Free trade Agreement between the European Union and the Republic of Singapore
Date: 2018-10-19
Institutions: European Union, Singapore
Subjects: Singapore, free-trade agreement, trade agreement (EU)




L_2019294EN.01000301.xml










14.11.2019   


EN


Official Journal of the European Union


L 294/3








            FREE TRADE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF SINGAPORE
         


The European Union, hereinafter referred to as ‘the Union’,
and
the Republic of Singapore, hereinafter referred to as ‘Singapore’,
hereinafter jointly referred to as the ‘Parties’ or individually referred to as a ‘Party’,

RECOGNISING their longstanding and strong partnership based on the common principles and values reflected in the Partnership and Cooperation Agreement, and their important economic, trade and investment relationship;


DESIRING to further strengthen their relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for the development of trade and investment between the Parties;


RECOGNISING that this Agreement will complement and promote regional economic integration efforts;


DETERMINED to strengthen their economic, trade, and investment relations in accordance with the objective of sustainable development, in its economic, social and environmental dimensions, and to promote trade and investment in a manner mindful of high levels of environmental and labour protection and relevant internationally-recognised standards and agreements to which they are party;


DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities and improve the general welfare and, to this end, reaffirming their commitment to promoting trade and investment liberalisation;


CONVINCED that this Agreement will create an expanded and secure market for goods and services, thus enhancing the competitiveness of their firms in global markets;


REAFFIRMING each Party's right to adopt and enforce measures necessary to pursue legitimate policy objectives such as social, environmental, security, public health and safety, promotion and protection of cultural diversity;


REAFFIRMING their commitment to the Charter of the United Nations signed in San Francisco on 26 June 1945 and having regard to the principles articulated in the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on 10 December 1948;


RECOGNISING the importance of transparency in international trade to the benefit of all stakeholders;


SEEKING to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to mutual trade and investment;


RESOLVED to contribute to the harmonious development and expansion of international trade by removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or investment between the Parties that could reduce the benefits of this Agreement;


BUILDING on their respective rights and obligations under the WTO Agreement and other multilateral, regional and bilateral agreements and arrangements to which they are party,

HAVE AGREED AS FOLLOWS:



CHAPTER ONE

OBJECTIVES AND GENERAL DEFINITIONS


ARTICLE 1.1

Establishment of a Free Trade Area

The Parties to this Agreement hereby establish a free trade area, consistent with Article XXIV of GATT 1994 and Article V of GATS.


ARTICLE 1.2

Objectives

The objectives of this Agreement are to liberalise and facilitate trade and investment between the Parties in accordance with the provisions of this Agreement.


ARTICLE 1.3

Definitions of General Application

For the purposes of this Agreement, unless otherwise specified:
‘Agreement on Agriculture’ means the Agreement on Agriculture contained in Annex 1A of the WTO Agreement;
‘Agreement on Government Procurement’ means the Agreement on Government Procurement contained in Annex 4 of the WTO Agreement;
‘Agreement on Preshipment Inspection’ means the Agreement on Preshipment Inspection contained in Annex 1A of the WTO Agreement;
‘Anti-Dumping Agreement’ means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 contained in Annex 1A of the WTO Agreement;
‘Customs Valuation Agreement’ means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 contained in Annex 1A of the WTO Agreement;
‘day’ means a calendar day;
‘DSU’ means the Understanding on Rules and Procedures Governing the Settlement of Disputes contained in Annex 2 of the WTO Agreement;
‘GATS’ means the General Agreement on Trade in Services contained in Annex 1B of the WTO Agreement;
‘GATT 1994’ means the General Agreement on Tariffs and Trade 1994 contained in Annex 1A of the WTO Agreement;
‘Harmonized System’ means the Harmonized Commodity Description and Coding System, including all legal notes and amendments thereto (hereinafter also referred to as the ‘HS’);
‘IMF’ means the International Monetary Fund;
‘Import Licensing Agreement’ means the Agreement on Import Licencing Procedures contained in Annex 1A of the WTO Agreement;
‘measure’ means any law, regulation, procedure, requirement or practice;
‘natural person of a Party’ means a national of Singapore, or of one of the Member States of the Union (1), according to their respective legislation;
‘Partnership and Cooperation Agreement’ means the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part, signed in Brussels on 19 October 2018;
‘person’ means a natural person or a juridical person;
‘Safeguards Agreement’ means the Agreement on Safeguards contained in Annex 1A of the WTO Agreement;
‘SCM Agreement’ means the Agreement on Subsidies and Countervailing Measures contained in Annex 1A of the WTO Agreement;
‘SPS Agreement’ means the Agreement on the Application of Sanitary and Phytosanitary Measures contained in Annex 1A of the WTO Agreement;
‘TBT Agreement’ means the Agreement on Technical Barriers to Trade contained in Annex 1A of the WTO Agreement;
‘TRIPS Agreement’ means the Agreement on Trade-Related Aspects of Intellectual Property Rights contained in Annex 1C of the WTO Agreement;
‘WIPO’ means the World Intellectual Property Organization;
‘WTO’ means the World Trade Organization; and
‘WTO Agreement’ means the Marrakesh Agreement Establishing the World Trade Organization done at Marrakesh on 15 April 1994.



CHAPTER TWO

NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS


SECTION A

COMMON PROVISIONS


ARTICLE 2.1

Objective

The Parties shall progressively and reciprocally liberalise trade in goods over a transitional period starting from the entry into force of this Agreement in accordance with this Agreement and in conformity with Article XXIV of GATT 1994.


ARTICLE 2.2

Scope

This Chapter applies to trade in goods between the Parties.


ARTICLE 2.3

National Treatment

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, the obligations contained in Article III of GATT 1994, including its Notes and Supplementary Provisions, are incorporated into and made part of this Agreement, mutatis mutandis.


ARTICLE 2.4

Customs Duty

For the purposes of this Chapter, a customs duty includes any duty or charge of any kind imposed on or in connection with the importation or exportation of a good, including any form of surtax or surcharge imposed on or in connection with such importation or exportation.
A customs duty does not include any:






(a)


charge equivalent to an internal tax imposed consistently with Article 2.3 (National Treatment);










(b)


duty imposed consistently with Chapter Three (Trade Remedies);










(c)


duties applied consistently with Article VI, Article XVI, Article XIX of GATT 1994, the Anti-Dumping Agreement, the SCM Agreement, Article 5 of the Agreement on Agriculture and the DSU; and










(d)


fee or other charge imposed consistently with Article 2.10 (Fees and Formalities Connected with Importation and Exportation).






ARTICLE 2.5

Classification of Goods

The classification of goods in trade between the Parties shall be governed by each Party's respective tariff nomenclature in conformity with the HS and its amendments.



SECTION B

REDUCTION OR ELIMINATION OF CUSTOMS DUTIES


ARTICLE 2.6

Reduction or Elimination of Customs Duties on Imports


1.   Each Party shall reduce or eliminate its customs duties on imported goods originating in the other Party in accordance with the Schedules set out in Annex 2-A. For the purposes of this Chapter, ‘originating’ means the origin of a good as determined in accordance with the rules of origin and the other requirements set out in Protocol 1.


2.   The base rate of customs duties on imports, to which the successive reductions are to be applied under paragraph 1, shall be that specified in the Schedules in Annex 2-A.


3.   If at any moment a Party reduces its applied most favoured nation (hereinafter referred to as ‘MFN’) customs duty rates on imports after the date of entry into force of this Agreement, that duty rate shall apply if and for as long as it is lower than the customs duty rate on imports calculated in accordance with its Schedule in Annex 2-A.


4.   Three years after the entry into force of this Agreement, at the request of either Party, the Parties shall consult to consider accelerating and broadening the scope of the reduction and elimination of customs duties on imports. A decision by the Parties in the Committee on Trade in Goods on such acceleration or broadening shall supersede any duty rate or staging category determined pursuant to their Schedules for that good.



ARTICLE 2.7

Elimination of Customs Duties and Taxes on Exports

Neither Party shall maintain or institute any customs duty or tax on, or in connection with the exportation or sale for export of, goods to the other Party, or any internal taxes on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.


ARTICLE 2.8

Standstill

Upon the entry into force of this Agreement, neither Party shall increase any existing customs duty, or introduce any new customs duty, on the importation of a good originating in the other Party. This shall not preclude either Party from raising a customs duty to the level established in its Schedule in Annex 2-A following a unilateral reduction.



SECTION C

NON-TARIFF MEASURES


ARTICLE 2.9

Import and Export Restrictions


1.   Neither Party shall 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, in accordance with Article XI of GATT 1994, including its Notes and Supplementary Provisions. To that end, Article XI of GATT 1994, including its Notes and Supplementary Provisions are incorporated into and made part of this Agreement, mutatis mutandis.


2.   The Parties understand that, before taking any measures provided for in subparagraphs 2(a) and 2(c) of Article XI of GATT 1994, the Party intending to take the measures shall supply the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days of supplying such information, the exporting Party may apply measures under this Article on the exportation of the good concerned. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation, and shall inform the other Party immediately thereof.



ARTICLE 2.10

Fees and Formalities Cnected with Importation and Exportation


1.   Each Party shall ensure, in accordance with Article VIII of GATT 1994, including its Notes and Supplementary Provisions, that all fees and charges of whatever character (other than customs duties, and measures listed in paragraphs (a), (b) and (c) of Article 2.4 (Customs Duty)) imposed on, or in connection with the importation or exportation of, goods are limited in amount to the approximate cost of services rendered, which shall not be calculated on an ad valorem basis, and shall not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.


2.   Each Party shall make available, via an officially designated medium, including through the internet, the fees and charges it imposes in connection with importation and exportation.


3.   No Party shall require consular transactions (2), including the payment of related fees and charges, in connection with the importation of any good of the other Party.



ARTICLE 2.11

Import and Export Licensing Procedures


1.   The Parties affirm their existing rights and obligations under the Import Licensing Agreement.


2.   The Parties shall introduce and administer any import or export licensing procedures (3) in accordance with:






(a)


Paragraphs 1 to 9 of Article 1 of the Import Licensing Agreement;










(b)


Article 2 of the Import Licensing Agreement;










(c)


Article 3 of the Import Licensing Agreement.




To that end, the provisions referred to in subparagraphs (a), (b) and (c) of this paragraph are incorporated into and made part of this Agreement. The Parties shall apply those provisions, mutatis mutandis, to any export licensing procedures.


3.   Each Party shall ensure that all export licensing procedures are neutral in application and are administered in a fair, equitable, non-discriminatory and transparent manner.


4.   Each Party shall only adopt or maintain licensing procedures as a condition for the importation into its territory or the exportation from its territory to the other Party where other appropriate procedures to achieve an administrative purpose are not reasonably available.


5.   Neither Party shall adopt or maintain non-automatic import or export licensing procedures unless necessary to implement a measure that is consistent with this Agreement. A Party adopting non-automatic licensing procedures shall clearly indicate the measure being implemented through such licensing procedure.


6.   A Party introducing export licensing procedures or changes in these procedures shall notify the Committee on Trade in Goods 60 days in advance of the publication of those procedures. This notification shall contain the information required under Article 5 of the Import Licensing Agreement.


7.   A Party shall respond within 60 days to enquiries from the other Party regarding any licensing procedures which the Party to which the request is addressed intends to adopt or has adopted or maintained, as well as the criteria for granting or allocating import or export licences.



ARTICLE 2.12

State Trading Enterprises


1.   The Parties affirm their existing rights and obligations under Article XVII of GATT 1994, including its Notes and Supplementary Provisions, and the Understanding on the Interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994, contained in Annex 1-A to the WTO Agreement, which are hereby incorporated into and made part of this Agreement, mutatis mutandis.


2.   Each Party may request information from the other Party as provided for in subparagraphs 4(c) and 4(d) of Article XVII of GATT 1994.



ARTICLE 2.13

Elimination of Sectoral Non-Tariff Measures


1.   The Parties shall undertake further commitments on sector-specific non-tariff measures on goods as set out in Annex 2-B and Annex 2-C (hereinafter referred to as ‘Sectoral Annexes’). To that end, the Parties may, by decision in the Committee on Trade in Goods, amend the Sectoral Annexes.


2.   At the request of a Party, the Parties shall enter into negotiations with the aim of broadening the scope of their commitments on sector-specific non-tariff measures on goods.




SECTION D

SPECIFIC EXCEPTIONS RELATED TO GOODS


ARTICLE 2.14

General Exceptions


1.   Nothing in this Chapter shall prevent the taking of measures in accordance with Article XX of GATT 1994, including its Notes and Supplementary Provisions, which are hereby incorporated into and made part of this Agreement, mutatis mutandis.


2.   The Parties understand that, before taking any measures provided for in paragraphs (i) and (j) of Article XX of GATT 1994, the exporting Party intending to take the measures shall provide the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days, the exporting Party may apply measures under this Article on the exportation of the good concerned. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.




SECTION E

INSTITUTIONAL PROVISIONS


ARTICLE 2.15

Committee on Trade in Goods


1.   The Committee on Trade in Goods established pursuant to Article 16.2 (Specialised Committees) shall meet at the request of a Party or the Trade Committee to consider any matter arising under this Chapter and comprise representatives of the Parties.


2.   The Committee's functions shall include:






(a)


monitoring the implementation of this Chapter and Annexes 2-A, 2-B and 2-C;










(b)


promoting trade in goods between the Parties, including through consultations on accelerating and broadening the scope of tariff elimination and broadening of the scope of commitments on non-tariff measures under this Agreement, and on other issues as appropriate; as a result of these consultations, the Committee may, by decision, amend or expand the Annexes 2-A, 2-B and 2-C as required; and










(c)


addressing tariff and non-tariff measures to trade in goods between the Parties, and, if appropriate, referring such matters to the Trade Committee for its consideration.









CHAPTER THREE

TRADE REMEDIES


SECTION A

ANTI-DUMPING AND COUNTERVAILING MEASURES


ARTICLE 3.1

General Provisions


1.   The Parties affirm their rights and obligations arising under Article VI of GATT 1994, the Anti-Dumping Agreement and the SCM Agreement, and shall apply anti-dumping and countervailing measures in accordance with the provisions of this Chapter.


2.   The Parties, recognising that anti-dumping and countervailing measures can be abused to obstruct trade, agree that:






(a)


such measures should be used in full compliance with the relevant WTO requirements, and should be based on a fair and transparent system; and










(b)


careful consideration should be given to the interests of the Party against which such a measure is to be imposed.






3.   For the purpose of this Section, the origin of the goods shall be determined in accordance with the non-preferential rules of origin of the Parties.



ARTICLE 3.2

Transparency and Information Exchange


1.   After receipt by a Party's competent authorities of a properly documented anti-dumping application with respect to imports from the other Party, and no later than 15 days before initiating an investigation, that Party shall provide written notification to the other Party of its receipt of the application.


2.   After receipt by a Party's competent authorities of a properly documented countervailing duty application with respect to imports from the other Party, and no later than 15 days before initiating an investigation, that Party shall provide written notification to the other Party of its receipt of the application and shall afford the other Party the possibility to consult with its competent authorities regarding the application, with a view to clarifying the factual situation and to arriving at a mutually agreed solution. The Parties shall endeavour to hold these consultations as soon as possible thereafter.


3.   Both Parties shall ensure, immediately after any imposition of provisional measures, and in any case before the final determination is made, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply those measures. This is without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Any disclosure shall be made in writing, and shall allow interested parties sufficient time to make their comments.


4.   Each interested party shall be granted the possibility to be heard in order to express their views during trade remedies investigations.



ARTICLE 3.3

Lesser Duty Rule

Should a Party decide to impose any anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or countervailable subsidies, and it should be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.


ARTICLE 3.4

Consideration of Public Interest

Neither Party shall apply anti-dumping or countervailing measures where, on the basis of the information made available during the investigation, it can clearly be concluded that it is not in the public interest to apply such measures. Public interest shall take into account the situation of the domestic industry, importers and their representative associations, representative users and representative consumer organisations, to the extent they have provided relevant information to the investigating authorities.


ARTICLE 3.5

Exclusion from Bilateral Dispute Settlement and Mediation Mechanism

The provisions of this Section shall not be subject to Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation Mechanism).



SECTION B

GLOBAL SAFEGUARD MEASURES


ARTICLE 3.6

General Provisions


1.   Each Party retains its rights and obligations under Article XIX of GATT 1994, the Safeguards Agreement and Article 5 of the Agreement on Agriculture. Unless otherwise provided for in this Section, this Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken pursuant to Article XIX of GATT 1994 and the Safeguards Agreement.


2.   No Party shall apply at the same time with respect to the same good both:






(a)


a bilateral safeguard measure; and










(b)


a measure under Article XIX of GATT 1994 and the Safeguards Agreement.






3.   For the purposes of this Section, the origin of the goods shall be determined in accordance with the non-preferential rules of origin of the Parties.



ARTICLE 3.7

Transparency


1.   Notwithstanding Article 3.6 (General Provisions), at the request of the other Party, and provided that the latter has a substantial interest, a Party, when initiating a safeguard investigation or when intending to take safeguard measures, shall immediately provide, at least seven days in advance of the date of such initiation or imposition, ad hoc written notification of all pertinent information leading to the initiation of a safeguard investigation or the imposition of safeguard measures, including on the provisional findings and the final findings of the investigation, where relevant. This is without prejudice to Article 3.2 of the Safeguards Agreement.


2.   When imposing safeguard measures, the Parties shall endeavour to impose them in a way that least affects their bilateral trade.


