89, as retained in UK law by the European Union (Withdrawal) Act 2018 and as amended by
 the Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080).
 664
 ---pagebreak--- Reservation No. 6 – Communication services
 Sector – sub-sector: Communication services - postal and courier services
 Industry classification: Part of CPC 71235, part of 73210, part of 751
 Type of reservation: Market access
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Level of government: Central and Regional (unless otherwise specified)
 Description:
 The organisation of the siting of letter boxes on the public highway, the issuing of postage stamps
 and the provision of the registered mail service used in the course of judicial or administrative
 procedures may be restricted in accordance with national legislation. For greater certainty, postal
 operators may be subject to particular universal service obligations or a financial contribution to a
 compensation fund.
 Measures:
 Postal Services Act 2011
 665
 ---pagebreak--- Reservation No. 7 – Transport services and services auxiliary to transport services
 Sector – sub-sector: Transport services - auxiliary services for water transport, auxiliary
 services to rail transport, services auxiliary to road transport, services
 auxiliary to air transport services
 Industry classification: CPC 711, 712, 721, 741, 742, 743, 744, 745, 746, 748, 749
 Type of reservation: Market access
 National treatment
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Level of government: Central and Regional (unless otherwise specified)
 Description:
 (a) Services auxiliary to air transport services (CPC 746)
 With respect to Investment Liberalisation - Market access and Cross-Border Trade in Services -
 Market access:
 The level of openness of groundhandling services depends on the size of airport. The number of
 suppliers in each airport may be limited. For ‘big airports’, this limit may not be less than two
 suppliers.
 Measures:
 The Airports (Groundhandling) Regulations 1997 (S.I. 1997/2389)
 (b) Supporting services for all modes of transport
 With respect to Investment Liberalisation - National treatment and Cross-Border Trade in Services -
 Market access, Local presence, National treatment:
 Customs services, including customs clearance services and services relating to use of temporary
 storage facilities or customs warehouses, may only be provided by persons established in the UK.
 For the avoidance of doubt, this includes UK residents, persons with a permanent place of business
 in the UK or a registered office in the UK.
 Measures:
 Taxation (Cross-Border Trade Act) 2018; the Customs and Excise Management Act 1979; the
 Customs (Export) (EU Exit) Regulations 2019; the Customs (Import Duty) (EU Exit) Regulations 2018;
 the Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018; the Customs
 and Excise (Miscellaneous Provisions and Amendments) (EU Exit) Regulations 2019/1215.
 (c) Auxiliary services for water transport
 666
 ---pagebreak--- With respect to Investment Liberalisation – Market Access, and Cross-Border Trade in Services –
 Market Access:
 For port services, the managing body of a port, or the competent authority, may limit the number of
 providers of port services for a given port service.
 Measures:
 Regulation (EU) 2017/352 of 15 February 2017 establishing a framework for the provision of port
 services and common rules on the financial transparency of ports, Article 6 as retained in UK law by
 the European Union (Withdrawal) Act 2018 and as amended by the Pilotage and Port Services
 (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/671)
 Port Services Regulations 2019
 667
 ---pagebreak--- Reservation No. 8 – Energy related activities
 Sector – sub-sector: Energy related activities - mining and quarrying
 Industry classification: ISIC Rev. 3.1 11, 8675, 883
 Type of reservation: Market access
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Level of government: Central and Regional (unless otherwise specified)
 Description:
 A licence is necessary to undertake exploration and production activities on the UK Continental Shelf
 (UKCS), and to provide services which require direct access to or exploitation of natural resources.
 This reservation applies to production licences issued with respect to the UK Continental Shelf. To be
 a Licensee, a company must have a place of business within the UK. That means either:
 (i) a staffed presence in the UK;
 (ii) registration of a UK company at Companies House; or
 (iii) registration of a UK branch of a foreign company at Companies House.
 This requirement exists for any company applying for a new licence and for any company seeking to
 join an existing licence by assignment. It applies to all licences and to all enterprises, whether
 operator or not. To be a party to a licence that covers a producing field, a company must: (a) be
 registered at Companies House as a UK company; or (b) carry on its business through a fixed place of
 business in the UK as defined in section 148 of the Finance Act 2003 (which normally requires a
 staffed presence) (ISIC Rev. 3.1 11, CPC 883, 8675).
 Measures:
 Petroleum Act 1998
 668
 ---pagebreak--- ANNEX SERVIN-2: FUTURE MEASURES
 Headnotes
 1. The Schedules of the United Kingdom and the Union set out, under Article SERVIN 2.7 [Non-
 conforming measures – Investment liberalisation], Article SERVIN.3.6 [Non-conforming measures –
 Cross-border trade in services] and Article SERVIN.5.50 [Non-conforming measures – Legal services],
 the reservations taken by the United Kingdom and the Union with respect to existing measures that
 do not conform with obligations imposed by:
 (a) Articles SERVIN.2.2 [Market access– Investment liberalisation] or SERVIN.3.2 [Market
 access - Cross-border trade in services];
 (b) Article SERVIN.3.3 [Local presence – Cross-border trade in services];
 (c) Articles SERVIN.2.3 [National treatment– Investment liberalisation] or SERVIN.3.4
 [National treatment - Cross-border trade in services];
 (d) Articles SERVIN.2.4 [Most-favoured-nation treatment– Investment liberalisation], or
 SERVIN.3.5 [Most-favoured-nation treatment - Cross-border trade in services];
 (e) Article SERVIN.2.5 [Senior management and boards of directors];
 (f) Article SERVIN.2.6 [Performance requirements]; or
 (g) Article SERVIN.5.49 [Obligations – Legal services].
 2. The reservations of a Party are without prejudice to the rights and obligations of the Parties
 under GATS.
 3. Each reservation sets out the following elements:
 (a) “sector” refers to the general sector in which the reservation is taken;
 (b) “sub-sector” refers to the specific sector in which the reservation is taken;
 (c) “industry classification” refers, where applicable, to the activity covered by the
 reservation according to the CPC, ISIC rev 3.1, or as expressly otherwise described in a
 Party's reservation;
 (d) “type of reservation” specifies the obligation referred to in paragraph 1 for which a
 reservation is taken;
 (e) “description” sets out the scope of the sector, sub-sector or activities covered by the
 reservation; and
 (f) “existing measures” identifies, for transparency purposes, existing measures that apply
 to the sector, sub-sector or activities covered by the reservation.
 4. In the interpretation of a reservation, all elements of the reservation shall be considered.
 The “description” element shall prevail over all other elements.
 5. For the purposes of the Schedules of the United Kingdom and the European Union:
 669
 ---pagebreak--- (a) ‘ISIC Rev. 3.1’ means the International Standard Industrial Classification of All Economic
 Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M,
 No.4, ISIC Rev. 3.1, 2002;
 (b)‘CPC’ means the Provisional Central Product Classification (Statistical Papers, Series M No.
 77, Department of Interntional Economic and Social Affairs, Statistical Office of the United
 Nations, New York,1991).
 6. For the purposes of the Schedules of the United Kingdom and the Union, a reservation for a
 requirement to have a local presence in the territory of the Union or the United Kingdom is taken
 against Article SERVIN 3.3 [Local presence], and not against Article SERVIN 3.2 [Market access] or
 SERVIN 3.4 [National treatment]. Furthermore, such a requirement is not taken as a reservation
 against Article SERVIN 2.3 [National treatment].
 7. A reservation taken at the level of the Union applies to a measure of the Union, to a
 measure of a Member State at the central level or to a measure of a government within a Member
 State, unless the reservation excludes a Member State. A reservation taken by a Member State
 applies to a measure of a government at the central, regional or local level within that Member
 State. For the purposes of the reservations of 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. For the purposes of the reservations of the Union and its Member
 States, a regional level of government in Finland means the Åland Islands. A reservation taken at the
 level of the United Kingdom applies to a measure of the central government, a regional government
 or a local government.
 8. The list of reservations below does not include measures relating to qualification
 requirements and procedures, technical standards and licensing requirements and procedures
 where they do not constitute a limitation within the meaning of Article SERVIN.2.2 [Market Access –
 Investment liberalisation], Article SERVIN.2.3 [National Treatment – Investment liberalisation],
 Article SERVIN.3.2 [Market access – Cross-border trade in services], Article SERVIN.3.3 [Local
 presence – Cross-Border Trade in Services], Article SERVIN.3.4 [National treatment – Cross-sorder
 trade in services] or Article SERVIN 5.49 [Obligations – Legal services]. These measures may include,
 in particular the need to obtain a licence, to satisfy universal service obligations, to have recognised
 qualifications in regulated sectors, to pass specific examinations, including language examinations,
 to fulfil a membership requirement of a particular profession, such as membership in a professional
 organisation, to have a local agent for service, or to maintain a local address, or any other non-
 discriminatory requirements that certain activities may not be carried out in protected zones or
 areas. While not listed, such measures continue to apply.
 9. For greater certainty, for the European Union, the obligation to grant national treatment
 does not entail the requirement to extend to natural or legal persons of the United Kingdom the
 treatment granted in a Member State, pursuant to the Treaty on the Functioning of the European
 Union, or any measure adopted pursuant to that Treaty, including their implementation in the
 Member States, to:
 (i) natural persons or residents of another Member State; or
 (ii) legal persons constituted or organised under the law of another Member State or of the
 Union and having their registered office, central administration or principal place of business
 in the Union.
 670
 ---pagebreak--- 10. Treatment granted to legal persons established by investors of a Party in accordance with
 the law of the other Party (including, in the case of the Union, the law of a Member State) and
 having their registered office, central administration or principal place of business within that other
 Party, is without prejudice to any condition or obligation, consistent with Chapter 2 [Investment
 Liberalisation] of Title II [Services and Investment] of Heading One [Trade] of Part Two [Trade,
 transport and fisheries], which may have been imposed on such legal person when it was
 established in that other Party, and which shall continue to apply.
 11. The schedules apply only to the territories of the United Kingdom and the European Union in
 accordance with Article FINPROV.1 [Territorial Scope] and Article OTH.9.2 [Geographical Scope] and
 are only relevant in the context of trade relations between the Union and its Member States with
 the United Kingdom. They do not affect the rights and obligations of the Member States under
 Union law.
 12. For greater certainty, non-discriminatory measures do not constitute a market access
 limitation within the meaning of Articles SERVIN. 2.2 [Market access – Investment liberalisation], or
 SERVIN.3.2 [Market access – Cross-border trade in services] or Article SERVIN.5.49 [Obligations –
 Legal services] for any measure:
 (a) 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) restricting the concentration of ownership to ensure fair competition;
 (c) 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) limiting the number of authorisations granted because of technical or physical
 constraints, for example telecommunications spectra and frequencies; or
 (e) 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.
 13. With respect to financial services: Unlike foreign subsidiaries, branches established directly
 in a Member State by a non-European Union financial institution are not, with certain limited
 exceptions, subject to prudential regulations harmonised at European Union level which enable such
 subsidiaries to benefit from enhanced facilities to set up new establishments and to provide cross-
 border services throughout the Union. Therefore, such branches receive an authorisation to operate
 in the territory of a Member State under conditions equivalent to those applied to domestic financial
 institutions of that Member State, and may be required to satisfy a number of specific prudential
 requirements such as, in the case of banking and securities, separate capitalisation and other
 solvency requirements and reporting and publication of accounts requirements or, in the case of
 insurance, specific guarantee and deposit requirements, a separate capitalisation, and the
 localisation in the Member State concerned of the assets representing the technical reserves and at
 least one third of the solvency margin.
 The following abbreviations are used in the list of reservations below:
 671
 ---pagebreak--- UK United Kingdom
 EU European Union, including all its Member States
 AT Austria IE Ireland
 BE Belgium IT Italy
 BG Bulgaria LT Lithuania
 CY Cyprus LU Luxembourg
 CZ Czech Republic LV Latvia
 DE Germany MT Malta
 DK Denmark NL The Netherlands
 EE Estonia PL Poland
 EL Greece PT Portugal
 ES Spain RO Romania
 FI Finland SE Sweden
 FR France SI Slovenia
 HR Croatia SK Slovak Republic
 HU Hungary
 672
 ---pagebreak--- Schedule of the Union
 Reservation No. 1 - All sectors
 Reservation No. 2 - Professional services – other than health related services
 Reservation No. 3 - Professional services – health related and retail of pharmaceuticals
 Reservation No. 4 - Business Services - Research and development services
 Reservation No. 5 - Business Services - Real estate services
 Reservation No. 6 - Business services - Rental or leasing services
 Reservation No. 7 - Business Services - Collection agency services and Credit reporting services
 Reservation No. 8 - Business Services - Placement services
 Reservation No. 9 - Business Services - Security and investigation services
 Reservation No. 10 - Business Services - Other business services
 Reservation No. 11 - Telecommunication
 Reservation No. 12 - Construction
 Reservation No. 13 - Distribution services
 Reservation No. 14 - Education services
 Reservation No. 15 - Environmental services
 Reservation No. 16 – Financial Services
 Reservation No. 17 - Health services and social services
 Reservation No. 18 - Tourism and travel related services
 Reservation No. 19 - Recreational, cultural and sporting services
 Reservation No. 20 - Transport services and auxiliary transport services
 Reservation No. 21 - Agriculture, fishing and water
 Reservation No. 22 - Energy related activities
 Reservation No. 23 - Other services not included elsewhere
 673
 ---pagebreak--- Reservation No. 1 - All sectors
 Sector: All sectors
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Obligations for Legal Services
 Chapter / Section: Investment liberalisation, Cross-border trade in services and
 Regulatory Framework for Legal Services
 Description:
 The EU reserves the right to adopt or maintain any measure with respect to the following:
 (a) Establishment
 With respect to Investment liberalisation – Market access:
 The EU: Services considered as public utilities at a 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 such 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.
 With respect to Investment liberalisation – Market access, National treatment; Cross-border trade in
 services – Market access, National treatment and Regulatory framework for Legal services –
 Obligations:
 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.
 674
 ---pagebreak--- With respect to Investment liberalisation – Market access, National treatment, Performance
 requirements, Senior management and boards of directors; Regulatory Framework for Legal Services
 – Obligations:
 In FR: Pursuant to articles L151-1 and 151-1 et seq of the financial and monetary code, foreign
 investments in France in sectors listed in article R.151-3 of the financial and monetary code are
 subject to prior approval from the Minister for the Economy.
 Existing measures:
 FR: As set out in the description element as indicated above.
 With respect to Investment liberalisation – National treatment, Senior management and boards of
 directors:
 In FR: Limiting foreign participation in newly privatised companies to a variable amount, determined
 by the government of France 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 to Investment liberalisation – Market access and Regulatory framework for Legal
 services – Obligations:
 In HU: Establishment should take a form of limited liability company, joint-stock company or
 representative office. Initial entry as a branch is not permitted except for financial services.
 With respect to Investment liberalisation – Market access, 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 per cent, 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 the schedule of the European Union in ANNEX SERVIN-1.
 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 applies 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 following special powers to:
 (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
 675
 ---pagebreak--- (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 European Union 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; and
 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 liberalisation – Market access, National treatment, Most-favoured
 nation treatment, Performance requirements, Senior management and boards of directors:
 In LT: Enterprises, sectors and facilities of strategic importance to national security.
 Existing measures:
 LT: Law on the Protection of Objects 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 No XIII-992).
 With respect to Investment liberalisation – National treatment and Senior management and boards
 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 liberalisation – Market access, National treatment, Senior management
 and boards of directors:
 In HU: The acquisition of state-owned properties.
 With respect to Investment liberalisation – Market access, National treatment:
 676
 ---pagebreak--- In HU: The acquisition of arable land by foreign legal persons and non-resident natural persons.
 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)); and
 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 the United Kingdom or of a third country.
 Existing measures:
 LV: Law on land privatisation in rural areas, ss. 28, 29, 30.
 In SK: Foreign companies or natural persons may not acquire agricultural and forest land outside the
 borders of the built-up area of a municipality and some other land (e.g. natural resources, lakes,
 rivers, public roads etc.).
 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 liberalisation – National treatment and Cross-border trade in services –
 Local presence:
 In BG: Foreign natural and legal persons cannot acquire land. Legal persons of Bulgaria with foreign
 participation cannot acquire agricultural land. Foreign legal persons and foreign natural persons with
 permanent residence abroad can acquire buildings and real estate property rights (right to use, right
 to build, right to raise a superstructure and servitudes). Foreign natural persons with permanent
 residence abroad, foreign legal persons 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.
 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.
 677
 ---pagebreak--- In EE: Foreign natural or legal persons that are not from the EEA or from members of the
 Organisation for Economic Co-operation and Development can acquire an immovable asset which
 contains agricultural and/or forest land only with the authorisation of the county governor and of
 the municipal council, and must prove as prescribed by law that the immovable asset 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)
 Chapters 2 and 3.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services - Market access, National treatment:
 In LT: Any measure which is consistent with the commitments taken by the European Union and
 which are applicable in Lithuania in 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
 Organisation for Economic Co-operation and Development and North Atlantic Treaty Organization
 conducting economic activities in Lithuania, which are specified by the constitutional law in
 compliance with the criteria of European Union and other integration which Lithuania 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 liberalisation –National treatment and Cross-border trade in services –
 National treatment:
 In EU: The European Union directives on mutual recognition of diplomas and other professional
 qualification only apply to the citizens of the Union. 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 liberalisation – Most-favoured-nation treatment and Cross-border trade
 in services – Most-favoured-nation treatment and Regulatory Framework for Legal Services –
 Obligations:
 678
 ---pagebreak--- The EU: According differential treatment to a third country 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.
 The EU: According differential treatment to a third country pursuant to any existing or future
 bilateral or multilateral agreement which:
 (i) creates an internal market in services and investment;
 (ii) grants the right of establishment; or
 (iii) requires the approximation of legislation in one or more economic sectors.
 An internal market in services and investment 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 bilateral or multilateral agreement by the entry into force of that
 agreement. The right of establishment shall include the right of nationals of the parties to the
 bilateral or multilateral agreement to set up and operate enterprises under the same conditions
 provided for nationals under the law of the Party where such establishment takes place.
 The approximation of legislation means:
 (i) the alignment of the legislation of one or more of the parties to the bilateral or multilateral
 agreement with the legislation of the other Party or parties to that agreement; or
 (ii) the incorporation of common legislation into the law of the parties to the bilateral or
 multilateral agreement.
 Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at
 such time that it has been enacted in the law of the Party or parties to the bilateral or multilateral
 agreement.
 Existing measures:
 EU: Agreement on the European Economic Area;
 Stabilisation Agreements;
 EU-Swiss Confederation bilateral agreements; and
 Deep and Comprehensive Free Trade Agreements.
 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, PT and any of the following countries or principalities: Andorra,
 Monaco, San Marino and the Vatican City State.
 In DK, FI, SE: Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic
 cooperation, such as:
 (a) financial support to research and development (R&D) projects (the Nordic Industrial Fund);
 679
 ---pagebreak--- (b) funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and
 (c) financial assistance to companies utilizing environmental technology (the Nordic Environment
 Finance Corporation). The purpose of the Nordic Environment Finance Corporation (NEFCO) is to
 promote investments of Nordic environmental interest, with a focus on Eastern Europe.
 This reservation is without prejudice to the exclusion of procurement by a Party or subsidies
 paragraphs 6 and 7 of Article SERVIN.1.1 [Objective and scope].
 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 Poland, 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, Equatorial Guinea, Mozambique, São Tomé & Principe, and East
 Timor).
 (e) Arms, munition and war material
 With respect to Investment liberalisation – Market access, National treatment, Most-favoured
 nation treatment, Senior management and boards of directors, Performance requirements and
 Cross-border trade in services – Market access, National treatment, Most-favoured-nation
 treatment, Local presence:
 In 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.
 680
 ---pagebreak--- Reservation No. 2 - Professional services - other than health related services
 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 87902, 862, 863, 8671, 8672, 8673, 8674, part
 of 879
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Senior management and board of directors
 Chapter: Investment Liberalisation 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
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access, National treatment:
 The EU, with the exception of SE: The supply of legal advisory and legal authorisation,
 documentation, and certification services provided by legal professionals entrusted with public
 functions, such as notaries, "huissiers de justice" or other "officiers publics et ministériels", and with
 respect to services provided by bailiffs who are appointed by an official act of government (part of
 CPC 861, part of 87902).
 With respect to Investment liberalisation – 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
 international agreements (part of CPC 861), including specific provisions regarding representation
 before courts.
 (b) Accounting and bookkeeping services (CPC 8621 other than auditing services, 86213,
 86219, 86220)
 With respect to Cross-border trade in services – Market access:
 In HU: Cross-border activities for accounting and bookkeeping.
 681
 ---pagebreak--- Existing measures:
 HU: Act C of 2000; and Act LXXV of 2007.
 (c) 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 the United Kingdom 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 liberalisation – Market access, National treatment, Senior management
 and boards of directors:
 In CZ: Only a legal person in which at least 60 per cent of capital interests or voting rights are
 reserved to nationals of the Czech Republic or of the Member States of the European Union is
 authorised to carry out audits in the Czech Republic.
 Existing Measures:
 CZ: Law of 14 April 2009 no. 93/2009 Coll., on Auditors.
 With respect to Cross-border trade in services – Market access:
 In HU: Cross-border supply of auditing services.
 Existing Measures:
 Act C of 2000; and Act LXXV of 2007.
 In PT: Cross-border supply of auditing services.
 (d) Architecture and urban planning services (CPC 8674)
 With respect to Cross-border trade in services – Market access, National treatment:
 In HR: The cross-border supply of urban planning.
 682
 ---pagebreak--- Reservation No. 3 - Professional services – health related and retail of pharmaceuticals
 Sector: 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
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation 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, CPC 932)
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access and National treatment:
 In FI: The supply of all health-related professional services, whether publicly or privately funded,
 including medical and dental services, services provided by midwives, physiotherapists and
 paramedical personnel and services provided by psychologists, excluding services provided by nurses
 (CPC 9312, 93191).
 Existing measures:
 FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990).
 In BG: The supply of all health-related professional services, whether publicly or privately funded,
 including medical and dental services, services provided by nurses, midwives, physiotherapists and
 paramedical personnel and services provided by psychologists (CPC 9312, part of 9319).
 Existing Measures:
 BG: Law for Medical Establishment, Professional Organisation of Medical Nurses, Midwives and
 Associated Medical Specialists Guild Act.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access and National treatment:
 In CZ, MT: The supply of all health-related professional services, whether publicly or privately
 funded, including the services provided by professionals such as medical doctors, dentists, midwives,
 683
 ---pagebreak--- 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 on Human Tissues and Cells");
 Act No 378/2007 Coll., on Pharmaceuticals and on Amendments to Some Related Acts (Act on
 Pharmaceuticals);
 Act No. 268/2014 Coll. on medical devices and amending Act No 634/2004 Coll. on administrative
 fees, as subsequently amended;
 Act No. 285/2002 Coll., on the Donating, Taking and Transplanting of Tissues and Organs and on
 Amendment to Certain Acts (Transplantation Act).
 Act No. 372/2011 Coll., on health services and on conditions of their provision
 Act No. 373/2011 Coll., on specific health services).
 With respect to Cross-border trade in services – Market access, National treatment, Local presence:
 The EU, with the exception of NL and SE: The supply of all health-related professional services,
 whether publicly or privately funded, including the services provided by professionals such as
 medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists,
 requires residency. These services may only be provided by natural persons physically present in the
 territory of the European Union (CPC 9312, part of 93191).
 In BE: The cross-border supply whether publicly or privately funded of all health-related professional
 services, including medical, dental and midwives services and services provided by nurses,
 physiotherapists, psychologists and paramedical personnel. (part of CPC 85201, 9312, part of 93191)
 In PT: (Also with respect to Most-favoured nation treatment) Concerning the professions of
 physiotherapists, paramedical personnel and podiatrists, foreign professionals may be allowed to
 practice based on reciprocity.
 (b) Veterinary services (CPC 932)
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services –National treatment, Local presence:
 In BG: A veterinary medical establishment may be established by a natural or a legal person.
 The practice of veterinary medicine is only allowed for nationals of the EEA and for permanent
 residents (physical presence is required for permanent residents).
 With respect to Cross-border trade in services – Market access, National treatment:
 In BE, LV: Cross-border supply of veterinary services.
 684
 ---pagebreak--- (c) Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by
 pharmacists (CPC 63211)
 With respect to Investment liberalisation – Market access and Cross-border trade in services – Local
 presence:
 The EU, with the exception of EL, IE, LU, LT and NL: For restricting the number of suppliers entitled
 to provide a particular service in a specific local zone or area on a non-discriminatory basis. An
 economic needs test may therefore be applied, taking into account such factors as the number of
 and impact on existing establishments, transport infrastructure, population density or geographic
 spread.
 The EU, with the exception of BE, BG, EE, ES, IE and IT: Mail order is only possible from Member
 States of the EEA, thus establishment in any of those countries is required for the retail of
 pharmaceuticals and specific medical goods to the general public in the Union. In CZ: Retail sales are
 only possible from Member States.
 In BE: The retail sales of pharmaceuticals and specific medical goods are only possible from a
 pharmacy established in Belgium.
 In BG, EE, ES, IT and LT: Cross-border retail sales of pharmaceuticals.
 In IE and LT: Cross-border retail of pharmaceuticals requiring a prescription.
 In PL: Intermediaries in the trade of medicinal products must be registered and have a place of
 residence or registered office in the territory of the Republic of Poland.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements and Cross-border trade in services – Market
 access, National treatment:
 In FI: Retail sales of pharmaceutical products and of medical and orthopaedic goods.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access, National treatment:
 In SE: Retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the general
 public.
 Existing measures:
 AT: Arzneimittelgesetz (Medication Act), BGBl. Nr. 185/1983 as amended, §§ 57, 59, 59a; and
 Medizinproduktegesetz (Medical Products Law), BGBl. Nr. 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.
 CZ : Act No. 378/2007 Coll., on Pharmaceuticals, as amended; and Act No. 372/2011 Coll., on Health
 services, as amended.
 FI: Lääkelaki (Medicine Act) (395/1987).
 685
 ---pagebreak--- PL: Pharmaceutical Law, art. 73a (Journal of Laws of 2020, item 944, 1493).
 SE: Law on trade with pharmaceuticals (2009:336);
 Regulation on trade with pharmaceuticals (2009:659); and
 The Swedish Medical Products Agency has adopted further regulations, the details can be found at
 (LVFS 2009:9).
 686
 ---pagebreak--- Reservation No. 4 - Business Services - Research and development services
 Sector: Research and development services
 Industry classification: CPC 851, 852, 853
 Type of reservation: Market access
 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.
 687
 ---pagebreak--- Reservation No. 5 - Business Services - Real estate services
 Sector: Real estate services
 Industry classification: CPC 821, 822
 Type of reservation: Market access
 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.
 688
 ---pagebreak--- Reservation No. 6 - Business services - Rental or leasing services
 Sector: Rental or leasing services without operators
 Industry classification: CPC 832
 Type of reservation: Market access
 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.
 689
 ---pagebreak--- Reservation No. 7 - Business Services - Collection agency services and Credit reporting services
 Sector: Collection agency services, credit reporting services
 Industry classification: CPC 87901, 87902
 Type of reservation: Market access
 National treatment
 Local presence
 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, with regard to the supply of collection agency services
 and credit reporting services.
 690
 ---pagebreak--- Reservation No. 8 - Business Services - Placement services
 Sector – sub-sector: Business Services – placement services
 Industry classification: CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Local presence
 Chapter: Investment Liberalisation 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 liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access, National treatment,
 Local presence:
 In the EU, with the exception of HU and SE: Supply services of domestic help personnel, other
 commercial or industrial workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).
 In BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK: Executive search services (87201).
 In AT, BG, CY, CZ, EE, FI, LT, LV MT, PL, PT, RO, SI and SK: The establishment of placement services of
 office support personnel and other workers (CPC 87202).
 In AT, BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK: Supply services of office support
 personnel (CPC 87203).
 With respect to Cross-border trade in services – Market access, National treatment, Local presence:
 In the EU with the exception of BE, HU and SE: The cross-border supply of placement services of
 office support personnel and other workers (CPC 87202).
 In IE: The cross-border supply of executive search services (87201).
 In FR, IE, IT and NL: The cross-border supply of services of office personnel (CPC 87203).
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 Market access
 In DE: To restrict the number of suppliers of placement services.
 In ES: To restrict the number of suppliers of executive search services and placement services (CPC
 87201, 87202).
 In FR: These services can be subject to a state monopoly CPC 87202).
 691
 ---pagebreak--- In IT: To restrict the number of suppliers of supply services of office personnel (87203).
 With respect to Investment liberalisation –Market access, National treatment:
 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 87201, 87202, 87203, 87204, 87205, 87206, 87209).
 Existing measures:
 AT: §§97 and 135 of the Austrian Trade Act (Gewerbeordnung), Federal Law Gazette Nr. 194/1994 as
 amended; and
 Temporary Employment Act (Arbeitskräfteüberlassungsgesetz/AÜG), Federal Law Gazette Nr.
 196/1988 as amended.
 BG: Employment Promotion Act, articles 26, 27, 27a and 28.
 CY: Private Employment Agency Law N. 126(I)/2012 as amended.
 CZ: Act on Employment (435/2004).
 DE: Gesetz zur Regelung der Arbeitnehmerüberlassung (AÜG);
 Sozialgesetzbuch Drittes Buch (SGB III; Social Code, Book Three) - Employment Promotion;
 Verordnung über die Beschäftigung von Ausländerinnen und Ausländern (BeschV; Ordinance on the
 Employment of Foreigners).
 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 Α) as amended to some of its provision by the
 law Ν.4093/2012 (Official Government Gazette 222 Α).
 ES: Real Decreto-ley 8/2014, de 4 de julio, de aprobación de medidas urgentes para el crecimiento,
 la competitividad y la eficiencia, artículo 117 (tramitado como Ley 18/2014, de 15 de octubre).
 FI: Laki julkisesta työvoima-ja yrityspalvelusta (Act on Public Employment and Enterprise Service)
 (916/2012).
 HR: Labour Market Act (OG 118/18, 32/20)
 Labour Act (OG 93/14, 127/17, 98/19)
 Aliens Act (OG 130/11m 74/13, 67/17, 46/18, 53/20)
 IE: Employment Permits Act 2006. S1(2) and (3).
 IT: Legislative Decree 276/2003 articles 4, 5.
 692
 ---pagebreak--- LT: Lithuanian Labour Code of the Republic of Lithuania approved by Law No XII-2603 of 14
 September 2016 of the Republic of Lithuania,
 The Law on the Legal Status of Aliens of the Republic of Lithuania of 29 April 2004 No. IX-2206 as last
 amended 03-12-2019 No. XIII-2582
 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) (Articles 23 to 25); and 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, and
 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; and
 Law no.53/2003 - Labour Code, republished, with subsequent amendments and supplement and the
 Government Decision no 1256/2011 on the operating conditions and authorization procedure for
 temporary work agency.
 SI: Labour market regulation act (Official Gazette of RS, No. 80/2010, 21/2013, 63/2013, 55/2017);
 and 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 Act No 455/1991on Trade Licensing.