3.   For the purposes of paragraph 2, if a Party considers that the legal requirements are met for the imposition of definitive safeguard measures, and it intends to apply such measures, it shall notify the other Party and give that Party the possibility of holding bilateral consultations. If no satisfactory solution has been reached within 30 days of the notification, the importing Party may adopt the definitive safeguard measures. The possibility of consultations should also be offered to the other Party in order to exchange views on the information referred to in paragraph 1.



ARTICLE 3.8

Exclusion from Bilateral Dispute Settlement and Mediation Mechanism

The provisions of this Section shall not be subject to Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation Mechanism).



SECTION C

BILATERAL SAFEGUARD CLAUSE


ARTICLE 3.9

Definitions

For the purposes of this Section:






(a)


‘serious injury’ and ‘threat of serious injury’ shall be understood in accordance with subparagraphs 1(a) and 1(b) of Article 4 of the Safeguards Agreement and to that end, subparagraphs 1(a) and 1(b) of Article 4 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis; and










(b)


‘transition period’ means a period of ten years from the entry into force of this Agreement.






ARTICLE 3.10

Application of Bilateral Safeguard Measure


1.   If, as a result of the reduction or elimination of a customs duty under this Agreement, originating goods of a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may, during the transition period only, adopt measures provided for in paragraph 2 in accordance with the conditions and procedures laid down in this Section.


2.   The importing Party may take a bilateral safeguard measure which:






(a)


suspends further reductions of the rate of customs duty on the good concerned provided for under Annex 2-A; or










(b)


increases the rate of customs duty on the good concerned to a level which does not exceed the lesser of:






(i)


the MFN applied rate of customs duty on the good in effect at the time the measure is taken; or










(ii)


the base rate of customs duty specified in the Schedules included in Annex 2-A pursuant to paragraph 2 of Article 2.6 (Reduction or Elimination of Customs Duties on Imports).











ARTICLE 3.11

Conditions and Limitations


1.   A Party shall notify the other Party in writing of the initiation of an investigation described in paragraph 2 and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to:






(a)


reviewing the information arising from the investigation and whether the conditions laid out in this Article are met;










(b)


exchanging views on the measure and its appropriateness in light of the objectives of this Section to remove serious injury or threat thereof to domestic industry caused by an increase in imports as set out in paragraph 1 of Article 3.10 (Application of Bilateral Safeguard Measure); and










(c)


exchanging preliminary views on compensation as set out in Article 3.13 (Compensation).






2.   A Party shall only apply a bilateral safeguard measure following an investigation by its competent authorities in accordance with Articles 3, 4.2(a) and 4.2(c) of the Safeguards Agreement. To that end, Articles 3, 4.2(a) and 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.


3.   The determination referred to in Article 3.10 (Application of Bilateral Safeguard Measure) shall not be made unless the investigation demonstrates on the basis of objective evidence the existence of a causal link between increased imports from the other party and serious injury or the threat thereof. In this respect, due consideration shall be given to other factors, including imports of the same product from other countries.


4.   Each Party shall ensure that its competent authorities complete any such investigation within one year of the date of its initiation.


5.   Neither Party shall apply a bilateral safeguard measure as set out in paragraph 1 of Article 3.10 (Application of Bilateral Safeguard Measure):






(a)


except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;










(b)


for a period exceeding two years, except that that period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years; or










(c)


beyond the expiration of the transition period, except with the consent of the other Party.






6.   No measure shall be applied again to the import of the same good during the transition period, unless a period of time equal to half of the period during which the safeguard measure was applied previously has elapsed. In this case, paragraph 3 of Article 3.13 (Compensation) shall not apply.


7.   When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its Schedule included in Annex 2-A, would have been in effect but for the measure.



ARTICLE 3.12

Provisional Measures


1.   In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and that such imports cause serious injury, or the threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of paragraphs 2 and 3 of Article 3.11 (Conditions and Limitations). The Party shall promptly refund any tariff increases if the investigation described in paragraph 2 of Article 3.11 (Conditions and Limitations) does not result in a finding that the requirements of Article 3.10 (Application of Bilateral Safeguard Measure) are met. The duration of any provisional measure shall be counted as part of the period prescribed by subparagraph 5(b) of Article 3.11 (Conditions and Limitations).


2.   If a Party takes a provisional measure pursuant to this Article, that Party shall notify the other Party in writing prior to taking such measure, and shall initiate consultations with the other Party immediately after such measure is taken.



ARTICLE 3.13

Compensation


1.   A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or in the form of concessions equivalent to the value of the additional duties expected to result from the safeguard measure. The Party applying a bilateral safeguard measure shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.


2.   If the consultations under paragraph 1 do not result in an agreement on trade liberalising compensation within 30 days after the consultations begin, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions to the Party applying the safeguard measure. The exporting Party shall notify the other Party in writing at least 30 days before suspending concessions under this paragraph.


3.   The right of suspension referred to in paragraph 2 shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.





CHAPTER FOUR

TECHNICAL BARRIERS TO TRADE


ARTICLE 4.1

Objectives

The objective of this Chapter is to facilitate and increase trade in goods between the Parties, by providing a framework to prevent, identify and eliminate unnecessary barriers to trade within the scope of the TBT Agreement.


ARTICLE 4.2

Scope and Definitions


1.   This Chapter applies to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures, as defined in Annex 1 of the TBT Agreement, which may affect trade in goods between the Parties, regardless of the origin of those goods.


2.   Notwithstanding paragraph 1, this Chapter does not apply to:






(a)


purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies; or










(b)


sanitary and phytosanitary measures, as defined in Annex A of the SPS Agreement, which are covered by Chapter Five of this Agreement.






3.   For the purposes of this Chapter, the definitions of Annex 1 to the TBT Agreement shall apply.



ARTICLE 4.3

Affirmation of the TBT Agreement

The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement, which is incorporated into and made part of this Agreement, mutatis mutandis.


ARTICLE 4.4

Joint Cooperation


1.   The Parties shall strengthen their cooperation in the field of standards, technical regulations and conformity assessment procedures, with a view to increasing the mutual understanding of their respective systems and to facilitating access to their respective markets.


2.   The Parties shall seek to identify and develop regulatory cooperation initiatives appropriate for the particular issues or sectors, which may include but are not limited to:






(a)


exchanging information and experiences on the preparation and application of their technical regulations and the use of good regulatory practice;










(b)


simplifying, where appropriate, technical regulations, standards, and conformity assessment procedures;










(c)


avoiding unnecessary divergence in their approaches to technical regulations and conformity assessment procedures, and working towards the possibility of convergence or alignment of technical regulations with international standards;










(d)


encouraging cooperation between their respective bodies, whether public or private, that are responsible for metrology, standardisation, testing, certification and accreditation;










(e)


ensuring efficient interaction of regulatory authorities at national, regional and international levels, for instance, by referring enquiries from a Party to the appropriate regulatory authorities; and










(f)


exchanging information on developments in relevant regional and multilateral fora related to standards, technical regulations and conformity assessment procedures.






3.   Upon request, a Party shall give appropriate consideration to proposals that the other Party makes for cooperation under the terms of this Chapter.



ARTICLE 4.5

Standards


1.   The Parties affirm their obligations under Article 4.1 of the TBT Agreement to ensure that their standardising bodies accept and comply with the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3 to the TBT Agreement.


2.   With a view to harmonising standards on as wide a basis as possible, each Party shall encourage its standardising bodies, as well as the regional standardising bodies of which they or their standardising bodies are Members, to cooperate with the relevant standardisation bodies of the other Party in international standardisation activities.


3.   The Parties undertake to exchange information on:






(a)


their use of standards in support of technical regulations;










(b)


each other's standardisation processes, and the extent of use of international standards or regional standards as a base for their national standards; and










(c)


cooperation agreements implemented by either Party on standardisation, provided the information can be made available to the public.







ARTICLE 4.6

Technical Regulations

The Parties agree to make best use of good regulatory practice with regard to the preparation, adoption and application of technical regulations, as provided for in the TBT Agreement including:






(a)


considering, when developing a technical regulation, inter alia, the impact of the envisaged technical regulation and the available regulatory and non-regulatory alternatives to the proposed technical regulation which may fulfil the Party's legitimate objectives;










(b)


using, consistent with Article 2.4 of the TBT Agreement and to the maximum extent possible, relevant international standards as a basis for their technical regulations, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued; where international standards have not been used as a basis, to explain upon request to the other Party the reasons why such standards have been considered inappropriate or ineffective for the aim pursued; and










(c)


specifying, consistent with Article 2.8 of the TBT Agreement and wherever appropriate, technical regulations based on product requirements in terms of performance rather than in terms of design or descriptive characteristics.






ARTICLE 4.7

Conformity Assessment Procedures


1.   The Parties recognise that a broad range of mechanisms exist to facilitate the acceptance of the results of conformity assessment procedures, including:






(a)


the importing Party's reliance on a supplier's declaration of conformity;










(b)


agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party;










(c)


the use of accreditation procedures to qualify conformity assessment bodies;










(d)


government designation of conformity assessment bodies, including bodies located in the territory of the other Party;










(e)


unilateral recognition by a Party of the results of conformity assessment procedures conducted in the territory of the other Party;










(f)


voluntary arrangements between conformity assessment bodies in the respective territories of each Party; and










(g)


the use of regional or international multilateral recognition agreements and arrangements of which the Parties are parties.






2.   Having regard, in particular, to those considerations, the Parties shall:






(a)


intensify their exchange of information regarding these and other mechanisms, with a view to facilitating the acceptance of conformity assessment results;










(b)


exchange information on the criteria used to select appropriate conformity assessment procedures for specific products and, in line with Article 5.1.2 of the TBT Agreement, require that conformity assessment procedures shall not be more strict or be applied more strictly than is necessary to give the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create;










(c)


exchange information on accreditation policies and consider how to make the best use of international standards for accreditation and the best use of international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Co-operation and the International Accreditation Forum; and










(d)


ensure that, insofar as two or more conformity assessment bodies are authorised by a Party to carry out conformity assessment procedures required for placing the product on the market, economic operators may choose among them.






3.   The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement that fees imposed for mandatory conformity assessment of imported products shall be equitable in relation to any fees chargeable for assessing the conformity of like products of national origin or originating in any other country, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body.


4.   Upon request by either Party, the Parties may decide to engage in consultations with a view to defining sectoral initiatives regarding the use of conformity assessment procedures or the facilitation of acceptance of conformity assessment results that are appropriate for the respective sectors. The Party making the request should substantiate it with relevant information on how this sectoral initiative would facilitate trade between the Parties. In these consultations, all mechanisms described in paragraph 1 may be considered. Where a Party declines such a request from the other Party, it shall, upon request, explain its reasons.



ARTICLE 4.8

Transparency

The Parties reaffirm their transparency obligations under the TBT Agreement with regard to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures, and agree:






(a)


where a part of the process of developing a technical regulation is open to public consultation, to take the other Party's views into account and, without discrimination, to provide reasonable opportunities for the other Party and its interested persons to make comments;










(b)


when making notifications in accordance with Article 2.9 of the TBT Agreement, to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal and where practicable, to give appropriate consideration to reasonable requests for extending the comment period;










(c)


to allow sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise; and










(d)


to make available to the other Party or its economic operators relevant information (for example through a public website, if available) on technical regulations, standards and conformity assessment procedures in force and, as appropriate and available, written guidance on compliance with its technical regulations, upon request and without undue delay.






ARTICLE 4.9

Market Surveillance

The Parties undertake to exchange information on market surveillance and enforcement activities.


ARTICLE 4.10

Marking and Labelling


1.   The Parties note that, according to paragraph 1 of Annex 1 of the TBT Agreement, a technical regulation may include or deal exclusively with marking or labelling requirements, and they agree, where their technical regulations contain mandatory marking or labelling, to ensure that such regulations are not prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and that such regulations are not more trade restrictive than necessary to fulfil a legitimate objective, as referred to under Article 2.2 of the TBT Agreement.


2.   The Parties agree that where a Party requires the mandatory marking or labelling of products:






(a)


that Party shall endeavour to restrict its requirements only to those which are relevant for consumers or users of the product or are relevant to indicate the product's conformity with the mandatory requirements;










(b)


that Party may specify the information to be provided on the label, and may require compliance with certain regulatory requirements for the affixing of the label, but shall not require any prior approval or certification of labels and markings as a precondition for sale of the products on its market, unless this is deemed necessary in the light of the risk of the product to human, animal or plant health or life;










(c)


where that Party requires the use of a unique identification number by economic operators, that Party shall ensure that such numbers are issued to the relevant economic operators without undue delay and on a non-discriminatory basis;










(d)


provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, that Party shall permit the following to be used in the marking or labelling of products:






(i)


information in other languages in addition to the information in the language required by 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)


that Party shall accept that labelling, including re-labelling and corrections to labelling, may take place, where relevant, in authorised premises (for example, in customs warehouses at the point of import) in the territory of the importing Party prior to the distribution and sale of the product, as an alternative to labelling in the place of origin, unless such labelling in the place of origin is required for reasons of public health or safety; and










(f)


that Party shall endeavour, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.






3.   Without prejudice to the Parties' rights and obligations under the WTO Agreement, paragraph 2 shall apply to agricultural products, industrial products, and processed agricultural food products, including beverages and spirits.



ARTICLE 4.11

Contact Points

The functions of the contact points designated in accordance with Article 13.4 (Enquiries and Contact Points) shall include:






(a)


monitoring the implementation and administration of this Chapter;










(b)


promptly addressing any issue that the other Party raises related to the development, adoption, application or enforcement of standards, technical regulations or conformity assessment procedures;










(c)


enhancing cooperation in the development and improvement of standards, technical regulations, and conformity assessment procedures;










(d)


exchanging information on standards, technical regulations, and conformity assessment procedures;










(e)


facilitating cooperation activities, as appropriate, in accordance with paragraph 2 of Article 4.4 (Joint Cooperation); and










(f)


arranging the establishment of ad hoc working groups at the request of either Party, in order to explore ways to facilitate trade between the Parties.






ARTICLE 4.12

Final Provisions


1.   The Parties may discuss, in the Committee on Trade in Goods established pursuant to Article 16.2 (Specialised Committees), any implementing arrangements arising from this Chapter. The Parties may adopt, by decision in that Committee, any implementing measure required to this effect.


2.   The Parties have undertaken further commitments on sector-specific non-tariff measures on goods as set out in Annex 4-A and the Appendices pertaining thereto.




CHAPTER FIVE

SANITARY AND PHYTOSANITARY MEASURES


ARTICLE 5.1

Objectives

The objectives of this Chapter are:






(a)


to protect human, animal or plant life or health in the respective territories of the Parties while facilitating trade between the Parties in the area of sanitary and phytosanitary measures (hereinafter referred to as ‘SPS measures’);










(b)


to collaborate on the further implementation of the SPS Agreement; and










(c)


to provide a means to improve communication, cooperation and resolution of issues related to the implementation of SPS measures affecting trade between the Parties.






ARTICLE 5.2

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 shall also apply to collaboration between the Parties on animal welfare matters of mutual interest to the Parties.


3.   Nothing in this Chapter shall affect the rights of the Parties under the TBT Agreement with respect to measures not within the scope of this Chapter.



ARTICLE 5.3

Definitions

For the purposes of this Chapter:






(a)


the definitions contained in Annex A of the SPS Agreement shall apply; and










(b)


the Parties may agree on other definitions to be used in the application of this Chapter, taking into consideration the glossaries and definitions of relevant international organisations, such as the CODEX Alimentarius Commission (hereinafter referred to as ‘Codex Alimentarius’), the World Organisation for Animal Health (hereinafter referred to as ‘OIE’) and under the International Plant Protection Convention (hereinafter referred to as ‘IPPC’).






ARTICLE 5.4

Rights and Obligations

The Parties affirm their rights and obligations under the SPS Agreement.


ARTICLE 5.5

Competent Authorities

The competent authorities of the Parties responsible for the implementation of this Chapter are set out in Annex 5-A. The Parties shall notify each other of any changes to those competent authorities.


ARTICLE 5.6

General Principles

When implementing this Chapter, the Parties:






(a)


shall ensure the consistency of SPS measures with the principles established by Article 3 of the SPS Agreement;










(b)


shall not use SPS measures to create unjustified barriers to trade;










(c)


shall ensure that procedures established under this Chapter are undertaken and completed without undue delay, and that such procedures are not applied in a manner which would constitute an arbitrary or unjustifiable discrimination against the other Party, where identical or similar conditions exist; and










(d)


shall use neither the procedures referred to in subparagraph (c), nor any requests for additional information, to delay access to their respective markets without scientific and technical justification.






ARTICLE 5.7

Import Requirements


1.   The import requirements of a Party shall apply to the entire territory of the other Party.


2.   The exporting Party shall ensure that products exported to the importing Party meet the sanitary and phytosanitary requirements of the importing Party.


3.   The importing Party shall ensure that its import requirements are applied to products imported from the exporting Party in a proportionate and non-discriminatory manner.


4.   Any fees imposed for the procedures for products imported from the exporting Party shall be equitable in relation to any fees charged for like domestic products and shall not be higher than the actual cost of the service.


5.   The importing Party shall have the right to carry out import checks on products imported from the exporting Party for the purpose of implementing SPS measures.


6.   The import checks carried out on products imported from the exporting Party shall be based on the sanitary and phytosanitary risk associated with such imports. They shall be carried out without undue delay and with minimum effect on trade between the Parties.