 693
 ---pagebreak--- Reservation No. 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
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation 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 liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements and Cross-border trade in services – Market
 access, National treatment:
 In BG, CY, CZ, EE, ES, 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.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services –National treatment, Local presence:
 In BE: Nationality of a Member State is required for boards of directors of enterprises legal persons
 supplying guard and security services (87305) as well as consultancy and training relating to security
 services (87302). The senior management of companies providing guard and security consultancy
 services required to be resident nationals of a Member State.
 In FI: Licences to supply security services may be granted only to natural persons resident in the EEA
 or legal persons established in the EEA.
 In ES: The cross border supply of security services. Nationality requirements exist for private security
 personnel.
 With respect to Cross-border trade in services – Market access, National treatment:
 In BE, FI, FR and PT: The supply of security services by a foreign provider on a cross-border basis is
 not allowed. Nationality requirements exist for specialised personnel in PT and for managing
 directors and directors in FR.
 694
 ---pagebreak--- 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.
 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 alterada p/ Lei 46/2019, 16 maio; and Ordinance 273/2013 alterada p/ Portaria
 106/2015, 13 abril.
 SI: Zakon o zasebnem varovanju (Law on private security).
 (b) Investigation services (CPC 87301)
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements and Cross-border trade in services – Market
 access, National treatment, Local presence:
 The EU, with the exception of AT and SE: The supply of investigation services.
 With respect to Investment liberalisation - Market access and Cross-border trade in services –
 Market access:
 In LT and PT: Investigation services are a monopoly reserved to the State.
 695
 ---pagebreak--- Reservation No. 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
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation 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 to Cross-border trade in services – Market access, National treatment:
 In HR: Cross-border supply of translation and interpretation of official documents.
 (b) Duplicating services (CPC 87904)
 With respect to Cross-border trade in services – Market access, National treatment, Local presence:
 In HU: Cross-border supply of duplicating services.
 (c) 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 liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access, National treatment,
 Local presence:
 In HU: Services incidental to energy distribution, and cross-border supply of services incidental to
 manufacturing, with the exception of advisory and consulting services relating to these sectors.
 (d) Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof
 (part of CPC 86764, CPC 86769, CPC 8868)
 With respect to Cross-border trade in services – Market access, National treatment, Local presence:
 In EU, with the exception of DE, EE and HU: The cross-border supply of maintenance and repair
 services of rail transport equipment.
 696
 ---pagebreak--- In EU, with the exception of CZ, EE, HU, LU and SK: Cross-border supply of maintenance and repair
 services of inland waterway transport vessels.
 In EU, with the exception of EE, HU and LV: The cross-border supply of maintenance and repair
 services of maritime vessels.
 In EU, with the exception of AT, EE, HU, LV, and PL: The cross-border supply of maintenance and
 repair services of aircraft and parts thereof (part of CPC 86764, CPC 86769, CPC 8868).
 In EU: The cross-border supply of services of statutory surveys and certification of ships.
 Existing measures:
 EU: Regulation (EC) 391/2009 of the European Parliament and the Council of 23 April 2009 on
 common rules and standards for ship inspection and survey organisations.
 (e) 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:
 (a) the selling and marketing of air transport services;
 (b) computer reservation system (CRS) services;
 (c) maintenance and repair of aircrafts and parts,
 (d) rental or leasing of aircraft without crew
 With respect to Investment liberalisation - Market access, National treatment, Performance
 requirements, Senior management and boards of director, and Cross-border trade in services –
 Market access, National treatment, Local presence:
 In DE, FR: Aerial fire-fighting, flight training, spraying, surveying, mapping, photography, and other
 airborne agricultural, industrial and inspection services.
 In FI, SE: Aerial fire-fighting
 697
 ---pagebreak--- Reservation No. 11 – Telecommunication
 Sector: Satellite broadcast transmission services
 Industry classification: Part of CPC 861, part of 87902, 862, 863, 8671, 8672, 8673, 8674, part
 of 879
 Type of reservation: Market access
 National treatment
 Chapter: Investment Liberalisation 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.
 698
 ---pagebreak--- Reservation No. 12 – Construction
 Sector: Construction services
 Industry classification: CPC 51
 Type of reservation: Market access
 National treatment
 Chapter: Investment Liberalisation 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 Lithuania or a foreign design enterprise which has
 been approved by an institution authorised by the Government 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 Lithuania.
 699
 ---pagebreak--- Reservation No. 13 - Distribution services
 Sector: Distribution services
 Industry classification: CPC 62117, 62251, 8929, part of 62112, 62226, part of 631
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Chapter: Investment Liberalisation 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
 With respect to Cross-border trade in services – Market access, National treatment:
 In BG: Cross-border wholesale distribution of pharmaceuticals (CPC 62251).
 With respect to Investment liberalisation - Market access, National treatment, Performance
 requirements, Senior management and boards of director, and Cross-border trade in services –
 Market access, National treatment:
 In FI: Distribution of pharmaceutical products (CPC 62117, 62251, 8929).
 Existing measures:
 BG: Law on Medicinal Products in Human Medicine; Law on Medical Devices.
 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).
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 Market access:
 In SE: Imposing a monopoly on retail sales of liquor, wine and beer (except non-alcoholic beer).
 Currently Systembolaget AB has such governmental monopoly on retail sales of liquor, wine and
 beer (except non-alcoholic beer). Alcoholic beverages are beverages with an alcohol content over
 2.25 per cent per volume. For beer, the limit is an alcohol content over 3.5 per cent per volume (part
 of CPC 631).
 700
 ---pagebreak--- Existing measures:
 SE: The Alcohol Act (2010:1622).
 (c) Other distribution (part of CPC 621, CPC 62228, CPC 62251, CPC 62271, part of CPC 62272,
 CPC 62276, CPC 63108, part of CPC 6329)
 With respect to Cross-border trade in services – Market access, 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 provided
 by commodity brokers.
 Existing measures:
 In BG: Law on Medicinal Products in Human Medicine;
 Law on Medical Devices;
 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. Law on excise duties and tax warehouses and Law on wine
 and spirits.
 701
 ---pagebreak--- Reservation No. 14 - Education services
 Sector: Education services
 Industry classification: CPC 92
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation 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 liberalisation - Market access, National treatment, Performance
 requirements, Senior management and boards of director, and Cross-border trade in services –
 Market access, National treatment, Local presence:
 The EU: Educational services which receive public funding or State support in any form. Where the
 supply of privately funded education services by a foreign provider is permitted, participation of
 private operators 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: With respect to the supply of privately funded other
 education services, which means other than those classified as being primary, secondary, higher and
 adult education services (CPC 929).
 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 CZ and SK: The majority of the members of the board of directors of an establishment providing
 privately funded education services must 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 must establish a registered office or a branch. The majority of the
 members of the board of directors of an establishment providing privately funded secondary or
 higher education services must be Slovenian nationals (CPC 922, 923).
 In SE: Educational services suppliers that are approved by public authorities to provide education.
 This reservation applies to privately funded educational services suppliers with some form of State
 support, inter alia educational service suppliers recognised by the State, educational services
 suppliers under State supervision or education which entitles to study support (CPC 92).
 702
 ---pagebreak--- In SK: 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).
 With respect to Cross-border trade in services – Market access, National treatment, Local presence:
 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: Public Education Act, article 12;
 Law for the Higher Education, paragraph 4 of the additional provisions; and Vocational Education
 and Training Act, article 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);
 Ammattikorkeakoululaki (Polytechnics Act) (351/2003); and 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.
 703
 ---pagebreak--- Reservation No. 15 - Environmental services
 Sector – sub-sector: Environmental services – waste and soil management
 Industry classification: CPC 9401, 9402, 9403, 94060
 Type of reservation: Market access
 Chapter: Cross-Border Trade in Services
 Description:
 The EU reserves the right to adopt or maintain any measure with respect to the following:
 In DE: The supply of waste management services other than advisory services, and with respect to
 services relating to the protection of soil and the management of contaminated soils, other than
 advisory services.
 704
 ---pagebreak--- Reservation No. 16 - Financial services
 Sector: Financial services
 Industry classification: Not applicable
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Senior management and board of directors
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The EU reserves the right to adopt or maintain any measure with respect to the following:
 (a) All Financial Services
 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 an investor or a financial services supplier of a third
 country pursuant to any bilateral or multilateral international investment treaty or other trade
 agreement.
 With respect to Investment liberalisation – Market access
 The EU: the right to require a financial service supplier, other than a branch, when establishing in a
 Member State to adopt a specific legal form, on a non-discriminatory basis.
 With respect to Cross-border trade in services – Market access, National treatment, Local presence
 The EU: the right to adopt or maintain any measure with respect to the cross-border supply of all
 financial services other than:
 In EU (except for BE, CY, EE, LT, LV, MT, PL, RO, SI):
 (i) direct insurance services (including co-insurance) and direct insurance intermediation for the
 insurance of risks relating to:
 a. maritime transport and commercial aviation and space launching and freight
 (including satellites), with such insurance to cover any or all of the following: the
 goods being transported, the vehicle transporting the goods, and any liability
 deriving therefrom; and
 b. goods in international transit;
 (ii) reinsurance and retrocession;
 705
 ---pagebreak--- (iii) services auxiliary to insurance;
 (iv) the provision and transfer of financial information, and financial data processing and related
 software by suppliers of other financial services; and
 (v) advisory and other auxiliary financial services relating to banking and other financial services
 as described in point (a)(ii)(L) of the definition of banking and other financial services
 (excluding insurance) in Article SERVIN.5.38 [Definitions], but not intermediation as
 described in that point.
 In BE:
 (i) direct insurance services (including co-insurance) and direct insurance intermediation for the
 insurance of risks relating to:
 a. maritime transport and commercial aviation and space launching and freight
 (including satellites), with such insurance to cover any or all of the following: the
 goods being transported, the vehicle transporting the goods, and any liability
 deriving therefrom; and
 b. goods in international transit;
 (ii) reinsurance and retrocession;
 (iii) services auxiliary to insurance;
 (iv) for the supply of banking and other financial services as described in point (a)(ii)(L) of the
 definition of banking and other financial services (excluding insurance) in Article SERVIN.5.38
 [Definitions] except for the provision and transfer of financial information, and financial data
 processing and related software by suppliers of other financial services;
 In CY:
 (i) direct insurance services (including co-insurance) for the insurance of risks relating to:
 a. maritime transport and commercial aviation and space launching and freight
 (including satellites), with such insurance to cover any or all of the following: the
 goods being transported, the vehicle transporting the goods, and any liability
 deriving therefrom; and
 b. goods in international transit;
 (ii) Insurance intermediation;
 (iii) Reinsurance and retrocession;
 (iv) Services auxiliary to insurance;
 (v) the trading for own account or for the account of customers, whether on an exchange or an
 over-the-counter market or otherwise of transferrable securities;
 (vi) the provision and transfer of financial information, and financial data processing and related
 software by suppliers of other financial services; and
 706
 ---pagebreak--- (vii) advisory and other auxiliary financial services, relating to banking and other financial
 services as described in point (a)(ii)(L) of the definition of banking and other financial
 services (excluding insurance) in Article SERVIN.5.38 [Definitions], but not intermediation as
 described in that point.
 In EE:
 (i) Direct insurance (including co-insurance);
 (ii) Reinsurance and retrocession;
 (iii) Insurance intermediation;
 (iv) Services auxiliary to insurance
 (v) Acceptance of deposits;
 (vi) Lending of all types;
 (vii) Financial leasing;
 (viii) All payment and money transmission services; guarantees and commitments;
 (ix) Trading for own account or for account of customers, whether on an exchange, in an over-
 the-counter market;
 (x) Participation in issues of all kinds of securities, including underwriting and placement as
 agent (whether publicly or privately) and provision of services related to such issues;
 (xi) Money broking;
 (xii) Asset management, such as cash or portfolio management, all forms of collective
 investment management, custodial, depository and trust services;
 (xiii) Settlement and clearing services for financial assets, including securities, derivative
 products, and other negotiable instruments;
 (xiv) Provision and transfer of financial information, and financial data processing and
 related software; and
 (xv) Advisory and other auxiliary financial services relating to banking and other financial
 services as described in point (a)(ii)(L) of the definition of banking and other financial
 services (excluding insurance) in Article SERVIN.5.38 [Definitions], but not intermediation as
 described in that point.
 In LT:
 (i) direct insurance services (including co-insurance) for the insurance of risks relating to:
 a. maritime transport and commercial aviation and space launching and freight
 (including satellites), with such insurance to cover any or all of the following: the
 goods being transported, the vehicle transporting the goods, and any liability
 deriving therefrom; and
 707
 ---pagebreak--- b. goods in international transit;
 (ii) reinsurance and retrocession;
 (iii) services auxiliary to insurance;
 (iv) acceptance of deposits;
 (v) lending of all types;
 (vi) financial leasing;
 (vii) all payment and money transmission services; guarantees and commitments;
 (viii) trading for own account or for account of customers, whether on an exchange, in an
 over-the-counter market;
 (ix) participation in issues of all kinds of securities, including underwriting and placement as
 agent (whether publicly or privately) and provision of services related to such issues;
 (x) money broking;
 (xi) asset management, such as cash or portfolio management, all forms of collective investment
 management, custodial, depository and trust services;
 (xii) settlement and clearing services for financial assets, including securities, derivative
 products, and other negotiable instruments;
 (xiii) provision and transfer of financial information, and financial data processing and
 related software; and
 (xiv) advisory and other auxiliary financial services relating to banking and other financial
 services as described in point (a)(ii)(L) of the definition of banking and other financial
 services (excluding insurance) in Article SERVIN.5.38 [Definitions], but not intermediation as
 described in that point.
 In LV:
 (i) direct insurance services (including co-insurance) for the insurance of risks relating to:
 a. maritime transport and commercial aviation and space launching and freight
 (including satellites), with such insurance to cover any or all of the following: the
 goods being transported, the vehicle transporting the goods, and any liability
 deriving therefrom; and
 b. goods in international transit;
 (ii) reinsurance and retrocession; and
 (iii) services auxiliary to insurance
 (iv) participation in issues of all kinds of securities, including underwriting and placement as
 agent (whether publicly or privately) and provision of services related to such issues;
 708
 ---pagebreak--- (v) the provision and transfer of financial information, and financial data processing and related
 software by suppliers of other financial services; and
 (vi) advisory and other auxiliary financial services relating to banking and other financial services
 as described in point (a)(ii)(L) of the definition of banking and other financial services
 (excluding insurance) in Article SERVIN.5.38 [Definitions], but not intermediation as
 described in that point.
 In MT:
 (i) direct insurance services (including co-insurance) for the insurance of risks relating to:
 a. maritime transport and commercial aviation and space launching and freight
 (including satellites), with such insurance to cover any or all of the following: the
 goods being transported, the vehicle transporting the goods, and any liability
 deriving therefrom; and
 b. goods in international transit;
 (ii) reinsurance and retrocession;
 (iii) services auxiliary to insurance;
 (iv) the acceptance of deposits;
 (v) lending of all types;
 (vi) the provision and transfer of financial information, and financial data processing and related
 software by suppliers of other financial services; and
 (vii) advisory and other auxiliary financial services relating to banking and other financial services
 as described in point (a)(ii)(L) of the definition of banking and other financial services
 (excluding insurance) in Article SERVIN.5.38 [Definitions], but not intermediation as
 described in that point.
 In PL:
 (i) direct insurance services (including co-insurance) for the insurance of risks relating to goods
 in international trade;
 (ii) reinsurance and retrocession of risks relating to goods in international trade;
 (iii) direct insurance services (including co-insurance and retrocession) and direct insurance
 intermediation for the insurance of risks relating to:
 a. maritime transport and commercial aviation and space launching and freight
 (including satellites), with such insurance to cover any or all of the following: the
 goods being transported, the vehicle transporting the goods, and any liability
 deriving therefrom; and
 b. goods in international transit;
 709
 ---pagebreak--- (iv) the provision and transfer of financial information, and financial data processing and related
 software by suppliers of other financial services; and
 (v) advisory and other auxiliary financial services relating to banking and other financial
 services as described in point (a)(ii)(L) of the definition of banking and other financial
 services (excluding insurance) in Article SERVIN.5.38 [Definitions], but not intermediation as
 described in that point.
 In RO:
 (i) direct insurance services (including co-insurance) and direct insurance intermediation for the
 insurance of risks relating to:
 a. maritime transport and commercial aviation and space launching and freight
 (including satellites), with such insurance to cover any or all of the following: the
 goods being transported, the vehicle transporting the goods, and any liability
 deriving therefrom; and
 b. goods in international transit;
 (ii) reinsurance and retrocession; and
 (iii) services auxiliary to insurance
 (iv) acceptance of deposits;
 (v) lending of all types;
 (vi) guarantees and commitments;
 (vii) money broking;
 (viii) the provision and transfer of financial information, and financial data processing and
 related software; and
 (ix) advisory and other auxiliary financial services relating to banking and other financial services
 as described in point (a)(ii)(L) of the definition of banking and other financial services
 (excluding insurance) in Article SERVIN.5.38 [Definitions], but not intermediation as
 described in that point.
 In SI:
 (i) direct insurance services (including co-insurance) and direct insurance intermediation for the
 insurance of risks relating to:
 (ii) maritime transport and commercial aviation and space launching and freight (including
 satellites), with such insurance to cover any or all of the following: the goods being
 transported, the vehicle transporting the goods, and any liability deriving therefrom; and
 (iii) goods in international transit;
 (iv) reinsurance and retrocession;
 710
 ---pagebreak--- (v) services auxiliary to insurance;
 (vi) lending of all types;
 (vii) the acceptance of guarantees and commitments from foreign credit institutions by domestic
 legal entities and sole proprietors;
 (viii) the provision and transfer of financial information, and financial data processing and
 related software by suppliers of other financial services; and
 (ix) advisory and other auxiliary financial services relating to banking and other financial services
 as described in point(a)(ii)(L) of the definition of banking and other financial services
 (excluding insurance) in Article SERVIN.5.38 [Definitions], but not intermediation as
 described in that point.
 (b) Insurance and insurance-related services
 With respect to Cross-border trade in services – Market access, National treatment:
 In BG: Transport insurance, covering goods, insurance of vehicles as such and liability insurance
 regarding risks located in the Bulgaria may not be underwritten by foreign insurance companies
 directly.
 In DE: If a foreign insurance company has established a branch in Germany, it may conclude
 insurance contracts in Germany relating to international transport only through the branch
 established in Germany.
 Existing measures:
 DE: Luftverkehrsgesetz (LuftVG); and
 Luftverkehrszulassungsordnung (LuftVZO).
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In ES: Residence is required, or alternatively to have two years of experience, for the actuarial
 profession.
 With respect to Cross-border trade in services – Local presence:
 In FI: The supply of insurance broker services is subject to a permanent place of business in the EU.
 Only insurers having their head office in the European Union or having their branch in Finland may
 offer direct insurance services, including co-insurance.
 Existing measures:
 FI: Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995);
 Vakuutusyhtiölaki (Insurance Companies Act) (521/2008);
 Laki vakuutusten tarjoamisesta (Act on Insurance Distribution) (234/2018).
 711
 ---pagebreak--- In FR: Insurance of risks relating to ground transport may be underwritten only by insurance firms
 established in the European Union.
 Existing measures:
 FR: Code des assurances.
 In HU: Only legal persons of the EU and branches registered in Hungary may supply direct insurance
 services.
 Existing measures:
 HU: Act LX of 2003.
 In IT: Transport insurance of goods, insurance of vehicles and liability insurance regarding risks
 located in Italy may be underwritten only by insurance companies established in the European
 Union, except for international transport involving imports into Italy.
 Cross-border supply of actuarial services.
 Existing measures:
 IT: Article 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005), Law
 194/1942 on the actuarial profession.
 In PT: Air and maritime transport insurance, covering goods, aircraft, hull and liability can be
 underwritten only by enterprises legal persons of the European Union. Only natural persons of, or
 enterprises established in, the European Union may act as intermediaries for such insurance
 business in Portugal.
 Existing measure:
 PT: Article 3 of Law 147/2015, Article 8 of Law 7/2019.
 With respect to Investment liberalisation – Market access, National treatment
 In SK: Foreign nationals may establish an insurance company in the form of a joint stock company or
 may conduct insurance business through their branches having a registered office in the Slovak
 Republic. The authorisation in both cases is subject to the evaluation of the supervisory authority.
 Existing measures:
 SK: Act 39/2015 on Insurance.
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access
 In FI: At least one half of the members of the board of directors and the supervisory board, and the
 managing director of an insurance company providing statutory pension insurance shall have their
 place of residence in the EEA, unless the competent authorities have granted an exemption. Foreign
 insurers cannot obtain a licence in Finland as a branch to carry out statutory pension insurance. At
 least one auditor shall have his permanent residence in the EEA.
 712
 ---pagebreak--- For other insurance companies, residency in the EEA is required for at least one member of the
 board of directors, the supervisory board and the managing director. At least one auditor shall have
 his permanent residence in the EEA. The general agent of an insurance company of the United
 Kingdom must have his place of residence in Finland, unless the company has its head office in the
 European Union.
 Existing measures:
 FI: Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995);
 Vakuutusyhtiölaki (Insurance Companies Act) (521/2008);
 Laki vakuutusedustuksesta (Act on Insurance Mediation) (570/2005);
 Laki vakuutusten tarjoamisesta (Act on Insurance Distribution) (234/2018) and
 Laki työeläkevakuutusyhtiöistä (Act on Companies providing statutory pension insurance)
 (354/1997).
 (c) Banking and other Financial Services
 With respect to Investment liberalisation – Market access and Cross-border trade in services – Local
 presence:
 The EU: Only legal persons having their registered office in the European Union can act as
 depositories of the assets of investment funds. The establishment of a specialised management
 company, having its head office and registered office in the same Member State, is required to
 perform the activities of management of common funds, including unit trusts, and where allowed
 under national law, investment companies.
 Existing measures:
 EU: Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the
 coordination of laws, regulations and administrative provisions relating to undertakings for collective
 investment in transferable securities (UCITS); and
 Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative
 Investment Fund Managers (AIFM),.
 In EE: For acceptance of deposits, requirement of authorisation by the Estonian Financial Supervision
 Authority and registration under Estonian law as a joint-stock company, a subsidiary or a branch.
 Existing measures:
 EE: Krediidiasutuste seadus (Credit Institutions Act) § 206 and §21.
 In SK: Investment services can only be provided by management companies which have the legal
 form of a joint-stock company with equity capital according to the law.
 Existing measures:
 SK: Act 566/2001 on Securities and Investment Services; and Act 483/2001 on Banks.
 713
 ---pagebreak--- With respect to Investment liberalisation –National treatment, Senior Management and Boards of
 Directors
 In FI: At least one of the founders, the members of the board of directors, the supervisory board, the
 managing director of banking services providers and the person entitled to sign the name of the
 credit institution shall have their permanent residence in the EEA. At least one auditor shall have his
 permanent residence in the EEA.
 Existing measures:
 FI: Laki liikepankeista ja muista osakeyhtiömuotoisista luottolaitoksista (Act on Commercial
 Banks and Other Credit Institutions in the Form of a Limited Company) (1501/2001);
 Säästöpankkilaki (1502/2001) (Savings Bank Act);
 Laki osuuspankeista ja muista osuuskuntamuotoisista luottolaitoksista (1504/2001) (Act on
 Cooperative Banks and Other Credit Institutions in the Form of a Cooperative Bank);
 Laki hypoteekkiyhdistyksistä (936/1978) (Act on Mortgage Societies);
 Maksulaitoslaki (297/2010) (Act on Payment Institutions);
 Laki ulkomaisen maksulaitoksen toiminnasta Suomessa (298/2010) (Act on the Operation of
 Foreign Payment Institution in Finland); and
 Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007).
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services - Local presence:
 In IT: Services of "consulenti finanziari" (financial consultant). In providing the activity of door-to-
 door selling, intermediaries must utilise authorised financial salesmen resident within the territory
 of a Member State.
 Existing measures:
 IT: Articles 91-111 of Consob Regulation on Intermediaries (no. 16190 of 29 October 2007).
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Local presence:
 In LT: Only banks having their registered office or branch in Lithuania and authorised to provide
 investment services in the EEA may act as the depositories of the assets of pension funds. At least
 one head of a bank's administration must speak the Lithuanian language.
 Existing measures:
 LT: Law on Banks of the Republic of Lithuania of 30 March 2004 No IX-2085, as amended by the Law
 No XIII-729 of 16 November 2017;
 714
 ---pagebreak--- Law on Collective Investment Undertakings of the Republic of Lithuania of 4 July 2003 No IX-1709, as
 amended by the Law No XIII-1872 of 20 December 2018;
 Law on Supplementary Voluntary Pension Accumulation of the Republic of Lithuania of 3 June 1999
 No VIII-1212 (as revised in Law No XII-70 of 20 December 2012);
 Law on Payments of the Republic of Lithuania of 5 June 2003 No. IX-1596, last amendment 17 of
 October 2019 Nr. XIII-2488
 Law on Payment Institutions of the Republic of Lithuania of 10 December 2009 No. XI-549 (new
 version of the Law: No XIII-1093 of 17 April 2018)
 With respect to Cross-border trade in services – Market access:
 In FI: For payment services, residency or domicile in Finland may be required.
 715
 ---pagebreak--- Reservation No. 17 - Health and social services
 Sector: Health and social services
 Industry classification: CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193,
 93199
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation 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 – hospital, ambulance, residential health services (CPC 93, 931, other than
 9312, part of 93191, 9311, 93192, 93193, 93199)
 With respect to Investment liberalisation - Market access, National treatment, Performance
 requirements, Senior management and boards of directors:
 The EU: For the supply of all health services which receive public funding or State support in any
 form.
 The EU: For all privately funded health services, other than privately funded hospital, ambulance,
 and residential health facilities services other than hospital services. The participation of private
 operators in the privately funded health network may be subject to concession on a non-
 discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on
 existing establishments, transport infrastructure, population density, geographic spread, and
 creation of new employment.
 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 BE: the establishment of privately funded ambulance and residential health facilities services
 other than hospital services (CPC 93192, 93193).
 In BG, CY, CZ, FI, MT and SK: The supply of privately-funded hospital, ambulance, and residential
 health services other than hospital services (CPC 9311, 93192, 93193).
 In FI: Supply of other human health services (CPC 93199).
 716
 ---pagebreak--- 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 liberalisation – Market access, National treatment, Most-favoured
 nation treatment, Senior management and boards of directors, Performance requirements:
 In DE: The supply of the Social Security System of Germany, where services may be provided by
 different companies or entities involving competitive elements which are thus not "Services carried
 out exclusively in the exercise of governmental authority". To accord better treatment in the context
 of a bilateral trade agreement with regard to the supply of health and social services (CPC 93).
 With respect to Investment liberalisation – Market access, National treatment:
 In DE: The ownership of privately funded hospitals run by the German Forces.
 To nationalise other key privately funded hospitals (CPC 93110).
 In FR: To the supply of privately funded laboratory analysis and testing services.
 With respect to Cross-border trade in services – Market access, National treatment:
 In FR: The supply of privately funded laboratory analysis and testing services (part of CPC 9311).
 Existing measures:
 FR: Code de la Santé Publique
 (b) Health and social services, including pension insurance
 With respect to Cross-border trade in services – Market access, National treatment, Local presence:
 The EU, with the exception of HU: The cross-border supply of health services, social services and
 activities or services forming part of a public retirement plan or statutory system of social security.
 This reservation does not relate to the supply of all health-related professional services, including
 the services provided by professionals such as medical doctors, dentists, midwives, nurses,
 physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931
 other than 9312, part of 93191).
 In HU: The cross-border supply of all hospital, ambulance, and residential health services other than
 hospital services, which receive public funding (CPC 9311, 93192, 93193).
 (c) Social services, including pension insurance
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements:
 The EU: The supply of all social services which receive public funding or State support in any form
 and activities or services forming part of a public retirement plan or statutory system of social
 security. The participation of private operators in the privately funded social network may be subject
 to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria:
 717
 ---pagebreak--- number of and impact on existing establishments, transport infrastructure, population density,
 geographic spread, and creation of new employment.
 In BE, CY, DE, DK, EL, ES, FR, IE, IT and PT: The supply of privately funded social services other than
 services relating to convalescent and rest houses and old people's homes.
 In CZ, FI, HU, MT, PL, RO, SK, and SI: The supply of privately funded social services.
 In DE: The Social Security System of Germany, where services are provided by different companies
 or entities involving competitive elements and might therefore not fall under the definition of the
 "Services carried out exclusively in the exercise of governmental authority".
 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.
 718
 ---pagebreak--- Reservation No. 18 - Tourism and travel related services
 Sector: Tourist guides services, health and social services
 Industry classification: CPC 7472
 Type of reservation: National treatment
 Most favoured nation treatment
 Chapter: Investment Liberalisation 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 liberalisation –National treatment and Cross-border trade in services –
 National treatment:
 In FR: To require nationality of a Member State for the supply of tourist guide services.
 With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade
 in services – Most-favoured-nation treatment:
 In LT: In so far as the United Kingdom allows nationals of Lithuania to provide tourist guide services,
 Lithuania will allow nationals of the United Kingdom to provide tourist guide services under the
 same conditions.
 719
 ---pagebreak--- Reservation No. 19 - Recreational, cultural and sporting services
 Sector: Recreational, cultural and sporting services
 Industry classification: CPC 962, 963, 9619, 964
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation 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, archives, museums and other cultural services (CPC963)
 With respect to Investment liberalisation - Market access, National treatment, Performance
 requirements, Senior management and boards of director, and Cross-border trade in services –
 Market access, National treatment, Local presence:
 The EU, with the exception of AT and, for investment liberalisation, in LT: The supply of library,
 archive, museum and other cultural services.
 In AT and LT: A licence or concession may be required for establishment.
 (b) Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other than
 96492)
 With respect to Cross-border trade in services – Market access, National treatment:
 The EU, with the exception of AT and SE: The cross-border supply of entertainment services,
 including theatre, live bands, circus and discotheque services.
 With respect to Investment liberalisation - Market access, National treatment, Performance
 requirements, Senior management and boards of director, and Cross-border trade in services –
 Market access, National treatment, Local presence:
 In CY, CZ, FI, MT, PL, RO, SI and SK: With respect to the supply of entertainment services, including
 theatre, live bands, circus and discotheque services.
 In BG: The supply of the following entertainment services: circus, amusement park and similar
 attraction services, ballroom, discotheque and dance instructor services, and other entertainment
 services.
 In EE: The supply of other entertainment services except for cinema theatre services.
 In LT and LV: The supply of all entertainment services other than cinema theatre operation services.
 720
 ---pagebreak--- In CY, CZ, LV, PL, RO and SK: The cross-border supply of sporting and other recreational services.
 (c) News and press agencies (CPC 962)
 With respect to Investment liberalisation – Market access, National treatment:
 In FR: Foreign participation in existing companies publishing publications in the French language may
 not exceed 20 per cent of the capital or of voting rights in the company. The establishment of press
 agencies of the United Kingdom is subject to conditions set out in domestic regulation. The
 establishment of press agencies by foreign investors is subject to reciprocity.
 Existing measures:
 FR: Ordonnance n° 45-2646 du 2 novembre 1945 portant règlementation provisoire des agences de
 presse; and Loi n° 86-897 du 1 août 1986 portant réforme du régime juridique de la presse.
 With respect to Cross-border trade in services – Market access:
 In HU: For supply of news and press agencies services.
 (d) Gambling and betting services (CPC 96492)
 With respect to Investment liberalisation - Market access, National treatment, Performance
 requirements, Senior management and boards of director, and Cross-border trade in services –
 Market access, National treatment, Local presence:
 The EU: The supply of gambling activities, which involve wagering a stake with pecuniary value in
 games of chance, including in particular lotteries, scratch cards, gambling services offered in casinos,
 gambling arcades or licensed premises, betting services, bingo services and gambling services
 operated by and for the benefit of charities or non-profit-making organisations.
 721
 ---pagebreak--- Reservation No. 20 - Transport services and auxiliary transport services
 Sector: Transport services
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation and 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 liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements and Cross-border trade in services – Market
 access, National treatment:
 The EU: The nationality of the crew on a seagoing or non-seagoing vessel.
 With respect to Investment liberalisation – Market access, National treatment, Most-favoured
 nation treatment, Senior management and boards of directors:
 The EU, except LV and MT: Only EU natural or legal persons may register a vessel and operate a fleet
 under the national flag of the state of establishment (applies to all commercial marine activity
 undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing;
 international passenger and freight transportation (CPC 721); and services auxiliary to maritime
 transport).
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 Market access:
 In MT: Exclusive rights exist for the maritime link to mainland Europe through Italy with Malta (CPC
 7213, 7214, part of 742, 745, part of 749).
 With respect to Cross-border trade in services – Market access, National treatment, Local presence:
 In SK: Foreign investors must have their principal office in the Slovak Republic in order to apply for a
 licence enabling them to provide a service (CPC 722).
 (b) Auxiliary services to maritime transport
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access, National treatment,
 Local presence:
 722
 ---pagebreak--- 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 of the European Union, the European
 Union reserves the right to require that only ships registered on the national registers of Member
 States of the European Union may provide pilotage and berthing services (CPC 7452).
 The EU, with the exception of LT and LV: Only vessels carrying the flag of a Member State of the
 European Union may provide pushing and towing services (CPC 7214).
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 National treatment, Local presence:
 In LT: Only juridical persons of Lithuania or juridical persons of a Member State of the
 European Union with branches in Lithuania that have a Certificate issued by the Lithuanian Maritime
 Safety Administration may provide pilotage and berthing, pushing and towing services (CPC 7214,
 7452).
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 Market access, National treatment, Local presence:
 In BE: Cargo handling services can only be operated by accredited workers, eligible to work in port
 areas designated by royal decree (CPC 741).
 Existing measures:
 BE: Loi du 8 juin 1972 organisant le travail portuaire;
 Arrêté royal du 12 janvier 1973 instituant une Commission paritaire des ports et fixant sa
 dénomination et sa compétence;
 Arrêté royal du 4 septembre 1985 portant agrément d'une organisation d'employeur (Anvers);
 Arrêté royal du 29 janvier 1986 portant agrément d'une organisation d'employeur (Gand);
 Arrêté royal du 10 juillet 1986 portant agrément d'une organisation d'employeur (Zeebrugge);
 Arrêté royal du 1er mars 1989 portant agrément d'une organisation d'employeur (Ostende); and
 Arrêté royal du 5 juillet 2004 relatif à la reconnaissance des ouvriers portuaires dans les zones
 portuaires tombant dans le champ d'application de la loi du 8 juin 1972 organisant le travail
 portuaire, tel que modifié.
 (c) Auxiliary services to inland waterways transport
 With respect to Investment liberalisation – Market access, National treatment, Most-favoured
 nation treatment, Senior management and boards of directors, Performance requirements and
 Cross-border trade in services – Market access, National treatment, Local presence, Most favoured-
 nation treatment:
 The EU: Services auxiliary to inland waterways transportation.
 (d) Rail transport and auxiliary services to rail transport
 723
 ---pagebreak--- With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment, Local presence:
 In EU: Railway passenger transportation (CPC 7111).
 With respect to Investment liberalisation – Market access, and Cross-border trade in services –
 Market access, Local Presence:
 In EU: Railway freight transportation (CPC 7112).
 In LT: Maintenance and repair services of rail transport equipment are subject to a state monopoly
 (CPC 86764, 86769, part of 8868).
 In SE (with respect only to Market access): Maintenance and repair services of rail transport
 equipment are subject to an economic needs test when an investor intends to establish its own
 terminal infrastructure facilities. Main criteria: space and capacity constraints (CPC 86764, 86769,
 part of 8868).
 Existing measures:
 EU: Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012
 establishing a single European railway area.
 SE: Planning and Building Act (2010:900).
 (e) Road transport (passenger transportation, freight transportation, international truck
 transport services) and services auxiliary to road transport
 With respect to Cross-border trade in services – Market access, National treatment, Local presence:
 The EU: For road transport services covered by Titles I [Transport of goods by road] and II [Transport
 of passengers by Road] of Heading Three [Road Transport] of Part Two [Trade, transport and
 fisheries] and Annex ROAD-1[Transport of goods by road].
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors:
 The EU: For road transport services covered by Titles I [Transport of goods by road] and II [Transport
 of passengers by Road] of Heading Three [Road Transport] of Part Two [Trade, transport and
 fisheries] and Annex ROAD-1 [Transport of goods by road]:
 To limit the supply of cabotage within a Member State of the European Union by foreign investors
 established in another Member State of the European Union (CPC 712).
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access, National treatment,
 Local presence:
 The EU: For road transport services not covered by Titles I [Transport of goods by road] and II
 [Transport of passengers by Road] of Heading Three [Road Transport] of Part Two [Trade, transport
 and fisheries] and Annex ROAD-1 [Transport of goods by road]:
 724
 ---pagebreak--- 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 of the European
 Union by foreign investors established in another Member State of the
 European Union (CPC 712).
 iii) an economic needs test may apply to taxi services in the European
 Union setting a limit on the number of service suppliers. Main criteria:
 Local demand as provided in applicable laws (CPC 71221).
 With respect to Investment liberalisation – Market access:
 In BE: A maximum number of licences can be fixed by law (CPC 71221).
 In IT: An economic needs test is applied to limousine services. Main criteria: number of and impact
 on existing establishments, population density, geographical spread, impact on traffic conditions and
 creation of new employment.
 An economic needs test is applied to intercity bussing services. Main criteria: number of and impact
 on existing establishments, population density, geographical spread, impact on traffic conditions and
 creation of new employment.
 An economic needs test is applied to the supply of freight transportation services. Main criteria: local
 demand (CPC 712).
 In BG, DE: For passenger and freight transportation, exclusive rights or authorisations may only be
 granted to natural persons of the Union and to legal persons of the Union having their headquarters
 in the Union. (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 liberalisation – Market access, National treatment,
 In FI: Authorisation is required to provide road transport services, which is not extended to foreign
 registered vehicles (CPC 712).
 With respect to Investment liberalisation – Market access, National treatment:
 In FR: The supply of intercity bussing services (CPC 712).
 With respect to Investment liberalisation – Market access:
 In ES: For passenger transportation, an economic needs test applies to services provided under CPC
 7122. Main criteria: local demand. An economic needs test applies for intercity bussing services.
 Main criteria: number of and impact on existing establishments, population density, geographical
 spread, impact on traffic conditions and creation of new employment.
 725
 ---pagebreak--- In SE: Maintenance and repair services of road transport equipment are subject to an economic
 needs test when a supplier intends to establish its own terminal infrastructure facilities. Main
 criteria: space and capacity constraints (CPC 6112, 6122, 86764, 86769, part of 8867).
 In SK: For freight transportation, an economic needs test is applied. Main criteria: local demand (CPC
 712).
 With respect to Cross-border trade in services – Market access:
 In BG: To require establishment for supporting services to road transport (CPC 744).
 Existing measures:
 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.
 FI: Laki kaupallisista tavarankuljetuksista tiellä (Act on Commercial Road Transport)
 693/2006; Laki liikenteen palveluista (Act on Transport Services) 320/2017;
 Ajoneuvolaki (Vehicles Act) 1090/2002
 IT: Legislative decree 285/1992 (Road Code and subsequent amendments) article 85;
 Legislative Decree 395/2000 article 8 (road transport of passengers);
 Law 21/1992 (Framework law on non-scheduled public road transport of passengers);
 Law 218/2003 article 1 (transport of passenger through rented buses with driver); and Law 151/1981
 (framework law on public local transport).
 SE: Planning and Building Act (2010:900).
 (f) Space transport and rental of space craft
 With respect to Investment liberalisation – Market access, National treatment, Performance
 requirements, Senior management and boards of directors and Cross-border trade in services –
 Market access, National treatment, Local presence:
 The EU: The supply of space transport services and the supply of rental of space craft services (CPC
 733, part of 734).
 (g) Most-favoured-nation
 726
 ---pagebreak--- With respect to Investment liberalisation – 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 Finland on the basis of reciprocity (part of CPC 711,
 part of 712, part of 722).
 - Supporting services for maritime transport
 In BG: In so far as the United Kingdom allows service suppliers from Bulgaria to supply cargo-
 handling services and storage and warehouse services in sea and river harbours, including services
 relating to containers and goods in containers, Bulgaria will allow service suppliers from the United
 Kingdom 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 Germany 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 Union 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 Party121; or
 (b) provide for tax exemptions for such 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 Bulgaria or across the borders of
 Bulgaria (CPC 7121, 7122, 7123).
 In CZ: 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
 121
 With regard to Austria 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.
 727
 ---pagebreak--- preferential road taxes of a transport services into, in, across and out of the Czech Republic to the
 contracting parties concerned (CPC 7121, 7122, 7123).
 In ES: Authorisation for the establishment of a commercial presence in Spain may be refused to
 service suppliers whose country of origin does not accord effective market access to service
 suppliers of Spain (CPC 7123).
 Existing measures:
 Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres.
 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 Croatia to
 the 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 Lithuania 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 the Slovak Republic to the
 contracting parties concerned (CPC 7121, 7122, 7123).
 - Rail transport
 In BG, CZ and SK: For existing or future agreements, and which regulate traffic rights and operating
 conditions, and the supply of transport services in the territory of Bulgaria, the Czech Republic and
 Slovakia 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 Estonia to the contracting
 Parties to vehicles registered in each contracting Party, and providing for tax exemption for such
 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 the United Kingdom allows the supply of transport services into and across the
 territory of the United Kingdom by passenger and freight transport suppliers of Poland, Poland will
 allow the supply of transport services by passenger and freight transport suppliers of the United
 Kingdom into and across the territory of Poland under the same conditions.
 728
 ---pagebreak--- Reservation No. 21 - Agriculture, fishing and water
 Sector: Agriculture, hunting, forestry; fishing, aquaculture, services incidental
 to fishing; collection, purification and distribution of water
 Industry classification: ISIC Rev. 3.1 011, ISIC Rev. 3.1 012, ISIC Rev. 3.1 013, ISIC Rev. 3.1 014,
 ISIC Rev. 3.1 015, CPC 8811, 8812, 8813 other than advisory and
 consultancy services; ISIC Rev. 3.1 0501, 0502, CPC 882
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation 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 liberalisation – Market access, National treatment:
 In HR: Agricultural and hunting activities.
 In HU: Agricultural activities (ISIC Rev. 3.1 011, 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: Agricultural Land Act (OG 20/18, 115/18, 98/19)
 (b) Fishing, aquaculture and services incidental to fishing (ISIC Rev. 3.1 0501, 0502, CPC 882)
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements, Most-favoured-nation treatment and Cross-
 border trade in services – Market access, National treatment, Most-favoured-nation treatment,
 Local presence:
 The EU:
 1. 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 the jurisdiction of Member States, or
 entitlements for fishing under a Member State fishing licence, including:
 729
 ---pagebreak--- (a) regulating the landing of catches by vessels flying the flag of the United Kingdom or a third
 country with respect to the quotas allocated to them or, only with respect to vessels flying the flag
 of a Member State, requiring that a proportion of the total catch is landed in Union ports;
 (b) determining a minimum size for a company in order to preserve both artisanal and coastal
 fishing vessels;
 (c) according differential treatment pursuant to existing or future bilateral agreements relating
 to fisheries; and
 (d) requiring the crew of a vessel flying the flag of a Member State to be nationals of Member
 States.
 2. A fishing vessel’s entitlement to fly the flag of a Member State only if:
 (a) it is wholly owned by:
 (i) companies incorporated in the Union; or
 (ii) Member State nationals;
 (b) its day-to-day operations are directed and controlled from within the Union; and
 (c) any charterer, manager or operator of the vessel is a company incorporated in the Union or a
 national of a Member State.
 3. A commercial fishing licence granting the right to fish in the territorial waters of a Member
 State may only be granted to vessels flying the flag of a Member State.
 4. The establishment of marine or inland aquaculture facilities.
 5. Point 1 (a), (b), (c) (other than with respect to most-favoured nation treatment) and (d);
 point 2 (a) (i), (b) and (c) and point 3 only apply to measures which are applicable to vessels or to
 enterprises irrespective of the nationality of their beneficial owners.
 With respect to Investment liberalisation – Market access:
 In FR: Nationals of non-European Union countries cannot participate in French maritime State
 property for fish, shellfish or algae farming.
 With respect to Investment liberalisation – Market access, National treatment, Most-favoured
 nation treatment and Cross-border trade in services – Market access, 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 Bulgaria, shall be performed by vessels flying the flag of Bulgaria. A
 foreign ship may not engage in commercial fishing in the exclusive economic zone save on the basis
 of an agreement between Bulgaria and the flag state. While passing through the exclusive economic
 zone, foreign fishing ships may not maintain their fishing gear in operational mode.
 (c) Collection, purification and distribution of water
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment, Local presence:
 730
 ---pagebreak--- 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.
 731
 ---pagebreak--- Reservation No. 22 - Energy related activities
 Sector: Production of energy and related services
 Industry classification: ISIC Rev. 3.1 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.
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation 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 Rev. 3.1 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 liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements and Cross-border trade in services – Market
 access, National treatment, Local presence:
 The EU: Where 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 the United
 Kingdom controlled by natural or legal persons of a third country which accounts for more than 5
 per cent of the Union's oil, natural gas or electricity imports, in order to guarantee the security of
 the energy supply of the Union as a whole, or of an individual Member State. This reservation does
 not apply to advisory and consultancy services provided 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 Rev. 3.1 401, 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 third country which accounts for more than 5 per cent of the Union'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 applies 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.
 732
 ---pagebreak--- In FI: 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 Rev. 3.1 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 liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access, National treatment,
 Local presence:
 In BE: The energy distribution services, and services incidental to energy distribution (CPC 887 other
 than consultancy services).
 With respect to Investment liberalisation – Market access, National treatment and Cross-border
 trade in services –National treatment, Local presence:
 In BE: For energy transmission services, regarding the types of legal entities and to the treatment of
 public or private operators to whom BE has conferred exclusive rights. Establishment is required
 within the Union (ISIC Rev. 3.1 4010, CPC 71310).
 In BG: For services incidental to energy distribution (part of CPC 88).
 In PT: For 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 Rev. 3.1 232, 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 the EEA or a legal person of the EEA.
 With respect to Investment liberalisation – Market access, National treatment:
 In BE: With the exception of the mining of metal ores and other mining and quarrying, enterprises
 controlled by natural or legal persons of a third country which accounts for more than 5 per cent of
 the European Union's oil or natural gas or electricity imports may be prohibited from obtaining
 control of the activity. Incorporation is required (no branching) (ISIC Rev. 3.1 10, 1110, 13, 14, 232,
 part of 4010, part of 4020, part of 4030).
 Existing measures:
 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
 733
 ---pagebreak--- 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 Regulation of the Electricity Market Laws of 2003 Law 122(I)/2003 as amended;
 The Regulation of the Gas Market Laws of 2004, Law 183(I)/2004 as amended;
 The Petroleum (Pipelines) Law, Chapter 273;
 The Petroleum Law Chapter 272 as amended; and
 The Petroleum and Fuel Specifications Laws of 2003, Law 148(I)/2003 as amended. .
 FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); and Sähkömarkkinalaki (Electricity
 Market Act) (386/1995). Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017)
 FR: Code de l’énergie.
 PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October - Natural Gas; Decree-Law 215-
 A/2012, and Decree-Law 215-B/2012, 8 October – Electricity; and Decree-Law 31/2006, 15 February
 – Crude oil/Petroleum products.
 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 liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements and Cross-border trade in services – Market
 access, 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 per cent 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 liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, 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 liberalisation – Market access, National treatment:
 734
 ---pagebreak--- In BE: An individual authorisation for the production of electricity of a capacity of 25 MW or above
 requires establishment in the Union, 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 production of electricity within the offshore territory of BE is subject to concession and a joint
 venture obligation with a legal person of the Union, or with a legal person of a country having a
 similar regime to that of Directive 2003/54/EC of the European Parliament and of the Council of 26
 June 2003 concerning common rules for the internal market in electricity and repealing Directive
 96/92/EC, particularly with regard to conditions relating to the authorisation and selection.
 Additionally, the legal person should have its central administration or its head office in a Member
 State of the European Union 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 legal
 person of the EEA.
 With respect to Investment liberalisation – Market access:
 In FR: For the production of electricity.
 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; and 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 relatif aux autorisations de fourniture d'électricité par des intermédiaires et aux règles
 de conduite applicables à ceux-ci.
 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
 735
 ---pagebreak--- FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); and Sähkömarkkinalak (Electricity
 Market Act) 588/2013; Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017)
 FR: Code de l’énergie.
 PT: Decree-Law 215-A/2012; and
 Decree-Law 215-B/2012, 8 October – Electricity.
 (c) Fuels, gas, crude oil or petroleum products (ISIC Rev. 3.1 232, 40, 402; CPC 613, 62271,
 63297, 7131, 71310, 742, 7422, part of 88, 887 (other than advisory and consulting services))
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements and Cross-border trade in services – Market
 access, National treatment:
 In FI: To prevent control or ownership of a liquefied natural gas (LNG) terminal (including those parts
 of the LNG terminal used for storage or re-gasification of LNG) by foreign natural or legal persons for
 energy security reasons.
 In FR: Only companies where 100 per cent 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 liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, 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 Belgium has conferred exclusive rights. Establishment is
 required within the Union 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 – Market access, 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 Article 3 of the AR of 14 May 2002).
 Where 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
 736
 ---pagebreak--- 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 BE: 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 Belgium is
 subject to an individual authorisation provided by the minister, except where the supplier is a
 distribution company using its own distribution network. Such an authorisation may only be granted
 to natural or legal persons of the European Union.
 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).
 With respect to Investment liberalisation – Market access and Cross-border trade in services –
 Market access:
 In HU: The supply of pipeline transport services requires establishment. Services may be provided
 through a Contract of Concession granted by the state or the local authority. The supply of this
 service is regulated by the Hungarian Concession Law (CPC 7131).
 With respect to Cross-border trade in services – Market access:
 In LT: For pipeline transportation of fuels and services auxiliary to pipeline transport of goods other
 than fuel.
 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;
 The Regulating of the Gas Market Laws of 2004, Law 183(I)/2004 as amended;
 The Petroleum (Pipelines) Law, Chapter 273 ;
 The Petroleum Law Chapter 272 as amended; and
 The Petroleum and Fuel Specifications Laws of 2003, Law 148(I)/2003 as amended.
 FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); and Maakaasumarkkinalaki (Natural
 Gas Market Act) (587/2017).
 737
 ---pagebreak--- FR: Code de l’énergie.
 HU: Act XVI of 1991 about Concessions.
 LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973.
 PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October - Natural Gas; Decree-Law 215-
 A/2012, and Decree-Law 215-B/2012, 8 October – Electricity; and Decree-Law 31/2006, 15 February
 – Crude oil/Petroleum products.
 (d) Nuclear (ISIC Rev. 3.1 12, 3.1 23, 120, 1200, 233, 2330, 40, part of 4010, CPC 887))
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access, 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 liberalisation – Market access, National treatment and Cross-border
 trade in services – Market access, National treatment:
 In AT and FI: for the production, processing distribution or transportation of nuclear material and
 generation or distribution of nuclear-based energy.
 In BE: For the production, processing or transportation of nuclear material and generation or
 distribution of nuclear-based energy.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements:
 In HU and SE: For the processing of nuclear fuel and nuclear-based electricity generation.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards 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 those 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 engineering and consulting
 services and services relating to software etc.).
 With respect to Investment liberalisation – Market access, National treatment:
 In FR: These activities must respect the obligations of an Euratom Agreement.
 Existing measures:
 AT: Bundesverfassungsgesetz für ein atomfreies Österreich (Constitutional Act for a Non-nuclear
 Austria) BGBl. I Nr. 149/1999.
 BG: Safe Use of Nuclear Energy Act.
 738
 ---pagebreak--- 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).
 739
 ---pagebreak--- Reservation No. 23 - Other services not included elsewhere
 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
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation 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 liberalisation – Market access, National treatment:
 In FI: Cremation services and operation/maintenance of cemeteries and graveyards can only be
 performed by the state, municipalities, parishes, religious communities or non-profit foundations or
 societies.
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-border trade in services – Market access, National treatment,
 Local presence:
 In DE: Only legal persons established under public law may operate a cemetery. The creation and
 operation of cemeteries and services related to funerals.
 In PT: Commercial presence is required to provide funeral and undertaking services. EEA nationality
 is required in order to become a technical manager for entities providing funeral and undertaking
 services.
 In SE: Church of Sweden or local authority monopoly on cremation and funeral services.
 In CY, SI: Funeral, cremation and undertaking services.
 Existing measures:
 FI: Hautaustoimilaki (Act on Burial Service) (457/2003).
 PT: Decree-Law 10/2015, of 16 January alterado p/ Lei 15/2018, 27 março.
 SE: Begravningslag (1990:1144) (Act of Burials); Begravningsförordningen (1990:1147) (Ordinance of
 Burials).
 (b) Other business-related services
 740
 ---pagebreak--- With respect to Cross-border trade in services – Market access:
 In FI: Require establishment in Finland or elsewhere in the EEA in order to provide electronic
 identification services.
 Existing measures:
 FI: Laki vahvasta sähköisestä tunnistamisesta ja sähköisistä luottamuspalveluista 617/2009 (Act on
 Strong Electronic Identification and Electronic Trust Services 617/2009).
 (c) New services
 With respect to Investment liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements and Cross-border trade in services – Market
 access, National treatment, Local presence:
 The EU: For the provision of new services other than those classified in the United Nations
 Provisional Central Product Classification (CPC), 1991.
 741
 ---pagebreak--- Schedule of the United Kingdom
 Reservation No. 1 – All sectors
 Reservation No. 2 – Professional services (all professions except health related)
 Reservation No. 3 – Professional services (health related and retail of pharmaceuticals)
 Reservation No. 4 – Business services (collection agency services and credit reporting services)
 Reservation No. 5 – Business services (placement services)
 Reservation No. 6 – Business services (investigation services)
 Reservation No. 7 – Business services (other business services)
 Reservation No. 8 – Education services
 Reservation No. 9 – Financial services
 Reservation No. 10 – Health and social services
 Reservation No. 11 – Recreational, cultural and sporting services
 Reservation No. 12 – Transport services and auxiliary transport services
 Reservation No. 13 – Fishing and water
 Reservation No. 14 – Energy related activities
 Reservation No. 15 – Other services not included elsewhere
 742
 ---pagebreak--- Reservation No. 1 – All sectors
 Sector: All sectors
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Obligations for Legal Services
 Chapter: Investment Liberalisation, Cross-Border Trade in Services and
 Regulatory Frameworks
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the following:
 (a) Commercial presence
 With respect to Investment Liberalisation – Market access:
 Services considered as public utilities at a 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 such 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.
 (b) Most favoured nation treatment
 With respect to Investment Liberalisation – Most favoured nation treatment and Cross-Border Trade
 in Services – Most favoured nation treatment and Regulatory Framework for Legal Services –
 Obligations:
 According differential treatment pursuant to any international investment treaties or other trade
 agreement in force or signed prior to entry into force of this Agreement.
 According differential treatment to a country pursuant to any existing or future bilateral or
 multilateral agreement which:
 (i) creates an internal market in services and investment;
 (ii) grants the right of establishment; or
 (iii) 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.
 743
 ---pagebreak--- 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 such establishment takes
 place.
 The approximation of legislation means:
 (i) 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
 (ii) the incorporation of common legislation into the law of the parties to the regional
 economic integration agreement.
 Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at
 such time that it has been enacted in the law of the Party or parties to the regional economic
 integration agreement.
 According differential treatment relating to the right of establishment to nationals or enterprises
 through existing or future bilateral agreements between the UK and any of the following countries
 or principalities: Andorra, Monaco, San Marino and the Vatican City State.
 (c) Arms, ammunitions and war material
 With respect to Investment Liberalisation – Market access, National treatment, Most favoured
 nation treatment, Senior management and boards of directors, Performance requirements and
 Cross-Border Trade in Services – Market access, Local presence, National treatment, Most favoured
 nation treatment:
 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.
 744
 ---pagebreak--- Reservation No. 2 – Professional services (all professions except health related)
 Sector – sub-sector: Professional services - legal services, auditing services
 Industry classification: Part of CPC 861, part of 87902, part of 862
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Local presence
 Obligations for Legal Services
 Chapter: Investment Liberalisation, Cross-Border Trade in Services and
 Regulatory Frameworks
 Description:
 (a) Legal services
 With respect to Investment Liberalisation – Market access, Senior management and boards of
 directors, National treatment, Cross-Border Trade in Services – Market access, Local presence,
 National treatment and Regulatory Frameworks – Legal services commitments:
 The UK reserves the right to adopt or maintain any measure with respect to the supply of legal
 advisory and legal authorisation, documentation, and certification services provided by legal
 professionals entrusted with public functions, such as notaries, and with respect to services
 provided by bailiffs (part of CPC 861, part of 87902).
 (b) Auditing services (CPC 86211, 86212 other than accounting and bookkeeping services)
 With respect to Cross-Border Trade in Services – Market access, Local presence, National treatment:
 The UK reserves the right to adopt or maintain any measure with respect to the cross-border supply
 of auditing services.
 Existing measures:
 Companies Act 2006
 745
 ---pagebreak--- Reservation No. 3 - Professional services (health related and retail of pharmaceuticals)
 Sector: 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
 Type of reservation: Market access
 National treatment
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK 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)
 With respect to Investment Liberalisation – Market access:
 Establishment for doctors under the National Health Service is subject to medical manpower
 planning (CPC 93121, 93122).
 With respect to Cross-Border Trade in Services – Market access, Local presence, National treatment:
 The supply of all health-related professional services, including the services provided by
 professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and
 psychologists, requires residency. These services may only be provided by natural persons physically
 present in the territory of the UK (CPC 9312, part of 93191).
 The cross-border supply of medical, dental and midwives services and services provided by nurses,
 physiotherapists, psychologists and paramedical personnel (part of CPC 85201, 9312, part of 93191).
 For service suppliers not physically present in the territory of the UK (part of CPC 85201, 9312, part
 of 93191).
 (b) Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by
 pharmacists (CPC 63211)
 With respect to Investment Liberalisation – Market access and Cross-Border Trade in Services –
 Market access, Local presence:
 Mail order is only possible from the UK, thus establishment in the UK is required for the retail of
 pharmaceuticals and specific medical goods to the general public in the UK.
 With respect to Cross-Border Trade in Services – Market access, Local presence, National treatment:
 746
 ---pagebreak--- The cross-border retail sales of pharmaceuticals and of medical and orthopaedic goods, and other
 services supplied by pharmacists.
 747
 ---pagebreak--- Reservation No. 4 – Business services (collection agency services and credit reporting services)
 Sector – sub-sector: Business services - collection agency services, credit reporting services
 Industry classification: CPC 87901, 87902
 Type of reservation: Market access
 National treatment
 Local presence
 Chapter: Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the supply of collection
 agency services and credit reporting services.
 748
 ---pagebreak--- Reservation No. 5 – Business services (placement services)
 Sector – sub-sector: Business Services – placement services
 Industry classification: CPC 87202, 87204, 87205, 87206, 87209
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the following:
 The supply of placement services of domestic help personnel, other commercial or industrial
 workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).
 To require establishment and to prohibit the cross-border supply of placement services of office
 support personnel and other workers.
 749
 ---pagebreak--- Reservation No. 6 – Business services (investigation services)
 Sector – sub-sector: Business Services – investigation services
 Industry classification: CPC 87301
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the supply of
 investigation services (CPC 87301).
 750
 ---pagebreak--- Reservation No. 7 – Business services (other business services)
 Sector – sub-sector: Business services – other business services
 Industry classification: CPC 86764, 86769, 8868, part of 8790
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the following:
 (a) Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof
 (part of CPC 86764, CPC 86769, CPC 8868)
 With respect to Cross-Border Trade in Services – Market access, Local presence, National treatment:
 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.
 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.
 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.
 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).
 Only recognised organisations authorised by the UK may carry out statutory surveys and
 certification of ships on behalf of the UK. Establishment may be required.
 Existing measures:
 Regulation (EC) 391/2009 of the European Parliament and the Council of 23 April 2009 on common
 rules and standards for ship inspection and survey organisations as retained in UK law by the
 European Union (Withdrawal) Act 2018, and as amended by the Merchant Shipping (Recognised
 Organisations) (Amendment) (EU Exit) Regulations 2019.
 (b) 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:
 According differential treatment to a third country pursuant to existing or future bilateral
 agreements relating to the following services:
 751
 ---pagebreak--- (i) aircraft repair and maintenance services;
 (ii) rental or leasing of aircraft without crew;
 (iii) computer reservation system (CRS) services;
 (iv) the following services provided using a manned aircraft, subject to compliance with the
 Parties’ respective laws and regulations governing the admission of aircrafts to, departure
 from and operation within, their territory: aerial fire-fighting, flight training, spraying,
 surveying, mapping, photography, and other airborne agricultural, industrial and inspection
 services; and
 (v) the selling and marketing of air transport services.
 752
 ---pagebreak--- Reservation No. 8 – Education services
 Sector: Education services
 Industry classification: CPC 92
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the following:
 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 provider is permitted, participation of private operators in the education system may be
 subject to the granting of a concession allocated on a non-discriminatory basis.
 The supply of privately funded other education services, which means other than those classified as
 being primary, secondary, higher and adult education services (CPC 929).
 753
 ---pagebreak--- Reservation No. 9 – Financial services
 Sector: Financial services
 Industry classification:
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the following:
 (a) All financial services
 With respect to Investment Liberalisation – Market access:
 To require a financial service supplier, other than a branch, when establishing in the UK to adopt a
 specific legal form, on a non-discriminatory basis.
 With respect to Investment Liberalisation – Most favoured nation treatment and Cross-Border Trade
 in Services – Most favoured nation treatment:
 According differential treatment to an investor or a financial services supplier of a third country
 pursuant to any bilateral or multilateral international investment treaty or other trade agreement.
 (b) Insurance and insurance-related services
 With respect to Cross-Border Trade in Services – Market access, National treatment, Local presence:
 For the supply of insurance and insurance-related services except for:
 (i) direct insurance services (including co-insurance) and direct insurance intermediation for the
 insurance of risks relating to:
 - maritime transport and commercial aviation and space launching and freight (including
 satellites), with such insurance to cover any or all of the following: the goods being
 transported, the vehicle transporting the goods, and any liability deriving therefrom; and
 - goods in international transit;
 (ii) Reinsurance and retrocession; and
 (iii) Services auxiliary to insurance.