7.   The importing Party shall make available to the exporting Party, upon request by the exporting Party, information about the frequency of import checks carried out on products from the exporting Party. The importing Party may change the frequency of physical checks on consignments, where appropriate, as a consequence of (i) verifications, (ii) import checks, or (iii) a mutual agreement between the Parties, including following the consultations provided for in this Chapter.


8.   In the event that the import checks demonstrate that products do not comply with the relevant import requirements of the importing Party, any action taken by the importing Party should be proportionate to the sanitary and phytosanitary risk associated with the importation of the non-compliant product.



ARTICLE 5.8

Verifications


1.   In order to build and maintain confidence in the effective implementation of this Chapter, the importing Party shall have the right to carry out verifications at any time, including:






(a)


through verification visits to the exporting Party, to verify all or part of the inspection and certification system of the exporting Party's competent authorities, in accordance with the relevant international standards, guidelines and recommendations of the Codex Alimentarius, OIE and IPPC; and










(b)


by requiring the exporting Party to provide information about its inspection and certification system and by obtaining the results of the controls carried out thereunder.






2.   The importing Party shall share with the exporting Party the results and conclusions of the verifications carried out pursuant to paragraph 1. The importing Party may make those results publicly available.


3.   If the importing Party decides to carry out a verification visit to the exporting Party, the importing Party shall notify the exporting Party of this verification visit at least 60 calendar days before the verification visit is to be carried out, except in emergency cases or where the Parties agree otherwise. Any modification to such a visit shall be agreed by the Parties.


4.   The costs incurred in carrying out the verification of all or part of the exporting Party's competent authorities' inspection and certification systems and the costs incurred in carrying out any inspections of individual establishments shall be borne by the importing Party.


5.   The importing Party shall provide information in writing of a verification to the exporting Party within 60 calendar days. The exporting Party shall have 45 calendar days to comment on such information. The exporting Party's comments shall be attached to and, where appropriate, included in the final outcome document.


6.   Notwithstanding paragraph 5, where a significant risk to human, animal or plant life or health has been identified during a verification, the importing Party shall inform the exporting Party as quickly as possible, and in any case within ten calendar days following the end of the verification.



ARTICLE 5.9

Trade Facilitation


1.   In cases where the importing Party requires an on-the-spot verification to authorise imports of a certain category or categories of products of animal origin from the exporting Party, the following shall apply:






(a)


The verification shall evaluate the exporting Party's inspection and certification system in accordance with Article 5.8 (Verifications) and shall take into consideration, upon request, any relevant written information provided by the exporting Party.










(b)


In case of a satisfactory outcome of the verification of the inspection and certification system, the importing Party shall inform the exporting Party in writing of the positive outcome of the verification. In such case, the information provided may include the fact that the importing Party has authorised, or will authorise, imports of specific category or categories of products.










(c)


If the outcome of the verification of the inspection and certification systems is not satisfactory, the importing Party shall inform, in writing, the exporting Party of the result of the verification. In such case, the information shall include one of the following:






(i)


a statement of the conditions, including those related to the inspection and certification system of the exporting Party, that still need to be put in place by the exporting Party to allow the importing Party to authorise imports of a specific category or categories of products of animal origin;










(ii)


a reference to the fact that specific establishments of products of animal origin may be allowed to export to the importing Party upon compliance with the relevant import requirements of Article 5.7 (Import Requirements); or










(iii)


a statement that the importing Party has not authorised the importation of the specific category or categories of products from the exporting Party.










2.   In cases where the importing Party has authorised the importation of a specific category or categories of products of animal origin referred to in paragraph 1(b), the exporting Party shall inform the importing Party of the list of individual establishments that meet the importing Party's requirements in accordance with, in particular, Article 5.7 (Import Requirements) and Article 5.8 (Verifications). Furthermore the following applies:






(a)


At the request of the exporting Party, the importing Party shall approve individual establishments as referred to in paragraph 3 of Annex 5-B which are situated in the territory of the exporting Party, without prior inspection of those individual establishments. When requesting the approval by the importing Party, the exporting Party shall provide any information required by the importing Party to guarantee the compliance with the relevant requirements, including those of Article 5.7 (Import Requirements). The approval by the importing Party shall be consistent with the conditions set out in Annex 5-B, and shall be limited to those categories of products for which imports are authorised.










(b)


Upon the approval of the individual establishments referred to in subparagraph 2(a), the importing Party shall take the necessary legislative or administrative measures, in accordance with its applicable legal and administrative procedures, to allow imports within 40 calendar days of the receipt of the request of the exporting Party and, if applicable, the information required by the importing Party to guarantee the compliance with the relevant requirements, including those of Article 5.7 (Import Requirements).










(c)


The importing Party shall notify the exporting Party of its acceptance or rejection of any individual establishments referred to in paragraph 2(a) and, if applicable, the reasons for any rejection.







ARTICLE 5.10

Measures Linked to Animal and Plant Health


1.   The Parties recognise the concepts of pest- or disease-free areas and areas of low pest or disease prevalence, in accordance with the SPS Agreement, OIE and IPPC standards, guidelines and recommendations. The SPS Committee referred to in Article 5.15 (Committee on Sanitary and Phytosanitary Measures) may define further details for the procedure for the recognition of such areas, including procedures for the recognition of such areas in cases where there has been an outbreak, taking into account any relevant SPS Agreement, OIE and IPPC standards, guidelines or recommendations.


2.   When determining pest- or disease-free areas and areas of low pest or disease prevalence, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls in such areas.


3.   The Parties shall establish close cooperation on the determination of pest- or disease-free areas and areas of low pest and disease prevalence, with the objective of attaining confidence in the procedures followed by the other Party for the determination of such areas. When accepting the determination of such areas made by the exporting Party, the importing Party shall, in principle, base its 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, guidelines and recommendations.


4.   If the importing Party does not accept the determination made by the exporting Party, it shall explain the reasons and shall be ready to enter into consultations.


5.   Where the exporting Party claims that areas within its territory are pest- or disease-free areas or areas of low pest or disease prevalence, it shall provide relevant evidence in order to objectively demonstrate to the importing Party that such areas are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease prevalence, as the case may be. For this purpose, reasonable access shall be given, upon request, to the importing Party for inspection, testing and other relevant procedures.


6.   The Parties recognise the principle of compartmentalisation of the OIE and pest-free production sites of the IPPC. The SPS Committee referred to in Article 5.15 (Committee on Sanitary and Phytosanitary Measures) will assess any OIE and IPPC recommendations that may be issued on this matter in the future and may issue recommendations accordingly.



ARTICLE 5.11

Transparency and Exchange of Information


1.   The Parties shall:






(a)


pursue transparency as regards SPS measures applicable to trade and, in particular, to those of Article 5.7 (Import Requirements) applied to imports from the other Party;










(b)


enhance mutual understanding of each Party's SPS measures and their application;










(c)


exchange information 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 their negative trade effects;










(d)


communicate, upon the request of a Party, the import requirements that apply to the importation of specific products within 15 calendar days; and










(e)


communicate, upon the request of a Party, progress on the application for the authorisation of specific products within 15 calendar days.






2.   The contact points responsible for the information pursuant to paragraph 1 are those that are designated by the Parties in accordance with paragraph 1 of Article 13.4 (Enquiries and Contact Points). Information shall be sent by post, fax or e-mail. Information by e-mail may be signed electronically and shall only be sent between the contact points.


3.   Where the information pursuant to subparagraph 1(c) has been made available by notification to the WTO in accordance with its relevant rules and procedures, or where the above information has been made available on the official, publicly accessible and fee-free websites of the Parties, the information exchange referred to in that subparagraph shall be deemed to have taken place.


4.   All notifications under this Chapter shall be made to the contact points referred to under paragraph 2.



ARTICLE 5.12

Consultations


1.   Each Party shall notify the other Party in writing, within two calendar days, of any serious or significant risk to human, animal or plant life or health, including any food emergencies.


2.   Where a Party has serious concerns regarding a risk to human, animal or plant life or health, affecting commodities for which trade takes place, consultations regarding the situation shall, upon request, take place as soon as possible. In such case, each Party shall endeavour to provide all necessary information in due time to avoid disruption in trade.


3.   Consultations referred to in paragraph 2 of this Article may be held by e-mail, video or telephone conference. The requesting Party shall ensure the preparation of the minutes of the consultation.



ARTICLE 5.13

Emergency Measures


1.   In case of serious risk to human, animal or plant life or health, the importing Party may, without previous notification, take measures necessary to protect human, animal or plant life or health. For consignments in transport between the Parties, the importing Party shall consider the most suitable and proportionate solution in order to avoid unnecessary disruptions to trade.


2.   The Party taking the measures shall inform the other Party as soon as possible, and in any case no later than 24 hours after the adoption of the measure. Either Party may request any information related to the sanitary and phytosanitary situation or to any such measures that have been adopted. The other Party shall reply as soon as the requested information is available.


3.   Upon the request of either Party, and in accordance with the provisions of Article 5.12 (Consultations), the Parties shall hold consultations regarding the situation within 15 calendar days of the notification. 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.



ARTICLE 5.14

Equivalence


1.   The Parties may recognise the equivalence of an individual measure, groups of measures or systems applicable to a sector or to a part of a sector in accordance with paragraphs 4 to 7. The recognition of equivalence shall be applied to trade between the Parties in animals and animal products, plants and plant products, or, as appropriate, to related goods.


2.   Where equivalence has not been recognised, trade shall take place under the conditions required by the importing Party to meet its appropriate level of protection.


3.   The recognition of equivalence requires an assessment and acceptance of:






(a)


existing SPS measures in legislation, standards and procedures, including controls related to inspection and certification systems to ensure that the SPS measures of both the exporting Party and the importing Party are met;










(b)


the documented structure of the competent authorities, their powers, their chain of command, their modus operandi and the resources available to them; and










(c)


the performance of the competent authority in relation to the control programmes and assurances.






4.   In their assessments, the Parties shall take account of experience already acquired.


5.   The importing Party shall accept a sanitary or phytosanitary measure of the exporting Party as equivalent if the exporting Party objectively demonstrates that its measure achieves the importing Party's appropriate level of protection. For this purpose, reasonable access shall be given, upon request, to the importing Party for inspection, testing and other relevant procedures.


6.   The Parties will take into account guidance of the Codex Alimentarius, OIE, IPPC and the WTO SPS Committee in recognising equivalence.


7.   Furthermore, where equivalence has been recognised, the Parties may agree on a simplified model for the official sanitary or phytosanitary certificates that are necessary for each consignment of animals or animal products, plants or plant products, or other related goods intended for importation.



ARTICLE 5.15

Committee on Sanitary and Phytosanitary Measures


1.   The Committee on Sanitary and Phytosanitary Measures (hereinafter referred to as the ‘SPS Committee’) established pursuant to Article 16.2 (Specialised Committees) shall include representatives of the competent authorities of the Parties.


2.   The SPS Committee shall meet within one year of the entry into force of this Agreement. Thereafter it shall meet at least once a year or as agreed by the Parties. The SPS Committee shall establish its rules of procedure at its first meeting. It shall meet in person, by telephone conference, by video-conference, or through any other means, as agreed by the Parties.


3.   The SPS Committee may agree to establish technical working groups consisting of experts of the Parties, which shall identify and address technical and scientific issues arising under this Chapter and shall explore opportunities for further collaboration on SPS matters of mutual interest. When additional expertise is needed, persons other than representatives of the Parties may participate in the work of a technical working group.


4.   The SPS Committee may address any matter related to the effective functioning of this Chapter. In particular, it shall have the following responsibilities and functions:






(a)


developing the necessary procedures or arrangements for the implementation of this Chapter, including Annexes 5-A and 5-B;










(b)


monitoring the implementation of this Chapter; and










(c)


providing a forum for discussion of problems arising from the application of certain SPS measures with a view to reaching mutually acceptable solutions. In this connection, the SPS Committee shall be convened as a matter of urgency, at the request of a Party, so as to carry out consultations. Such consultations are without prejudice to the rights and obligations of the Parties under Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation Mechanism).






5.   The SPS Committee shall exchange information, expertise and experiences in the field of animal welfare in order to promote the collaboration on animal welfare between the Parties.


6.   The Parties may, by decision in the SPS Committee, adopt recommendations and decisions related to the authorisation of imports, exchange of information, transparency, recognition of regionalisation, equivalency and alternative measures, and any other matter referred to under paragraphs 4 and 5.



ARTICLE 5.16

Technical Consultations


1.   Where a Party considers that a measure of the other Party is or might be contrary to the obligations under this Chapter, and considers that the measure causes or may cause an unjustified disruption to trade, it may request technical consultations in the SPS Committee with a view to reaching mutually acceptable solutions. The competent authorities set out in Annex 5-A shall facilitate these consultations.


2.   Technical consultations in the SPS Committee shall be deemed concluded within 30 days following the date of submission of the request for technical consultations, unless the consulting Parties agree to continue with the consultations. The technical consultations may be made via telephone conference, video-conference, or any other mechanism agreed by the Parties.




CHAPTER SIX

CUSTOMS AND TRADE FACILITATION


ARTICLE 6.1

Objectives


1.   The Parties recognise the importance of customs and trade facilitation matters in the evolving global trading environment. The Parties agree to reinforce cooperation in this area, with a view to ensuring that the 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 control.


2.   To that end, the Parties agree that legislation shall be non-discriminatory, and that customs procedures shall be based upon the use of modern methods and effective controls to combat fraud and to protect legitimate trade.


3.   The Parties recognise that legitimate public policy objectives, including in relation to security, safety and combating fraud, shall not be compromised in any way.



ARTICLE 6.2

Principles


1.   The Parties agree that their respective customs provisions and procedures shall be based upon:






(a)


international instruments and standards applicable in the area of customs and trade which the respective Parties have accepted, including the substantive elements of the Revised Kyoto Convention on the Simplification and Harmonisation of Customs Procedures, the International Convention on the Harmonized Commodity Description and Coding System, and the Framework of Standards to Secure and Facilitate Global Trade (hereinafter referred to as ‘SAFE Framework’) of the World Customs Organization (hereinafter referred to as ‘WCO’);










(b)


the protection of legitimate trade through the effective enforcement and compliance of legislative requirements;










(c)


legislation that avoids unnecessary or discriminatory burdens on economic operators, that provides for further trade facilitation for economic operators with high levels of compliance, and that ensures safeguards against fraud and illicit or damageable activities; and










(d)


rules that ensure that any penalty imposed for breaches of customs regulations or procedural requirements is proportionate and non-discriminatory, and that their application shall not unduly delay the release of goods.






2.   In order to improve working methods, as well as to ensure non-discrimination, transparency, efficiency, integrity and accountability of operations, the Parties shall:






(a)


simplify requirements and formalities wherever possible with respect to the rapid release and clearance of goods; and










(b)


work towards the further simplification and standardisation of the data and documentation required by customs and other agencies.







ARTICLE 6.3

Customs Cooperation


1.   The Parties shall cooperate on customs matters between their respective authorities in order to ensure that the objectives set out in Article 6.1 (Objectives) are attained.


2.   In order to enhance cooperation on customs matters, the Parties shall, inter alia:






(a)


exchange information concerning their respective customs legislation, the implementation thereof, and their customs procedures, particularly in relation to the following areas:






(i)


simplification and modernisation of customs procedures;










(ii)


border enforcement of intellectual property rights by the customs authorities;










(iii)


transit movements and transhipment; and










(iv)


relations with the business community;














(b)


consider developing joint initiatives relating to import, export and other customs procedures, as well as towards ensuring an effective service to the business community;










(c)


work together on customs-related aspects of securing and facilitating the international trade supply chain in accordance with the SAFE Framework;










(d)


establish, where appropriate, mutual recognition of their respective risk management techniques, risk standards, security controls and trade partnership programmes, including aspects such as data transmission and mutually agreed benefits; and










(e)


strengthen coordination in international organisations such as the WTO and the WCO.







ARTICLE 6.4

Transit and Transhipment


1.   Each Party shall ensure the facilitation and effective control of transhipment operations and transit movements through its territory.


2.   The Parties shall promote and implement regional transit arrangements with a view to facilitating trade.


3.   The Parties shall ensure cooperation and coordination between all concerned authorities and agencies in their respective territories to facilitate traffic in transit.



ARTICLE 6.5

Advance Rulings

Prior to the importation of goods into its territory, and in accordance with its legislation and procedures, each Party shall issue to traders established in its territory, through its customs authorities or other competent authorities, written advance rulings concerning tariff classification, origin, and any other matters as the Party may decide.


ARTICLE 6.6

Simplified Customs Procedure


1.   Each Party shall provide simplified import and export procedures that are transparent and efficient, in order to reduce costs and increase predictability for economic operators, including small and medium sized enterprises. Easier access to customs simplifications shall also be provided for authorised traders, according to objective and non-discriminatory criteria.


2.   A single customs declaration document or its electronic equivalent shall be used for the purpose of completing the formalities required for placing the goods under a customs procedure.


3.   The Parties shall apply modern customs techniques, including risk assessment and post-clearance audit methods, in order to simplify and facilitate the entry and the release of goods.


4.   The Parties shall promote the progressive development and use of systems, including those based upon information technology, to facilitate the electronic exchange of data among their respective traders, customs authorities and other related agencies.



ARTICLE 6.7

Release of Goods

Each Party shall ensure that its customs authorities, border agencies or other competent authorities shall apply requirements and procedures that:






(a)


provide for the prompt release of goods within a period no greater than that required to ensure compliance with its customs and other trade-related laws and formalities;










(b)


provide for pre-arrival processing (i.e. advance electronic submission and eventual processing of information before physical arrival of goods) to enable the release of goods on arrival; and










(c)


provide for the release of goods without the payment of customs duties, subject to the provision of a guarantee, if required according to the legislation of the Party concerned, in order to secure the final payment of customs duties.






ARTICLE 6.8

Fees and Charges


1.   Fees and charges shall only be imposed for services provided in connection with the importation or exportation in question and for any formality required for undertaking such importation or exportation. They shall not exceed the approximate cost of the service provided, and shall not be calculated on an ad valorem basis.


2.   The information on fees and charges shall be published via an officially designated medium, which may include the internet. This information shall include the reason for the fee or charge for the service provided, the responsible authority, the fee or charge that will be applied, and when and how payment is to be made.


3.   New or amended fees and charges shall not be imposed until information in accordance with paragraph 2 is published and made readily available.



ARTICLE 6.9

Customs Brokers

The Parties agree that their respective customs provisions and procedures shall not require the mandatory use of customs brokers. The Parties shall apply transparent, non-discriminatory and proportionate rules when licensing customs brokers.


ARTICLE 6.10

Preshipment Inspections

The Parties agree that their respective customs provisions and procedures shall not require the mandatory use of preshipment inspections as defined in the Agreement on Preshipment Inspection, or any other inspection activity performed by private companies at the destination, before customs clearance.


ARTICLE 6.11

Customs Valuations


1.   The Parties shall determine the customs value of goods in accordance with the Customs Valuation Agreement.


2.   The Parties shall cooperate with a view to reaching a common approach to issues relating to customs valuation.



ARTICLE 6.12

Risk Management


1.   Each Party shall base its examination and release procedures and its post-entry verification procedures on risk assessment principles and the use of audits, rather than examining each shipment in a comprehensive manner for compliance with all import requirements.


2.   The Parties agree to adopt and apply their control requirements and procedures for the importation, exportation, transit and transhipment of goods on the basis of risk management principles which shall be applied to focus compliance measures on transactions that merit attention.



ARTICLE 6.13

Single Window

Each Party shall endeavour to develop or maintain single window systems to facilitate a single, electronic submission of all information required by customs and other legislation for the exportation, importation and transit of goods.


ARTICLE 6.14

Appeal Procedures


1.   Each Party shall provide effective, prompt, non-discriminatory and easily accessible procedures to guarantee the right of appeal against the administrative actions, rulings and decisions by customs and other competent authorities that affect the importation or exportation of goods or that affect goods in transit.


2.   Appeal procedures may include administrative review by the supervising authority and the judicial review of decisions taken at the administrative level in accordance with the legislation of the Parties.



ARTICLE 6.15

Transparency


1.   Each Party shall publish or otherwise make available, including through electronic means, their legislation, regulations, and administrative procedures and other requirements relating to customs and trade facilitation.


2.   Each Party shall designate or maintain one or more inquiry or information points to address inquiries by interested persons concerning customs and trade facilitation matters.



ARTICLE 6.16

Relations with the Business Community

The Parties agree:






(a)


on the importance of timely consultations with trade representatives when formulating legislative proposals and general procedures related to customs and trade facilitation issues; to that end, consultations shall be held between customs authorities and the business community, as appropriate;










(b)


to publish or otherwise make available, as far as possible through electronic means, new legislation and general procedures related to customs and trade facilitation issues prior to the application of any such legislation and procedures, as well as changes to and interpretations of such legislation and procedures; they shall also make publicly available relevant notices of an administrative nature, including agency requirements and entry procedures, hours of operation and operating procedures for customs offices at ports and border crossing points, and points of contact for information enquiries;










(c)


on the need for a reasonable time period between the publication of new or amended legislation, procedures and fees or charges and their entry into force, without prejudice to legitimate public policy objectives (e.g. changes in duty rates); and










(d)


to ensure that their respective customs and related requirements and procedures continue to meet the needs of the trading community, follow best practices, and that they remain the least trade-restrictive requirements and procedures possible.






ARTICLE 6.17

Committee on Customs


1.   The Committee on Customs established by Article 16.2 (Specialised Committees) shall consist of representatives of the customs and other competent authorities of the Parties. The Committee on Customs shall ensure the proper functioning of this Chapter, Protocol 1 and any additional provisions relating to customs that the Parties may agree on. The Parties may examine and take decisions in the Committee on Customs on all issues arising thereunder.


2.   The Parties may adopt recommendations and take decisions in the Committee on Customs on the mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes, including aspects such as data transmission and mutually agreed benefits, and any other issue covered by paragraph 1.


3.   The Parties may agree to hold ad hoc meetings for any customs matter, including rules of origin, and any additional customs-related provisions as agreed between the Parties. They may also establish sub-groups for specific issues, where appropriate.




CHAPTER SEVEN

NON-TARIFF BARRIERS TO TRADE AND INVESTMENT IN RENEWABLE ENERGY GENERATION


ARTICLE 7.1

Objectives

In line with global efforts to reduce greenhouse gas emissions, the Parties share the objective of promoting, developing and increasing the generation of energy from renewable and sustainable non-fossil sources, particularly through facilitating trade and investment. To this effect, the Parties shall cooperate towards removing or reducing tariffs as well as non-tariff barriers, and shall cooperate on fostering regulatory convergence with or towards regional and international standards.


ARTICLE 7.2

Definitions

For the purposes of this Chapter:






(a)


‘local content requirement’ means






(i)


with respect to goods, a requirement for an enterprise to purchase or use goods of domestic origin or goods from a domestic source, whether that requirement is specified in terms of particular products, in terms of volume or value of products, or in terms of a proportion of volume or value of its local production;










(ii)


with respect to services, a requirement which restricts the choice of the service supplier or the service supplied, to the detriment of services or service suppliers from the other Party;














(b)


‘measure’ means any measure within the scope of this Chapter that is taken by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;










(c)


‘measures requiring the formation of partnerships with local companies’ means any requirements to jointly establish or operate with local companies or other businesses any legal entity such as a corporation, trust, partnership, joint venture or to enter into other contractual relations;










(d)


‘offset’ means any condition that encourages local development, such as the unjustified licensing of technology, investment, obligation to contract with a particular financial institution, counter-trade, and similar requirements; and










(e)


‘service supplier’ means as defined in paragraph (l) of Article 8.2 (Definitions).






ARTICLE 7.3

Scope


1.   This Chapter applies to measures which may affect trade and investment between the Parties related to the generation of energy from renewable and sustainable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases, but not to the products from which energy is generated.


2.   This Chapter does not apply to research and development projects and to demonstration projects carried out on a non-commercial scale.


3.   This Chapter is without prejudice to the application of any other relevant provisions of this Agreement, including any exceptions, reservations or restrictions to those provisions, to the measures mentioned in paragraph 1, mutatis mutandis. For greater certainty, in the event of any inconsistency between this Chapter and any other provisions of this Agreement, the other provisions of this Agreement shall prevail to the extent of the inconsistency.



ARTICLE 7.4

Principles

Each Party shall:






(a)


refrain from adopting measures providing for local content requirements or any other offset affecting the other Party's products, service suppliers, entrepreneurs or establishments;










(b)


refrain from adopting measures requiring the formation of partnerships with local companies, unless such partnerships are deemed necessary for technical reasons and the Party can demonstrate such technical reasons upon request by the other Party;










(c)


ensure that any rules concerning the authorisation, certification and licensing procedures that are applied, in particular to equipment, plants and associated transmission network infrastructures, are objective, transparent, and non-arbitrary, and do not discriminate against applicants from the other Party;










(d)


ensure that administrative charges imposed on or in connection with the:






(i)


importation and use of goods originating in the other Party, or affecting the provision of goods by the other Party's suppliers, are subject to Article 2.10 (Fees and Formalities Connected with Importation and Exportation); and










(ii)


provision of services by the other Party's suppliers are subject to Article 8.18 (Scope and Definitions), Article 8.19 (Conditions for Licensing and Qualification) and Article 8.20 (Licensing and Qualification Procedures); and














(e)


ensure that the terms, conditions and procedures for the connection and access to electricity transmission grids are transparent and do not discriminate against suppliers of the other Party.






ARTICLE 7.5

Standards, Technical Regulations and Conformity Assessment


1.   Where international or regional standards exist with respect to products for the generation of energy from renewable and sustainable non-fossil sources, the Parties shall use those standards, or the relevant parts of those standards, as a basis for their technical regulations except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued. For the purpose of applying this paragraph, the International Organization for Standardization (hereinafter referred to as ‘ISO’) and the International Electrotechnical Commission (hereinafter referred to as ‘IEC’), in particular, shall be considered relevant international standard-setting bodies.


2.   Where appropriate, the Parties shall specify technical regulations based on product requirements in terms of performance, including environmental performance, rather than in terms of design or descriptive characteristics.


3.   With respect to products listed in Chapter 84 of the Harmonized System (except 8401) as well as in HS 850231 and 854140:






(a)


the Union will accept declarations of conformity from Singapore suppliers under the same terms as from Union suppliers and without any further requirements, for the purpose of placing such products on the market; and










(b)


Singapore will accept EU declarations of conformity or test reports without any further requirements, for the purpose of placing such products on the market. Singapore may require mandatory third party testing or certification under the conditions set out in Article 5 (Safeguard Measures) of Annex 4-A.




For greater certainty, this paragraph is without prejudice to either Party applying requirements not related to the products referred to in this paragraph, such as zoning laws or building codes.



ARTICLE 7.6

Exceptions


1.   This Chapter is subject to the exceptions provided for in Article 2.14 (General Exceptions), Article 8.62 (General Exceptions), Article 9.3 (Security and General Exceptions) and, for greater certainty, to the relevant provisions of Chapter Sixteen (Institutional, General and Final Provisions).


2.   For greater certainty, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties' products, service suppliers or investors where the same conditions prevail, or a disguised restriction on trade and investment between the Parties, nothing in this Chapter shall be construed as preventing a Party from the adoption or enforcement of measures necessary for the safe operation of the energy networks concerned, or the safety of energy supply.



ARTICLE 7.7

Implementation and Cooperation


1.   The Parties shall cooperate and exchange information on any issues relevant for the implementation of this Chapter in the Trade Committee established pursuant to Article 16.1 (Trade Committee). The Parties may, by decision of the Trade Committee, adopt appropriate implementing measures to this effect and update this Chapter as appropriate.


2.   The cooperation may include:






(a)


exchanging information, regulatory experiences and best practices in areas such as:






(i)


the design and non-discriminatory implementation of measures promoting the uptake of energy from renewable sources;










(ii)


carbon capture and storage;










(iii)


smart grids;










(iv)


energy efficiency; and










(v)


technical regulations, standards and conformity assessment procedures, such as those relating to grid code requirements; and














(b)


promoting, also in relevant regional fora, the convergence of their domestic or regional technical regulations, regulatory concepts, standards, requirements and conformity assessment procedures with international standards.








CHAPTER EIGHT

SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE


SECTION A

GENERAL PROVISIONS


ARTICLE 8.1

Objective and Scope


1.   The Parties, affirming their respective commitments under the WTO Agreement, hereby lay down the necessary arrangements for the progressive reciprocal liberalisation of trade in services, establishment and electric commerce.


2.   Except as otherwise provided, this Chapter shall not:






(a)


apply to subsidies granted or grants provided by a Party, including government-supported loans, guarantees, and insurance;










(b)


apply to services supplied in the exercise of governmental authority within the respective territories of the Parties;










(c)


require the privatisation of public undertakings; and










(d)


apply to laws, regulations or requirements governing the procurement by governmental agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale.






3.   Each Party retains the right to regulate and to introduce new regulations to meet legitimate policy objectives in a manner consistent with this Chapter.


4.   This Chapter does not apply to measures that affect natural persons seeking access to the employment market of a Party, or to measures regarding citizenship, residence or employment on a permanent basis. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including measures that are necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits (4) accruing to the other Party under the terms of this Chapter.



ARTICLE 8.2

Definitions

For the purposes of this Chapter:






(a)


‘direct taxes’ comprises all taxes on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of property, taxes on estates, inheritances and gifts, and taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation;










(b)


‘juridical 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;










(c)


‘Union juridical person’ or ‘Singapore juridical person’ means:






(i)


a juridical person set up in accordance with the laws of the Union and/or the Member States of the Union, or Singapore, respectively, and having its registered office, central administration (5), or principal place of business in the territory of the Union or Singapore, respectively; or










(ii)


in the case of establishment in accordance with paragraph (d) of Article 8.8 (Definitions), a juridical person owned or controlled by natural persons of the Member States of the Union or of Singapore respectively, or by Union juridical persons or Singapore juridical persons respectively;




should the juridical person have only its registered office or central administration in the territory of the Union or of Singapore, respectively, it shall not be considered as a Union or Singapore juridical person, respectively, unless it engages in substantive business operations (6) in the territory of the Union or of Singapore respectively;
a juridical person is:






(i)


‘owned’ by natural or juridical persons of the Union and/or any Member State of the Union, or of Singapore, if more than 50 per cent of the equity interest in it is beneficially owned by persons of the Union and/or any Member State of the Union, or of Singapore, respectively;










(ii)


‘controlled’ by natural or juridical persons of the Union and/or any Member State of the Union, or of Singapore, if such persons have the power to name a majority of its directors or otherwise to legally direct its actions;










(iii)


‘affiliated’ with another person when it controls, or is controlled by, that other person; or when it and the other person are both controlled by the same person;














(d)


notwithstanding subparagraph (c), shipping companies established outside the Union and controlled by nationals of a Member State of the Union shall also be covered by this Agreement if their vessels are registered in accordance with the respective legislation of a Member State of the Union and fly the flag of that Member State of the Union;










(e)


‘measure’ means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;










(f)


‘measures adopted or maintained by a Party’ means measures taken by:






(i)


central, regional or local governments and authorities; or










(ii)


non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;














(g)


‘measures adopted or maintained by a Party affecting trade in services’ include measures in respect of:






(i)


the purchase, payment or use of a service;










(ii)


the access to and use of, in connection with the supply of a service, services which are required by a Party to be offered to the public generally; and










(iii)


the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party;














(h)


‘Schedule of Specific Commitments’ refers to, in the case of the Union, Annex 8-A and the Appendices thereto, and, in the case of Singapore, Annex 8-B and the Appendices thereto;










(i)


‘service consumer’ means any person that receives or uses a service;










(j)


‘supply of a service’ includes the production, distribution, marketing, sale and delivery of a service;










(k)


‘service of the other Party’ means a service which is supplied:






(i)


from or in the territory of the other Party, or in the case of maritime transport, by a vessel registered under the laws of the other Party, or by a person of the other Party which supplies the service through the operation of a vessel and/or its use in whole or in part; or










(ii)


in the case of the supply of a service through commercial presence or through the presence of natural persons, by a service supplier of the other Party;














(l)


‘service supplier’ means any person that supplies or seeks to supply a service, including through establishment;










(m)


service supplied in the exercise of governmental authority means any service, except a service which is supplied on a commercial basis or in competition with one or more service suppliers; and










(n)


‘trade in services’ means the supply of a service:






(i)


from the territory of a Party into the territory of the other Party (cross-border);










(ii)


in the territory of a Party to a service consumer of the other Party (consumption abroad);










(iii)


by a service supplier of a Party, through commercial presence, in the territory of the other Party (commercial presence); or










(iv)


by a service supplier of a Party, through presence of natural persons of that Party, in the territory of the other Party (presence of natural persons).











SECTION B

CROSS-BORDER SUPPLY OF SERVICES


ARTICLE 8.3

Scope

This Section applies to measures of the Parties affecting the cross-border supply of all service sectors except:






(a)


audio-visual services;










(b)


national maritime cabotage (7); and










(c)


domestic and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:






(i)


aircraft repair and maintenance services during which an aircraft is withdrawn from service;










(ii)


the selling and marketing of air transport services; and










(iii)


computer reservation system services.










ARTICLE 8.4

Definitions

For the purposes of this Section, ‘cross-border supply of services’ means the supply of a service:






(a)


from the territory of a Party into the territory of the other Party; and










(b)


in the territory of a Party to a service consumer of the other Party.






ARTICLE 8.5

Market Access


1.   With respect to market access through the cross-border supply of services, each Party shall accord services and service suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule of Specific Commitments.


2.   In sectors where market access commitments are undertaken, the measures which each Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule of Specific Commitments, are defined as:






(a)


limitations on the number of service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test (8);










(b)


limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; and










(c)


limitations on 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 test (9).







ARTICLE 8.6

National Treatment


1.   In the sectors inscribed in its Schedule of Specific Commitments and subject to any conditions and qualifications set out therein, each Party shall accord to services and service suppliers of the other Party, in respect of all measures affecting the cross-border supply of services, treatment no less favourable than that it accords to its own like services and service 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 like services and service suppliers.


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 a Party compared to like services or service suppliers of the other Party.


4.   Specific commitments assumed under this Article shall not be construed as requiring a Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.



ARTICLE 8.7

Schedule of Specific Commitments


1.   The sectors liberalised by a Party pursuant to this Section and, by means of reservations, the market access and national treatment limitations applicable to services and service suppliers of the other Party in those sectors are set out in its Schedule of Specific Commitments.


2.   Neither Party may adopt new or more discriminatory measures with regard to services or service suppliers of the other Party in relation to the specific commitments undertaken in conformity with paragraph 1.