 (c) Banking and other financial services
 754
 ---pagebreak--- With respect to Investment Liberalisation – Market access and Cross-Border Trade in Services – Local
 presence:
 Only firms having their registered office in the UK can act as depositories of the assets of investment
 funds. The establishment of a specialised management company, having its head office and
 registered office in the UK, is required to perform the activities of management of common funds,
 including unit trusts, and where allowed under national law, investment companies.
 With respect to Cross-Border Trade in Services – Market access, National treatment, local presence:
 For the supply of banking and other financial services, except for:
 (i) the provision and transfer of financial information, and financial data processing and
 related software by suppliers of other financial services; and
 (ii) advisory and other auxiliary financial services relating to banking and other financial services as
 described point (L) of the definition of banking and other financial services (excluding insurance) in
 point (a)(ii) of Article SERVIN 5.38 [Financial services – Definitions], but not intermediation as
 described in point (L) of that definition.
 755
 ---pagebreak--- Reservation No. 10 – Health and social services
 Sector: Health and social services
 Industry classification: CPC 931 other than 9312, part of 93191
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the following:
 (a) Health services – hospital, ambulance, residential health services (CPC 931 other than
 9312, part of 93191)
 With respect to Investment Liberalisation - Market access, National treatment, Performance
 requirements, Senior management and boards of directors:
 For 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.
 All privately funded health services other than hospital services. The participation of private
 operators in the privately funded health network may be subject to concession on a non-
 discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on
 existing establishments, transport infrastructure, population density, geographic spread, and
 creation of new employment.
 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).
 (b) Health and social services, including pension insurance
 With respect to Cross-Border Trade in Services – Market access, Local presence, National treatment:
 Requiring establishment or physical presence in its territory of suppliers and restricting the cross-
 border supply of health services from outside its territory, the cross-border supply of social services
 from outside its 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 provided by professionals such as medical
 doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are
 covered by other reservations (CPC 931 other than 9312, part of 93191).
 756
 ---pagebreak--- (c) Social services, including pension insurance
 With respect to Investment Liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements:
 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.
 The supply of privately funded social services other than services relating to convalescent and rest
 houses and old people's homes.
 757
 ---pagebreak--- Reservation No. 11 – Recreational, cultural and sporting services
 Sector: Recreational, cultural and sporting services
 Industry classification: CPC 963, 9619, 964
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the following:
 (a) Libraries, archives, museums and other cultural services (CPC 963)
 The supply of library, archive, museum and other cultural services.
 (b) Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other than
 96492)
 The cross-border supply of entertainment services, including theatre, live bands, circus and
 discotheque services.
 (c) Gambling and betting services (CPC 96492)
 The supply of gambling activities, which involve wagering a stake with pecuniary value in games of
 chance, including in particular lotteries, scratch cards, gambling services offered in casinos, gambling
 arcades or licensed premises, betting services, bingo services and gambling services operated by and
 for the benefit of charities or non-profit-making organisations.
 758
 ---pagebreak--- Reservation No. 12 – Transport services and auxiliary transport services
 Sector: Transport services
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK 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 Liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements and Cross-Border Trade in Services – Market
 access, Local presence, National treatment:
 The nationality of the crew on a seagoing or non-seagoing vessel.
 With respect to Investment Liberalisation – Market access, National treatment, Most favoured
 nation treatment, Senior management and boards of directors:
 For the purpose of registering a vessel and operating a fleet under the flag of the UK (all commercial
 marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services
 incidental to fishing; international passenger and freight transportation (CPC 721); and services
 auxiliary to maritime transport). This reservation does not apply to legal persons incorporated in the
 UK and having an effective and continuous link to its economy.
 (b) Auxiliary services to maritime transport
 With respect to Investment Liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-Border Trade in Services – Market access, Local presence,
 National treatment:
 The supply of pilotage and berthing services. For greater certainty, regardless of the criteria which
 may apply to the registration of ships in the UK, the UK reserves the right to require that only ships
 registered on the national registers of the UK may provide pilotage and berthing services (CPC 7452).
 Only vessels carrying the flag of the UK may provide pushing and towing services (CPC 7214).
 (c) Auxiliary services to inland waterways transport
 With respect to Investment Liberalisation – Market access, National treatment, Most favoured
 nation treatment, Senior management and boards of directors, Performance requirements and
 759
 ---pagebreak--- Cross-Border Trade in Services – Market access, Local presence, National treatment, Most favoured
 nation treatment:
 Services auxiliary to inland waterways transportation.
 (d) Rail transport and auxiliary services to rail transport
 With respect to Investment Liberalisation – Market access, National treatment and Cross-Border
 Trade in Services – Market access, Local presence, National treatment:
 Railway passenger transportation (CPC 7111).
 With respect to Investment Liberalisation – Market access and Cross-Border Trade in Services –
 Market access, Local presence:
 Railway freight transportation (CPC 7112).
 (e) Road transport (passenger transportation, freight transportation, international truck
 transport services) and services auxiliary to road transport
 With respect to Cross-Border Trade in Services – Market access, National treatment, Local presence:
 For road transport services covered by Chapter 3 and 4 of Title XII (Transport) of Part 2 (Economy
 and Trade) and Annex ROAD-1 to Chapter 3.
 With respect to Investment Liberalisation – Market access, National treatment, Senior management
 and boards of directors and Cross-Border Trade in Services – Market access, Local presence,
 National treatment:
 For road transport services not covered by Chapter 3 and 4 of Title XII (Transport) of Part 2
 (Economy and Trade) and Annex ROAD-1 to Chapter 3:
 (i) to require establishment and to limit the cross-border supply of road transport services (CPC
 712);
 (ii) an economic needs test may apply to taxi services in the UK setting a limit on the number of
 service suppliers. Main criteria: Local demand as provided in applicable laws (CPC 71221).
 Existing measures:
 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 as retained in UK law by the
 European Union (Withdrawal) Act 2018 and as amended by the Licensing of Operators and
 International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019;
 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 as retained in UK law by the
 European Union (Withdrawal) Act 2018 and as amended by the Licensing of Operators and
 International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019; 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 as retained in UK law by the European Union (Withdrawal) Act 2018
 760
 ---pagebreak--- and as amended by the Common Rules for Access to the International Market for Coach and Bus
 Services (Amendment etc.) (EU Exit) Regulations 2019.
 (f) Space transport and rental of space craft
 With respect to Investment Liberalisation – Market access, National treatment, Performance
 requirements, Senior management and boards of directors and Cross-Border Trade in Services –
 Market access, Local presence, National treatment:
 Transportation services via space and the rental of space craft (CPC 733, part of 734).
 (g) Most favoured nation exemptions
 With respect to Investment Liberalisation – Most favoured nation treatment, and Cross-Border
 Trade in Services – Most favoured nation treatment:
 (i) Road and rail transport
 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 UK and a third country (CPC 7111,
 7112, 7121, 7122, 7123). That treatment may:
 — 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; or
 — provide for tax exemptions for such vehicles.
 (ii) Air transport - Services auxiliary to air transport
 According differential treatment to a third country pursuant to existing or future bilateral
 agreements relating to ground-handling services.
 761
 ---pagebreak--- Reservation No. 13 – Fishing and water
 Sector: Fishing, aquaculture, services incidental to fishing; collection,
 purification and distribution of water
 Industry classification: ISIC Rev. 3.1 0501, 0502, CPC 882, ISIC Rev. 3.1 41
 Type of reservation: Market access
 National treatment
 Most favoured nation treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the following:
 (a) Fishing, aquaculture and services incidental to fishing (ISIC Rev. 3.1 0501, 0502, CPC 882)
 With respect to Investment Liberalisation – Market access, National treatment, Senior management
 and boards of directors, Performance requirements, Most favoured nation treatment and Cross-
 Border Trade in Services – Market access, National treatment, Local presence, Most favoured nation
 treatment:
 1. In particular within the framework of United Kingdom fisheries policy, and of fishing
 agreements with a third country, access to and use of biological resources and fishing grounds
 situated in the maritime waters coming under the sovereignty or jurisdiction of the United Kingdom,
 or entitlements for fishing under a United Kingdom fishing licence, including:
 (a) regulating the landing of catches by vessels flying the flag of a Member State or a third
 country with respect to the quotas allocated to them or, only with respect to vessels flying the
 flag of the United Kingdom, requiring that a proportion of the total catch is landed in United
 Kingdom ports;
 (b) determining a minimum size for a company in order to preserve both artisanal and coastal
 fishing vessels;
 (c) according differential treatment pursuant to existing or future international agreements
 relating to fisheries; and
 (d) requiring the crew of a vessel flying the flag of the United Kingdom to be United Kingdom
 nationals.
 2. A fishing vessel’s entitlement to fly the flag of the United Kingdom only if:
 762
 ---pagebreak--- (a) it is wholly owned by:
 (i) companies incorporated in the United Kingdom; or
 (ii) United Kingdom nationals;
 (b) its day-to-day operations are directed and controlled from within the United Kingdom;
 and
 (c) any charterer, manager or operator of the vessel is a company incorporated in the
 United Kingdom or a United Kingdom national.
 3. A commercial fishing licence granting the right to fish in the territorial waters of the United
 Kingdom may only be granted to vessels flying the flag of the United Kingdom.
 4. The establishment of marine or inland aquaculture facilities.
 5. Point 1(a), (b), (c) (other than with respect to most-favoured nation treatment) and (d),
 point 2(a)(i), (b) and (c) and point 3 only apply to measures which are applicable to vessels or to
 enterprises irrespective of the nationality of their beneficial owners.
 (b) Collection, purification and distribution of water
 With respect to Investment Liberalisation – Market access, National treatment and Cross-Border
 Trade in Services – Market access, Local presence, National treatment:
 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.
 763
 ---pagebreak--- Reservation No. 14 – Energy related activities
 Sector: Production of energy and related services
 Industry classification: ISIC Rev. 3.1 401, 402, CPC 7131, CPC 887 (other than advisory and
 consulting services).
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure, where the UK permits foreign
 ownership of a gas or electricity transmission system, or an oil and gas pipeline transport system,
 with respect to enterprises of the Union controlled by natural persons or enterprises of a third
 country which accounts for more than 5 per cent of the UK’s oil, natural gas or electricity imports, in
 order to guarantee the security of the energy supply of the UK. This reservation does not apply to
 advisory and consultancy services provided as services incidental to energy distribution.
 764
 ---pagebreak--- Reservation No. 15 – Other services not included elsewhere
 Sector: Other services not included elsewhere
 Type of reservation: Market access
 National treatment
 Senior management and board of directors
 Performance requirements
 Local presence
 Chapter: Investment Liberalisation and Cross-Border Trade in Services
 Description:
 The UK reserves the right to adopt or maintain any measure with respect to the provision of new
 services other than those classified in the United Nations Provisional Central Product Classification
 (CPC), 1991.
 765
 ---pagebreak--- ANNEX SERVIN-3: BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES, INTRA-CORPORATE
 TRANSFEREES AND SHORT-TERM BUSINESS VISITORS
 1. A measure listed in this Annex may be maintained, continued, promptly renewed, or
 amended, provided that the amendment does not decrease the conformity of the measure with
 Articles SERVIN.4.2 [Intra-corporate Transferees and Business Visitors for Establishment Purposes]
 and SERVIN.4.3 [Short-term business visitors], as it existed immediately before the amendment.
 2. Articles SERVIN.4.2 [Intra-corporate Transferees and Business Visitors for Establishment
 Purposes] and SERVIN.4.3 [Short-term business visitors] do not apply to any existing non‐conforming
 measure listed in this Annex, to the extent of the non‐conformity.
 3. The schedules in paragraphs 6, 7 and 8 apply only to the territories of the United Kingdom
 and the European Union in accordance with Article FINPROV.1 [Territorial Scope] and Article OTH.9.2
 [Geographical Scope] and are only relevant in the context of trade relations between the European
 Union and its Member States with the United Kingdom. They do not affect the rights and obligations
 of the Member States under Union law.
 4. For greater certainty, for the European Union, the obligation to grant national treatment
 does not entail the requirement to extend to natural or legal persons of the United Kingdom the
 treatment granted in a Member State, in application of the Treaty on the Functioning of the
 European Union, or of any measure adopted pursuant to that Treaty, including their implementation
 in the Member States, to:
 (i) natural persons or residents of another Member State; or
 (ii) legal persons constituted or organised under the law of another Member State or of
 the European Union and having their registered office, central administration or
 principal place of business in the European Union.
 5. The following abbreviations are used in the paragraphs below:
 AT Austria
 BE Belgium
 BG Bulgaria
 CY Cyprus
 CZ Czech Republic
 DE Germany
 DK Denmark
 EE Estonia
 EL Greece
 ES Spain
 EU European Union, including all its Member States
 766
 ---pagebreak--- FI Finland
 FR France
 HR Croatia
 HU Hungary
 IE Ireland
 IT Italy
 LT Lithuania
 LU Luxembourg
 LV Latvia
 MT Malta
 NL The Netherlands
 PL Poland
 PT Portugal
 RO Romania
 SE Sweden
 SI Slovenia
 SK Slovak Republic
 6. The European Union’s non-conforming measures are:
 Business visitors for establishment purposes
 All sectors AT, CZ: Business visitor for establishment purposes needs to work for an
 enterprise other than a non-profit organisation, otherwise: Unbound.
 SK: Business visitor for establishment purposes needs to work for an
 enterprise other than a non-profit organisation, otherwise: Unbound. Work
 permit required, including economic needs test.
 CY: Permissible length of stay: up to 90 days in any twelve month period.
 Business visitor for establishment purposes needs to work for an
 enterprise other than a non-profit organisation, otherwise: Unbound.
 Intra-corporate transferees
 767
 ---pagebreak--- All sectors EU: Until 31 December 2022 any charge, fee or tax imposed by a Party
 (other than fees associated with the processing of a visa, work permit, or
 residency permit application or renewal) on the grounds of being allowed
 to perform an activity or to hire a person who can perform such activity in
 the territory of a Party, unless it is a requirement consistent with
 paragraph 3 of SERVIN 4.1 [Scope and definitions], or a health fee under
 national legislation in connection with an application for a permit to enter,
 stay, work, or reside in the territory of a Party.
 AT, CZ, SK: Intra-corporate transferees need to be employed by an
 enterprise other than a non-profit organisation, otherwise: Unbound.
 FI: Senior personnel needs to be employed by an enterprise other than a
 non-profit organisation.
 HU: Natural persons who have been a partner in an enterprise do not
 qualify to be transferred as intra-corporate transferees.
 Short-term business visitors
 All activities CY, DK, HR: Work permit, including economic needs test, required in case
 referred to in the short-term business visitor supplies a service.
 paragraph 8: LV: Work permit required for operations/activities to be performed on the
 basis of a contract.
 MT: Work permit required. No economic needs tests performed.
 SI: A single residency and work permit is required for the supply of
 services exceeding 14 days at a time and for certain activities (research
 and design; training seminars; purchasing; commercial transactions;
 translation and interpretation). An economic needs test is not required.
 SK: In case of supplying a service in the territory of Slovakia, a work
 permit, including economic needs test, is required beyond seven days in a
 month or 30 days in calendar year.
 Research and design AT: Work permit, including economic needs test, required, except for
 research activities of scientific and statistical researchers.
 Marketing research AT: Work permit required, including economic needs test. Economic
 needs test is waived for research and analysis activities for up to seven
 days in a month or 30 days in a calendar year. University degree required.
 CY: Work permit required, including economic needs test.
 Trade fairs and AT, CY: Work permit, including economic needs test, required for activities
 exhibitions beyond seven days in a month or 30 days in a calendar year.
 After-sales or AT: Work permit required, including economic needs test. Economic
 after-lease service needs test is waived for natural persons training workers to supply
 services and possessing specialisedge knowledge.
 CY, CZ : Work permit is required beyond seven days in a month or 30 days
 in calendar year.
 ES: Installers, repair and maintainers should be employed as such by the
 legal person supplying the good or service or by an enterprise which is a
 member of the same group as the originating legal person for at least
 768
 ---pagebreak--- three months immediately preceding the date of submission of an
 application for entry and they should possess at least 3 years of relevant
 professional experience, where applicable, obtained after the age of
 majority.
 FI: Depending on the activity, a residence permit may be required.
 SE: Work permit required, except for (i) natural persons who participate in
 training, testing, preparation or completion of deliveries, or similar
 activities within the framework of a business transaction, or (ii) fitters or
 technical instructors in connection with urgent installation or repair of
 machinery for up to two months, in the context of an emergency. No
 economic needs test required.
 Commercial AT, CY: Work permit, including economic needs test, required for activities
 transactions beyond seven days in a month or 30 days in a calendar year.
 FI: The natural person needs to be supplying services as an employee of a
 legal person of the other Party.
 Tourism personnel CY, ES, PL: Unbound.
 FI: The natural person needs to be supplying services as an employee of a
 legal person of the other Party.
 SE: Work permit required, except for drivers and staff of tourist buses. No
 economic needs test required.
 Translation and AT: Work permit required, including economic needs test.
 interpretation CY, PL: Unbound.
 7. The United Kingdom’s non-conforming measures are:
 Business visitors for establishment purposes
 All sectors Business visitor for establishment purposes needs to work for an
 enterprise other than a non-profit organisation, otherwise: Unbound.
 Intra-corporate transferees
 All sectors Intra-corporate transferees need to be employed by an enterprise other
 than a non-profit organisation, otherwise: Unbound.
 Until 31 December 2022 any charge, fee or tax imposed by a Party (other
 than fees associated with the processing of a visa, work permit, or
 residency permit application or renewal) on the grounds of being allowed
 to perform an activity or to hire a person who can perform such activity in
 the territory of a Party, unless it is a requirement consistent with
 paragraph 3 of SERVIN 4.1 [Scope and definitions], or a health fee under
 national legislation in connection with an application for a permit to enter,
 stay, work, or reside in the territory of a Party.
 Short-term business visitors
 769
 ---pagebreak--- All activities None
 referred to in
 paragraph 8:
 8. The activities Short-term business visitors are permitted to engage in are:
 a) meetings and consultations: natural persons attending meetings or conferences, or
 engaged in consultations with business associates;
 b) research and design: technical, scientific and statistical researchers conducting
 independent research or research for a legal person of the Party of which the Short-term
 business visitor is a natural person;
 c) marketing research: market researchers and analysts conducting research or analysis for a
 legal person of the Party of which the Short-term business visitor is a natural person;
 d) training seminars: personnel of an enterprise who enter the territory being visited by the
 Short-term business visitor to receive training in techniques and work practices which are
 utilised by companies or organisations in the territory being visited by the Short-term
 business visitor, provided that the training received is confined to observation,
 familiarisation and classroom instruction only;
 e) trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting
 their company or its products or services;
 f) sales: representatives of a supplier of services or goods taking orders or negotiating the
 sale of services or goods or entering into agreements to sell services or goods for that
 supplier, but not delivering goods or supplying services themselves. Short-term business
 visitors shall not engage in making direct sales to the general public;
 g) purchasing: buyers purchasing goods or services for an enterprise, or management and
 supervisory personnel, engaging in a commercial transaction carried out in the territory of
 the Party of which the Short-term business visitor is a natural person;
 h) after-sales or after-lease service: installers, repair and maintenance personnel and
 supervisors, possessing specialised knowledge essential to a seller's contractual obligation,
 supplying services or training workers to supply services pursuant to a warranty or other
 service contract incidental to the sale or lease of commercial or industrial equipment or
 machinery, including computer software, purchased or leased from a legal person of the
 Party of which the Short-term business visitor is a natural person throughout the duration of
 the warranty or service contract;
 i) commercial transactions: management and supervisory personnel and financial services
 personnel (including insurers, bankers and investment brokers) engaging in a commercial
 transaction for a legal person of the Party of which the Short-term business visitor is a
 natural person;
 j) tourism personnel: tour and travel agents, tour guides or tour operators attending or
 participating in conventions or accompanying a tour that has begun in the territory of the
 Party of which the Short-term business visitor is a natural person; and
 770
 ---pagebreak--- k) translation and interpretation: translators or interpreters supplying services as employees
 of a legal person of the Party of which the Short-term business visitor is a natural person.
 771
 ---pagebreak--- ANNEX SERVIN-4: CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS
 1. Each Party shall allow the supply of services in its territory by contractual service suppliers or
 independent professionals of the other Party through the presence of natural persons, in accordance
 with Article SERVIN.4.4 [Contractual Service Suppliers and Independent Professionals], for the
 sectors listed in this Annex and subject to the relevant limitations.
 2. The list below is composed of the following elements:
 (a) the first column indicating the sector or sub-sector for which the category of contractual
 service suppliers and independent professionals is liberalised; and
 (b) the second column describing the applicable limitations.
 3. In addition to the list of reservations in this Annex, each Party may adopt or maintain a
 measure relating to qualification requirements, qualification procedures, technical standards,
 licensing requirements or licensing procedures that does not constitute a limitation within the
 meaning of Article SERVIN.4.4 [Contractual Service Suppliers and Independent Professionals]. These
 measures, which include requirements to obtain a licence, obtain recognition of qualifications in
 regulated sectors or to pass specific examinations, such as language examinations, even if not listed
 in this Annex, apply in any case to contractual service suppliers or independent professionals of the
 Parties.
 4. The Parties do not undertake any commitment for contractual service suppliers and
 independent professionals in economic activities which are not listed.
 5. In identifying individual sectors and sub-sectors: CPC means the Central Products
 Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77,
 CPC prov., 1991.
 6. In the sectors where economic needs tests are applied, their main criteria will be the
 assessment of:
 (a) for the United Kingdom, the relevant market situation in the United Kingdom; and
 (b) for the Union, the relevant market situation in the Member State of the European Union
 or the region where the service is to be provided, including with respect to the number of,
 and the impact on, services suppliers who are already supplying a service when the
 assessment is made.
 7. The schedules in paragraphs 10 to 13 apply only to the territories of the United Kingdom and
 the European Union in accordance with Article FINPROV.1 [Territorial Scope] and Article OTH.9.2
 [Geographical Scope] and are only relevant in the context of trade relations between the European
 Union and its Member States with the United Kingdom. They do not affect the rights and obligations
 of the Member States under Union law.
 8. For greater certainty, for the European Union, the obligation to grant national treatment
 does not entail the requirement to extend to natural or legal persons of the United Kingdom the
 treatment granted in a Member State, in application of the Treaty on the Functioning of the
 European Union, or of any measure adopted pursuant to that Treaty, including their implementation
 in the Member States, to:
 (i) natural persons or residents of another Member State; or
 772
 ---pagebreak--- (ii) legal persons constituted or organised under the law of another Member State or of the
 European Union and having their registered office, central administration or principal place
 of business in the European Union.
 9. The following abbreviations are used in the lists below:
 AT Austria
 BE Belgium
 BG Bulgaria
 CY Cyprus
 CZ Czech Republic
 DE Germany
 DK Denmark
 EE Estonia
 EL Greece
 ES Spain
 EU European Union, including all its Member States
 FI Finland
 FR France
 HR Croatia
 HU Hungary
 IE Ireland
 IT Italy
 LT Lithuania
 LU Luxembourg
 LV Latvia
 MT Malta
 NL The Netherlands
 PL Poland
 PT Portugal
 773
 ---pagebreak--- RO Romania
 SE Sweden
 SI Slovenia
 SK Slovak Republic
 CSS Contractual Service Suppliers
 IP Independent Professionals
 Contractual Service Suppliers
 10. Subject to the list of reservations in paragraphs 12 and 13, the Parties takes commitments in
 accordance with Article SERVIN.4.4 [Contractual Service Suppliers and Independent Professionals]
 with respect to the mode 4 category of Contractual Service Suppliers in the following sectors or sub-
 sectors:
 (a) Legal advisory services in respect of public international law and home jurisdiction
 law;
 (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) Medical and dental services;
 (g) Veterinary services;
 (h) Midwives services;
 (i) Services provided by nurses, physiotherapists and paramedical personnel;
 (j) Computer and related services;
 (k) Research and development services;
 (l) Advertising services;
 (m) Market research and opinion polling;
 (n) Management consulting services;
 (o) Services related to management consulting;
 (p) Technical testing and analysis services;
 774
 ---pagebreak--- (q) Related scientific and technical consulting services;
 (r) Mining;
 (s) Maintenance and repair of vessels;
 (t) Maintenance and repair of rail transport equipment;
 (u) Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road
 transport equipment;
 (v) Maintenance and repair of aircrafts and parts thereof;
 (w) Maintenance and repair of metal products, of (non office) machinery, of (non
 transport and non office) equipment and of personal and household goods;
 (x) Translation and interpretation services;
 (y) Telecommunication services;
 (z) Postal and courier services;
 (aa) Construction and related engineering services;
 (bb) Site investigation work;
 (cc) Higher education services;
 (dd) Services relating to agriculture, hunting and forestry;
 (ee) Environmental services;
 (ff) Insurance and insurance related services advisory and consulting services;
 (gg) Other financial services advisory and consulting services;
 (hh) Transport advisory and consulting services;
 (ii) Travel agencies and tour operators' services;
 (jj) Tourist guides services;
 (kk) Manufacturing advisory and consulting services.
 775
 ---pagebreak--- Independent Professionals
 11. Subject to the list of reservations in paragraphs 12 and 13, the Parties takes commitments in
 accordance with Article SERVIN.4.4 [Contractual Service Suppliers and Independent Professionals]
 with respect to the mode 4 category of Independent Professionals in the following sectors or sub-
 sectors:
 (a) Legal advisory services in respect of public international law and home jurisdiction
 law;
 (b) Architectural services and urban planning and landscape architectural services;
 (c) Engineering services and integrated engineering services;
 (d) Computer and related services;
 (e) Research and development services;
 (f) Market research and opinion polling;
 (g) Management consulting services;
 (h) Services related to management consulting;
 (i) Mining;
 (j) Translation and interpretation services;
 (k) Telecommunication services;
 (l) Postal and courier services;
 (m) Higher education services;
 (n) Insurance related services advisory and consulting services;
 (o) Other financial services advisory and consulting services;
 (p) Transport advisory and consulting services;
 (q) Manufacturing advisory and consulting services.
 12. The European Union’s reservations are:
 776
 ---pagebreak--- Sector or sub-sector Description of reservations
 All sectors CSS and IP:
 In AT: Maximum stay 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 less.
 In CZ: Maximum stay shall be for a period of not more than 12 consecutive
 months or for the duration of the contract, whichever is less.
 Legal advisory services in CSS:
 respect of public international In AT, BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, PT, SE: None.
 law and home jurisdiction law
 In BG, CZ, DK, FI, HU, LT, LV, MT, RO, SI, SK: Economic needs test.
 (part of CPC 861)
 IP:
 In AT, CY, DE, EE, FR, HR, IE, LU, LV, NL, PL, PT, SE: None.
 In BE, BG, CZ, DK, EL, ES, FI, HU, IT, LT, MT, RO, SI, SK: Economic needs
 tests.
 Accounting and bookkeeping CSS:
 services In AT, BE, DE, EE, ES, HR, IE, IT, LU, NL, PL, PT, SI, SE: None.
 (CPC 86212 other than In BG, CZ, CY, DK, EL, FI, FR, HU, LT, LV, MT, RO, SK: Economic needs test.
 "auditing services", 86213,
 86219 and 86220)
 IP:
 EU: Unbound.
 Taxation advisory services CSS:
 (CPC 863)122 In AT, BE, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE: None.
 In BG, CZ, CY, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.
 In PT: Unbound.
 IP:
 EU: Unbound.
 122
 Does not include legal advisory and legal representational services on tax matters, which are under
 legal advisory services in respect of public international law and home jurisdiction law.
 777
 ---pagebreak--- Sector or sub-sector Description of reservations
 Architectural services CSS:
 and In BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.
 In FI: None, except: The natural person must demonstrate that he or she
 Urban planning and possesses special knowledge relevant to the service being supplied.
 landscape architectural
 In BG, CZ, DE, HU, LT, LV, RO, SK: Economic needs test.
 services
 In DK: Economic needs test, except for CSS stays of up to three months.
 (CPC 8671 and 8674)
 In AT: Planning services only, where: Economic needs test.
 IP:
 In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE: None.
 In FI: None, except: The natural person must demonstrate that he or she
 possesses special knowledge relevant to the service being supplied.
 In BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
 In AT: Planning services only, where: Economic needs test.
 Engineering services CSS:
 and In BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.
 Integrated engineering In FI: None, except: The natural person must demonstrate that he or she
 services possesses special knowledge relevant to the service being supplied.
 (CPC 8672 and 8673) In BG, CZ, DE, HU, LT, LV, RO, SK: Economic needs test.
 In DK: Economic needs test, except for CSS stays of up to three months.
 In AT: Planning services only, where: Economic needs test.
 IP:
 In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE: None.
 In FI: None, except: The natural person must demonstrate that he or she
 possesses special knowledge relevant to the service being supplied.
 In BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
 In AT: Planning services only, where: Economic needs test.
 Medical (including CSS:
 psychologists) and dental In SE: None.
 services
 In CY, CZ, DE, DK, EE, ES, IE, IT, LU, MT, NL, PL, PT, RO, SI: Economic needs
 (CPC 9312 and part of 85201) test.
 In FR: Economic needs test, except for psychologists, where: Unbound.
 In AT: Unbound, except for psychologists and dental services, where:
 Economic needs test.
 In BE, BG, EL, FI, HR, HU, LT, LV, SK: Unbound.
 IP:
 EU: Unbound.
 778
 ---pagebreak--- Sector or sub-sector Description of reservations
 Veterinary services CSS:
 (CPC 932) In SE: None.
 In CY, CZ, DE, DK, EE, EL, ES, FI, FR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SI:
 Economic needs test.
 In AT, BE, BG, HR, HU, LV, SK: Unbound.
 IP:
 EU: Unbound.
 Midwives services CSS:
 (part of CPC 93191) In IE, SE: None.
 In AT, CY, CZ, DE, DK, EE, EL, ES, FR, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI:
 Economic needs test.
 In BE, BG, FI, HR, HU, SK: Unbound.
 IP:
 EU: Unbound.
 Services provided by nurses, CSS:
 physiotherapists and In IE, SE: None.
 paramedical personnel
 In AT, CY, CZ, DE, DK, EE, EL, ES, FR, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI:
 (part of CPC 93191) Economic needs test.
 In BE, BG, FI, HR, HU, SK: Unbound.
 IP:
 EU: Unbound.
 Computer and related CSS:
 services In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, LV, MT, NL, PL, PT, SI, SE: None.
 (CPC 84) In FI: None, except: The natural person must demonstrate that he or she
 possesses special knowledge relevant to the service being supplied.
 In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
 In DK: Economic needs test except for CSS stays of up to three months.
 IP:
 In DE, EE, EL, FR, IE, LU, LV, MT, NL, PL, PT, SI, SE: None.
 In FI: None, except: The natural person must demonstrate that he or she
 possesses special knowledge relevant to the service being supplied.
 In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
 In HR: Unbound.