SECTION C

ESTABLISHMENT


ARTICLE 8.8

Definitions

For the purposes of this Section:






(a)


‘branch’ of a juridical person means a place of business or a juridical person not having distinct legal personality and is the extension of a parent body;










(b)


‘economic activity’ includes any activities of an economic nature, except activities carried out in the exercise of governmental authority, i.e., activities not carried out on a commercial basis or in competition with one or more economic operators;










(c)


‘entrepreneur’ means any person of a Party that seeks to perform or performs an economic activity through establishment (10);










(d)


‘establishment’ means:






(i)


the constitution, acquisition or maintenance of a juridical person; or










(ii)


the creation or maintenance of a branch or representative office,




with a view to establishing or maintaining lasting economic links within the territory of a Party for the purpose of performing an economic activity including, but not limited to, supplying a service; and










(e)


‘subsidiary’ of a juridical person of a Party means a juridical person which is controlled by another juridical person of that Party, in accordance with its domestic law (11).






ARTICLE 8.9

Scope

This Section applies to measures adopted or maintained by the Parties affecting establishment in all economic activities with the exception of:






(a)


mining, manufacturing and processing (12) of nuclear materials;










(b)


production of, or trade in, arms, munitions and war material;










(c)


audio-visual services;










(d)


national maritime cabotage (13); and










(e)


domestic and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:






(i)


aircraft repair and maintenance services during which an aircraft is withdrawn from service;










(ii)


the selling and marketing of air transport services; and










(iii)


computer reservation system services.










ARTICLE 8.10

Market Access


1.   With respect to market access through establishment, each Party shall accord establishments and entrepreneurs of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule of Specific Commitments.


2.   In sectors where market access commitments are undertaken, the measures which each Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule of Specific Commitments, are defined as:






(a)


limitations on the number of establishments whether in the form of numerical quotas, monopolies, exclusive rights or other establishment requirements such as an economic needs tests;










(b)


limitations on the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;










(c)


limitations on 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 (14);










(d)


limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment;










(e)


measures which restrict or require specific types of legal entity or joint venture through which an entrepreneur of the other Party may perform an economic activity; and










(f)


limitations on the total number of natural persons, other than key personnel and graduate trainees as defined in Article 8.13 (Scope and Definitions) (15), who may be employed in a particular sector or who an entrepreneur may employ and who are necessary for, and directly related to, the performance of the economic activity in the form of numerical quotas or the requirement of an economic needs test.







ARTICLE 8.11

National Treatment


1.   In the sectors inscribed in its Schedule of Specific Commitments and subject to any conditions and qualifications set out therein, with respect to all measures affecting establishment (16), each Party shall accord to establishments and entrepreneurs of the other Party treatment no less favourable than that it accords to its own like establishments and entrepreneurs.


2.   A Party may meet the requirement of paragraph 1 by according to establishments and entrepreneurs of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like establishments and entrepreneurs.


3.   Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of establishments and entrepreneurs of the Party compared to like establishments and entrepreneurs of the other Party.


4.   Specific commitments assumed under this Article shall not be construed to require a Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant establishments or entrepreneurs.



ARTICLE 8.12

Schedule of Specific Commitments


1.   The sectors liberalised by a Party pursuant to this Section and, by means of reservations, the market access and national treatment limitations applicable to establishments and entrepreneurs of the other Party in those sectors are set out in the former Party's Schedule of Specific Commitments.


2.   Neither Party may adopt new or more discriminatory measures with regard to establishments and entrepreneurs of the other Party in relation to the specific commitments undertaken in conformity with paragraph 1.




SECTION D

TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES


ARTICLE 8.13

Scope and Definitions


1.   This Section applies to measures of the Parties concerning the entry into, and temporary stay in, their respective territories of key personnel, graduate trainees and business service sellers in accordance with paragraph 4 of Article 8.1 (Objective and Scope).


2.   For the purposes of this Section:






(a)


‘key personnel’ means natural persons employed within a juridical person of one Party, other than a non-profit organisation, and who are responsible for the setting up or the proper control, administration and operation of an establishment;
key personnel comprises business visitors for establishment purposes responsible for setting up an establishment and intra-corporate transferees:






(i)


‘business visitors for establishment purposes’ means natural persons working in a senior position who are responsible for setting up an establishment and who do not engage in direct transactions with the general public and do not receive remuneration from a source located within the host Party; and










(ii)


‘intra-corporate transferees’ means natural persons who have been employed by a juridical person of one Party or, in the case of professionals providing business services, have been partners in it for at least one year and who are temporarily transferred to an establishment (that may be a subsidiary, branch or head company of the enterprise) in the territory of the other Party and who must belong to one of the following categories:






(1)


‘executives’, meaning natural persons within a juridical person who direct the management of the establishment, exercise wide latitude in decision-making, and receive general supervision or direction from the board of directors, or stockholders of the business or their equivalent, and who do not directly perform tasks related to the actual provision of the service or services of the juridical person;










(2)


‘managers’, meaning natural persons working in a senior position within a juridical person, who primarily direct the management of the establishment, receiving general supervision or direction from high-level executives, the board of directors or stockholders of the business or their equivalent, including:






(aa)


directing the establishment or a department or sub-division thereof;










(bb)


supervising and controlling the work of other supervisory, professional or managerial employees; and










(cc)


having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions; or














(3)


‘specialists’, meaning natural persons working within a juridical person, who possess uncommon knowledge or expertise essential to the establishment's production, research equipment, techniques or management; in assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also, where relevant, of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession;


















(b)


‘graduate trainees’ means natural persons who have been employed by a juridical person of a Party for at least one year, who possess a university degree and who are temporarily transferred to an establishment in the territory of the other Party for career development purposes or to obtain training in business techniques or methods (17); and










(c)


‘business services sellers’ means natural persons who are representatives of a service supplier of a Party seeking temporary entry into the territory of the other Party for the purpose of negotiating the sale of services or entering into agreements to sell services for that service supplier and who do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host Party.







ARTICLE 8.14

Key Personnel and Graduate Trainees


1.   For every sector liberalised in accordance with Section C (Establishment) and subject to any reservations listed in its Schedule of Specific Commitments, each Party shall allow entrepreneurs of the other Party to temporarily employ in their establishment natural persons of that other Party, provided that such employees are key personnel or graduate trainees as defined in Article 8.13 (Scope and Definitions). Their temporary entry and stay shall be permitted for a period of up to three years for intra-corporate transferees, 90 days in any twelve-month period for business visitors for establishment purposes, and one year for graduate trainees. For intra-corporate transferees, this period may be extended for up to two additional years, subject to domestic law (18).


2.   For every sector liberalised in accordance with Section C (Establishment), the measures which a Party shall not maintain or adopt, unless otherwise specified in its Schedule of Specific Commitments, are defined as limitations on the total number of natural persons that an entrepreneur may transfer as key personnel or graduate trainees in a specific sector in the form of numerical quotas or a requirement of an economic needs test and as discriminatory limitations.



ARTICLE 8.15

Business Services Sellers

For every sector liberalised in accordance with Section B (Cross-border Supply of Services) or Section C (Establishment) and subject to any reservations listed in its Schedule of Specific Commitments, each Party shall allow the temporary entry and stay of business service sellers for a period of up to 90 days in any twelve-month period (19).



SECTION E

REGULATORY FRAMEWORK


SUB-SECTION 1

PROVISIONS OF GENERAL APPLICATION


ARTICLE 8.16

Mutual Recognition of Professional Qualifications


1.   Nothing in this Article shall prevent a Party from requiring that natural persons possess the necessary qualifications and/or professional experience specified in the territory where the service is supplied, for the sector of activity concerned.


2.   The Parties shall encourage the relevant professional bodies in their respective territories to develop and provide a joint recommendation on mutual recognition to the Committee on Trade in Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees). Such a recommendation shall be supported by evidence on:






(a)


the economic value of an envisaged an agreement on mutual recognition of professional qualifications (hereinafter referred to as ‘Mutual Recognition Agreement’); and










(b)


the compatibility of the respective regimes, i.e., the extent to which the criteria applied by each Party for the authorisation, licensing, operation and certification of entrepreneurs and service suppliers are compatible.






3.   On receipt of a joint recommendation, the Committee on Trade in Services, Investment and Government Procurement shall, within a reasonable time, review the joint recommendation with a view to determining whether it is consistent with this Agreement.


4.   Where, on the basis of the information provided for in paragraph 2, the recommendation has been found to be consistent with this Agreement, the Parties shall take necessary steps to negotiate a Mutual Recognition Agreement through their competent authorities or authorised designees.



ARTICLE 8.17

Transparency

Each Party shall respond promptly to all requests by the other Party for specific information on any of its measures of general application or international agreements which pertain to or affect this Chapter. Each Party shall also establish one or more enquiry points pursuant to Article 13.4 (Enquiries and Contact Points) to provide specific information on all such matters upon request to entrepreneurs and service suppliers of the other Party.



SUB-SECTION 2

DOMESTIC REGULATION


ARTICLE 8.18

Scope and Definitions


1.   This Sub-Section applies to measures of the Parties relating to licensing requirements and procedures or qualification requirements and procedures that affect:






(a)


cross-border supply of services as defined in Article 8.4 (Definitions);










(b)


establishment in their territory of juridical and natural persons as defined in Article 8.8 (Definitions); or










(c)


temporary stay of natural persons in their territory as referred to in Article 8.13 (Scope and Definitions).






2.   This Sub-Section shall only apply to sectors for which a Party has undertaken specific commitments and to the extent that these specific commitments apply.


3.   This Sub-Section does not apply to measures to the extent that the measures constitute limitations as scheduled in Articles 8.5 (Market Access) and 8.10 (Market Access) or Articles 8.6 (National Treatment) and 8.11 (National Treatment).


4.   For the purposes of this Sub-Section:






(a)


‘competent authorities’ means any central, regional or local government or authority, or any non-governmental body exercising powers delegated by central or regional or local governments or authorities, which takes a decision concerning the authorisation to supply a service, including through establishment, or concerning the authorisation to establish an economic activity other than services;










(b)


‘licensing procedures’ means administrative or procedural rules to which a natural or a juridical person must adhere, in order to demonstrate compliance with licensing requirements when seeking authorisation to supply a service or establish an economic activity other than services, including the amendment or renewal of a license;










(c)


‘licensing requirements’ means substantive requirements, other than qualification requirements, with which a natural or a juridical person is required to comply in order to obtain, amend or renew authorisation to supply a service or establish in an economic activity other than services;










(d)


‘qualification procedures’ means administrative or procedural rules to which a natural person must adhere in order to demonstrate compliance with qualification requirements for the purpose of obtaining authorisation to supply a service; and










(e)


‘qualification requirements’ means substantive requirements relating to the competence of a natural person to supply a service, compliance with which is required to be demonstrated for the purpose of obtaining authorisation to supply a service.







ARTICLE 8.19

Conditions for Licensing and Qualification


1.   Each Party shall ensure that measures relating to licensing requirements and procedures as well as qualification requirements and procedures are based on criteria which are:






(a)


clear;










(b)


objective and transparent; and










(c)


pre-established and accessible to the public and interested persons.






2.   An authorisation or a licence shall, subject to availability, be granted as soon as it has been established, on the basis of an appropriate examination, that the conditions have been met.


3.   Each Party shall maintain or institute judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected entrepreneur or service supplier, for a prompt review, of and where justified, appropriate remedies for administrative decisions affecting establishment, cross-border supply of services or temporary stay of natural persons for business purposes. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, each Party shall ensure that the procedures in fact provide for an objective and impartial review.
This paragraph shall not be construed as requiring a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system.



ARTICLE 8.20

Licensing and Qualification Procedures


1.   Each Party shall ensure that licensing and qualification procedures and formalities are as simple as possible and do not unduly complicate or delay the supply of the service. Any licensing or authorisation fees (20) which the applicants may incur from their application should be reasonable and should not in themselves restrict the supply of the service.


2.   Each Party shall ensure that the competent authority uses procedures and takes decisions in the licensing or authorisation process that are impartial with respect to all applicants. The competent authority should reach its decisions in an independent manner and should not be accountable to any supplier of the services for which the licence or authorisation is required.


3.   Where specific time periods for applications exist, an applicant shall be allowed a reasonable period of time for the submission of an application. The competent authority shall initiate the processing of such applications without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as for paper submissions.


4.   Each Party shall ensure that the processing of an application, including the reaching of a final decision, is completed within a reasonable timeframe from the submission of a complete application. Each Party shall endeavour to establish a normal timeframe for the processing of an application.


5.   Where the competent authority considers that an application is incomplete, it shall, within a reasonable period of time after the receipt of that application inform the applicant that the application is incomplete and, to the extent feasible, specify the additional information required to complete the application, and shall provide the applicant with the opportunity to correct deficiencies.


6.   Where possible, authenticated copies should be accepted in place of original documents.


7.   Where the competent authority rejects an application, it shall inform the applicant in writing without undue delay. In principle, the applicant should, where it so requests, also be informed of the reasons for rejection of the application and of the timeframe for an appeal against the decision. Where applicable, an applicant should be permitted, within reasonable time limits, to resubmit an application.


8.   Each Party shall ensure that a licence or an authorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein.




SUB-SECTION 3

COMPUTER SERVICES


ARTICLE 8.21

Computer Services


1.   The Parties subscribe to the understanding set out in the following paragraphs in respect of computer services liberalised in accordance with Section B (Cross-border Supply of Services), Section C (Establishment) and Section D (Temporary Presence of Natural Persons for Business Purposes).


2.   The Parties understand that CPC (21) 84, the United Nations code used for describing computer and related services, covers all computer and related services. Technological developments have led to the increased offering of these services as a bundle or package of related services that can include some or all of the basic functions listed in paragraph 3. For example, services such as web or domain hosting, data mining services and grid computing each consist of a combination of basic computer services functions.


3.   Computer and related services, regardless of whether they are delivered via a network, including the Internet, include all services that provide any of the following or any combination thereof:






(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)


consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management or use of or for software (22);










(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 software, computers or computer systems, and not elsewhere classified.






4.   The Parties understand that, in many cases, computer and related services enable the provision of other services (23) by both electronic and other means. However, in such cases, there is an important distinction between the computer and related service (e.g., web-hosting or application hosting) and the other service (24) enabled by the computer and related service. The other service, regardless of whether it is enabled by a computer and related service, is not covered by CPC 84.




SUB-SECTION 4

POSTAL SERVICES


ARTICLE 8.22

Prevention of Anti-Competitive Practices in the Postal Sector (25)


Each Party shall introduce or maintain appropriate measures (26) for the purpose of preventing suppliers of postal services who, alone or together, are a major supplier in the relevant market for postal services, from engaging in or continuing anti-competitive practices.


ARTICLE 8.23

Independence of Regulatory Bodies

Regulatory bodies shall be separate from, and shall not be accountable to, any supplier of postal services. The decisions of and the procedures used by regulatory bodies shall be impartial with respect to all market participants.



SUB-SECTION 5

TELECOMMUNICATIONS SERVICES


ARTICLE 8.24

Scope


1.   This Sub-Section applies to measures that affect trade in telecommunications services and sets out the principles of the regulatory framework for telecommunications services, liberalised pursuant to Section B to Section D.


2.   This Sub-Section does not apply to any measure adopted or maintained by a Party relating to cable or broadcast distribution of radio or television programming.


3.   Nothing in this Sub-Section shall be construed as requiring a Party:






(a)


to authorise a service supplier of the other Party to establish, construct, acquire, lease, operate, or provide telecommunications transport networks or services, other than as provided for in its Schedule of Specific Commitments; or










(b)


to establish, construct, acquire, lease, operate, or provide telecommunications transport networks or services where such networks or services are not offered to the public generally, or to compel any service supplier to do so.






4.   Each Party shall impose, maintain, amend or withdraw the rights and obligations of service suppliers provided for in the Article 8.26 (Access to and Use of Public Telecommunications Networks and Services), Article 8.28 (Interconnection), Article 8.29 (Interconnection with Major Suppliers), Article 8.30 (Conduct of Major Suppliers), Article 8.32 (Unbundled Network Elements), Article 8.33 (Co-location), Article 8.34 (Resale), Article 8.35 (Facility Sharing), Article 8.36 (Provisioning of Leased Circuits Services) and Article 8.38 (Submarine Cable Landing Stations) in a manner consistent with its domestic law and internal procedures for the regulation of its telecommunications markets. For the Union, such procedures entail the analysis by the Union regulators of the relevant product and service markets provided for in the relevant Union legislation, of the designation of a service supplier as having significant market power and the decision of regulators, based upon such analysis, to impose, maintain, amend or withdraw such rights and obligations.



ARTICLE 8.25

Definitions

For the purposes of this Sub-Section:






(a)


‘broadcasting service’ refers to the uninterrupted chain of transmission via wired or wireless means, regardless of the location of the originating transmission, required for the reception or display of aural or visual programme signals by all or any part of the public, but does not cover contribution links between operators;










(b)


‘end-user’ means a service consumer or a service supplier to whom a public telecommunications network or service is supplied other than for use in the further supply of a public telecommunications network or service;










(c)


‘essential facilities’ mean facilities of a public telecommunications transport network or 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 linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;










(e)


‘major supplier’ means a supplier of public telecommunications networks or services that has the ability to materially affect the terms of participation in the relevant market for public telecommunications networks or services, having regard to price and supply, as a result of:






(i)


control over essential facilities; or










(ii)


use of its position in the market;














(f)


‘non-discriminatory’ means treatment that is no less favourable than that accorded to any other user of like public telecommunications transport networks or services in like circumstances;










(g)


‘number portability’ means the ability of end-users of public telecommunications networks or services to retain existing telephone numbers at the same location, without impairment of quality, reliability or convenience when switching between like suppliers of public telecommunications networks or services;










(h)


‘public telecommunications network’ means a telecommunications network which a Party requires to provide telecommunications services between defined network termination points;










(i)


‘public telecommunications service’ means any telecommunications service that a Party requires, explicitly or in effect, to be offered to the public generally;










(j)


‘submarine cable landing station’ means the premises and buildings where international submarine cables arrive and terminate and are connected to backhaul links;










(k)


‘telecommunications’ means the transmission and reception of signals by any electromagnetic means;










(l)


‘telecommunications services’ means all services consisting of the transmission and reception of electro-magnetic signals, but excludes broadcasting services and economic activities consisting of the provision of content which requires telecommunications for its transport; and










(m)


‘telecommunications regulatory body’ means the national body or bodies charged with the regulation of telecommunications.






ARTICLE 8.26

Access to and Use of Public Telecommunications Networks and Services


1.   Each Party shall ensure that all service suppliers of the other Party have access to and use of any public telecommunications network and service offered in its territory or across its borders, including private leased circuits, on reasonable, non-discriminatory and transparent terms and conditions, including as set out in paragraphs 2 and 3.


2.   Each Party shall ensure that such service suppliers are permitted to:






(a)


purchase or lease, and attach terminal or other equipment which interfaces with the public telecommunications network;










(b)


interconnect private leased or owned circuits with public telecommunications networks and services in its territory, or across its borders, or with circuits leased or owned by other service suppliers; and










(c)


use operating protocols of their choice, other than as necessary to ensure the availability of telecommunications networks and services to the public generally.






3.   Each Party shall ensure that all service suppliers of the other Party may use public telecommunications networks and services for the movement of information in its territory or across its borders, including for intra-corporate communications of such service suppliers and for access to information contained in databases or otherwise stored in machine-readable form in the territory of either Party. Any new or amended measures of a Party significantly affecting such use shall be notified to the other Party and shall be subject to consultations.



ARTICLE 8.27

Confidentiality of Information

Each Party shall ensure the confidentiality of telecommunications and related traffic data by means of any public telecommunications network or service, without restricting trade in services.


ARTICLE 8.28

Interconnection (27)



1.   Each Party shall ensure that any service supplier authorised to provide public telecommunications networks or services has the right and obligation to negotiate interconnection with other suppliers of public telecommunications networks or services. Interconnection should be agreed on the basis of commercial negotiations between the parties concerned.


2.   Regulatory authorities shall ensure that suppliers that acquire information from another undertaking during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied, and at all times respect the confidentiality of information transmitted or stored.



ARTICLE 8.29

Interconnection with Major Suppliers


1.   Each Party shall ensure that any major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications networks or services of the other Party at any technically feasible point in the major supplier's network. Such interconnection shall be provided:






(a)


under non-discriminatory terms, conditions (including technical standards and specifications) and rates, and of a quality no less favourable than that provided for the own like services of such major supplier, or for like services of non-affiliated suppliers of public telecommunications networks or services, or for its subsidiaries or other affiliates;










(b)


in a timely fashion, on terms, conditions (including technical standards and specifications), and cost-oriented rates that are transparent, are reasonable, having regard to economic feasibility, and are sufficiently unbundled so that the supplier need not pay for network components 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 suppliers of public telecommunications networks or services, subject to charges that reflect the cost of construction of necessary additional facilities.






2.   Each Party shall ensure that major suppliers in its territory make publicly available their interconnection agreements or a reference interconnection offer.


3.   The procedures applicable for interconnection to a major supplier shall be made publicly available.


4.   When suppliers of public telecommunications networks or services are unable to resolve disputes regarding the terms, conditions and rates on which interconnection is to be provided by a major supplier, they shall have recourse to the regulatory authority, which shall aim to resolve the disputes in the shortest possible timeframe and in any case within 180 days of the referral to it, provided that the resolution of complex disputes may take longer than 180 days.



ARTICLE 8.30

Conduct of Major Suppliers


1.   Each Party may impose obligations of non-discrimination on major suppliers in relation to interconnection or access.


2.   Obligations of non-discrimination shall ensure, in particular, that the major supplier applies equivalent conditions in equivalent circumstances to other suppliers providing equivalent services and provides services and information to others under equivalent conditions and of the same quality as it provides for its own services or for the services of its subsidiaries or partners.



ARTICLE 8.31

Competitive Safeguards on Major Suppliers

Each Party shall introduce or maintain appropriate measures (28) for the purpose of preventing suppliers of public telecommunications networks or services who, alone or together, are a major supplier in its territory from engaging in or continuing anti-competitive practices. These anti-competitive practices shall include in particular:






(a)


engaging in anti-competitive cross-subsidisation or margin squeeze;










(b)


using information obtained from competitors with anti-competitive results;










(c)


not making available to suppliers of public telecommunications networks or services, on a timely basis, technical information about essential facilities and commercially relevant information which are necessary for them to provide public telecommunications services;










(d)


pricing services in a manner that is likely to unreasonably restrict competition, such as predatory pricing.






ARTICLE 8.32

Unbundled Network Elements


1.   Each Party shall impose obligations on major suppliers to meet reasonable requests for access to, and use of, specific network elements and associated facilities at any technically feasible point, on an unbundled basis, in a timely fashion and on terms and conditions that are reasonable, transparent, and non-discriminatory, and in particular:






(a)


to give access to specified network elements and/or facilities, including access to network elements which are not active, and/or unbundled access to the local loop to, inter alia, allow subscriber line resale offers;










(b)


to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;










(c)


to provide co-location; and










(d)


to provide services required to ensure interoperability of end-to-end services to users.






2.   When a Party is considering the obligations referred in paragraph 1, it may take account of, inter alia, the following factors:






(a)


the technical and economic viability of using or installing competing facilities, taking into account the nature and type of interconnection and access involved, including the viability of other upstream access products such as access to ducts;










(b)


the feasibility of providing the access proposed, in relation to the capacity available;










(c)


the initial investment by the facility owner, taking into account the risks involved in making the investment; and










(d)


the need to safeguard effective and sustainable competition.







ARTICLE 8.33

Co-location


1.   Each Party shall ensure that major suppliers in its territory provide to suppliers of public telecommunications networks or services of the other Party physical co-location of equipment necessary for interconnection or access to unbundled network elements in a timely fashion and on terms and conditions that are reasonable and non-discriminatory.


2.   Each Party may determine in accordance with its domestic law the locations at which it requires major suppliers in its territory to provide co-location under paragraph 1.



ARTICLE 8.34

Resale

Each Party shall ensure that major suppliers in its territory offer for resale to suppliers of public telecommunications networks or services of the other Party, public telecommunications services that such major suppliers provide at retail to end-users in accordance with the provisions of this Sub-Section and, in particular, with Article 8.32 (Unbundled Network Elements).


ARTICLE 8.35

Facility Sharing


1.   Each Party shall be able, taking into account the principle of proportionality, to impose on any major supplier having the right to install facilities on, over or under public or private property, the sharing of such facilities or property, including buildings, entries to buildings, building wiring, masts, antennae, towers and other supporting constructions, poles, ducts, conduits, manholes and cabinets.


2.   Each Party may determine in accordance with its domestic law the facilities to which it requires major suppliers in its territory to provide access under paragraph 1, on the basis that such facilities cannot feasibly be economically or technically substituted in order to provide a competing service.



ARTICLE 8.36

Provisioning of Leased Circuits Services

Each Party shall ensure that major suppliers of leased circuits services in its territory provide juridical persons of the other Party leased circuits services that are public telecommunications services in a timely fashion on terms and conditions that are reasonable, non-discriminatory and transparent.


ARTICLE 8.37

Number Portability

Each Party shall ensure that suppliers of public telecommunications services in its territory provide number portability for those services designated by that Party, to the extent technically feasible, on a timely basis and on reasonable terms and conditions.


ARTICLE 8.38

Submarine Cable Landing Stations

Each Party shall ensure access to submarine cable systems, including landing facilities, in its territory, where a supplier is authorised to operate a submarine cable system as a public telecommunications service, on reasonable, non-discriminatory and transparent terms and conditions.


ARTICLE 8.39

Independent Regulatory Authority


1.   Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications networks or services or telecommunications equipment. To this end, each Party shall ensure that its telecommunications regulatory body does not hold any financial interest or control in such a supplier.


2.   Each Party shall ensure that the decisions of, and procedures followed by, its telecommunications regulatory bodies are fair and impartial with respect to all market participants and that they are made and implemented without undue delay. To this end, each Party shall ensure that any financial interest that it holds in a supplier of public telecommunications networks or services does not influence the decisions of, and procedures followed by, its telecommunications regulatory body.


3.   The powers of the regulatory authorities shall be exercised transparently in accordance with the applicable domestic law.


4.   Regulatory authorities shall have the power to ensure that suppliers of telecommunications transport networks and services within their respective territories provide them, promptly upon request, with all the information, including financial information, which is necessary to enable the regulatory authorities to carry out their tasks in accordance with this Sub-Section. Information requested shall be reasonably proportionate to the performance of the regulatory authorities' tasks and treated in accordance with the requirements of confidentiality.


5.   The regulatory authority shall be sufficiently empowered to regulate the sector. The tasks to be undertaken by a regulatory authority shall be made public in an easily accessible and clear form, in particular where those tasks are assigned to more than one body.



ARTICLE 8.40

Universal Services


1.   Each Party has the right to define the kind of universal service obligations that it wishes to maintain.


2.   Such obligations will not be regarded as anti-competitive per se, provided that they are administered in a transparent, objective, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Party.


3.   Where a Party requires a supplier of telecommunications services to provide directories of subscribers, that Party shall ensure that the supplier applies the principle of non-discrimination to the treatment of information that has been provided to them by other suppliers of such telecommunications services.



ARTICLE 8.41

Authorisation to Provide Telecommunications Services


1.   Each Party shall ensure that licensing procedures are as simple as possible and do not unduly complicate or delay the provisions of the service.


2.   Where a Party requires a supplier of public telecommunications networks or services to have a licence, that Party shall make publicly available:






(a)


all the licensing criteria, terms, conditions and procedures it applies; and










(b)


a reasonable period of time that would normally be required to reach a decision concerning an application for a licence.






3.   Each Party shall ensure that, if it so requests, the applicant receives in writing the reasons for the denial of a licence.


4.   Where a licence has been unduly denied, the applicant for a licence shall be able to seek recourse before an appeal body.


5.   Any licensing or authorisation fees (29) which the applicants may incur from their application should be reasonable and should not in themselves restrict the supply of the service.



ARTICLE 8.42

Allocation and Use of Scarce Resources


1.   Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, shall be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands shall be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.


2.   The Parties understand that decisions on allocating and assigning spectrum and frequency management are not measures that are per se inconsistent with Articles 8.5 (Market Access) and 8.10 (Market Access). Accordingly, each Party retains the right to exercise its spectrum and frequency management policies, which may affect the number of suppliers of public telecommunications services, provided that this is done in a manner that is consistent with this Chapter. The Parties also retain the right to allocate frequency bands in a manner that takes existing and future needs into account.



ARTICLE 8.43

Enforcement


1.   Each Party shall ensure that its telecommunications regulatory body maintains appropriate procedures and has the authority to enforce domestic measures relating to the obligations under this Sub-Section. Such procedures and authority shall include the ability to impose timely, proportionate and effective sanctions, and the ability to modify, suspend, and revoke licences.


2.   Where a major supplier refuses the application of the rights and obligations provided for in Article 8.29 (Interconnection with Major Suppliers), Article 8.30 (Conduct of Major Suppliers), Article 8.31 (Competitive Safeguards on Major Suppliers), Article 8.32 (Unbundled Network Elements), Article 8.33 (Co-location), Article 8.34 (Resale), Article 8.35 (Facility Sharing) or Article 8.36 (Provisioning of Leased Circuit Services), the requesting service supplier may seek the intervention of the regulatory body, which shall issue, in accordance with its domestic law, a binding decision, in the shortest possible period of time, and in any case within a reasonable period of time.



ARTICLE 8.44

Resolution of Telecommunications Disputes


1.   Each Party shall ensure that suppliers of public telecommunications networks or services of the other Party have timely recourse to a telecommunications regulatory body or other relevant body to resolve disputes arising under domestic measures that address a matter set out in this Sub-Section.


2.   Each Party shall ensure that any supplier of public telecommunications networks or services of the other Party that is affected by a decision of its telecommunications regulatory body may appeal against that decision to a judicial or administrative authority independent of the parties involved.


3.   Where the appeal body is not judicial in character, written reasons for its decision shall be given and its decision shall be subject to review by an impartial and independent judicial authority.


4.   Decisions taken by appeal bodies shall be effectively implemented by the parties concerned in accordance with the applicable domestic law and internal procedures. An appeal shall not relieve a party concerned of its obligation to comply with the underlying regulatory decision unless an appropriate authority has stayed that regulatory decision.



ARTICLE 8.45

Transparency

When regulatory bodies intend to take measures related to the provisions of this Sub-Section, they shall give interested parties the opportunity to comment on the draft measure within a reasonable period of time, in accordance with their domestic law. Regulatory bodies shall make their consultation procedures for such draft measures publicly available. The results of the consultation procedure should be made publicly available by the regulatory body except in the case of confidential information in accordance with the domestic law on business confidentiality.


ARTICLE 8.46

Flexibility in the Choice of Technologies

Neither Party shall prevent suppliers of public telecommunications services from having the flexibility to choose the technologies that they use to supply their services, subject to the ability of each Party to take measures to ensure that end-users of different networks are able to communicate with each other.


ARTICLE 8.47

Relationship to other Sub-Sections, Sections and Chapters

In the event of any inconsistency between this Sub-Section and another Sub-Section or Section in this Chapter or another Chapter, this Sub-Section shall prevail to the extent of such inconsistency.


ARTICLE 8.48

Cooperation


1.   The Parties, recognising the rapid development of the telecommunications and information technology industry, both in the domestic and international contexts, shall cooperate to promote the development of such services with a view to obtaining the maximum benefit for the Parties from the use of telecommunications and information technology.


2.   The areas of cooperation may include the following:






(a)


exchanging views on policy issues such as the regulatory framework for high speed broadband networks and the reduction of international mobile roaming charges; and










(b)


promoting the use by consumers, the public sector and the private sector of telecommunications and information technology services, including newly emerging services.






3.   The forms of cooperation may include the following:






(a)


promoting dialogue on policy issues;










(b)


enhancing cooperation in international fora relating to telecommunications and information technology; and










(c)


other forms of cooperation activities.








SUB-SECTION 6

FINANCIAL SERVICES


ARTICLE 8.49

Scope and Definitions


1.   This Sub-Section sets out the principles of the regulatory framework for all financial services liberalised pursuant to Sections B (Cross-border Supply of Services), C (Establishment) and D (Temporary Presence of Natural Persons for Business Purposes).


2.   For the purposes of this Sub-Section:






(a)


‘financial service’ means any service of a financial nature, including a service incidental or auxiliary to a service of a financial nature, offered by a financial service supplier of a Party; financial services include the following activities:






(i)


insurance and insurance-related services:






(1)


direct insurance (including co-insurance):






(aa)


life insurance;










(bb)


non-life insurance;














(2)


reinsurance and retrocession;










(3)


insurance inter-mediation, such as brokerage and agency; and










(4)


services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services;




and










(ii)


banking and other financial services (excluding insurance):






(1)


the acceptance of deposits and other repayable funds from the public;










(2)


lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;










(3)


financial leasing;










(4)


all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;










(5)


guarantees and commitments;










(6)


the trading on own account or for the account of customers, whether on an exchange, in an over-the-counter market or otherwise, of the following:






(aa)


money market instruments (including cheques, bills, certificates of deposits);










(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;










(ff)


other negotiable instruments and financial assets, including bullion;














(7)


the participation in issues of securities of all kinds, including underwriting and placement as agent, whether publicly or privately, and provision of services related to such issues;










(8)


money broking;










(9)


asset management, such as cash or portfolio management, any form of collective investment management, pension fund management, custodial, depository and trust services;










(10)


settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;










(11)


the provision and transfer of financial information, and the provision of financial data processing and related software by suppliers of other financial services; and










(12)


advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (1) to (11), 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 juridical person of a Party that is engaged or is seeking to engage in the business of supplying financial services within the territory of that Party but 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, central bank or 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, other than 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; and














(e)


‘self-regulatory organisation’ means any non-governmental body, including any securities or futures exchange or market, clearing agency, or 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.







ARTICLE 8.50

Prudential Carve-out


1.   Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining reasonable measures for prudential reasons, such as:






(a)


the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier;










(b)


the maintenance of the safety, soundness, integrity or financial responsibility of financial service suppliers; or










(c)


ensuring the integrity and stability of the Party's financial system.






2.   These measures shall not be more burdensome than necessary to achieve their aim, and shall not constitute a means of arbitrary or unjustifiable discrimination against financial service suppliers of the other Party in comparison to its own like financial service suppliers, or a disguised restriction on trade in services.


3.   Nothing in this Agreement shall be construed as requiring a Party to disclose information relating to the affairs and accounts of individual consumers or to disclose any confidential or proprietary information in the possession of public entities.