 779
 ---pagebreak--- Sector or sub-sector Description of reservations
 Research and development CSS:
 Services EU except in NL, SE: A hosting agreement with an approved research
 (CPC 851, 852 excluding organisation is required124.
 psychologists services123, EU except in CZ, DK, SK: None
 and 853)
 In CZ, DK, SK: Economic needs test.
 IP:
 EU except in NL, SE: A hosting agreement with an approved research
 organisation is required125.
 EU except in BE, CZ, DK, IT, SK: None
 In BE, CZ, DK, IT, SK: Economic needs test.
 Advertising services CSS:
 (CPC 871) In BE, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, PT, SI, SE: None.
 In AT, BG, CZ, CY, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.
 IP:
 EU: Unbound, except NL. In NL: None.
 Market research and opinion CSS:
 polling services In BE, DE, EE, ES, FR, IE, IT, LU, NL, PL, SE: None.
 (CPC 864) In AT, BG, CZ, CY, DK, EL, FI, HR, LV, MT, RO, SI, SK: Economic needs test.
 In PT: None, except for public opinion polling services (CPC 86402), where:
 Unbound.
 In HU, LT: Economic needs test, except for public opinion polling services
 (CPC 86402), where: Unbound.
 IP:
 In DE, EE, FR, IE, LU, NL, PL, SE: None.
 In AT, BE, BG, CZ, CY, DK, EL, ES, FI, HR, IT, LV, MT, RO, SI, SK: Economic
 needs test.
 In PT: None, except for public opinion polling services (CPC 86402), where:
 Unbound.
 In HU, LT: Economic needs test, except for public opinion polling services
 (CPC 86402), where: Unbound.
 123
 Part of CPC 85201, which is under medical and dental services.
 124
 For all Member States except DK, the approval of the research organisation and the hosting
 agreement must meet the conditions set pursuant to EU Directive 2005/71/EC of 12 October 2005.
 125
 For all Member States except DK, the approval of the research organisation and the hosting
 agreement must meet the conditions set pursuant to EU Directive 2005/71/EC of 12 October 2005.
 780
 ---pagebreak--- Sector or sub-sector Description of reservations
 Management consulting CSS:
 services In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 (CPC 865) In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
 In DK: Economic needs test, except for CSS stays of up to three months.
 IP:
 In CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.
 In AT, BE, BG, CZ, DK, ES, HR, HU, IT, LT, RO, SK: Economic needs test.
 Services related to CSS:
 management consulting In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 (CPC 866) In AT, BG, CZ, CY, LT, RO, 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), where: Unbound.
 IP:
 In CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.
 In AT, BE, BG, CZ, DK, ES, HR, IT, LT, RO, SK: Economic needs test
 In HU: Economic needs test, except for arbitration and conciliation services
 (CPC 86602), where: Unbound.
 Technical testing and analysis CSS:
 services In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE: None.
 (CPC 8676) In AT, BG, CZ, CY, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.
 In DK: Economic needs test, except for CSS stays of up to three months.
 IP:
 EU: Unbound, except NL. In NL: None.
 Related scientific and CSS:
 technical consulting services In BE, EE, EL, ES, HR, IE, IT, LU, NL, PL, SI, SE: None.
 (CPC 8675) In AT, CZ,CY, DE, DK, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.
 In DE: None, except for publicly appointed surveyors, where: Unbound.
 In FR: None, except for "surveying" operations relating to the
 establishment of property rights and to land law, where: Unbound.
 In BG: Unbound.
 IP:
 EU: Unbound, except NL. In NL: None.
 781
 ---pagebreak--- Sector or sub-sector Description of reservations
 Mining (CPC 883, advisory and CSS:
 consulting services only) In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 In AT, BG, CZ,CY, HU, LT, RO, SK: Economic needs test.
 In DK: Economic needs test, except for CSS stays of up to three months.
 IP:
 In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
 In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, PL, RO, SK: Economic needs test.
 Maintenance and repair of CSS:
 vessels In BE, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None
 (part of CPC 8868) In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, MT, RO, SK: Economic needs test.
 IP:
 EU: Unbound, except NL. In NL: None.
 Maintenance and repair of CSS:
 rail transport equipment In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 (part of CPC 8868) In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test.
 IP:
 EU: Unbound, except NL. In NL: None.
 Maintenance and repair of CSS:
 motor vehicles, motorcycles, In BE, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None.
 snowmobiles and road
 In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, MT, RO, SK: Economic needs test.
 transport equipment
 (CPC 6112, 6122, part of 8867
 and part of 8868) IP:
 EU: Unbound, except NL. In NL: None.
 Maintenance and repair of CSS:
 aircraft and parts thereof In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 (part of CPC 8868) In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test.
 IP:
 EU: Unbound, except NL. In NL: None.
 782
 ---pagebreak--- Sector or sub-sector Description of reservations
 Maintenance and repair of CSS:
 metal products, of (non In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 office) machinery, of (non
 In AT, BG, CZ, CY, DE, DK, HU, IE, LT, RO, SK: Economic needs test.
 transport and non office)
 equipment and of personal In FI: Unbound, except in the context of an after-sales or after-lease
 and household goods126 contract; for maintenance and repair of personal and household goods
 (CPC 633): Economic needs test.
 (CPC 633, 7545, 8861, 8862,
 8864, 8865 and 8866)
 IP:
 EU: Unbound, except NL. In NL: None.
 Translation and CSS:
 interpretation services In BE, CY, DE, EE, EL, ES, FR, HR, IT, LU, MT, NL, PL, PT, SI, SE: None.
 (CPC 87905, excluding official In AT, BG, CZ, DK, FI, HU, IE, LT, LV, RO, SK: Economic needs test.
 or certified activities)
 IP:
 In CY, DE, EE, FR, LU, LV, MT, NL, PL, PT, SI, SE: None.
 In AT, BE, BG, CZ, DK, EL, ES, FI, HU, IE, IT, LT, RO, SK: Economic needs test.
 In HR: Unbound.
 Telecommunication services CSS:
 (CPC 7544, advisory and In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 consulting services only)
 In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
 In DK: Economic needs test, except for CSS stays of up to three months.
 IP:
 In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.
 In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
 Postal and courier services CSS:
 (CPC 751, advisory and In BE, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 consulting services only)
 In AT, BG, CZ, CY, FI, HU, LT, RO, SK: Economic needs test.
 In DK: Economic needs test, except for CSS stays of up to three months.
 IP:
 In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.
 In AT, BE, BG, CZ, CY, DK, ES, FI, HU, IT, LT, RO, SK: Economic needs test.
 126
 Maintenance and repair services of office machinery and equipment including computers (CPC 845)
 are under computer services.
 783
 ---pagebreak--- Sector or sub-sector Description of reservations
 Construction and related CSS:
 engineering services EU: Unbound except in BE, CZ, DK, ES, NL and SE.
 (CPC 511, 512, 513, 514, 515, In BE, DK, ES, NL, SE: None.
 516, 517 and 518. BG: CPC
 In CZ: Economic needs test.
 512, 5131, 5132, 5135, 514,
 5161, 5162, 51641, 51643,
 51644, 5165 and 517) IP:
 EU: Unbound, except NL. In NL: None.
 Site investigation work CSS:
 (CPC 5111) In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.
 In AT, BG, CZ,CY, FI, HU, LT, LV, RO, SK: Economic needs test.
 In DK: Economic needs test, except for CSS stays of up to three months.
 IP:
 EU: Unbound.
 Higher education services CSS:
 (CPC 923) EU except in LU, SE: Unbound.
 In LU: Unbound, except for university professors, where: None.
 In SE: None, except for publicly funded and privately funded educational
 services suppliers with some form of State support, where: Unbound.
 IP:
 EU except in SE: Unbound.
 In SE: None, except for publicly funded and privately funded educational
 services suppliers with some form of State support, where: Unbound.
 Agriculture, hunting and CSS:
 forestry (CPC 881, advisory EU except in BE, DE, DK, ES, FI, HR and SE: Unbound
 and consulting services only)
 In BE, DE, ES, HR, SE: None
 In DK: Economic needs test.
 In FI: Unbound, except for advisory and consulting services relating to
 forestry, where: None.
 IP:
 EU: Unbound.
 Environmental services CSS:
 (CPC 9401, 9402, 9403, 9404, In BE, EE, ES, FI, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.
 part of 94060, 9405, part of In AT, BG, CZ, CY, DE, DK, EL, HU, LT, LV, RO, SK: Economic needs test.
 9406 and 9409)
 IP:
 EU: Unbound.
 784
 ---pagebreak--- Sector or sub-sector Description of reservations
 Insurance and insurance CSS:
 related services (advisory and In BE, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 consulting services only)
 In AT, BG, CZ,CY, FI, LT, RO, SK: Economic needs test.
 In DK: Economic needs test except for CSS stays of up to three months.
 In HU: Unbound.
 IP:
 In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
 In AT, BE, BG, CZ, CY, DK, ES, FI, IT, LT, PL, RO, SK: Economic needs test.
 In HU: Unbound.
 Other financial services CSS:
 (advisory and consulting In BE, DE, ES, EE, EL, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 services only)
 In AT, BG, CZ, CY, FI, LT, RO, SK: Economic needs test.
 In DK: Economic needs test, except for CSS that stays of up to three
 months.
 In HU: Unbound.
 IP:
 In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
 In AT, BE, BG, CZ, CY, DK, ES, FI, IT, LT, PL, RO, SK: Economic needs test.
 In HU: Unbound.
 Transport (CPC 71, 72, 73, and CSS:
 74, advisory and consulting In DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 services only)
 In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
 In DK: Economic needs test, except for CSS stays of up to three months.
 In BE: Unbound.
 IP:
 In CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
 In AT, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.
 In PL: Economic needs test, except for air transport, where: None.
 In BE: Unbound.
 785
 ---pagebreak--- Sector or sub-sector Description of reservations
 Travel agencies and tour CSS:
 operators services (including In AT, CY, CZ, DE, EE, ES, FR, HR, IT, LU, NL, PL, SI, SE: None.
 tour managers127)
 In BG, EL, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.
 (CPC 7471)
 In DK: Economic needs test, except for CSS stays of up to three months.
 In BE, IE: Unbound, except for tour managers, where: None.
 IP:
 EU: Unbound.
 Tourist guides services CSS:
 (CPC 7472) In NL, PT, SE: None.
 In AT, BE, BG, CY, CZ, DE, DK, EE, FI, FR, EL, HU, IE, IT, LV, LU, MT, RO, SK,
 SI: Economic needs test.
 In ES, HR, LT, PL: Unbound.
 IP:
 EU: Unbound.
 Manufacturing (CPC 884, and CSS:
 885, advisory and consulting In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
 services only)
 In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.
 In DK: Economic needs test, except for CSS stays of up to three months.
 IP:
 In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.
 In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, PL, RO, SK: Economic needs test.
 13. The United Kingdom’s reservations are:
 Sector or sub-sector Description of reservations
 All sectors None
 Legal advisory services in CSS:
 respect of public None.
 international law and home
 jurisdiction law
 IP:
 (part of CPC 861)
 None.
 127
 Services suppliers whose function is to accompany a tour group of a minimum of 10 natural persons,
 without acting as guides in specific locations.
 786
 ---pagebreak--- Sector or sub-sector Description of reservations
 Accounting and bookkeeping CSS:
 services None.
 (CPC 86212 other than
 "auditing services", 86213,
 IP:
 86219 and 86220)
 Unbound.
 Taxation advisory services CSS:
 (CPC 863)128 None.
 IP:
 Unbound.
 Architectural services CSS:
 and None.
 Urban planning and
 IP:
 landscape architectural
 services None.
 (CPC 8671 and 8674)
 Engineering services CSS:
 and None.
 Integrated engineering
 services IP:
 (CPC 8672 and 8673) None.
 Medical (including CSS:
 psychologists) and dental Unbound.
 services
 (CPC 9312 and part of 85201)
 IP:
 Unbound.
 Veterinary services CSS:
 (CPC 932) Unbound.
 IP:
 Unbound.
 128
 Does not include legal advisory and legal representational services on tax matters, which are under
 legal advisory services in respect of public international law and home jurisdiction law.
 787
 ---pagebreak--- Sector or sub-sector Description of reservations
 Midwives services CSS:
 (part of CPC 93191) Unbound.
 IP:
 Unbound.
 Services provided by nurses, CSS:
 physiotherapists and Unbound.
 paramedical personnel
 (part of CPC 93191)
 IP:
 Unbound.
 Computer and related CSS:
 services UK: None.
 (CPC 84)
 IP:
 None.
 Research and development CSS:
 Services None
 (CPC 851, 852 excluding
 psychologists services129,
 IP:
 and 853)
 None
 Advertising services CSS:
 (CPC 871) None.
 IP:
 Unbound.
 Market research and opinion CSS:
 polling services None.
 (CPC 864)
 IP:
 None.
 Management consulting CSS:
 services None.
 (CPC 865)
 IP:
 None.
 129
 Part of CPC 85201, which is under medical and dental services.
 788
 ---pagebreak--- Sector or sub-sector Description of reservations
 Services related to CSS:
 management consulting None.
 (CPC 866)
 IP:
 None.
 Technical testing and analysis CSS:
 services None.
 (CPC 8676)
 IP:
 Unbound.
 Related scientific and CSS:
 technical consulting services None.
 (CPC 8675)
 IP:
 Unbound.
 Mining (CPC 883, advisory and CSS:
 consulting services only) None.
 IP:
 None.
 Maintenance and repair of CSS:
 vessels None
 (part of CPC 8868)
 IP:
 Unbound.
 Maintenance and repair of CSS:
 rail transport equipment None.
 (part of CPC 8868)
 IP:
 Unbound.
 Maintenance and repair of CSS:
 motor vehicles, motorcycles, None.
 snowmobiles and road
 transport equipment
 IP:
 (CPC 6112, 6122, part of 8867
 and part of 8868) Unbound.
 789
 ---pagebreak--- Sector or sub-sector Description of reservations
 Maintenance and repair of CSS:
 aircraft and parts thereof None.
 (part of CPC 8868)
 IP:
 Unbound.
 Maintenance and repair of CSS:
 metal products, of (non None.
 office) machinery, of (non
 transport and non office)
 equipment and of personal IP:
 and household goods130 Unbound.
 (CPC 633, 7545, 8861, 8862,
 8864, 8865 and 8866)
 Translation and CSS:
 interpretation services None.
 (CPC 87905, excluding official
 or certified activities)
 IP:
 None.
 Telecommunication services CSS:
 (CPC 7544, advisory and None.
 consulting services only)
 IP:
 None.
 Postal and courier services CSS:
 (CPC 751, advisory and None.
 consulting services only)
 IP:
 None.
 Construction and related CSS:
 engineering services Unbound.
 (CPC 511, 512, 513, 514, 515,
 516, 517 and 518. BG: CPC
 IP:
 512, 5131, 5132, 5135, 514,
 5161, 5162, 51641, 51643, Unbound.
 51644, 5165 and 517)
 130
 Maintenance and repair services of office machinery and equipment including computers (CPC 845)
 are under computer services.
 790
 ---pagebreak--- Sector or sub-sector Description of reservations
 Site investigation work CSS:
 (CPC 5111) None.
 IP:
 Unbound.
 Higher education services CSS:
 (CPC 923) Unbound.
 IP:
 Unbound.
 Agriculture, hunting and CSS:
 forestry (CPC 881, advisory Unbound
 and consulting services only)
 IP:
 Unbound.
 Environmental services CSS:
 (CPC 9401, 9402, 9403, 9404, None.
 part of 94060, 9405, part of
 9406 and 9409)
 IP:
 Unbound.
 Insurance and insurance CSS:
 related services (advisory and None.
 consulting services only)
 IP:
 None.
 Other financial services CSS:
 (advisory and consulting None.
 services only)
 IP:
 None.
 Transport (CPC 71, 72, 73, and CSS:
 74, advisory and consulting None.
 services only)
 IP:
 None.
 791
 ---pagebreak--- Sector or sub-sector Description of reservations
 Travel agencies and tour CSS:
 operators services (including None.
 tour managers131)
 (CPC 7471)
 IP:
 Unbound.
 Tourist guides services CSS:
 (CPC 7472) None.
 IP:
 Unbound.
 Manufacturing (CPC 884, and CSS:
 885, advisory and consulting None.
 services only)
 IP:
 None.
 131
 Services suppliers whose function is to accompany a tour group of a minimum of 10 natural persons,
 without acting as guides in specific locations.
 792
 ---pagebreak--- ANNEX SERVIN-5: MOVEMENT OF NATURAL PERSONS
 Article 1: Entry and temporary stay-related procedural commitments
 The Parties shall endeavour to ensure that the processing of applications for entry and temporary
 stay pursuant to their respective commitments in the Agreement follows good administrative
 practice:
 (a) Each Party shall ensure that fees charged by competent authorities for the processing of
 applications for entry and temporary stay do not unduly impair or delay trade in services
 under this Agreement;
 (b) subject to the discretion of the competent authorities of each Party, documents required from
 an applicant for applications for the grant of entry and temporary stay of short-term visitors
 for business purposes should be commensurate with the purpose for which they are collected;
 (c) complete applications for the grant of entry and temporary stay shall be processed by the
 competent authorities of each Party as expeditiously as possible;
 (d) the competent authorities of each Party shall endeavour to provide, without undue delay,
 information in response to any reasonable request from an applicant concerning the status of
 an application;
 (e) if the competent authorities of a Party require additional information from an applicant in
 order to process the application, they shall endeavour to notify, without undue delay, the
 applicant;
 (f) the competent authorities of each Party shall notify the applicant of the outcome of the
 application promptly after a decision has been taken;
 (g) if an application is approved, the competent authorities of each Party shall notify the applicant
 of the period of stay and other relevant terms and conditions;
 (h) if an application is denied, the competent authorities of a Party shall, upon request or upon
 their own initiative make available to the applicant information on any available review and
 appeal procedures; and
 (i) each Party shall endeavour to accept and process applications in electronic format.
 Article 2: Additional procedural commitments applying to intra-corporate transferees and their
 partner, children and family members132
 1. The competent authorities of each Party shall adopt a decision on an application for an intra-
 corporate transferee entry or temporary stay or a renewal thereof and notify the decision to the
 applicant in writing, in accordance with the notification procedures under national law, as soon as
 possible but not later than 90 days after the date on which the complete application was submitted.
 132
 Paragraphs 1, 2 and 3 do not apply for the Member States that are not subject to the application of the
 Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions
 of entry and residence of third-country nationals in the framework of an intra- corporate transfer ("ICT
 Directive").
 793
 ---pagebreak--- 2. Where the information or documentation supplied in support of the application is
 incomplete, the competent authorities concerned shall endeavour to notify the applicant within a
 reasonable period of the additional information that is required and set a reasonable deadline for
 providing it. The period referred to in paragraph 1 shall be suspended until the competent
 authorities have received the additional information required.
 3. The Union shall extend to family members of natural persons of the United Kingdom, who
 are intra-corporate transferees to the Union, the right of entry and temporary stay granted to family
 members of an intra-corporate transferee under Article 19 of Directive 2014/66/EU of the European
 Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-
 country nationals in the framework of an intra-corporate transfer.
 4. The United Kingdom shall allow the entry and temporary stay of partners and dependent
 children of intra-corporate transferees, as allowed under the United Kingdom’s Immigration Rules.
 5. The United Kingdom shall allow the partners and dependent children of intra-corporate
 transferees referred to in paragraph 4 to work for the duration of their visa, in an employed or self-
 employed capacity, and shall not require them to obtain a work permit.
 794
 ---pagebreak--- ANNEX SERVIN-6: GUIDELINES FOR ARRANGEMENTS ON THE RECOGNITION OF PROFESSIONAL
 QUALIFICATIONS
 SECTION A: General Provisions
 Introduction
 1. This Annex contains guidelines for arrangements on the conditions for the recognition of
 professional qualifications (“arrangements”), as foreseen by Article SERVIN.5.13 [Professional
 qualifications].
 2. Pursuant to that Article, these guidelines shall be taken into account in the development of
 joint recommendations by professional bodies or authorities of the Parties (“joint
 recommendations”).
 3. The guidelines are non-binding, non-exhaustive and do not modify or affect the rights and
 obligations of the Parties under this Agreement. They set out the typical content of arrangements,
 and provide general indications as to the economic value of an arrangement and the compatibility of
 the respective professional qualifications regimes.
 4. Not all elements of these guidelines may be relevant in all cases and professional bodies and
 authorities are free to include in their joint recommendations any other element that they consider
 pertinent for the arrangements of the profession and the professional activities concerned,
 consistent with this Agreement.
 5. The guidelines should be taken into account by the Partnership Council when deciding
 whether to develop and adopt arrangements. They are without prejudice to its review of the
 consistency of joint recommendations with Title II [Services and Investment] of Heading One [Trade]
 of Part Two [Trade, transport and fisheries]and its discretion to take into account the elements it
 deems relevant, including those contained in joint recommendations.
 SECTION B: Form and Content of an Arrangement
 6. This section sets out the typical content of an arrangement, some of which is not within the
 remit of the professional bodies or authorities preparing joint recommendations. These aspects
 constitute, nonetheless, useful information to be taken into account in the preparation of joint
 recommendations, so that they are better adapted to the possible scope of an arrangement.
 7. Matters addressed specifically in this Agreement which apply to arrangements (such as the
 geographical scope of an arrangement, its interaction with scheduled non-conforming measures, the
 system of dispute resolution, appeal mechanisms, monitoring and review mechanisms of the
 arrangement) should not be addressed by joint recommendations.
 8. An arrangement may specify different mechanisms for the recognition of professional
 qualifications within a Party. It may also be limited, but not necessarily so, to setting the scope of the
 arrangement, the procedural provisions, the effects of recognition and additional requirements, and
 the administrative arrangements.
 9. An arrangement which is adopted by the Partnership Council should reflect the degree of
 discretion that is intended to be preserved for competent authorities deciding on recognition.
 Scope of an Arrangement
 795
 ---pagebreak--- 10. The arrangement should set out:
 (a) the specific regulated profession(s), relevant professional title(s) and the activity or group of
 activities covered by the scope of practice of the regulated profession in both Parties (“scope
 of practice”); and
 (b) whether it covers the recognition of professional qualifications for the purpose of access to
 professional activities on a fixed-term or an indefinite basis.
 Conditions for recognition
 11. The arrangement may specify in particular:
 (a) the professional qualifications necessary for recognition under the arrangement (for example,
 evidence of formal qualification, professional experience, or other attestation of
 competence);
 (b) the degree of discretion preserved by recognition authorities when assessing requests for
 recognition of these qualifications; and
 (c) the procedures to deal with variations and gaps between professional qualifications and
 means to bridge the differences, including the possibility for imposing any compensatory
 measures or any other relevant conditions and limitations.
 Procedural provisions
 12. The arrangement may set out:
 (a) the documents required and the form in which they should be presented (for example, by
 electronic or other means, whether they should be supported by translations or certifications
 of authenticity, etc.);
 (b) the steps and procedures in the recognition process, including those relating to possible
 compensatory measures, corresponding obligations and timelines; and
 (c) the availability of information relevant to all aspects of the recognition processes and
 requirements.
 Effects of recognition and additional requirements
 13. The arrangement may set out provisions on the effects of recognition (if relevant, also in
 respect of different modes of supply);
 14. The arrangement may describe any additional requirements for the effective exercise of the
 regulated profession in the host Party. Such requirements may include:
 (a) registration requirements with local authorities;
 (b) appropriate language skills;
 (c) proof of good character;
 (d) compliance with the requirements of the host Party for use of trade or firm names;
 796
 ---pagebreak--- (e) compliance with the rules of ethics, independence and professional conduct requirements of
 the host Party;
 (f) need to obtain professional indemnity insurance;
 (g) rules on disciplinary action, financial responsibility and professional liability; and
 (h) requirements for continuous professional development.
 Administration of the arrangement
 15. The arrangement should set out the terms under which it can be reviewed or revoked, and
 the effects of any revision or revocation. Consideration may also be given to the inclusion of
 provisions concerning the effects of any recognition previously accorded.
 SECTION C: Economic value of an envisaged arrangement
 16. Pursuant to Article SERVIN 5.13(2) [Professional qualifications], joint recommendations shall
 be supported by an evidence-based assessment of the economic value of an envisaged arrangement.
 This may consist of an evaluation of the economic benefits that an arrangement is expected to bring
 to the economies of both Parties. Such an assessment may assist the Partnership Council when
 developing and adopting an arrangement.
 17. Aspects such as the existing level of market openness, industry needs, market trends and
 developments, client expectations and requirements and business opportunities would constitute
 useful elements.
 18. The evaluation is not required to be a full and detailed economic analysis, but should
 provide an explanation of the interest of the profession in, and the expected benefits for the Parties
 ensuing from, the adoption of an arrangement.
 SECTION D: Compatibility of respective professional qualification regimes
 19. Pursuant to Article SERVIN 5.13(2) [Professional qualifications], joint recommendations shall
 be supported by an evidence-based assessment of the compatibility of the respective professional
 qualification regimes. This assessment may assist the Partnership Council when developing and
 adopting an arrangement.
 20. The following process aims at guiding professional bodies and authorities when assessing
 the compatibility of the respective professional qualifications and activities with a view to simplifying
 and facilitating the recognition of professional qualifications.
 Step One: Assessment of the scope of practice and the professional qualifications required to
 practise the regulated profession in each Party.
 21. The assessment of the scope of practice and of the professional qualifications required to
 practise a regulated profession in each of the Parties should be based on all relevant information.
 22. The following elements should be identified:
 (a) activities or groups of activities covered by the scope of practice of the regulated profession in
 each Party; and
 797
 ---pagebreak--- (b) the professional qualifications required in each Party to practise the regulated profession,
 which may include any of the following elements:
 (i) the minimum education required, for example, entry requirements, level of education, length
 of study and contents of study;
 (ii) the minimum professional experience required, for example, location, length and conditions
 of practical training or supervised professional practice prior to registration, licensing or
 equivalent;
 (iii) examinations passed, especially examinations of professional competency; and
 (iv) obtention the acquisition of a licence, or equivalent, certifying, inter alia, the fulfilment of the
 necessary professional qualification requirements for the pursuit of the profession.
 Step Two: Evaluation of the divergence between the scope of practice of, or the professional
 qualifications required to practise, the regulated profession in each Party.
 23. The evaluation of the divergence in the scope of practice of, or in the professional
 qualifications required to practise, the regulated profession, in each Party, should in particular
 identify divergence that is substantial.
 24. Substantial divergence in the scope of practice may exist if all of the following conditions are
 met:
 (a) one or more activities covered by a regulated profession in the host Party are not covered by
 the corresponding profession in the Party of origin;
 (b) such activities are subject to specific training in the host Party;
 (c) the training for such activities in the host Party covers matters substantially diverging from
 those covered by the applicant's qualification.
 25. Substantial divergence in the professional qualifications required to practise a regulated
 profession may exist if there are divergences in the Parties’ requirements with regard to the level,
 duration or content of the training that is required for the pursuit of activities covered by the
 regulated profession.
 Step Three: Recognition mechanisms
 26. There may be different mechanisms for the recognition of professional qualifications,
 depending on the circumstances. There may be different mechanisms within a Party.
 27. If there is no substantial divergence in the scope of practice and in the professional
 qualifications required to practise a regulated profession, an arrangement may provide for a simpler,
 more streamlined recognition process than would be the case where substantial divergence exists.
 28. If there is substantial divergence, the arrangement may provide for compensatory measures
 which are sufficient to remedy such divergence.
 29. Where compensatory measures are used to reduce substantial divergence, they should be
 proportionate to the divergence that they seek to address. Any practical professional experience or
 798
 ---pagebreak--- formally validated training could be taken into account to assess the extent of the compensatory
 measures needed.
 30. Whether or not the divergence is substantial, the arrangement may take account of the
 degree of discretion that is intended to be preserved for competent authorities deciding on
 recognition requests.
 31. Compensatory measures may take different forms, including:
 (a) a period of supervised practice of a regulated profession in the host Party, possibly
 accompanied by further training, under the responsibility of a qualified person and subject to
 a regulated assessment;
 (b) a test made or recognised by the relevant authorities of the host Party to assess the
 applicant’s ability to practice a regulated profession in that Party; or
 (c) a temporary limitation of the scope of practice; or a combination of those.
 32. The arrangement could envisage that a choice be given to applicants between different
 compensatory measures where this could limit the administrative burden for applicants and such
 measures are equivalent.
 799
 ---pagebreak--- ANNEX PPROC-1: PUBLIC PROCUREMENT
 SECTION A: Relevant provisions of the GPA:
 Articles I to III, IV.1.a, IV.2 to IV.7, VI to XV, XVI.1 to XVI.3, XVII and XVIII.
 SECTION B: Market access commitments
 For the purposes of this Section, “CPC” means the Provisional Central Product Classification
 (Statistical Papers, Series M No. 77, Department of International Economic and Social Affairs,
 Statistical Office of the United Nations, New York, 1991).
 Sub-section B1: European Union
 In accordance with Articles PPROC 2.2 and PPROC 2.3, Title VI [PUBLIC PROCUREMENT] of Heading
 One of Part Two applies, in addition to the procurement covered by the annexes of the European
 Union to Appendix I to the GPA, to the procurement covered by this Sub-section.
 The Notes in Annexes 1 to 7 of the European Union to Appendix I to the GPA also apply to the
 procurement covered by this Sub-section, unless otherwise provided for in this Sub-section.
 Procurement covered by this Sub-section
 1. Additional procuring entities
 Procurement of goods and services as set out in Annexes 4 to 6 of the European Union to Appendix I
 to the GPA, and in paragraph 2 of this Sub-section, by the following procuring entities of the
 Member States:
 (a) all contracting entities whose procurement is covered by the EU utilities directive which are
 contracting authorities (e.g. those covered under Annex 1 and Annex 2 to Appendix I to the
 GPA) or public undertakings133 and which have as one of their activities
 (i) the provision or operation of fixed networks intended to provide a service to the
 public in connection with the production, transport or distribution of gas or heat or
 the supply of gas or heat to such networks, or
 133
 According to the EU utilities directive, a public undertaking is any undertaking over which the
 contracting authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of
 it, their financial participation therein, or the rules which govern it.
 A dominant influence on the part of the contracting authorities shall be presumed when these authorities,
 directly or indirectly, in relation to an undertaking:
 i. hold the majority of the undertaking's subscribed capital, or
 ii. control the majority of the votes attaching to shares issued by the undertaking, or
 iii. can appoint more than half of the undertaking's administrative, management or supervisory
 body.
 800
 ---pagebreak--- (ii) any combination between such activity and those referred to in Annex 3 to Appendix I
 to the GPA;
 (b) privately-owned procuring entities that have as one of their activities any of those referred to
 in point (a) of this paragraph, in point 1 of Annex 3 to Appendix I to the GPA, or any
 combination thereof and operate on the basis of special or exclusive rights granted by a
 competent authority of a Member State;
 with regard to procurement equal to or above the following thresholds:
 - 400,000 SDR for procurement of goods and services
 - 5,000,000 SDR for procurement of construction services (CPC 51).