4.   Each Party shall use its best endeavours to ensure that the Basel Committee's ‘Core Principles for Effective Banking Supervision’, the standards and principles of the International Association of Insurance Supervisors and the International Organisation of Securities Commissions' ‘Objectives and Principles of Securities Regulation’, and the internationally agreed Standard for transparency and exchange of information for tax purposes, as spelled out in the 2017 OECD Model Tax Convention on Income and on Capital, are implemented and applied in its territory.


5.   Subject to Article 8.6 (National Treatment) and without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration or authorisation of cross-border financial service suppliers of the other Party and of financial instruments.



ARTICLE 8.51

Self-regulatory Organisations

When membership or participation in, or access to, any self-regulatory organisation is required by a Party in order for financial service suppliers of the other Party to supply financial services in or into the territory of the first Party, the Party shall ensure observance of the obligations under Article 8.6 (National Treatment) and Article 8.11 (National Treatment) by such self-regulatory organisation.


ARTICLE 8.52

Payment and Clearing Systems

Under terms and conditions that accord national treatment, each Party shall, as permitted by its access criteria, grant to financial service suppliers of the other Party that are established in its territory and regulated or supervised as financial service suppliers under its domestic law, 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 is not intended to confer access to a Party's lender-of-last-resort facilities.


ARTICLE 8.53

New Financial Services

Each Party shall permit a financial service supplier of the other Party to supply any new financial service that the first Party would permit its own like financial service suppliers to supply without additional legislative action required by the first Party. Each Party may determine the institutional and juridical form through which the new financial service may be supplied and may require authorisation for the supply of the service. Where a Party requires such authorisation, a decision shall be made within a reasonable time and the authorisation may only be refused for prudential reasons under Article 8.50 (Prudential Carve-out).


ARTICLE 8.54

Data Processing


1.   Each Party shall, subject to appropriate safeguards on privacy and confidentiality, permit a financial service supplier of the other Party to transfer information in electronic or other form, into and out of its territory, for data processing, where such processing is required in the ordinary course of business of such financial service supplier.


2.   Each Party shall adopt or maintain appropriate safeguards to protect privacy and personal data, including individual records and accounts, as long as these safeguards are not used to circumvent the provisions of this Agreement.



ARTICLE 8.55

Specific Exceptions


1.   Nothing in this Chapter shall be construed as preventing a Party, including its public entities, from exclusively conducting or providing activities or services in its territory that form part of a public retirement plan or statutory system of social security, except where those activities may be carried out, by financial service suppliers in competition with public entities or private institutions, as provided by the Party's domestic regulation.


2.   Nothing in this Agreement applies to activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies.


3.   Nothing in this Chapter shall be construed as preventing a Party, including its public entities, from exclusively conducting or providing activities or services in its territory for the account or with the guarantee or using the financial resources of the Party, or its public entities, except where that Party's domestic regulation provides that those activities may be carried out by financial service suppliers in competition with public entities or private institutions.




SUB-SECTION 7

INTERNATIONAL MARITIME TRANSPORT SERVICES


ARTICLE 8.56

Scope, Definitions and Principles


1.   This Sub-Section sets out the principles regarding the liberalisation of international maritime transport services pursuant to Sections B (Cross-border Supply of Services), C (Establishment) and D (Temporary Presence of Natural Persons for Business Purposes).


2.   For the purposes of this Sub-Section, ‘international maritime transport’ includes door-to-door and multi-modal transport operations, which means the carriage of goods using more than one mode of transport, and which involves a sea-leg, where such carriage takes place under a single transport document, and to this effect involves the right to contract directly with providers of other modes of transport.


3.   As regards international maritime transport, the Parties agree to ensure the effective application of the principles of unrestricted access to cargoes on a commercial basis, the freedom to supply international maritime transport services, as well as national treatment in the framework of the supply of such services.
In view of the existing levels of liberalisation between the Parties in international maritime transport:






(a)


the Parties shall effectively apply the principle of unrestricted access to the international maritime transport markets and trades on a commercial and non-discriminatory basis; and










(b)


each Party shall grant to ships flying the flag of the other Party or operated by service suppliers of the other Party treatment no less favourable than the treatment that the granting Party accords to its own ships or those of any third country, whichever is better, with regard to, inter alia, access to ports, the use of infrastructure and auxiliary maritime services of the ports, as well as with regard to related fees and charges, customs facilities and access to berths and facilities for loading and unloading.






4.   In applying these principles, the Parties shall:






(a)


not introduce cargo-sharing arrangements in future agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and shall terminate, within a reasonable period of time, any such cargo-sharing arrangements that exist in previous agreements; and










(b)


upon the entry into force of this Agreement, abolish and abstain from introducing any unilateral measures (30) or administrative, technical and other obstacles which could constitute a disguised restriction or could have discriminatory effects on the free supply of services in international maritime transport.






5.   Each Party shall permit international maritime transport service suppliers of the other Party to have an establishment in its territory under conditions of establishment and operation in accordance with the conditions inscribed in its Schedule of Specific Commitments.


6.   The Parties shall make the use of the following services at the port available to international maritime transport suppliers of the other Party on reasonable and non-discriminatory terms and conditions:






(a)


pilotage;










(b)


towing and tug assistance;










(c)


provisioning;










(d)


fuelling and watering;










(e)


garbage collecting and ballast waste disposal;










(f)


port captain's services;










(g)


navigation aids;










(h)


shore-based operational services that are essential to ship operations, including communications, water and electrical supplies; and










(i)


emergency repair facilities, anchorage, berth and berthing services.









SECTION F

ELECTRONIC COMMERCE


ARTICLE 8.57

Objectives


1.   The Parties, recognising that electronic commerce increases trade opportunities in many sectors, agree on the importance of facilitating its use and development and the applicability of WTO rules to electronic commerce.


2.   The Parties agree to promote the development of electronic commerce between them, in particular by cooperating on the issues raised by electronic commerce under the provisions of this Chapter. Within this context both Parties should avoid imposing unnecessary regulations or restrictions on electronic commerce.


3.   The Parties recognise the importance of the free flow of information on the internet, while agreeing that this should not impair the rights of intellectual property owners, given the importance of protecting intellectual property rights on the internet.


4.   The Parties agree that the development of electronic commerce must be fully compatible with international standards of data protection, in order to ensure the confidence of users of electronic commerce.



ARTICLE 8.58

Customs Duties

The Parties shall not impose customs duties on electronic transmissions.


ARTICLE 8.59

Electronic Supply of Services

For greater certainty, the Parties affirm that measures related to the supply of a service using electronic means falls within the scope of the obligations contained in the relevant provisions of this Chapter, subject to any exceptions applicable to such obligations.


ARTICLE 8.60

Electronic Signatures


1.   The Parties shall take steps to facilitate the better understanding of each other's electronic signatures framework and, subject to relevant domestic conditions and legislation, to examine the feasibility of having a mutual recognition agreement on electronic signatures in the future.


2.   In achieving the objectives of paragraph 1, each Party shall:






(a)


facilitate, as much as possible, the representation of the other Party in available fora on electronic signatures organised formally or informally by its own competent authorities, by allowing the other Party to present its electronic signatures framework;










(b)


encourage, as much as possible, the exchange of views on electronic signatures through dedicated seminars and expert meetings in areas such as security and interoperability; and










(c)


contribute, as much as possible, to the other Party's efforts to study and analyse its own framework by making available relevant information.







ARTICLE 8.61

Regulatory Cooperation on Electronic Commerce


1.   The Parties shall maintain a dialogue on regulatory issues raised by electronic commerce, which will, inter alia, address the following issues:






(a)


the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services;










(b)


the liability of intermediary service providers with respect to the transmission or storage of information;










(c)


the treatment of unsolicited electronic commercial communications;










(d)


the protection of consumers; and










(e)


any other issue relevant for the development of electronic commerce.






2.   This cooperation may take the form of an exchange of information on the Parties' respective legislation on these issues as well as on the implementation of such legislation.




SECTION G

GENERAL PROVISIONS


ARTICLE 8.62

General Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures:






(a)


necessary to protect public security or public morals or to maintain public order (31);










(b)


necessary to protect human, animal or plant life or health;










(c)


relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic entrepreneurs or on the domestic supply or consumption of services;










(d)


necessary for the protection of national treasures of artistic, historic or archaeological value;










(e)


necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter, 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; or










(iii)


safety;




or










(f)


inconsistent with Article 8.6 (National Treatment) and Article 8.11 (National Treatment), provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, entrepreneurs or service suppliers of the other Party (32).






ARTICLE 8.63

Review

With a view to further deepening liberalisation and eliminating remaining restrictions and ensuring an overall balance of rights and obligations, the Parties shall review this Chapter and their Schedules of Specific Commitments no later than three years after the entry into force of this Agreement, and at regular intervals thereafter. As a result of such review, the Committee on Trade in Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees) may decide to amend the relevant Schedules of Specific Commitments.


ARTICLE 8.64

Committee on Trade in Services, Investment and Government Procurement


1.   The Committee on Trade in Services, Investment and Government Procurement shall be responsible for the effective implementation of this Chapter and to that end it shall:






(a)


regularly review the implementation of this Chapter by each Party and the Schedules of Specific Commitments in accordance with Article 8.63 (Review);










(b)


as appropriate, take decisions pursuant to Article 8.63 (Review) amending the Appendices to Annexes 8-A and 8-B; and










(c)


consider any matter in relation to this Chapter as the Parties may agree.






2.   The responsibilities of the Committee on Trade in Services, Investment and Government Procurement in relation to Chapter Nine (Government Procurement) are set out in Article 9.19 (Responsibilities of the Committee).





CHAPTER NINE

GOVERNMENT PROCUREMENT


ARTICLE 9.1

Definitions

For the purposes of this Chapter:






(a)


‘commercial goods and services’ means goods and services of a type generally sold or offered for sale in the commercial marketplace to, and customarily purchased by, non-governmental buyers for non-governmental purposes;










(b)


‘competitive activity’ means, in the case of the Union:






(i)


an activity, performed within the territory of a Member State of the Union, which is directly exposed to competition in markets to which access is not restricted; and










(ii)


a competent authority in the Union has adopted a decision establishing the applicability of paragraph (i);




for the purposes of subparagraph (b)(i), the question of whether an activity is directly exposed to competition shall be decided on the basis of the characteristics of the goods or services concerned, the existence of alternative goods or services, and their prices and the actual or potential presence of more than one supplier of the goods or services in question;










(c)


‘construction services’ means a service that has as its objective the realisation by whatever means of civil or building works as defined in Division 51 of the Provisional UN Central Product Classification (CPC);










(d)


‘corrective action’ means, in the context of domestic review procedures, either setting aside or ensuring the setting aside of decisions that were taken unlawfully by a procuring entity, including 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;










(e)


‘electronic auction’ means an iterative process that involves the use of electronic means for the presentation by suppliers of either new prices, or new values for quantifiable non-price elements of the tender related to the evaluation criteria, or both, resulting in a ranking or re-ranking of tenders;










(f)


‘in writing’ or ‘written’ means any worded or numbered expression that can be read, reproduced, and later communicated; it may include electronically transmitted and stored information;










(g)


‘juridical person’ is understood as provided for in paragraph (b) of Article 8.2 (Definitions);










(h)


a ‘Union juridical person’ or a ‘Singapore juridical person’ is understood as provided for in paragraph (c) of Article 8.2 (Definitions);










(i)


‘limited tendering’ means a procurement method where the procuring entity contacts a supplier or suppliers of its choice;










(j)


‘locally established’ means a juridical person which is established in one Party and which is owned or controlled by natural or juridical persons of the other Party;
a juridical person is:






(i)


‘owned’ by natural or juridical persons of the other Party if more than 50 per cent of the equity interest in that juridical person is beneficially owned by persons of the other Party; and










(ii)


‘controlled’ by natural or juridical persons of the other Party if such persons have the power to name a majority of the directors of that juridical person or otherwise to legally direct its actions;














(k)


‘measure’ means any law, regulation, procedure, administrative guidance or practice, or any action of a procuring entity relating to a covered procurement;










(l)


‘multi-use list’ means a list of suppliers that a procuring entity has determined satisfies the conditions for participation in that list, and that the procuring entity intends to use more than once;










(m)


‘notice of intended procurement’ means a notice published by a procuring entity inviting interested suppliers to submit a request for participation, a tender, or both;










(n)


‘offsets’ means any condition or undertaking that encourages local development or improves a Party's balance-of-payments accounts, such as the use of domestic content, the licensing of technology, investment, counter-trade, and similar actions or requirements;










(o)


‘open tendering’ means a procurement method where all interested suppliers may submit a tender;










(p)


‘privatised’ means, in the case of Singapore, an entity that has been reconstituted from a procuring entity or part thereof to be a legal person acting in accordance with commercial considerations in the procurement of goods and that is no longer entitled to exercise governmental authority, even though the government possesses holdings thereof or appoints members of the Board of Directors thereto;
for greater certainty, where the government of a Party possesses holdings thereof or appoints a government official to the board of directors of a privatised entity, that entity is deemed to act in accordance with commercial considerations in its purchase of goods and services, such as with regard to the availability, price and quality of the goods and services if the government or the government official so appointed does not directly or indirectly influence or direct the decisions of the board of directors in relation to the entity's procurement of goods and services;










(q)


‘procuring entity’ means an entity covered under Annexes 9-A, 9-B or 9-C;










(r)


‘qualified supplier’ means a supplier that a procuring entity recognises as having satisfied the conditions for participation;










(s)


‘Revised GPA’ means the text of the Agreement on Government Procurement, as amended by the Protocol Amending the Agreement on Government Procurement, done at Geneva on 30 March 2012;










(t)


‘selective tendering’ means a procurement method where only qualified suppliers are invited by the procuring entity to submit a tender;










(u)


‘services’ includes construction services, unless otherwise specified;










(v)


‘standard’ means a document that has been approved by a recognised body and that provides, for common and repeated use, rules, guidelines, or characteristics for goods or services, or related processes and production methods, with which compliance is not mandatory; it may also include or deal exclusively with terminology, symbols, packaging, marking, or labelling requirements as they apply to a good, service, process, or production method;










(w)


‘supplier’ means a person or group of persons of either Party, as applicable, that provides or could provide goods or services; and










(x)


‘technical specification’ means a tendering requirement that:






(i)


lays down the characteristics of goods or services to be procured, including quality, performance, safety, and dimensions, or the processes and methods for their production or provision; or










(ii)


addresses terminology, symbols, packaging, marking, or labelling requirements, as they apply to a good or service.










ARTICLE 9.2

Scope and Coverage


1.   This Chapter applies to any measure regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.


2.   For the purposes of this Chapter, ‘covered procurement’ means procurement for governmental purposes:






(a)


of goods, services, or any combination thereof:






(i)


as specified in each Party's Section of Annexes 9-A to 9-G; and










(ii)


not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;














(b)


by any contractual means, including purchase, lease, and rental or hire purchase with or without an option to buy, and any public-private partnership contracts as defined in Annex 9-I;










(c)


for which the value, as estimated in accordance with paragraphs 6 to 8, equals or exceeds the relevant threshold specified in Annexes 9-A to 9-G at the time of publication of a notice in accordance with Article 9.6 (Notices);










(d)


by a procuring entity; and










(e)


that is not otherwise excluded from coverage in paragraph 3 or in a Party's Section of Annexes 9-A to 9-G.






3.   Except where provided otherwise in Annexes 9-A to 9-G, this Chapter does not apply to:






(a)


the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon;










(b)


non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees, and fiscal incentives;










(c)


the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities;










(d)


public employment contracts;










(e)


procurement conducted:






(i)


for the specific purpose of providing international assistance, including development aid;










(ii)


under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or










(iii)


under the particular procedure or condition of an international organisation, or funded by international grants, loans, or other assistance, where the applicable procedure or condition would be inconsistent with this Chapter.










4.   Each Party shall specify the following information in Annexes 9-A to 9-G:






(a)


in Annex 9-A, the central government entities whose procurement is covered by this Chapter;










(b)


in Annex 9-B, the sub-central entities whose procurement is covered by this Chapter;










(c)


in Annex 9-C, all other entities whose procurement is covered by this Chapter;










(d)


in Annex 9-D, the goods covered by this Chapter;










(e)


in Annex 9-E, the services, other than construction services, covered by this Chapter;










(f)


in Annex 9-F, the construction services covered by this Chapter; and










(g)


in Annex 9-G, any general notes.






5.   Where a procuring entity, in the context of covered procurement, requires persons who are not listed in Annexes 9-A to 9-C to procure in accordance with particular requirements, Article 9.4 (General Principles) shall apply mutatis mutandis to such requirements.


6.   In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:






(a)


neither divide a procurement into separate procurements nor select or use a particular valuation method for estimating the value of a procurement with the intention of totally or partially excluding it from the application of this Chapter; and










(b)


include the estimated maximum total value of the procurement over its entire duration, whether awarded to one or more suppliers, taking into account all forms of remuneration, including:






(i)


premiums, fees, commissions, and interest; and










(ii)


where the procurement provides for the possibility of options, the total value of such options.










7.   Where an individual requirement for a procurement results in the award of more than one contract, or in the award of contracts in separate parts (hereafter referred to as ‘recurring procurements’), the calculation of the estimated maximum total value shall be based on:






(a)


the value of recurring procurements of the same type of good or service awarded during the preceding twelve months or the procuring entity's preceding fiscal year, adjusted where possible to take into account anticipated changes in the quantity or value of the good or service being procured over the subsequent twelve months; or










(b)


the estimated value of recurring procurements of the same type of good or service to be awarded during the twelve months subsequent to the initial contract award or the procuring entity's fiscal year.