 2. Additional services
 Procurement of the following services, in addition to the services listed under Annex 5 of the
 European Union to Appendix I to the GPA, for entities covered under Annexes 1 to 3 of the European
 Union to Appendix I to the GPA or under paragraph 1 of this Sub-section:
 - Hotel and restaurant services (CPC 641);
 - Food serving services (CPC 642);
 - Beverage serving services (CPC 643);
 - Telecommunication related services (CPC 754);
 - Real estate services on a fee or contract basis (CPC 8220);
 - Other business services (CPC 87901, 87903, 87905-87907);
 - Education services (CPC 92).
 Notes
 1. Hotel and restaurant services (CPC 641), food serving services (CPC 642), beverage serving
 services (CPC 643) and education services (CPC 92) contracts are included under the national
 treatment regime for the suppliers, including service providers, of the United Kingdom, provided
 that their value equals or exceeds EUR 750,000 when they are awarded by procuring entities
 covered under Annexes 1 and 2 of the European Union to Appendix I to the GPA and that their value
 equals or exceeds EUR 1,000,000 when they are awarded by procuring entities covered under Annex
 3 of the European Union to Appendix I to the GPA or by procuring entities covered by paragraph 1 of
 this Sub-section.
 2. The supply of gas or heat to networks which provide a service to the public by a procuring
 entity other than a contracting authority shall not be considered as an activity within the meaning of
 this Sub-section where:
 (a) the production of gas or heat by the entity concerned takes place because its consumption is
 necessary for carrying out an activity other than that referred to in this Sub-section or in
 paragraphs (a) to (f) of Annex 3 of the European Union to Appendix I to the GPA; and
 801
 ---pagebreak--- (b) the supply to the public network is aimed only at the economic exploitation of such
 production and amounts to not more than 20 % of the entity’s turnover on the basis of the
 average for the preceding three years, including the current year.
 3. Title VI [PUBLIC PROCUREMENT] of Heading One of Part Two and this Annex do not cover
 procurement of the following services:
 (a) Human health services (CPC 931);
 (b) Administrative healthcare services (CPC 91122); and
 (c) Supply services of nursing personnel and supply services of medical personnel (CPC 87206 and
 CPC 87209).
 Sub-section B2: United Kingdom
 In accordance with Articles PPROC 2.2 and PPROC 2.3, Title VI [PUBLIC PROCUREMENT] of Heading
 One of Part Two applies, in addition to the procurement covered by Article II of the GPA, to the
 procurement covered by this Sub-section.
 The Notes in Annexes 1 to 7 of the United Kingdom to Appendix I to the GPA also apply to the
 procurement covered by this Sub-section, unless otherwise provided for in this Sub-section.
 Procurement covered by this Sub-section
 1. Additional procuring entities
 Procurement of goods and services as set out in Annexes 4 to 6 of the United Kingdom’s Appendix I
 to the GPA, and in paragraph 2 of this Sub-section, by the following procuring entities of the United
 Kingdom:
 (a) all contracting entities whose procurement is covered by the Utilities Contracts Regulation 2016
 and the Utilities Contracts (Scotland) Regulations 2016 which are contracting authorities (e.g. those
 covered under Annex 1 and Annex 2 to Appendix I to the GPA) or public undertakings (see Note:1)
 and which have as one of their activities
 (i) the provision or operation of fixed networks intended to provide a service to the
 public in connection with the production, transport or distribution of gas or heat or
 the supply of gas or heat to such networks, or
 (ii) any combination between such activity and those referred to in Annex 3 to Appendix I
 to the GPA;
 (b) privately-owned procuring entities that have as one of their activities any of those referred to in
 point (a) of this paragraph, in point 1 of Annex 3 to Appendix I to the GPA, or any combination
 thereof and operate on the basis of special or exclusive rights granted by a competent authority of
 the United Kingdom;
 with regard to procurement equal to or above the following thresholds:
 - 400,000 SDR for procurement of goods and services
 802
 ---pagebreak--- - 5,000,000 SDR for procurement of construction services (CPC 51).
 Notes to paragraph 1:
 1. According to the Utilities Contracts Regulations 2016, a "public undertaking" means
 any undertaking over which contracting authorities may exercise directly or indirectly a
 dominant influence by virtue of:
 (a) their ownership of that undertaking;
 (b) their financial participation in that undertaking; or
 (c) the rules which govern that undertaking.
 2. According to the Utilities Contracts (Scotland) Regulations 2016, a "public
 undertaking" means a person over which one or more contracting authorities are able to
 exercise, directly or indirectly, a dominant influence by virtue of one or more of the following:
 (a) their ownership of that person;
 (b) their financial participation in that person;
 (c) the rights accorded to them by the rules which govern that person.
 3. According to both the Utilities Contracts Regulations 2016 and the Utilities Contracts
 (Scotland) Regulations 2016, a dominant influence on the part of contracting authorities is
 presumed in any of the following cases in which those authorities, directly or indirectly:
 (a) hold the majority of the undertaking's subscribed capital;
 (b) control the majority of the votes attaching to shares issued by the undertaking;
 (c) can appoint more than half of the undertaking's administrative, management or
 supervisory body.
 2. Additional services
 Procurement of the following services, in addition to the services listed under Annex 5 of the United
 Kingdom to Appendix I to the GPA, for entities covered under Annexes 1 to 3 of the United Kingdom
 to Appendix I to the GPA or under paragraph 1 of this Sub-section:
 - Hotel and restaurant services (CPC 641);
 - Food serving services (CPC 642);
 - Beverage serving services (CPC 643);
 - Telecommunication related services (CPC 754);
 - Real estate services on a fee or contract basis (CPC 8220);
 - Other business services (CPC 87901, 87903, 87905-87907);
 803
 ---pagebreak--- - Education services (CPC 92).
 Notes
 1. Hotel and restaurant services (CPC 641), food serving services (CPC 642), beverage serving
 services (CPC 643) and education services (CPC 92) contracts are included under the national
 treatment regime for the suppliers, including service providers, of the European Union, provided
 that their value equals or exceeds GBP 663,540 when they are awarded by procuring entities
 covered under Annexes 1 and 2 of the United Kingdom to Appendix I to the GPA and that their value
 equals or exceeds GBP 884,720 when they are awarded by procuring entities covered under Annex 3
 of the United Kingdom to Appendix I to the GPA or by procuring entities covered by paragraph 1 of
 this Section.
 2. The supply of gas or heat to networks which provide a service to the public by a procuring
 entity other than a contracting authority shall not be considered as an activity within the meaning of
 this Section where:
 (a) the production of gas or heat by the entity concerned takes place because its consumption is
 necessary for carrying out an activity other than that referred to in this Section or in
 paragraphs (a) to (f) of Annex 3 of the United Kingdom to Appendix I to the GPA; and
 (b) the supply to the public network is aimed only at the economic exploitation of such
 production and amounts to not more than 20% of the entity’s turnover on the basis of the
 average for the preceding three years, including the current year.
 3. Title VI [PUBLIC PROCUREMENT] of Heading One of Part Two and this Annex do not cover
 procurement of the following services:
 (a) Human health services (CPC 931);
 (b) Administrative healthcare services (CPC 91122); and
 (c) Supply services of nursing personnel and supply services of medical personnel (CPC 87206 and
 CPC 87209).
 804
 ---pagebreak--- ANNEX ENER-1: LISTS OF ENERGY GOODS, HYDROCARBONS AND RAW MATERIALS
 LIST OF ENERGY GOODS BY HS CODE
 - Natural gas, including liquefied natural gas, liquefied petroleum gas (LPG) (HS code 27.11)
 - Electrical energy (HS code 27.16)
 - Crude oil and oil products (HS code 27.09 - 27.10, 27.13-27.15)
 - Solid fuels (HS code 27.01, HS code 27.02, HS code 27.04)
 - Fuel wood and wood charcoal (HS code 44.01 and HS code 44.02 goods used for energy)
 - Biogas (HS code 38.25)
 LIST OF HYDROCARBONS BY HS CODE
 - Crude oil (HS code 27.09)
 - Natural gas (HS code 27.11)
 LIST OF RAW MATERIALS BY HS CHAPTER
 Chapter Heading
 25 Salt; sulphur; earths and stone; plastering materials, lime and cement
 Ores, slag and ash, with the exception of uranium or thorium ores or concentrates
 26 (HS code 26.12)
 Mineral fuels, mineral oils and products of their distillation; bituminous
 27 substances; mineral waxes
 Inorganic chemicals; organic or inorganic compounds of precious metals, of
 rare-earth metals; of radioactive elements or of isotopes, with the exception of
 radioactive chemical elements and radioactive isotopes (including the fissile or
 fertile chemical elements and isotopes) and their compounds; mixtures and
 residues containing these products (HS code 28.44); and isotopes other than
 those of heading no. 28.44; compounds, inorganic or organic, of such isotopes,
 28 whether or not chemically defined (HS code 28.45)
 29 Organic chemicals
 31 Fertilisers
 Natural or cultured pearls, precious or semi-precious stones, precious metals,
 metals clad with precious metal, and articles thereof, with the exception of
 pearls, natural or cultured, whether or not worked or graded but not strung,
 mounted or set; pearls, natural or cultured, temporarily strung for the
 71 convenience of transport (HS code 7101)
 72 Iron and steel
 74 Copper and articles thereof
 75 Nickel and articles thereof
 76 Aluminium and articles thereof
 805
 ---pagebreak--- 78 Lead and articles thereof
 79 Zinc and articles thereof
 80 Tin and articles thereof
 81 Other base metals; cermets; articles thereof
 806
 ---pagebreak--- ANNEX ENER-2: ENERGY AND ENVIRONMENTAL SUBSIDIES
 As part of the principles set out in Article 3.5(14) [Prohibited subsidies and subsidies subject to
 conditions (Energy and environment)] of Chapter three [Subsidy control] of Title XI [Level playing
 field for open and fair competition and sustainable development] of Heading One [Trade] of Part
 Two of this Agreement:
 (1) Subsidies for electricity generation adequacy, renewable energy and cogeneration shall not
 undermine the ability of a Party to meet its obligations under Article ENER.6 [Provisions
 relating to wholesale electricity and gas markets] of this Agreement, shall not unnecessarily
 affect the efficient use of electricity interconnectors provided for under Article ENER.13
 [Efficient use of electricity interconnectors], and, without prejudice to Article ENER 6(3)
 [Provisions relating to wholesale electricity and gas markets] of this Agreement, shall be
 determined by means of a transparent, non-discriminatory and effective competitive
 process; and
 (a) subsidies for electricity generation adequacy shall provide incentives for capacity
 providers to be available in times of expected system stress and may be limited to
 installations not exceeding specified CO2 emission limits; and
 (b) subsidies for renewable energy and cogeneration shall not affect beneficiaries’
 obligations or opportunities to participate in electricity markets.
 (2) Notwithstanding point 1, provided that appropriate measures are put in place to prevent
 overcompensation, non-competitive procedures may be used to grant subsidies for
 renewable energy and cogeneration if the potential supply is insufficient to ensure a
 competitive process, the eligible capacity is unlikely to have a material effect on trade or
 investment between the Parties, or subsidies are granted for demonstration projects.
 (3) If partial exemptions from energy-related taxes and levies134 in favour of energy-intensive
 users are introduced, such exemptions shall not exceed the total amount of the tax or levy.
 (4) If compensation for electricity-intensive users is granted in the event of an increase in
 electricity cost resulting from climate policy instruments, it shall be restricted to sectors at
 significant risk of carbon leakage due to the cost increase.
 (5) Subsidies for the decarbonisation of emissions linked to own industrial activities shall
 achieve an overall reduction in greenhouse gas emissions. The subsidies shall reduce the
 emissions directly resulting from the industrial activity. Subsidies for improvements of the
 energy efficiency of own industrial activities shall improve energy efficiency by reducing
 energy consumption, either directly or per unit of production.
 134
 For greater certainty, levies do not include network charges or tariffs.
 807
 ---pagebreak--- ANNEX ENER-3: NON-APPLICATION OF THIRD-PARTY ACCESS AND OWNERSHIP UNBUNDLING TO
 INFRASTRUCTURE
 A Party may decide not to apply Article ENER.8 [Third-party access to transmission and distribution
 networks] and Article ENER.9 [System operation and unbundling of transmission network operators]
 to new infrastructure or to a significant expansion of existing infrastructure where:
 (a) the risk attached to the investment in the infrastructure is such that the investment would not
 take place unless an exemption is granted;
 (b) the investment enhances competition or security of supply;
 (c) the infrastructure is owned by a natural or legal person separate, at least in terms of its legal
 form, from the system operators in whose systems it was or is to be built;
 (d) before granting the exemption, the Party has decided on the rules and mechanisms for
 management and allocation of capacity.
 808
 ---pagebreak--- ANNEX ENER-4: ALLOCATION OF ELECTRICITY INTERCONNECTOR CAPACITY AT THE DAY-AHEAD
 MARKET TIMEFRAME
 Part 1
 1. The new procedure for the allocation of capacity on electricity interconnectors at the day-ahead
 market timeframe shall be based on the concept of “Multi-region loose volume coupling”.
 The overall objective of the new procedure shall be to maximise the benefits of trade.
 As the first step in developing the new procedure, the Parties shall ensure that transmission system
 operators prepare outline proposals and a cost-benefit analysis.
 2. Multi-region loose volume coupling shall involve the development of a market coupling function to
 determine the net energy positions (implicit allocation) between:
 (a) bidding zones established in accordance with Regulation (EU) 2019/943, which are directly
 connected to the United Kingdom by an electricity interconnector; and
 (b) the United Kingdom.
 3. The net energy positions over electricity interconnectors shall be calculated via an implicit allocation
 process by applying a specific algorithm to:
 (a) commercial bids and offers for the day-ahead market timeframe from the bidding zones
 established in accordance with Regulation (EU) 2019/943 which are directly connected to the
 United Kingdom by an electricity interconnector;
 (b) commercial bids and offers for the day-ahead market timeframe from relevant day-ahead
 markets in the United Kingdom;
 (c) network capacity data and system capabilities determined in accordance with the procedures
 agreed between transmission system operators; and
 (d) data on expected commercial flows of electricity interconnections between bidding zones
 connected to the United Kingdom and other bidding zones in the Union, as determined by
 Union transmission system operators using robust methodologies.
 This process shall be compatible with the specific characteristics of direct current electricity
 interconnectors, including losses and ramping requirements.
 4. The market coupling function shall:
 (a) produce results sufficiently in advance of the operation of the Parties’ respective day-ahead
 markets (for the Union this is single day-ahead coupling established in accordance with
 809
 ---pagebreak--- Commission Regulation (EU) 2015/1222135) in order that such results may be used as inputs
 into the processes which determine the results in those markets;
 (b) produce results which are reliable and repeatable;
 (c) be a specific process to link the distinct and separate day-ahead markets in the Union and
 the United Kingdom; in particular, this means that the specific algorithm shall be distinct and
 separate from that used in single day-ahead coupling established in accordance with
 Regulation (EU) 2015/1222 and, in respect of commercial bids and offers of the Union, only
 have access to those from bidding zones which are directly connected to the United
 Kingdom by an electricity interconnector.
 5. The calculated net energy positions shall be published following validation and verification. If the
 market coupling function is unable either to operate or to produce a result, electricity
 interconnector capacity shall be allocated by a fall-back process, and market participants shall be
 notified that the fall-back process will apply.
 6. The costs of developing and implementing the technical procedures shall be equally shared between
 the relevant United Kingdom transmission system operators or other entities, on the one side, and
 relevant Union transmission system operators or other entities, on the other side, unless the
 Specialised Committee on Energy decides otherwise.
 Part 2
 The timeline for the implementation of this Annex shall be from the entry into force of this
 Agreement, as follows:
 (a) within 3 months – cost benefit analysis and outline of proposals for technical procedures;
 (b) within 10 months – proposal for technical procedures;
 (c) within 15 months – entry into operation of technical procedures.
 135
 Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and
 congestion management (OJ EU L 197, 25.7.2015, p. 24).
 810
 ---pagebreak--- ANNEX AVSAF-1: AIRWORTHINESS AND ENVIRONMENT CERTIFICATION
 SECTION A: General provisions
 Article 1: Purpose and scope
 1. The objective of this Annex is the implementation of cooperation in the following areas, in
 accordance with Article AVSAF.3(2) [Scope and implementation] of this Agreement, describing the
 terms, conditions and methods for reciprocal acceptance of findings of compliance and certificates:
 (a) airworthiness certificates and monitoring of civil aeronautical products referred to in point (a)
 of Article AVSAF.3(1) [Scope and implementation] of this Agreement;
 (b) environmental certificates and testing of civil aeronautical products referred to in point (b) of
 Article AVSAF.3(1) [Scope and implementation] of this Agreement; and
 (c) design and production certificates and monitoring of design and production organisations
 referred to in point (c) Article AVSAF.3(1) [Scope and implementation] of this Agreement.
 2. Notwithstanding paragraph 1, used civil aeronautical products, other than used aircraft, are
 excluded from the scope of this Annex.
 Article 2: Definitions
 For the purposes of this Annex, the following definitions apply:
 (a) “acceptance” means the recognition of certificates, approvals, changes, repairs, documents
 and data of one Party by the other Party without validation activities and without issuing a
 corresponding certificate by that other Party;
 (b) “authorised release certificate” means a certificate issued by an approved organisation or a
 competent authority of the exporting Party as a form of recognition that a new civil
 aeronautical product, other than an aircraft, conforms to a design approved by the exporting
 Party and is in a condition for safe operation;
 (c) “category of civil aeronautical products” means a set of products sharing common
 characteristics, as grouped in the technical implementation procedures, on the basis of EASA
 and UK CAA Certification Specifications;
 (d) “certificating authority” means the technical agent of the exporting Party that issues a design
 certificate for a civil aeronautical product in its capacity as an authority carrying out the State
 of Design responsibilities set out in Annex 8 to the Convention on International Civil Aviation.
 When a design certificate is issued by an approved organisation of the exporting Party, the
 technical agent of the exporting Party is considered as the certificating authority;
 (e) “design certificate” means a form of recognition by the technical agent or an approved
 organisation of a Party that the design or change to a design of a civil aeronautical product
 complies with airworthiness requirements, as applicable, and environmental protection
 requirements, in particular concerning environmental characteristics set out in laws,
 regulations and administrative provisions of that Party;
 811
 ---pagebreak--- (f) “design-related operational requirements” means the operational, including environmental,
 requirements affecting either the design features of the civil aeronautical product or data on
 the design relating to the operations, or the maintenance of that product, which make it
 eligible for a particular kind of operation;
 (g) “export” means the process by which a civil aeronautical product is released from the
 regulatory system for civil aviation safety of a Party to that of the other Party;
 (h) “export certificate of airworthiness” means a certificate issued by the competent authority of
 the exporting Party or, for used aircraft, by the competent authority of the State of Registry
 from which the product is exported as a form of recognition that an aircraft conforms to the
 applicable airworthiness and environmental protection requirements notified by the
 importing Party;
 (i) “exporting Party” means the Party from whose regulatory system for civil aviation safety a civil
 aeronautical product is released;
 (j) “import” means the process by which an exported civil aeronautical product from the
 regulatory system for civil aviation safety of a Party is introduced into that of the other Party;
 (k) “importing Party” means the Party into whose regulatory system for civil aviation safety a civil
 aeronautical product is introduced;
 (l) “major change” means all changes in type design other than “minor change”;
 (m) “minor change” means a change in type design that has no appreciable effect on the mass,
 balance, structural strength, reliability, operational characteristics, environmental
 characteristics, or other characteristics affecting the airworthiness of the civil aeronautical
 product;
 (n) “operational suitability data” means the required set of data to support and allow the type
 specific operational aspects of certain types of aircraft that are regulated under the regulatory
 system for civil aviation safety of the Union or of the United Kingdom. It must be designed by
 the type certificate applicant or holder for the aircraft and be part of the type certificate.
 Under the regulatory system for civil aviation safety of the Union or of the United Kingdom, an
 initial application for a type certificate or restricted type certificate shall include, or be
 subsequently supplemented by, the application for approval of operational suitability data, as
 applicable to the aircraft type;
 (o) “production approval” means a certificate issued by the competent authority of a Party to a
 manufacturer which produces civil aeronautical products, as a form of recognition that the
 manufacturer complies with applicable requirements set out in laws, regulations and
 administrative provisions of that Party for the production of the particular civil aeronautical
 products;
 (p) “technical implementation procedures” means the implementation procedures for this Annex
 developed by the technical agents of the Parties in accordance with Article AVSAF.3(5) [Scope
 and implementation] of this Agreement;
 (q) “validating authority” means the technical agent of the importing Party that accepts or
 validates, as specified in this Annex, a design certificate issued by the certificating authority.
 812
 ---pagebreak--- SECTION B: Certification Oversight Board
 Article 3: Establishment and composition
 1. The Certification Oversight Board, accountable to the Specialised Committee on Aviation
 Safety, is hereby established under the co-chairmanship of the technical agents of the Parties, as a
 technical coordination body responsible for the effective implementation of this Annex. It shall be
 composed of representatives from the technical agent of each Party and may invite additional
 participants to facilitate the fulfilment of its mandate.
 2. The Certification Oversight Board shall meet at regular intervals upon the request of either
 technical agent and take decisions and make recommendations by consensus. It shall develop and
 adopt its rules of procedure.
 Article 4: Mandate
 The mandate of the Certification Oversight Board shall include in particular:
 (a) developing, adopting, and revising the technical implementation procedures referred to in
 Article 6 [Technical implementation procedures];
 (b) sharing information on major safety concerns and, where appropriate, developing action plans
 to address them;
 (c) resolving technical issues falling within the responsibilities of the competent authorities and
 affecting the implementation of this Annex;
 (d) where appropriate, developing effective means of cooperation, technical support and
 exchange of information regarding safety and environmental protection requirements,
 certification systems, and quality management and standardisation systems;
 (e) conducting periodic reviews on the modalities of validation or acceptance of design
 certificates set out in Articles 10 [Modalities of the validation of design certificates] and 13
 [Acceptance];
 (f) proposing amendments to this Annex to the Specialised Committee on Aviation Safety;
 (g) in accordance with Article 29 [Continued qualifications of the competent authorities], defining
 procedures to ensure the continued confidence of each Party in the reliability of the other
 Party’s processes for findings of compliance;
 (h) analysing and taking action regarding the implementation of the procedures referred to in
 point (g); and
 (i) reporting unresolved issues to the Specialised Committee on Aviation Safety and ensuring the
 implementation of decisions taken by the Specialised Committee on Aviation Safety regarding
 this Annex.
 SECTION C: Implementation
 813
 ---pagebreak--- Article 5: Competent authorities for design certification, production certification and export
 certificates
 1. The competent authorities for design certification are:
 (a) for the Union: the European Union Aviation Safety Agency; and
 (b) for the United Kingdom: the Civil Aviation Authority of the United Kingdom
 2. The competent authorities for production certification and export certificates are:
 (a) for the Union: the European Union Aviation Safety Agency and the competent authorities of
 the Member States. As regards an export certificate for used aircraft, it is the competent
 authority of the State of Registry for the aircraft from which the aircraft is exported; and
 (b) for the United Kingdom: the Civil Aviation Authority of the United Kingdom.
 Article 6: Technical implementation procedures
 1. The technical implementation procedures shall be developed by the technical agents of the
 Parties through the Certification Oversight Board in order to provide specific procedures to facilitate
 the implementation of this Annex, by defining the procedures for communication activities between
 the competent authorities of the Parties.
 2. The technical implementation procedures shall also address the differences between the
 Parties' civil aviation standards, rules, practices, procedures and systems related to the
 implementation of this Annex, as provided for in Article AVSAF.3(5) [Scope and implementation] of
 this Agreement.
 Article 7: Exchange and protection of confidential and proprietary data and information
 1. Data and information exchanged in the implementation of this Annex shall be subject to
 Article AVSAF.11 [Confidentiality and protection of data and information] of this Agreement.
 2. Data and information exchanged during the validation process shall be limited in nature and
 content to what is necessary for the purpose of compliance demonstration with applicable technical
 requirements, as detailed in the technical implementation procedures.
 3. Any disagreement with regard to a data and information exchange between the competent
 authorities shall be handled as detailed in the technical implementation procedures. Each Party shall
 retain the right to refer the disagreement to the Certification Oversight Board for resolution.
 SECTION D: Design certification
 Article 8: General principles
 1. This Section addresses all design certificates and changes thereto, where applicable, within
 the scope of this Annex, in particular:
 (a) type certificates, including restricted type certificates;
 (b) supplemental type certificates;
 814
 ---pagebreak--- (c) repair design approvals; and
 (d) technical standard order authorisations.
 2. The validating authority shall either validate, having regard to the level of involvement
 referred to in Article 12 [Level of involvement of the validating authority], or accept a design
 certificate or a change that has been, or is in the process of being, issued or approved by the
 certificating authority, in accordance with the terms and conditions set out in this Annex and as
 detailed in the technical implementation procedures, including its modalities of acceptance and
 validation of certificates.
 3. For the implementation of this Annex, each Party shall ensure that, in its regulatory system
 for civil aviation safety, the capability of any design organisation to assume its responsibilities is
 sufficiently controlled through a system of certification for design organisations.
 Article 9: Validation process
 1. An application for the validation of a design certificate of a civil aeronautical product shall be
 made to the validating authority through the certificating authority as detailed in the technical
 implementation procedures.
 2. The certificating authority shall ensure that the validating authority receives all the relevant
 data and information necessary for the validation of the design certificate, as detailed in the
 technical implementation procedures.
 3. Upon receiving the application for the validation of the design certificate, the validating
 authority shall determine the certification basis for the validation in accordance with Article 11
 [Certification basis for the validation], as well as the level of involvement of the validating authority
 in the validation process in accordance with Article 12 [Level of involvement of the validating
 authority].
 4. The validating authority shall, as detailed in the technical implementation procedures, base
 its validation to the maximum extent practicable on the technical evaluations, tests, inspections, and
 findings of compliance made by the certificating authority.
 5. The validating authority shall, after examining relevant data and information provided by the
 certificating authority, issue its design certificate for the validated civil aeronautical product
 (“validated design certificate”) when:
 (a) it is confirmed that the certificating authority has issued its own design certificate for the civil
 aeronautical product;
 (b) it has been stated by the certificating authority that the civil aeronautical product complies
 with the certification basis referred to in Article 11 [Certification basis for the validation];
 (c) all issues raised during the validation process conducted by the validating authority have been
 resolved; and
 (d) additional administrative requirements, as detailed in the technical implementation
 procedures, have been met by the applicant.
 815
 ---pagebreak--- 6. Each Party shall ensure that in order to obtain and maintain a validated design certificate,
 the applicant holds and retains at the disposal of the certificating authority all relevant design
 information, drawings and test reports, including inspection records for the certified civil
 aeronautical product, in order to provide the information necessary to ensure the continued
 airworthiness and compliance with applicable environmental protection requirements of the civil
 aeronautical product.
 Article 10: Modalities of the validation of design certificates
 1. Type certificates issued by the technical agent of the Union as certificating authority shall be
 validated by the technical agent of the United Kingdom as validating authority. The following data
 shall be subject to acceptance:
 (a) engine installation manual (for engine type certificate);
 (b) structural repair manual;
 (c) instruction for continued airworthiness of electrical wiring interconnection systems; and
 (d) weight balance manual.
 By way of technical implementation procedures, procedural detail may be established in respect of
 acceptance of the relevant data. Any such procedural detail must not affect the requirement of
 acceptance established in the first subparagraph.
 2. Significant supplemental type certificates and approvals for significant major changes issued
 by the technical agent of the Union as certificating authority shall be validated by the technical agent
 of the United Kingdom as validating authority. A streamlined validation process limited to the
 technical familiarisation without the involvement of the validating authority in the showing of
 compliance activities by the applicant shall be used as a matter of principle, unless otherwise
 decided by the technical agents on a case-by-case basis.
 3. Type certificates issued by the technical agent of the United Kingdom as certificating
 authority shall be validated by the technical agent of the Union as validating authority.
 4. Supplemental type certificates, approvals for major changes, major repairs and technical
 standard order authorisations issued by the technical agent of the United Kingdom as certificating
 authority or by an approved organisation under laws and regulations of the United Kingdom shall be
 validated by the technical agent of the Union as validating authority. A streamlined validation
 process limited to the technical familiarisation without the involvement of the validating authority in
 the showing of compliance activities by the applicant may be used when decided by the technical
 agents on a case-by-case basis.
 Article 11: Certification basis for the validation
 1. For the purpose of validating a design certificate of a civil aeronautical product, the
 validating authority shall refer to the following requirements set out in laws, regulations and
 administrative provisions of its Party in determining the certification basis:
 (a) the airworthiness requirements for a similar civil aeronautical product that were in effect on
 the effective application date established by the certificating authority, and complemented
 816
 ---pagebreak--- when applicable by additional technical conditions as detailed in the technical implementation
 procedures; and
 (b) the environmental protection requirements for the civil aeronautical product that were in
 effect on the date of the application for the validation to the validating authority.
 2. The validating authority shall specify, when applicable, any:
 (a) exemption to the applicable requirements;
 (b) deviation from the applicable requirements; or
 (c) compensating factors that provide an equivalent level of safety when applicable requirements
 are not complied with.
 3. In addition to the requirements set out in paragraphs 1 and 2, the validating authority shall
 specify any special condition to be applied if the related airworthiness codes, laws, regulations and
 administrative provisions do not contain adequate or appropriate safety requirements for the civil
 aeronautical product, because:
 (a) the civil aeronautical product has novel or unusual design features relative to the design
 practices on which the applicable airworthiness codes, laws, regulations and administrative
 provisions are based;
 (b) the intended use of the civil aeronautical product is unconventional; or
 (c) experience obtained from other, similar civil aeronautical products in service or civil
 aeronautical products having similar design features has shown that unsafe conditions may
 develop.
 4. When specifying exemptions, deviations, compensating factors or special conditions, the
 validating authority shall give due consideration to these applied by the certificating authority and
 they shall not be more demanding for the civil aeronautical products to be validated than they
 would be for its own similar products. The validating authority shall notify the certificating authority
 of any such exemptions, deviations, compensating factors or special conditions.
 Article 12: Level of involvement of the validating authority
 1. The level of involvement of the validating authority of a Party during the validation process
 referred to in Article 9 [Validation process] and as detailed in the technical implementation
 procedures, shall be mainly determined by:
 (a) the experience and records of the competent authority of the other Party as certificating
 authority;
 (b) the experience already gained by that validating authority during previous validation exercises
 with the competent authority of the other Party;
 (c) the nature of the design to be validated;
 (d) the performance and experience of the applicant with the validating authority; and
 817
 ---pagebreak--- (e) the outcome of qualification requirements assessments referred to in Articles 28
 [Qualification requirements for the acceptance of findings of compliance and certificates] and
 Article 29 [Continued qualifications of the competent authorities].
 2. The validating authority shall exercise special procedures and scrutiny, in particular
 regarding the certificating authority’s processes and methods, during the first validation of any
 certificate, where the certificating authority has not previously issued a certificate in the category of
 civil aeronautical products concerned after 30 September 2004. The procedures and criteria to be
 applied shall be detailed in the technical implementation procedures.
 3. The effective implementation of the principles set out in paragraphs 1 and 2 shall be
 regularly measured, monitored, reviewed by the Certification Oversight Board, using metrics as
 detailed in the technical implementation procedures.
 Article 13: Acceptance
 1 For a design certificate subject to acceptance, the validating authority shall accept the
 design certificate issued by the certificating authority without any validation activities. In that case,
 the design certificate shall be recognised by the validating authority as equivalent to a certificate
 issued in accordance with laws, regulations and administrative provisions of its Party and the
 validating authority shall not issue its corresponding certificate.
 2. Non-significant supplemental type certificates, non-significant major changes and technical
 standard order authorisations issued by the technical agent of the Union as certificating authority or
 by an approved organisation under Union law shall be accepted by the technical agent of the United
 Kingdom as validating authority.
 3. Minor changes and repairs approved by the technical agent of the Union as certificating
 authority or by an approved organisation under Union law shall be accepted by the technical agent
 of the United Kingdom as validating authority.
 4. Minor changes and minor repairs approved by the technical agent of the United Kingdom as
 certificating authority or by an approved organisation under laws and regulations of the United
 Kingdom shall be accepted by the technical agent of the Union as validating authority.
 Article 14: Implementation provisions for Articles 10 [Modalities of the validation of design
 certificates] and 13 [Acceptance]
 1. The minor change or major change classifications shall be made by the certificating authority
 in accordance with the definitions set out in this Annex and interpreted in accordance with the
 applicable rules and procedures of the certificating authority.
 2. For classifying a supplemental type certificate or major change as significant or non-
 significant, the certificating authority shall consider the change in the context of all previous relevant
 design changes and all related revisions to the applicable certification specifications incorporated in
 the type certificate for the civil aeronautical product. Changes that meet either of the following
 criteria are automatically considered as significant:
 (a) the general configuration or the principles of construction are not retained; or
 (b) the assumptions used for certification of the product to be changed do not remain valid.
 818
 ---pagebreak--- Article 15: Existing design certificates
 For the purposes of this Annex, the following apply:
 (a) type certificates, supplemental type certificates, approvals for changes and repairs, as well as
 technical standard order authorisations and changes thereto issued by the technical agent of
 the Union to United Kingdom applicants, or by an approved design organisation located in the
 United Kingdom, on the basis of Union law and valid on 31 December 2020 are deemed to
 have been issued by the technical agent of the United Kingdom as certificating authority or by
 an approved organisation under the laws and regulations of the United Kingdom and to have
 been accepted by the technical agent of the Union as validating authority in accordance with
 Article 13(1) [Acceptance];
 (b) type certificates, supplemental type certificates, approvals for changes and repairs, as well as
 technical standard order authorisations and changes thereto issued by the technical agent of
 the Union to Union applicants, or by a design organisation located in the Union, on the basis
 of Union law and valid on 31 December 2020 are deemed to have been accepted by the
 technical agent of the United Kingdom as validating authority in accordance with Article 13(1)
 [Acceptance].
 Article 16: Transfer of a design certificate
 In the event that a design certificate is transferred to another entity, the certificating authority
 responsible for the design certificate shall promptly notify the validating authority of the transfer
 and apply the procedure related to the transfer of design certificates as detailed in the technical
 implementation procedures.
 Article 17: Design-related operational requirements
 1. The technical agents shall ensure that, where necessary, data and information related to
 design-related operational requirements shall be exchanged during the validation process.
 2. Subject to decision by the technical agents for some design-related operational
 requirements, the validating authority may accept the compliance statement of the certificating
 authority through the validation process.
 Article 18: Operational documents and data related to the type
 1 Some type-specific sets of operational documents and data, including operational suitability
 data in the Union system and the equivalent data in the United Kingdom system, provided by the
 type certificate holder shall be approved or accepted by the certificating authority and, where
 necessary, exchanged during the validation process.
 2. Operational documents and data referred to in paragraph 1 may be either accepted or
 validated by the validating authority as detailed in the technical implementation procedures.
 Article 19: Concurrent validation
 When decided by the applicant and the technical agents, a concurrent certification and validation
 process may be used, where appropriate and as detailed in the technical implementation
 procedures.
 819
 ---pagebreak--- Article 20: Continuing airworthiness
 1. The competent authorities shall take action to address unsafe conditions in civil aeronautical
 products for which they are the certificating authority.
 2. Upon request, a competent authority of a Party shall, in respect of civil aeronautical
 products designed or manufactured under its regulatory system, assist the competent authority of
 the other Party in determining any action considered to be necessary for the continued
 airworthiness of the civil aeronautical products.
 3. When in-service difficulties or other potential safety issues affecting a civil aeronautical
 product within the scope of this Annex lead to an investigation conducted by the technical agent of a
 Party that is the certificating authority for the civil aeronautical product, the technical agent of the
 other Party shall, upon request, support that investigation, including by providing relevant
 information reported by relevant entities on failures, malfunctions, defects or other occurrences
 affecting that civil aeronautical product.
 4. The reporting obligations of the design certificate holders to the certificating authority and
 the information exchange mechanism established under this Annex shall be considered to fulfil the
 obligation of each design certificate holder to report failures, malfunctions, defects or other
 occurrences affecting that civil aeronautical product to the validating authority.
 5. Actions to address unsafe conditions and exchange of safety information referred to in
 paragraphs 1 to 4 shall be detailed in the technical implementation procedures.
 6. The technical agent of a Party shall keep the technical agent of the other Party informed of
 all its mandatory continuing airworthiness information in relation to civil aeronautical products
 designed or manufactured under its oversight system, and which are within the scope of this Annex.
 7. Any changes to the airworthiness status of a certificate issued by a Party's technical agent
 shall be communicated in a timely manner to the other Party’s technical agent.
 SECTION E: Production certification
 Article 21: Recognition of production certification and production oversight systems
 1. The importing Party shall recognise the production certification and production oversight
 system of the exporting Party, since the system is considered sufficiently equivalent to the system of
 the importing Party within the scope of this Annex, subject to the provisions of this Article.
 2. The recognition of the production certification and production oversight system of the
 United Kingdom by the Union is limited to the recognition of the production of categories of civil
 aeronautical products that were already subject to that system on 31 December 2020, as detailed in
 the technical implementation procedures.
 3. In the event that a new category of civil aeronautical products is added to the exporting
 Party’s production certification and production oversight system, the competent authority of the
 exporting Party shall notify the technical agent of the importing Party. Before extending the
 recognition of the production certification and production oversight system to the new category of
 civil aeronautical products, the technical agent of the importing Party may decide to conduct an
 assessment to confirm that the production certification and production oversight system of the
 exporting Party for this category of civil aeronautical products is sufficiently equivalent to the
 820
 ---pagebreak--- production certification and production oversight system of the importing Party. That assessment
 shall be performed as detailed in the technical implementation procedures, and may include an
 assessment of the production approval holder under the oversight of the competent authority of the
 exporting Party. The process for the extension of the recognition of the production certification and
 production oversight system of the exporting Party to the new category of civil aeronautical
 products by the importing Party shall be detailed in the technical implementation procedures.
 4. The recognition of the production certification and production oversight system of the
 exporting Party by the importing Party shall be subject to the level of safety provided by the
 production certification and production oversight system of the exporting Party remaining
 sufficiently equivalent to that provided by the system of the importing Party. The equivalence of the
 production certification and production oversight system shall be continuously monitored through
 the procedures set out in Article 29 [Continued qualifications of the competent authorities].
 5. Paragraphs 1 to 3 also apply to the production of a civil aeronautical product for which the
 State of Design responsibilities are exercised by a country other than the exporting Party of the civil
 aeronautical product, provided that the competent authority of the exporting Party has established
 and implemented the necessary procedures with the relevant authority of the State of Design to
 control the interface between the design certificate holder and the production approval holder for
 that civil aeronautical product.
 Article 22: Extension of production approval
 1. A production approval issued by the competent authority of the exporting Party to a
 manufacturer primarily located in the territory of that exporting Party and recognised under Article
 21(1) [Recognition of production certification and production oversight systems] may be extended to
 include manufacturing sites and facilities of the manufacturer located in the territory of the other
 Party or in the territory of a third country, irrespective of the legal status of those manufacturing
 sites and facilities, and irrespective of the type of civil aeronautical product manufactured in those
 sites and facilities. In that case, the competent authority of the exporting Party shall remain
 responsible for the oversight of those manufacturing sites and facilities and the competent authority
 of the importing Party shall not issue its own production approval to these manufacturing sites and
 facilities for the same civil aeronautical product.
 2. If facilities and manufacturing sites for a manufacturer primarily located in the territory of
 the exporting Party are located in the other Party, the competent authorities of both Parties shall
 cooperate with each other, in the framework of Article 32 [Support for certification and continued
 airworthiness oversight activities], with a view to having the importing Party participating in the
 oversight activities of the exporting Party in relation to these facilities.
 Article 23: Interface between the production approval holder and the design certificate holder
 1. In cases where the production approval holder for a civil aeronautical product is regulated
 by the competent authority of a Party, and the design certificate holder for the same civil
 aeronautical product is regulated by the competent authority of the other Party, the competent
 authorities of the Parties shall establish procedures to define the responsibilities of each Party to
 control the interface between the production approval holder and the design certificate holder.
 2. For the purpose of export of civil aeronautical products within the framework of this Annex,
 when the design certificate holder and the production approval holder are not the same legal entity,
 the competent authorities of the Parties shall ensure that the design certificate holder establishes
 821
 ---pagebreak--- proper arrangements with the production approval holder to ensure satisfactory coordination
 between design and production, and the proper support of the continued airworthiness of the civil
 aeronautical product.
 SECTION F: Export certificates
 Article 24: Forms
 The exporting Party’s forms are:
 (a) when the exporting Party is the United Kingdom, CAA Form 52 for new aircraft, export
 certificate of airworthiness for used aircraft, and CAA Form 1 for other new products; and
 (b) when the exporting Party is the Union, EASA Form 52 for new aircraft, export certificate of
 airworthiness for used aircraft, and EASA Form 1 for other new products.
 Article 25: Issuance of an export certificate
 1. When issuing an export certificate, the competent authority or production approval holder
 of the exporting Party shall ensure that such civil aeronautical product:
 (a) conforms to the design automatically accepted or validated, or certified by the importing
 Party in accordance with this Annex and as detailed in the technical implementation
 procedures;
 (b) is in a condition for safe operation;
 (c) meets all additional requirements notified by the importing Party; and
 (d) as regards civil aircraft, aircraft engines and aircraft propellers, complies with the applicable
 mandatory continuing airworthiness information, including airworthiness directives of the
 importing Party, as notified by that Party.
 2. When issuing an export certificate of airworthiness for a used aircraft registered in the
 exporting Party, in addition to the requirements referred to in points (a) to (d) of paragraph 1, the
 competent authority of the exporting Party shall ensure that such aircraft has been properly
 maintained using approved procedures and methods of the exporting Party during its service life, as
 evidenced by logbooks and maintenance records.
 Article 26: Acceptance of an export certificate for a new civil aeronautical product
 The competent authority of the importing Party shall accept an export certificate issued by the
 competent authority or a production approval holder of the exporting Party for a civil aeronautical
 product, in accordance with the terms and conditions set out in this Annex and as detailed in the
 technical implementation procedures.
 Article 27: Acceptance of an export certificate of airworthiness for a used aircraft
 1. The competent authority of the importing Party shall accept an export certificate of
 airworthiness issued by the competent authority of the exporting Party for a used aircraft in
 accordance with the terms and conditions set out in this Annex and the technical implementation
 822
 ---pagebreak--- procedures only if a holder of either a type certificate or a restricted type certificate exists for the
 used aircraft to support continued airworthiness of that type of aircraft.
 2. For an export certificate of airworthiness for a used aircraft manufactured under the
 production oversight of the exporting Party to be accepted in accordance with paragraph 1, the
 competent authority of the exporting Party shall assist, upon request, the competent authority of
 the importing Party in obtaining data and information regarding:
 (a) the configuration of the aircraft at the time of dispatch from the manufacturer; and
 (b) subsequent changes and repairs applied to the aircraft that it has approved.
 3. The importing Party may request inspection and maintenance records, as detailed in the
 technical implementation procedures.
 4. If, in the process of assessing the airworthiness status of a used aircraft considered for
 export, the competent authority of the exporting Party is unable to satisfy all of the requirements
 set out in Article 25(2) [Issuance of an export certificate] and in paragraphs 1 and 2 of this Article, it
 shall:
 (a) notify the competent authority of the importing Party;
 (b) coordinate with the competent authority of the importing Party, as detailed in the technical
 implementation procedures, their acceptance or rejection of the exceptions to the applicable
 requirements; and
 (c) keep a record of any accepted exceptions when exporting.
 SECTION G: Qualification of competent authorities
 Article 28: Qualification requirements for the acceptance of findings of compliance and certificates
 1. Each Party shall maintain a structured and effective certification and oversight system for
 the implementation of this Annex, including:
 (a) a legal and regulatory framework, ensuring in particular regulatory powers over entities
 regulated under the regulatory system for civil aviation safety of the Party;
 (b) an organisational structure, including a clear description of responsibilities;
 (c) sufficient resources, including qualified staff with sufficient knowledge, experience and
 training;
 (d) adequate processes documented in policies and procedures;
 (e) documentation and records; and
 (f) an established inspection programme ensuring a uniform level of implementation of the legal
 and regulatory framework among the various components of the oversight system.
 823
 ---pagebreak--- Article 29: Continued qualifications of the competent authorities
 1. In order to maintain mutual confidence in each Party's regulatory system concerning the
 implementation of this Annex so that they ensure a sufficiently equivalent level of safety, the
 technical agent of each Party shall regularly assess the other Party’s competent authorities’
 compliance with the qualification requirements referred to in Article 28 [Qualification requirements
 for the acceptance of findings of compliance and certificates]. The modalities of such continued
 mutual assessments shall be detailed in the technical implementation procedures.
 2. The competent authority of a Party shall cooperate with the competent authority of the
 other Party whenever such assessments are required and ensure that regulated entities subject to
 its oversight provide access to the technical agents of the Parties.
 3. If the technical agent of either Party believes that the technical competence of a competent
 authority of the other Party is no longer adequate, or that the acceptance of findings of compliance
 made or certificates issued by that competent authority should be suspended as the other Party’s
 systems concerning the implementation of this Annex no longer ensure a sufficiently equivalent level
 of safety to permit such acceptance, the technical agents of the Parties shall consult in order to
 identify remedial actions.
 4. If mutual confidence is not restored through mutually acceptable means, the technical agent
 of each Party may refer the matter referred to in paragraph 3 to the Certification Oversight Board.
 5. If the matter is not resolved by the Certification Oversight Board, each Party may refer the
 matter referred to in paragraph 3 to the Specialised Committee on Aviation Safety.
 SECTION H: Communications, consultations and support
 Article 30: Communications
 Subject to the exceptions decided by the technical agents of the Parties on a case-by-case basis, all
 communications between the competent authorities of the Parties, including documentation as
 detailed in the technical implementation procedures, shall be made in the English language.
 Article 31: Technical consultations
 1. The technical agents of the Parties shall address issues concerning the implementation of
 this Annex through consultations.
 2. If a mutually acceptable solution is not reached through consultations held pursuant to
 paragraph 1, the technical agent of each Party may refer an issue as referred to in paragraph 1 to the
 Certification Oversight Board.
 3. If the issue is not resolved by the Certification Oversight Board, each Party may refer an
 issue as referred to in paragraph 1 to the Specialised Committee on Aviation Safety.
 Article 32: Support for certification and continued airworthiness oversight activities
 Upon request, after mutual consent and as resources permit, the competent authority of a Party
 may provide technical support, data and information to the competent authority of the other Party
 in certification and continued airworthiness oversight activities related to design, production and
 824
 ---pagebreak--- environmental protection certification. The support to be provided and the process for providing
 such support shall be detailed in the technical implementation procedures.
 825
 ---pagebreak--- ANNEX ROAD-1: TRANSPORT OF GOODS BY ROAD
  Part A – Requirements for road haulage operators in accordance with Article ROAD.5 of this
 Agreement
 Section 1. Admission to, and the pursuit of, the occupation of road haulage operator
 Article 1 - Scope
 This Section governs admission to, and the pursuit of, the occupation of road haulage operator and
 shall apply to all road haulage operators of a Party engaged in the transport of goods within the
 scope of Article ROAD.4 [Transport of goods between, through and within the territories of the
 Parties] of this Agreement.
 Article 2 - Definitions
 For the purposes of this Section,
 (a) "authorisation to pursue the occupation of road haulage operator" means an administrative
 decision which authorises a natural or legal person who fulfils the conditions laid down in this
 Section to pursue the occupation of road haulage operator;
 (b) "competent authority" means a national, regional or local authority in a Party which, for the
 purpose of authorising the pursuit of the occupation of road haulage operator, verifies whether a
 natural or legal person fulfils the conditions laid down in this Section, and which is empowered to
 grant, suspend or withdraw an authorisation to pursue the occupation of road haulage operator; and
 (c) "normal residence" means the place where a person usually lives, that is for at least 185
 days in each calendar year, because of personal ties which show close links between that person and
 the place where that person is living.
 Article 3 - Requirements for engagement in the occupation of road haulage operator
 Natural or legal persons engaged in the occupation of road haulage operator shall:
 (a) have an effective and stable establishment in a Party as laid down in Article 5 of this
 Section;
 (b) be of good repute as laid down in Article 6 of this Section;
 (c) have appropriate financial standing as laid down in Article 7 of this Section; and
 (d) have the requisite professional competence as laid down in Article 8 of this Section.
 Article 4 - Transport manager
 1. A road haulage operator shall designate at least one natural person to be the transport
 manager, who effectively and continuously manages its transport activities and fulfils the
 requirements set out in points (b) and (d) of Article 3 and who:
 (a) has a genuine link to the road haulage operator, such as being an employee, director,
 owner or shareholder or administering it, or is that person; and
 (b) is resident in the Party in the territory of which the road haulage operator is established.
 826
 ---pagebreak--- 2. If a natural or legal person does not fulfil the requirement of professional competence, the
 competent authority may authorise the natural or legal person to engage in the occupation of road
 haulage operator without designating a transport manager in accordance with paragraph 1,
 provided that:
 (a) the natural or legal person designates a natural person residing in the Party of
 establishment of the road haulage operator who fulfils the requirements laid down in
 points (b) and (d) of Article 3 and who is entitled under contract to carry out duties as
 transport manager on behalf of the undertaking;
 (b) the contract linking the natural or legal person with the person referred to in point (a)
 specifies the tasks to be performed on an effective and continuous basis by that person
 and indicates that person's responsibilities as transport manager. The tasks to be specified
 shall comprise, in particular, those relating to vehicle maintenance management,
 verification of transport contracts and documents, basic accounting, the assignment of
 loads or services to drivers and vehicles, and the verification of safety procedures;
 (c) in his or her capacity as transport manager, the person referred to in point (a) may manage
 the transport activities of up to four different road haulage operators carried out with a
 combined maximum total fleet of 50 vehicles; and
 (d) the person referred to in point (a) performs the specified tasks solely in the interests of the
 natural or legal person and that person's responsibilities are exercised independently of
 any natural or legal persons for which it carries out transport operations.
 3. A Party may decide that a transport manager designated in accordance with paragraph 1
 may not in addition be designated in accordance with paragraph 2, or may only be so designated in
 respect of a limited number of natural or legal persons or a fleet of vehicles that is smaller than that
 referred to in point (c) of paragraph 2.
 4. The natural or legal person shall notify the competent authority of the transport manager or
 managers designated.
 Article 5 - Conditions relating to the requirement of establishment
 In order to fulfil the requirement of effective and stable establishment in the Party of establishment,
 a natural or legal person shall:
 (a) have premises at which it is able to access the originals of its core business documents,
 whether in electronic or any other form in particular its transport contracts, documents
 relating to the vehicles at the disposal of the natural or legal person, accounting
 documents, personnel management documents, labour contracts, social security
 documents, documents containing data on the dispatching and posting of drivers,
 documents containing data relating to journeys, driving time and rest periods, and any
 other document to which the competent authority must have access in order to verify
 compliance with the conditions laid down in this Section;
 (b) be registered in the register of commercial companies of that Party or in a similar register
 whenever required under national law;
 827
 ---pagebreak--- (c) be subject to tax on revenues and, whenever required under national law, have assigned a
 VAT registration number;
 (d) once an authorisation has been granted, have at its disposal one or more vehicles which
 are registered or put into circulation and authorised to be used in conformity with the
 legislation of that Party, regardless of whether those vehicles are wholly owned or, for
 example, are held under a hire-purchase agreement or under a hire or leasing contract;
 (e) effectively and continuously conduct its administrative and commercial activities with the
 appropriate equipment and facilities at premises as referred to in point (a) situated in that
 Party and manage effectively and continuously its transport operations using the vehicles
 referred to in point (f) with the appropriate technical equipment situated in that Party; and
 (f) on an ongoing basis, have at its regular disposal a number of vehicles complying with the
 conditions laid down in point (d) and drivers normally based at an operational centre in
 that Party, proportionate to the volume of transport operations carried out by the
 undertaking.
 Article 6 - Conditions relating to the requirement of good repute
 1. Subject to paragraph 2, the Parties shall determine the conditions to be met by natural or
 legal persons and transport managers in order to fulfil the requirement of good repute.
 In determining whether a natural or legal person has fulfilled that requirement, the Parties shall
 consider the conduct of the natural or legal person, its transport managers, executive directors and
 any other relevant person as may be determined by the Party. Any reference in this Article to
 convictions, penalties or infringements shall include convictions, penalties or infringements of the
 natural or legal person itself, its transport managers, executive directors and any other relevant
 person as may be determined by the Party.
 The conditions referred to in the first part of this paragraph shall include at least the following:
 (a) that there be no compelling grounds for doubting the good repute of the transport
 manager or the road haulage operator, such as convictions or penalties for any serious
 infringement of national rules in force in the fields of:
 (i) commercial law;
 (ii) insolvency law;
 (iii) pay and employment conditions in the profession;
 (iv) road traffic;
 (v) professional liability;
 (vi) trafficking in human beings or drugs;
 (vii) tax law; and
 (b) that the transport manager or the road haulage operator have not in one or both Parties
 been convicted of a serious criminal offence or incurred a penalty for a serious
 infringement of the rules of Title I of Heading Three of Part Two [Transport of goods by
 road] of this Agreement or of national rules relating in particular to:
 828
 ---pagebreak--- (i) the driving time and rest periods of drivers, working time and the installation
 and use of recording equipment;
 (ii) the maximum weights and dimensions of commercial vehicles used in
 international traffic;
 (iii) the initial qualification and continuous training of drivers;
 (iv) the roadworthiness of commercial vehicles, including the compulsory
 technical inspection of motor vehicles;
 (v) access to the market in international road haulage;
 (vi) safety in the carriage of dangerous goods by road;
 (vii) the installation and use of speed-limiting devices in certain categories of
 vehicle;
 (viii) driving licences;
 (ix) admission to the occupation;
 (x) animal transport;
 (xi) the posting of workers in road transport;
 (xii) the law applicable to contractual obligations; and
 (xiii) journeys whose points of loading and unloading are situated in the other
 Party.
 2. For the purposes of point (b) of the third subparagraph of paragraph 1 of this Article, where
 the transport manager or the road haulage operator has been convicted of a serious criminal offence
 or has incurred a penalty for one of the most serious infringements as set out in Appendix
 ROAD.A.1.1 in one or both Parties, the competent authority in the Party of establishment shall carry
 out and complete in an appropriate and timely manner an administrative procedure, which shall
 include, if appropriate, an on-site inspection at the premises of the natural or legal person
 concerned.
 During the administrative procedure, the competent authority shall assess whether, due to specific
 circumstances, the loss of good repute would constitute a disproportionate response in the
 individual case. In that assessment, the competent authority shall take into account the number of
 serious infringements of the rules as referred to in the third subparagraph of paragraph 1 of this
 Article, as well as the number of most serious infringements as set out in Appendix ROAD.A.1.1 for
 which the transport manager or the road haulage operator have been convicted or had penalties
 imposed on them. Any such finding shall be duly reasoned and justified.
 Where the competent authority finds that the loss of good repute would be disproportionate, it shall
 decide that the natural or legal person concerned continues to be of good repute. Where the
 competent authority does not find that the loss of good repute would be disproportionate, the
 conviction or penalty shall lead to the loss of good repute.
 3. The Specialised Committee on Road Transport shall draw up a list of categories, types and
 degrees of seriousness of serious infringements which, in addition to those set out in Appendix
 ROAD.A.1.1, may lead to the loss of good repute.
 829
 ---pagebreak--- 4. The requirement of good repute shall not be fulfilled until a rehabilitation measure or any
 other measure having an equivalent effect has been taken pursuant to the relevant provisions of
 national law of the Parties.
 Article 7 - Conditions relating to the requirement of financial standing
 1. In order to fulfil the requirement of financial standing, a natural or legal person shall, on a
 permanent basis, be able to meet its financial obligations in the course of the annual accounting
 year. The natural or legal person shall demonstrate, on the basis of annual accounts certified by an
 auditor or a duly accredited person, that, every year, it has at its disposal capital and reserves:
 (a) totalling at least EUR 9 000 / GBP 8 000 when only one motor vehicle is used, EUR 5 000 /
 GBP 4 500 for each additional motor vehicle or combination of vehicles used that has a
 permissible laden mass exceeding 3.5 tonnes and EUR 900 / GBP 800 for each additional
 motor vehicle or combination of vehicles that has a permissible laden mass, exceeding 2.5
 tonnes but not 3.5 tonnes;
 (b) natural or legal persons engaged in the occupation of road haulage operator solely by
 means of motor vehicles or combinations of vehicles that have a permissible laden mass
 exceeding 2.5 tonnes but not 3.5 tonnes shall demonstrate, on the basis of annual
 accounts certified by an auditor or a duly accredited person, that, every year, they have at
 their disposal capital and reserves totalling at least EUR 1 800 / GBP 1 600 when only one
 vehicle is used and EUR 900 / GBP 800 for each additional vehicle used.
 2. By way of derogation from paragraph 1, the competent authority may agree or require that
 an undertaking demonstrate its financial standing by means of a certificate determined by the
 competent authority, such as a bank guarantee or an insurance, including a professional liability
 insurance from one or more banks or other financial institutions including insurance companies or
 another binding document providing a joint and several guarantee for the undertaking in respect of
 the amounts specified in point (a) of paragraph 1.
 3. By way of derogation from paragraph 1, in the absence of certified annual accounts for the
 year of an undertaking's registration, the competent authority shall agree that an undertaking is to
 demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document
 issued by a financial institution establishing access to credit in the name of the undertaking, or
 another binding document as determined by the competent authority proving that the undertaking
 has at its disposal the amounts specified in point (a) of paragraph 1.
 4. The annual accounts referred to in paragraph 1, and the guarantee referred to in paragraph
 2, which are to be verified, are those of the economic entity established in the Party in which an
 authorisation has been applied for and not those of any other entity established in the other Party.
 Article 8 - Conditions relating to the requirement of professional competence
 1. In order to satisfy the requirement of professional competence, the person or persons
 concerned shall possess knowledge corresponding to the level provided for in Part I of Appendix
 ROAD.A.1.2 in the subjects listed therein. That knowledge shall be demonstrated by means of a
 compulsory written examination which, if a Party so decides, may be supplemented by an oral
 830
 ---pagebreak--- examination. Those examinations shall be organised in accordance with Part II of Appendix
 ROAD.A.1.2. To this end, a Party may decide to impose training prior to the examination.
 2. The persons concerned shall sit the examination in the Party in which they have their normal
 residence.
 3. Only the authorities or bodies duly authorised for this purpose by a Party, in accordance
 with criteria defined by it, may organise and certify the written and oral examinations referred to in
 paragraph 1 of this Article. The Parties shall regularly verify that the conditions under which those
 authorities or bodies organise the examinations are in accordance with Appendix ROAD.A.1.2.
 4. A Party may exempt the holders of certain higher education qualifications or technical
 education qualifications issued in that Party, specifically designated to this end and entailing
 knowledge of all the subjects listed in Appendix ROAD.A.1.2 from the examination in the subjects
 covered by those qualifications. The exemption shall only apply to those Sections of Part I of
 Appendix ROAD.A.1.2 for which the qualification covers all subjects listed under the heading of each
 Section.
 A Party may exempt from specified parts of the examinations holders of certificates of professional
 competence valid for national transport operations in that Party.
 Article 9 - Exemption from examination
 For the purpose of granting a licence to a road haulage operator which only operates motor vehicles
 or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes, a Party
 may decide to exempt from the examinations referred to in Article 8(1) persons who provide proof
 that they have continuously managed, for the period of ten years before 20 August 2020, a natural
 or legal person of the same type.
 Article 10 - Procedure for the suspension and withdrawal of authorisations
 1. Where a competent authority establishes that a natural or legal person runs the risk of no
 longer fulfilling the requirements laid down in Article 3, it shall notify the natural or legal person
 thereof. Where a competent authority establishes that one or more of those requirements is no
 longer satisfied, it may set one of the following time limits for the natural or legal person to rectify
 the situation:
 (a) a time limit not exceeding 6 months, which may be extended by 3 months in the event of
 the death or physical incapacity of the transport manager, for the recruitment of a
 replacement transport manager where the transport manager no longer satisfies the
 requirement as to good repute or professional competence;
 (b) a time limit not exceeding 6 months where the natural or legal person has to rectify the
 situation by demonstrating that the natural or legal person has an effective and stable
 establishment; or
 (c) a time limit not exceeding 6 months where the requirement of financial standing is not
 satisfied, in order to demonstrate that that requirement is again satisfied on a permanent
 basis.
 831
 ---pagebreak--- 2. The competent authority may require a natural or legal person whose authorisation has
 been suspended or withdrawn to ensure that its transport managers have passed the examinations
 referred to in Article 8(1) prior to any rehabilitation measure being taken.
 3. If the competent authority establishes that the natural or legal person no longer satisfies
 one or more of the requirements laid down in Article 3, it shall suspend or withdraw the
 authorisation to engage in the occupation of road haulage operator within the time limits referred to
 in paragraph 1 of this Article.
 Article 11 - Declaration of unfitness of the transport manager
 1. Where a transport manager loses good repute in accordance with Article 6, the competent
 authority shall declare that transport manager unfit to manage the transport activities of a road
 haulage operator.
 The competent authority shall not rehabilitate the transport manager earlier than one year from the
 date of the loss of good repute and before the transport manager has demonstrated to have
 followed appropriate training for a period of at least 3 months or an exam on the subjects listed in
 Part I of Appendix ROAD.A.1.2.
 2. Where a transport manager loses good repute in accordance with Article 6, an application
 for rehabilitation may be introduced after no less than one year from the date of the loss of good
 repute.
 Article 12 - Examination and registration of applications
 1. The competent authorities in each Party shall record in the national electronic registers
 referred to in Article 13(1) the data relating to undertakings which they authorise.
 2. When assessing the good repute of an undertaking, the competent authorities shall verify,
 whether at the time of the application the designated transport manager or managers are declared,
 in one of the Parties, unfit to manage the transport activities of an undertaking pursuant to Article
 11.
 3. The competent authorities shall regularly monitor whether undertakings which they have
 authorised to engage in the occupation of road haulage operators continue to fulfil the
 requirements referred to in Article 3. To that end, the competent authorities shall carry out checks,
 including, where appropriate, on-site inspections at the premises of the undertaking concerned,
 targeting those undertakings which are classed as posing an increased risk.
 Article 13 - National electronic registers
 1. The competent authorities shall keep a national electronic register of road transport
 undertakings which have been authorised to engage in the occupation of road haulage operator.
 2. The Specialised Committee on Road Transport shall establish the data contained in the
 national registers of road transport undertakings and the conditions of access to this data.
 832
 ---pagebreak--- Article 14 - Administrative cooperation between the competent authorities
 1. The competent authorities in each Party shall designate a national contact point responsible
 for the exchange of information with the competent authorities of the other Party with regard to the
 application of this Section.
 2. The competent authorities in each Party shall cooperate closely and shall swiftly provide one
 another with mutual assistance and with any other relevant information in order to facilitate the
 implementation and enforcement of this Section.
 3. The competent authorities in each Party shall carry out individual checks to verify whether
 an undertaking meets the conditions governing admission to the occupation of road haulage
 operator whenever a competent authority in the other Party so requests in duly justified cases. It
 shall inform the competent authority in the other Party of the results of such checks and of the
 measures taken if it is established that the undertaking no longer fulfils the requirements laid down
 in this Section.
 4. The competent authorities in each Party shall exchange information on convictions and
 penalties for any serious infringements referred to in Article 6(2).
 5. The Specialised Committee on Road Transport shall establish detailed rules on the
 modalities of the exchange of information referred to in paragraphs 3 and 4.
 833
 ---pagebreak--- APPENDIX ROAD.A.1.1: Most serious infringements for the purpose of Article 6(2) of Section 1 of
 Part A of Annex ROAD.1
 1. Exceeding time limits as follows:
 (a) exceeding the maximum 6-day or fortnightly driving time limits by margins of 25 % or
 more;
 (b) exceeding, during a daily working period, the maximum daily driving time limit by a margin
 of 50 % or more.
 2. Not having a tachograph and/or speed limiter, or having in the vehicle and/or using a
 fraudulent device able to modify the records of the recording equipment and/or the speed limiter or
 falsifying record sheets or data downloaded from the tachograph and/or the driver card.
 3. Driving without a valid roadworthiness certificate and/or driving with a very serious
 deficiency of, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension
 or chassis that would create such an immediate risk to road safety that it leads to a decision to
 immobilise the vehicle.
 4. Transporting dangerous goods that are prohibited for transport or transporting such goods
 in a prohibited or non-approved means of containment or without identifying them on the vehicle as
 dangerous goods, thus endangering lives or the environment to such extent that it leads to a
 decision to immobilise the vehicle.
 5. Carrying goods without holding a valid driving licence or carrying by an undertaking not
 holding a valid operator's licence as referred to in Article ROAD.5 of this Agreement.
 6. Driving with a driver card that has been falsified, or with a card of which the driver is not the
 holder, or which has been obtained on the basis of false declarations and/or forged documents.
 7. Carrying goods exceeding the maximum permissible laden mass by 20 % or more for vehicles
 the permissible laden weight of which exceeds 12 tonnes, and by 25 % or more for vehicles the
 permissible laden weight of which does not exceed 12 tonnes.
 834
 ---pagebreak--- APPENDIX ROAD.A.1.2: Part I. LIST OF SUBJECTS REFERRED TO IN ARTICLE 8 of Section 1 of Part A of
 Annex ROAD.1
 The knowledge to be taken into consideration for the official recognition of professional competence
 by the Parties must cover at least the subjects listed below. In relation to those subjects, applicant
 road haulage operators must have the levels of knowledge and practical aptitude necessary for the
 management of a transport undertaking.
 The minimum level of knowledge, as indicated below, must correspond at least to the level of
 knowledge acquired during the course of compulsory education, which is supplemented either by
 vocational training and supplementary technical training or by secondary school or other technical
 training.
 A. Civil law
 The applicant must, in particular:
 (a) be familiar with the main types of contract used in road transport and with the rights and
 obligations arising therefrom;
 (b) be capable of negotiating a legally valid transport contract, notably with regard to
 conditions of carriage;
 (c) be able to consider a claim by the applicant's principal regarding compensation for loss of
 or damage to goods during transportation or for their late delivery, and to understand how
 such a claim affects the applicant's contractual liability; and
 (d) be familiar with the rules and obligations arising from the CMR Convention on the Contract
 for the International Carriage of Goods by Road done in Geneva on 19 May 1956.
 B. Commercial law
 The applicant must, in particular:
 (a) be familiar with the conditions and formalities laid down for plying the trade, the general
 obligations incumbent upon transport operators (registration, record keeping, etc.) and the
 consequences of bankruptcy; and
 (b) have appropriate knowledge of the various forms of commercial companies and the rules
 governing their constitution and operation.
 C. Social law
 The applicant must, in particular, be familiar with the following:
 (a) the role and function of the various social institutions which are concerned with road
 transport (trade unions, works councils, shop stewards, labour inspectors, etc.);
 (b) the employers' social security obligations;
 (c) the rules governing work contracts for the various categories of worker employed by road
 transport undertakings (form of the contracts, obligations of the parties, working
 conditions and working hours, paid leave, remuneration, breach of contract, etc.);
 835
 ---pagebreak--- (d) the rules applicable to driving time, rest periods and working time, and the practical
 measures for applying those provisions; and
 (e) the rules applicable to the initial qualification and continuous training of drivers laid down
 in Section 1 of part B of this Annex.
 D. Fiscal law
 The applicant must, in particular, be familiar with the rules governing:
 (a) value added tax (VAT) on transport services;
 (b) motor-vehicle tax;
 (c) the taxes on certain road haulage vehicles and tolls and infrastructure user charges; and
 (d) income tax.
 E. Business and financial management
 The applicant must, in particular:
 (a) be familiar with the laws and practices regarding the use of cheques, bills of exchange,
 promissory notes, credit cards and other means or methods of payment;
 (b) be familiar with the various forms of credit (bank credit, documentary credit, guarantee
 deposits, mortgages, leasing, renting, factoring, etc.) and the charges and obligations
 arising therefrom;
 (c) know what a balance sheet is, how it is set out and how to interpret it;
 (d) be able to read and interpret a profit and loss account;
 (e) be able to assess the undertaking's profitability and financial position, in particular on the
 basis of financial ratios;
 (f) be able to prepare a budget;
 (g) be familiar with the cost elements of the undertaking (fixed costs, variable costs, working
 capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per
 journey or per tonne;
 (h) be able to draw up an organisation chart relating to the undertaking's personnel as a whole
 and to organise work plans, etc.;
 (i) be familiar with the principles of marketing, publicity and public relations, including
 transport services, sales promotion and the preparation of customer files, etc.;
 (j) be familiar with the different types of insurance relating to road transport (liability,
 accidental injury/life insurance, non-life and luggage insurance) and the guarantees and
 obligations arising therefrom;
 (k) be familiar with the applications of electronic data transmission in road transport;
 (l) be able to apply the rules governing the invoicing of road haulage services and know the
 meaning and implications of Incoterms; and
 836
 ---pagebreak--- (m) be familiar with the different categories of transport auxiliaries, their role, their functions
 and, where appropriate, their status.
 F. Access to the market
 The applicant must, in particular, be familiar with the following:
 (a) the occupational regulations governing road transport, industrial vehicle rental and
 subcontracting, and in particular the rules governing the official organisation of the
 occupation, admission to the occupation, authorisations for road transport operations,
 inspections and penalties;
 (b) the rules for setting up a road transport undertaking;
 (c) the various documents required for operating road transport services and the introduction
 of checking procedures to ensure that the approved documents relating to each transport
 operation, and in particular those relating to the vehicle, the driver, the goods and luggage
 are kept both in the vehicle and on the premises of the undertaking;
 (d) the rules on the organisation of the market in road haulage services, as well as the rules on
 freight handling and logistics; and
 (e) border formalities, the role and scope of T documents and TIR carnets, and the obligations
 and responsibilities arising from their use.
 G. Technical standards and technical aspects of operation
 The applicant must, in particular:
 (a) be familiar with the rules concerning the weights and dimensions of vehicles in the Parties
 and the procedures to be followed in the case of abnormal loads which constitute an
 exception to these rules;
 (b) be able to choose vehicles and their components (chassis, engine, transmission system,
 braking system, etc.) in accordance with the needs of the undertaking;
 (c) be familiar with the formalities relating to the type approval, registration and technical
 inspection of these vehicles;
 (d) understand what measures must be taken to reduce noise and to combat air pollution by
 motor vehicle exhaust emissions;
 (e) be able to draw up periodic maintenance plans for the vehicles and their equipment;
 (f) be familiar with the different types of cargo-handling and loading devices (tailboards,
 containers, pallets, etc.) and be able to introduce procedures and issue instructions for
 loading and unloading goods (load distribution, stacking, stowing, blocking and chocking,
 etc.);
 (g) be familiar with the various techniques of 'piggy-back' and roll-on roll-off combined
 transport;
 (h) be able to implement procedures to comply with the rules on the carriage of dangerous
 goods and waste;
 837
 ---pagebreak--- (i) be able to implement procedures to comply with the rules on the carriage of perishable
 foodstuffs, notably those arising from the Agreement on the International Carriage of
 Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP);
 and
 (j) be able to implement procedures to comply with the rules on the transport of live animals.
 H. Road safety
 The applicant must, in particular:
 (a) know what qualifications are required for drivers (driving licence, medical certificates,
 certificates of fitness, etc.);
 (b) be able to take the necessary steps to ensure that drivers comply with the traffic rules,
 prohibitions and restrictions in force in the Parties (speed limits, priorities, waiting and
 parking restrictions, use of lights, road signs, etc.);
 (c) be able to draw up instructions for drivers to check their compliance with the safety
 requirements concerning the condition of the vehicles, their equipment and cargo, and
 concerning preventive measures to be taken;
 (d) be able to lay down procedures to be followed in the event of an accident and to
 implement appropriate procedures to prevent the recurrence of accidents or serious traffic
 offences; and
 (e) be able to implement procedures to properly secure goods and be familiar with the
 corresponding techniques.
  Part II. ORGANISATION OF THE EXAMINATION
 1. The Parties will organise a compulsory written examination which they may supplement by
 an optional oral examination to establish whether applicant road haulage operators have achieved
 the required level of knowledge in the subjects listed in Part I and in particular their capacity to use
 the instruments and techniques relating to those subjects and to fulfil the corresponding executive
 and coordination duties.
 (a) The compulsory written examination will involve two tests, namely:
 (i) written questions consisting of either multiple choice questions (each with four possible
 answers), questions requiring direct answers or a combination of both systems; and
 (ii) written exercises/case studies.
 The minimum duration of each test will be two hours.
 (b) Where an oral examination is organised, the Parties may stipulate that participation is
 subject to the successful completion of the written examination.
 2. Where the Parties also organise an oral examination, they must provide, in respect of each
 of the three tests, for a weighting of marks of a minimum of 25 % and a maximum of 40 % of the
 total number of marks to be given.
 838
 ---pagebreak--- Where the Parties organise only a written examination, they must provide, in respect of each test,
 for a weighting of marks of a minimum of 40 % and a maximum of 60 % of the total number of marks
 to be given.
 3. With regard to all the tests, applicants must obtain an average of at least 60 % of the total
 number of marks to be given, achieving in any given test not less than 50 % of the total number of
 marks possible. In one test only, a Party may reduce that mark from 50% to 40 %.
 839
 ---pagebreak--- APPENDIX ROAD.A.1.3
  Part A
  Licence model for the Union
 EUROPEAN COMMUNITY
 (a)
 (Colour Pantone light blue 290, or as close as possible to this colour, format DIN A4 cellulose paper
 100 g/m2 or more)
 (First page of the licence)
 (Text in (one of) the official language(s) of the Member State issuing the licence)
 Distinguishing sign of the Member State(1) Name of the competent authority or body
 issuing the licence
 LICENCE No ...
 or
 CERTIFIED TRUE COPY No ...
 for the international carriage of goods by road for hire or reward
 This licence entitles (2) ..........................................................................................................
 ..................................................................................................................................................................................
 ................................................................................................................................................
 to engage in the international carriage of goods by road for hire or reward by any route, for journeys or parts
 of journeys carried out for hire or reward within the territory of the Community, as laid down in Regulation
 (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 (OJ EU L 300,
 14.11.2009, p. 72) on common rules for access to the international road haulage market and in accordance
 with the general provisions of this licence.
 Particular remarks: ................................................................................................................................
 ................................................................................................................................................................
 This licence is valid from ........................................ to ........................................................................
 Issued in ................................................................, on .......................................................................
 ............................................................................ (3)
 ______________
 (1)
 The distinguishing signs of the Member States are: (B) Belgium, (BG) Bulgaria, (CZ) Czech Republic, (DK) Denmark, (D) Germany, (EST)
 Estonia, (IRL) Ireland, (GR) Greece, (E) Spain, (F) France, (HR) Croatia, (I) Italy, (CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg,
 (H) Hungary, (MT) Malta, (NL) Netherlands, (A) Austria, (PL) Poland, (P) Portugal, (RO) Romania, (SLO) Slovenia, (SK) Slovakia, (FIN)
 Finland, (S) Sweden.
 (2)
 Name or business name and full address of the haulier.
 (3)
 Signature and seal of the issuing competent authority or body.
 840
 ---pagebreak--- (b)
 (Second page of the licence)
 (Text in (one of) the official language(s) of the Member State issuing the licence)
 GENERAL PROVISIONS
 This licence is issued under Regulation (EC) No 1072/2009.
 It entitles the holder to engage in the international carriage of goods by road for hire or reward by
 any route for journeys or parts of journeys carried out within the territory of the Community and,
 where appropriate, subject to the conditions laid down herein:
 — where the point of departure and the point of arrival are situated in two different Member States,
 with or without transit through one or more Member States or third countries,
 — from a Member State to a third country or vice versa, with or without transit through one or more
 Member States or third countries,
 — between third countries with transit through the territory of one or more Member States,
 and unladen journeys in connection with such carriage.
 In the case of carriage from a Member State to a third country or vice versa, this licence is valid for
 that part of the journey carried out within the territory of the Community. It shall be valid in the
 Member State of loading or unloading only after the conclusion of the necessary agreement
 between the Community and the third country in question in accordance with Regulation (EC) No
 1072/2009.
 The licence is personal to the holder and is non-transferable.
 It may be withdrawn by the competent authority of the Member State which issued it, notably
 where the holder has:
 — not complied with all the conditions for using the licence,
 — supplied incorrect information with regard to the data needed for the issue or extension of the
 licence.
 The original of the licence must be kept by the haulage undertaking.
 A certified copy of the licence must be kept in the vehicle (1). In the case of a coupled combination of
 vehicles it must accompany the motor vehicle. It covers the coupled combination of vehicles even if
 the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence
 holder or if it is registered or authorised to use the roads in another State.
 The licence must be presented at the request of any authorised inspecting officer.
 Within the territory of each Member State, the holder must comply with the laws, regulations and
 administrative provisions in force in that State, in particular with regard to transport and traffic.
 __________________
  (1) 'Vehicle' means a motor vehicle registered in a Member State, or a coupled combination of vehicles the
 motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods.
 841
 ---pagebreak---  Part B
  Licence model for the United Kingdom
 UK Licence for the Community
 (a)
 (Colour Pantone light blue, format DIN A4 cellulose paper 100 g/m2 or more)
 (First page of the licence)
 (Text in English or Welsh)
 NAME OF THE UK COMPETENT AUTHORITY
 UK (1)
 LICENCE No:
 Or
 CERTIFIED TRUE COPY No:
 for the international carriage of goods by road for hire or reward
 This licence entitles(2)
 to engage in the international carriage of goods by road for hire or reward by any route, for journeys or
 parts of journeys carried out for hire or reward within the territory of a Member State as laid down in
 Regulation (EC) 1072/2009(3).
 Particular remarks: ................................................................................................
 .........................................................................................................................
 This licence is valid from ................... to ......................................................
 Issued in ............................................... on ......................................................
 842
 ---pagebreak--- ___________________________
 (1) Competent authority for the relevant region for which the certificate is issued.
 (2) Name or business name and full address of the haulier.
 (3) Regulation (EC) 1072/2009 as retained in UK law by section 3 of the European Union (Withdrawal) Act 2018 and
 as amended by regulations made under section 8 of that Act.
 843
 ---pagebreak--- (b)
 (Second page of the licence)
 (Text in English or Welsh)
 GENERAL PROVISIONS
 This licence is issued under Regulation (EC) No 1072/2009(1).
 It entitles the holder to engage in the international carriage of goods by road for hire or reward by any
 route for journeys or parts of journeys carried out within the territory of a Member State permitted by
 any international agreement between the United Kingdom and the European Union or a Member State.
 In the case of carriage from the United Kingdom to a third country or vice versa, this licence is valid for
 that part of the journey carried out within the territory of any Member State.
 The licence is personal to the holder and is non-transferable.
 It may be withdrawn by a traffic commissioner or the Department for Infrastructure (Northern Ireland),
 for example, where the holder has:
 – not complied with all the conditions for using the licence,
 – supplied incorrect information with regard to the data needed for the issue or extension of the
 licence.
 The original of the licence must be kept by the haulage undertaking.
 A certified copy of the licence must be kept in the vehicle(2). In the case of a coupled combination of
 vehicles it must accompany the motor vehicle. It covers the coupled combination of vehicles even if the
 trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder
 or if it is registered or authorised to use the roads in another State.
 The licence must be presented at the request of any authorised inspecting officer.
 Within the territory of the United Kingdom or each Member State, the holder must comply with the
 laws, regulations and administrative provisions in force in that State, in particular with regard to
 transport and traffic.
 (1) Regulation (EC) 1072/2009 as retained in UK law by section 3 of the European Union (Withdrawal) Act 2018 and
 as amended by regulations made under section 8 of that Act.
 (2) 'Vehicle' means a motor vehicle registered in the United Kingdom or a Member State, or a coupled combination
 of motor vehicles the motor vehicle of which at least is registered in the United Kingdom or a Member State, used
 exclusively for the carriage of goods.
 844
 ---pagebreak--- APPENDIX ROAD.A.1.4: Security features of the licence
 The licence must have at least two of the following security features:
 — a hologram;
 — special fibres in the paper which become visible under UV-light;
 — at least one microprint line (printing visible only with a magnifying glass and not reproduced by
 photocopying machines);
 — tactile characters, symbols or patterns;
 — double numbering: serial number of the licence, of the certified copy thereof as well as, in each
 case, the issue number;
 — a security design background with fine guilloche patterns and rainbow printing.
 845
 ---pagebreak--- Section 2. Posting of drivers
 Article 1 - Subject matter
 This Section lays down requirements for road haulage operators established in one of the Parties
 which, in the framework of the transport of goods, post drivers to the territory of the other Party in
 accordance with Article 3 of this Section.
 Nothing in this Section shall prevent a Party from applying measures to regulate the entry of natural
 persons into, or their temporary stay in, its territory, including measures necessary to protect the
 integrity of its borders and to ensure the orderly movement of natural persons across them,
 provided that such measures are not applied in such a manner as to nullify or impair the benefits
 accruing to the other Party under the terms of this Section. The sole fact of requiring a visa for
 natural persons of certain countries and not for those of others shall not be regarded as nullifying or
 impairing benefits under this Section.
 Nothing in this Section shall affect the application on the Union territory of the Union rules on the
 posting of drivers in road transport to Union road haulage operators.
 Article 2 - Definitions
 For the purposes of this Section, "posted driver" means a driver who, for a limited period, carries out
 his or her work in the territory of a Party other than the Party in which the driver normally works.
 Article 3 - Principles
 1. The provisions of this Section apply to the extent that the road haulage operator posts
 drivers to the territory of the other Party on its account and under its direction, under a contract
 concluded between the road haulage operator making the posting and the party for whom the
 transport services are intended, and those drivers operate in the territory of that Party, provided
 that there is an employment relationship between the road haulage operator making the posting
 and the driver during the period of posting.
 2. For the purposes of paragraph 1, a posting shall be considered to start when the driver
 enters the territory of the other Party for the loading and/or unloading of goods and to end when
 the driver leaves the territory of that Party.
 For the purposes of paragraph 1, in the case of posting in the Union, a posting shall, be considered to
 start when the driver enters the territory of a Member State for the loading and/or unloading of
 goods in that Member State and to end when the driver leaves the territory of that Member State.
 3. Notwithstanding the paragraphs 1 and 2, a driver shall not be considered to be posted when
 performing transport operations, based on a transport contract, as defined in point (a) of Article
 ROAD.4(1) [Transport of goods between, through and within the territories of the Parties] of this
 Agreement.
 4. A driver shall not be considered to be posted in the United Kingdom where the driver
 transits through the territory of the United Kingdom without loading or unloading of goods. For the
 Union, a driver shall not be considered to be posted in a Member State when the driver transits
 through the territory of that Member State without loading or unloading of goods.
 Article 4 - Terms and conditions of employment
 846
 ---pagebreak--- 1. Each Party shall ensure, irrespective of which law applies to the employment relationship, that
 road haulage operators guarantee, on the basis of equality of treatment, to drivers who are posted
 to their territory the terms and conditions of employment covering the following matters which, in
 the Party or, in the case of the Union, in the Member State where the work is carried out, are laid
 down:
 — by law, regulation or administrative provision; and/or
 — by collective agreements or arbitration awards which have been declared universally applicable or
 otherwise apply in accordance with paragraph 4:
 (a) maximum work periods and minimum rest periods;
 (b) minimum paid annual leave;
 (c) remuneration, including overtime rates; this point does not apply to supplementary
 occupational retirement pension schemes;
 (d) health, safety and hygiene at work;
 (e) protective measures with regard to the terms and conditions of employment of pregnant
 women or women who have recently given birth, of children and of young people; and
 (f) equality of treatment between men and women and other provisions on non-
 discrimination.
 2. For the purposes of this Section, the concept of remuneration shall be determined by the
 national law and/or practice of the Party and, in the case of the Union, by the national law and/or
 practice of the Member State, to whose territory the driver is posted and means all the constituent
 elements of remuneration rendered mandatory by national law, regulation or administrative
 provision, or by collective agreements or arbitration awards which, in that Party or in that Member
 State, have been declared universally applicable or otherwise apply in accordance with paragraph 4.
 3. Allowances specific to the posting shall be considered to be part of remuneration, unless
 they are paid in reimbursement of expenditure actually incurred on account of the posting, such as
 expenditure on travel, board and lodging. The road haulage operator shall reimburse the posted
 driver for such expenditure in accordance with the law and/or practice applicable to the
 employment relationship.
 Where the terms and conditions of employment applicable to the employment relationship do not
 determine which elements of the allowance specific to the posting are paid in reimbursement of
 expenditure actually incurred on account of the posting or which are part of remuneration, then the
 entire allowance shall be considered to be paid in reimbursement of expenditure.
 4. For the purpose of this Section, "collective agreements or arbitration awards which have
 been declared universally applicable" means collective agreements or arbitration awards which must
 be observed by all undertakings in the geographical area and in the profession or industry
 concerned.
 In the absence of, or in addition to, a system for declaring collective agreements or arbitration
 awards to be of universal application within the meaning of the first part of this paragraph, each
 Party, or each Member State in the case of the Union, may, if they so decide, base themselves on:
 847
 ---pagebreak--- — collective agreements or arbitration awards which are generally applicable to all similar
 undertakings in the geographical area and in the profession or industry concerned; and/or
 — collective agreements which have been concluded by the most representative employers' and
 labour organisations at national level and which are applied throughout national territory.
 Equality of treatment, within the meaning of paragraph 1, shall be deemed to exist where national
 undertakings in a similar position:
 (i) are subject, in the place in question or in the sector concerned, to the same
 obligations as posting undertakings as regards the matters listed in the first
 subparagraph of paragraph 1; and
 (ii) are required to fulfil such obligations with the same effects.
 Article 5 - Improved access to information
 1. Each Party or, in the case of the Union, each Member State shall publish the information on
 the terms and conditions of employment, in accordance with national law and/or practice, without
 undue delay and in a transparent manner, on a single official national website, including the
 constituent elements of remuneration as referred to in Article 4(2) and all the terms and conditions
 of employment in accordance with Article 4(1).
 Each Party or, in the case of the Union, each Member State shall ensure that the information
 provided on the single official national website is accurate and up to date.
 2. Each Party or, in the case of the Union, each Member State shall take the appropriate
 measures to ensure that the information mentioned in paragraph 1 is made generally available free
 of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by
 electronic means, in formats and in accordance with web accessibility standards that ensure access
 to persons with disabilities and to ensure that competent national bodies are in a position to carry
 out their tasks effectively.
 3. Where, in accordance with national law, traditions and practice, including respect for the
 autonomy of social partners, the terms and conditions of employment referred to in Article 4 are
 laid down in collective agreements in accordance with Article 4(1), each Party or, in the case of the
 Union, each Member State shall ensure that those terms and conditions are made available in an
 accessible and transparent way to service providers from the other Party and to posted drivers, and
 shall seek the involvement of the social partners in that respect. The relevant information should, in
 particular, cover the different minimum rates of pay and their constituent elements, the method
 used to calculate the remuneration due and, where relevant, the qualifying criteria for classification
 in the different wage categories.
 4. Where, contrary to paragraph 1, the information on the single official national website does
 not indicate which terms and conditions of employment are to be applied, that circumstance shall be
 taken into account in accordance with national law and/or practice in determining penalties in the
 event of infringements to this Section, to the extent necessary to ensure the proportionality of those
 penalties.
 5. Each Party or, in the case of the Union, each Member State shall indicate the bodies and
 authorities to which drivers and road haulage operators can turn for general information on national
 law and practice applicable to them concerning their rights and obligations within their territory.
 848
 ---pagebreak--- Article 6 - Administrative requirements, control and enforcement
 1. Each Party or, in the case of the Union, each Member State may only impose the following
 administrative requirements and control measures with respect to the posting of drivers:
 (a) an obligation for the operator established in the other Party to submit a posting
 declaration to the national competent authorities of the Party or, in the case of the Union,
 of the Member State to which the driver is posted at the latest at the commencement of
 the posting, using from 2 February 2022 a multilingual standard form of the public
 interface connected to the EU Internal Market Information System136 for administrative
 cooperation (IMI); that posting declaration shall consist of the following information:
 (i) the identity of the operator, at least in the form of the number of the valid licence
 where this number is available;
 (ii) the contact details of a transport manager or other contact person in the Party of
 establishment or, in the case of the Union, in the Member State of establishment
 to liaise with the competent authorities of the host Party or in, the case of the
 Union, of the Member State in which the services are provided and to send out and
 receive documents or notices;
 (iii) the identity, the address of the residence and the number of the driving licence of
 the driver;
 (iv) the start date of the driver's contract of employment, and the law applicable to it;
 (v) the envisaged start and end date of the posting; and
 (vi) the number plates of the motor vehicles;
 (b) an obligation for the operator to ensure that the driver has at his or her disposal in paper
 or electronic form and an obligation for the driver to keep and make available when
 requested at the roadside:
 (i) a copy of the posting declaration submitted, via the IMI system from 2 February
 2022;
 (ii) evidence of the transport operations taking place in the host Party, such as an
 electronic consignment note (e-CMR); and
 (iii) the tachograph records and in particular the country symbols of the Party or, in the
 case of the Union, of the Member State in which the driver was present when
 carrying out transport operations, in accordance with registration and record-
 keeping requirements under Section 2 of Part B and Section 4 of Part B;
 (c) an obligation for the operator to send, from 2 February 2022 via the public interface
 connected to the IMI system, after the period of posting, at the direct request of the
 competent authorities of the other Party or, in the case of the Union, of a Member State
 where the posting took place, copies of documents referred to in point (b) (ii) and (iii) of
 136
 Established by Regulation (EU) 1024/2012.
 849
 ---pagebreak--- this paragraph as well as documentation relating to the remuneration of the driver in
 respect of the period of posting, the employment contract or an equivalent document,
 time-sheets relating to the driver's work, and proof of payments.
 The operator shall send the documentation, from 2 February 2022 via the public interface connected
 to the IMI system, no later than eight weeks from the date of the request. If the operator fails to
 submit the requested documentation within that time period, the competent authorities of the
 Party or, in the case of the Union, the Member State where the posting took place may request,
 from 2 February 2022 via the IMI system, the assistance of the competent authorities of the Party of
 establishment or, in the case of the Union, the Member State of establishment. When such a
 request for mutual assistance is made, the competent authorities of the Party of establishment or, in
 the case of the Union, the Member State of establishment of the operator shall have access to the
 posting declaration and other relevant information submitted by the operator, from 2 February 2022
 via the public interface connected to the IMI system.
 The competent authorities of the Party of establishment or, in the case of the Union, of the Member
 State of establishment shall ensure that they provide the requested documentation to the
 competent authorities of the Party or, in the case of the Union, to the competent authorities of the
 Member State where the posting took place, from 2 February 2022 via the IMI system, within 25
 working days from the day of the request for mutual assistance.
 Each Party shall ensure that the information exchanged by the competent national authorities or
 transmitted to them shall be used only in respect of the matter or matters for which it was
 requested.
 Mutual administrative cooperation and assistance shall be provided free of charge.
 A request for information shall not preclude the competent authorities from taking measures to
 investigate and prevent alleged breaches of this Section.
 3. For the purpose of ascertaining whether a driver is not to be considered to be posted
 pursuant to Article 1, each Party may only impose as a control measure an obligation for the driver
 to keep and make available, where requested at the roadside check, in paper or electronic form, the
 evidence of the relevant transport operations, such as an electronic consignment note (e-CMR), and
 tachograph records, as referred to in point (b)(iii) of paragraph 2 of this Article.
 4. For the purposes of control, the operator shall keep the posting declarations referred to in
 point (a) of paragraph 2 up to date, from 2 February 2022 in the public interface connected to IMI.
 5. The information from the posting declarations shall be saved, from 2 February 2022, in the
 IMI repository for the purpose of checks for a period of 24 months.
 6. The Party or, in the case of the Union, the Member State to whose territory the driver is
 posted and the Party or, in the case of the Union, the Member State from which the driver is posted
 shall be responsible for the monitoring, control and enforcement of the obligations laid down in this
 Section and shall take appropriate measures in the event of failure to comply with this Section.
 7. Each Party or, in the case of the Union, the Member States shall ensure that inspections and
 controls of compliance under this Article are not discriminatory and/or disproportionate, whilst
 taking into account the relevant provisions of this Section.
 850
 ---pagebreak--- 8. For the enforcement of the obligations under this Section, each Party or, in the case of the
 Union, the Member States shall ensure that there are effective mechanisms for posted drivers to
 lodge complaints against their employers directly, as well as the right to institute judicial or
 administrative proceedings, also in the Party in whose territory the drivers are or were posted,
 where such drivers consider they have sustained loss or damage as a result of a failure to apply the
 applicable rules, even after the relationship in which the failure is alleged to have occurred has
 ended.
 9. Paragraph 8 shall apply without prejudice to the jurisdiction of the courts of each Party or, in
 case of the Union, the Member States as laid down, in particular, in the relevant instruments of
 Union law and/or international conventions.
 10. Each Party or, in the case of the Un
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