8.   In the case of procurement by lease, rental, or hire purchase of goods or services, or procurement for which a total price is not specified, the basis for valuation shall be:






(a)


in the case of a fixed-term contract:






(i)


where the term of the contract is twelve months or less, the total estimated maximum value for its duration; or










(ii)


where the term of the contract exceeds twelve months, the total estimated maximum value, including any estimated residual value;














(b)


where the contract is for an indefinite period, the estimated monthly instalment multiplied by 48; and










(c)


where it is not certain whether the contract is to be a fixed-term contract, subparagraph (b) shall be used.







ARTICLE 9.3

Security and General Exceptions


1.   Nothing in this Chapter shall be construed as preventing a Party from taking any action or from not disclosing any information that it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition, or war materials, or to procurement indispensable for national security or for national defence purposes.


2.   Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Chapter shall be construed to prevent any Party from imposing or enforcing measures:






(a)


necessary to protect public morals, order, or safety;










(b)


necessary to protect human, animal or plant life or health;










(c)


necessary to protect intellectual property; or










(d)


relating to goods or services of persons with disabilities, philanthropic institutions, or prison labour.







ARTICLE 9.4

General Principles


1.   With respect to any measure regarding covered procurement, each Party, including its procuring entities, shall immediately and unconditionally accord to the goods and services of the other Party and to the suppliers of the other Party treatment no less favourable than the treatment the Party, including its procuring entities, accords to domestic goods, services, and suppliers.


2.   With respect to any measure regarding covered procurement, a Party, including its procuring entities, shall not:






(a)


treat a locally established supplier of the other Party less favourably than another locally established supplier on the basis of degree of foreign affiliation or ownership; or










(b)


discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party.






3.   When conducting covered procurement by electronic means, procuring entities shall:






(a)


ensure that the procurement is conducted using information technology systems and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available information technology systems and software; and










(b)


maintain mechanisms that ensure the integrity of requests for participation and tenders, including establishment of the time of receipt and the prevention of inappropriate access.






4.   Procuring entities shall conduct covered procurement in a transparent and impartial manner that:






(a)


is consistent with this Chapter, using methods such as open tendering, selective tendering, and limited tendering;










(b)


avoids conflicts of interest; and










(c)


prevents corrupt practices.






5.   For the purposes of covered procurement, neither Party may apply rules of origin to goods or services imported from or supplied from the other Party that are different from the rules of origin the Party applies at the same time in the normal course of trade to imports or supplies of the same goods or services from the other Party.


6.   With regard to covered procurement, a Party, including its procuring entities, shall not seek, take account of, impose, or enforce any offsets.


7.   Paragraphs 1 and 2 shall not apply to customs duties and charges of any kind imposed on, or in connection with, importation, the method of levying such duties and charges, other import regulations or formalities, and measures affecting trade in services other than measures governing covered procurement.



ARTICLE 9.5

Information on the Procurement System


1.   Each Party shall:






(a)


promptly publish any law, regulation, judicial decision, administrative ruling of general application, standard contract clause mandated by law or regulation and incorporated by reference in notices or tender documentation, and any procedure regarding covered procurement, and any modifications thereof, in an officially designated electronic or paper medium that is widely disseminated and remains readily accessible to the public; and










(b)


provide an explanation thereof to the other Party on request.






2.   Each Party shall list in Annex 9-H:






(a)


the electronic or paper media in which the Party publishes the information described in paragraph 1; and










(b)


the electronic or paper media in which the Party publishes the notices required by Article 9.6 (Notices), paragraph 8 of Article 9.8 (Qualification of Suppliers), and paragraph 2 of Article 9.15 (Transparency of Procurement Information).






3.   Each Party shall promptly notify the Committee on Trade in Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees) of any modification to the media of information listed in Annex 9-H.



ARTICLE 9.6

Notices


1.   For each covered procurement, a procuring entity shall publish a notice of intended procurement, which shall be directly accessible by electronic means, free of charge, through a single point of access, except in the circumstances described in Article 9.12 (Limited Tendering). The notice of intended procurement shall remain readily accessible to the public, at least until the expiration of the time-period indicated in the notice. The appropriate electronic medium shall be listed by each Party in its Section of Annex 9-H.


2.   Except as otherwise provided in this Chapter, each notice of intended procurement shall include:






(a)


the name and address of the procuring entity, and other information necessary to contact the procuring entity and obtain all relevant documents relating to the procurement, and their cost and terms of payment, if any;










(b)


a description of the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity;










(c)


for recurring contracts, an estimate, if possible, of the timing of subsequent notices of intended procurement;










(d)


a description of any options;










(e)


the time-frame for delivery of goods or services or the duration of the contract;










(f)


the procurement method that will be used and whether it will involve negotiation or electronic auction;










(g)


where applicable, the address and any final date for the submission of requests for participation in the procurement;










(h)


the address and the final date for the submission of tenders;










(i)


the language or languages in which tenders or requests for participation may be submitted, if they may be submitted in a language other than an official language at the place where the procuring entity is located;










(j)


a list and brief description of any conditions for participation of suppliers, including any requirements for specific documents or certifications to be provided by suppliers in connection therewith, unless such requirements are included in tender documentation that is made available to all interested suppliers at the same time as the notice of intended procurement;










(k)


where the procuring entity intends to select a limited number of qualified suppliers to be invited to tender pursuant to Article 9.8 (Qualification of Suppliers), the criteria that will be used to select those suppliers and, where applicable, any limitation on the number of suppliers that will be permitted to tender; and










(l)


an indication that the procurement is covered by this Agreement.






3.   For each case of intended procurement, a procuring entity shall publish a summary notice that is readily accessible in one of the WTO languages at the same time as the publication of the notice of intended procurement. The notice shall contain at least the following information:






(a)


the subject-matter of the procurement;










(b)


the final date for the submission of tenders or, where applicable, any final date for the submission of requests for participation in the procurement or for inclusion on a multi-use list; and










(c)


the address from which documents relating to the procurement may be requested.






4.   Procuring entities are encouraged to publish by electronic means through the single point of access used for the publication of notices of intended procurement as early as possible in each fiscal year a notice regarding their future procurement plans (hereinafter referred to as a ‘notice of planned procurement’). That notice of planned procurement should include the subject-matter of the procurement and the planned date of the publication of the notice of intended procurement.


5.   Procuring entities covered by Annexes 9-B or 9-C may use a notice of planned procurement as a notice of intended procurement, provided that the notice of planned procurement includes as much of the information referred to in paragraph 2 as is available and a statement that interested suppliers should express their interest in the procurement to the procuring entity.



ARTICLE 9.7

Conditions for Participation


1.   Procuring entities shall limit the conditions for participation in a given procurement to those that are essential to ensure that a supplier has the legal, commercial, technical, and financial ability to undertake the relevant procurement.


2.   In establishing the conditions for participation, procuring entities:






(a)


shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a Party, or that the supplier has prior experience in the territory of that Party; but










(b)


may require relevant prior experience where essential to meet the requirements of the procurement.






3.   In assessing whether a supplier satisfies the conditions for participation, procuring entities:






(a)


shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and










(b)


shall base their evaluation on the conditions that they specified in advance in notices or tender documentation.






4.   Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as:






(a)


bankruptcy;










(b)


false declarations;










(c)


significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts;










(d)


final judgments in respect of serious crimes or other serious offences;










(e)


professional misconduct or acts or omissions that adversely reflect upon the commercial integrity of the supplier; or










(f)


failure to pay taxes.







ARTICLE 9.8

Qualification of Suppliers


1.   Each Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information.


2.   Each Party shall ensure that:






(a)


its procuring entities make efforts to minimise differences in their qualification procedures; and










(b)


where its procuring entities maintain registration systems, those procuring entities make efforts to minimise differences in their registration systems.






3.   Neither Party, including its procuring entities, shall adopt or apply any registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement.


4.   Where a procuring entity intends to use selective tendering, that procuring entity shall:






(a)


in the notice of intended procurement include at least the information in subparagraphs 2(a), (b), (f), (g), (j), (k), and (l) of Article 9.6 (Notices) and invite suppliers to submit a request for participation; and










(b)


by the commencement of the time period for tendering, provide at least the information in subparagraphs 2(c), (d), (e), (h), and (i) of Article 9.6 (Notices) to the qualified suppliers that it notifies in accordance with subparagraph 3(b) of Article 9.10 (Time Periods).






5.   Procuring entities shall allow all qualified suppliers to participate in a particular procurement, unless the procuring entity sets a limit in the notice of intended on the number of suppliers that will be permitted to tender and states the criteria for selecting the limited number of suppliers. In any case, the number of suppliers permitted to submit a tender shall be sufficient to ensure competition without affecting the operational efficiency of the procurement system.


6.   Where the tender documentation is not made publicly available from the date of publication of the notice referred to in paragraph 4, the procuring entity shall ensure that those documents are made available at the same time to all the qualified suppliers that have been selected in accordance with paragraph 5.


7.   Procuring entities may maintain a multi-use list of suppliers, provided that a notice inviting interested suppliers to apply for inclusion on the list is:






(a)


published annually; and










(b)


where published by electronic means, made available continuously, in the appropriate medium listed in Annex 9-H.






8.   The notice provided for in paragraph 7 shall include:






(a)


a description of the goods or services, or categories thereof, for which the list may be used;










(b)


the conditions for participation to be satisfied by suppliers for inclusion on the list and the methods that the procuring entity will use to verify that a supplier satisfies the conditions;










(c)


the name and address of the procuring entity and other information necessary to contact the procuring entity and obtain all relevant documents relating to the list;










(d)


the period of validity of the list and the means for its renewal or termination, or where the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the list; and










(e)


an indication that the list may be used for procurement covered by this Agreement.






9.   Notwithstanding paragraph 7, where a multi-use list will be valid for three years or less, procuring entities may publish the notice referred to in paragraph 7 only once, at the beginning of the period of validity of the list, provided that the notice:






(a)


states the period of validity and that further notices will not be published; and










(b)


is published by electronic means and is made available continuously during the period of its validity.






10.   Procuring entities shall allow suppliers to apply at any time for inclusion on a multi-use list and shall include on the list all qualified suppliers within a reasonably short time.


11.   Where a supplier that is not included on a multi-use list submits a request for participation in a procurement based on a multi-use list and all required documents relating thereto within the time period provided for in paragraph 2 of Article 9.10 (Time Periods), the procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement on the grounds that the procuring entity has insufficient time to examine the request unless, in exceptional cases, due to the complexity of the procurement, the procuring entity is not able to complete the examination of the request within the time period allowed for the submission of tenders.


12.   Procuring entities covered under Annex 9-C may use a notice inviting suppliers to apply for inclusion on a multi-use list as a notice of intended procurement, provided that:






(a)


the notice is published in accordance with paragraph 7 and includes the information in paragraph 8, as much of the information in paragraph 2 of Article 9.6 (Notices) as is available, and a statement that it constitutes a notice of intended procurement or that only the suppliers on the multi-use list will receive further notices of procurement covered by the multi-use list; and










(b)


the procuring entity promptly provides to suppliers that have expressed an interest to the procuring entity in a given procurement, sufficient information to permit them to assess their interest in the procurement, including all remaining information required in paragraph 2 of Article 9.6 (Notices), to the extent such information is available.






13.   Procuring entities covered under Annex 9-C may allow a supplier that has applied for inclusion on a multi-use list in accordance with paragraph 10 to tender in a given procurement, where there is sufficient time for the procuring entity to examine whether the supplier satisfies the conditions for participation.


14.   Procuring entities shall promptly inform any supplier that submits a request for participation or application for inclusion on a multi-use list of the procuring entity's decision with respect to the request.


15.   Where a procuring entity rejects a supplier's request for participation or application for inclusion on a multi-use list, ceases to recognise a supplier as qualified, or removes a supplier from a multi-use list, that procuring entity shall promptly inform the supplier and, at the request of the supplier, promptly provide the supplier with a written explanation of the reasons for its decision.



ARTICLE 9.9

Technical Specifications and Tender Documentation


1.   Procuring entities shall not prepare, adopt, or apply any technical specification or prescribe any conformity assessment procedure with the purpose or the effect of creating unnecessary obstacles to international trade.


2.   In prescribing the technical specifications for the goods or services being procured, procuring entities shall, where appropriate:






(a)


set out the technical specification in terms of performance and functional requirements, rather than design or descriptive characteristics; and










(b)


base the technical specification on international standards, where such exist; otherwise, on national technical regulations, recognised national standards, or building codes.






3.   Where design or descriptive characteristics are used in the technical specifications, procuring entities should indicate, where appropriate, that they will consider tenders of equivalent goods or services that demonstrably fulfil the requirements of the procurement by including words such as ‘or equivalent’ in the tender documentation.


4.   Procuring entities shall not prescribe technical specifications that require or refer to a particular trademark or trade name, patent, copyright, design, type, specific origin, producer, or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements, and provided that, in such cases, the procuring entity include words such as ‘or equivalent’ in the tender documentation.


5.   Procuring entities shall not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in the procurement.


6.   For greater certainty, each Party, including its procuring entities, may, in accordance with this Article, prepare, adopt, or apply technical specifications to promote the conservation of natural resources or protect the environment.


7.   Where procuring entities lay down environmental characteristics in terms of performance or functional requirement, as referred to in paragraph 2(a), they may consider using the detailed specification or, if necessary, parts thereof, as defined by eco-labels existing within the Union and green labels existing in Singapore, provided that:






(a)


those specifications are appropriate to define the characteristics of the supplies or services that are the object of the contract;










(b)


the requirements of the label are drawn up on the basis of scientific information; and










(c)


those specifications are accessible to all interested parties.






8.   Procuring entities shall provide to suppliers tender documentation that includes all information necessary to permit suppliers to prepare and submit responsive tenders. Unless already provided in the notice of intended procurement, such documentation shall include a complete description of:






(a)


the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity and any requirements to be fulfilled, including any technical specifications, conformity assessment certification, plans, drawings, or instructional materials;










(b)


any conditions for participation of suppliers, including a list of information and documents that suppliers are required to submit in connection with the conditions for participation;










(c)


all evaluation criteria that the procuring entity will apply in the awarding of the contract and, except where price is the sole criterion, the relative importance of such criteria;










(d)


where the procuring entity will conduct the procurement by electronic means, any authentication and encryption requirements or other requirements related to the submission of information by electronic means;










(e)


where the procuring entity will hold an electronic auction, the rules, including identification of the elements of the tender related to the evaluation criteria, on which the auction will be conducted;










(f)


where there will be a public opening of tenders, the date, time, and place for the opening and, where appropriate, the persons authorised to be present;










(g)


any other terms or conditions, including terms of payment and any limitation on the means by which tenders may be submitted, such as whether on paper or by electronic means; and










(h)


any dates for the delivery of goods or the supply of services.






9.   In establishing any delivery date for the goods or services being procured, procuring entities shall take into account such factors as the complexity of the procurement, the extent of subcontracting anticipated and the realistic time required for production, de-stocking and transport of goods from the point of supply or for supply of services.


10.   Procuring entities may lay down environmental conditions relating to the performance of a procurement, provided that these are compatible with the rules established by this Chapter and are indicated in the notice of intended procurement or in another notice used as a notice of intended procurement (33) or tender documentation.


11.   The evaluation criteria set out in the notice of intended procurement or in another notice used as a notice of intended procurement or tender documentation may include, among others, price and other cost factors, quality, technical merit, environmental characteristics, and terms of delivery.


12.   Procuring entities shall promptly:






(a)


make available tender documentation to ensure that interested suppliers have sufficient time to submit responsive tenders;










(b)


provide, on request, the tender documentation to any interested supplier; and










(c)


reply to any reasonable request for relevant information by any interested or participating supplier, provided that such information does not give that supplier an advantage over other suppliers.






13.   Where, prior to the award of a contract, a procuring entity modifies the criteria or requirements set out in a notice of intended procurement or in another notice used as a notice of intended procurement or tender documentation provided to participating suppliers, or amends or reissues a notice or tender documentation, it shall transmit in writing all such modifications or amended or re-issued notices or tender documentation:






(a)


to all suppliers that are participating at the time of the modification, amendment or re-issuance, where such suppliers are known to the procuring entity, and in all other cases, in the same manner as the original information was made available; and










(b)


in adequate time to allow such suppliers to modify and re-submit amended tenders, as appropriate.







ARTICLE 9.10

Time Periods


1.   Procuring entities shall, consistent with their own reasonable needs, provide sufficient time for suppliers to prepare and submit requests for participation and responsive tenders, taking into account such factors as:






(a)


the nature and complexity of the procurement;










(b)


the extent of subcontracting anticipated; and










(c)


the time necessary for transmitting tenders by non-electronic means from foreign as well as domestic points, where electronic means are not used.




Such time-periods, including any extension of the time periods, shall be the same for all interested or participating suppliers.


2.   Procuring entities that use selective tendering shall establish that, in principle, the final date for the submission of requests for participation shall not be less than 25 days from the date of publication of the notice of intended procurement. Where a state of urgency duly substantiated by the procuring entity renders this time period impracticable, the time period may be reduced to not less than ten days.


3.   Except as provided for in paragraphs 4, 5, 7 and 8, procuring entities shall establish that the final date for the submission of tenders shall not be less than 40 days from the date on which:






(a)


in the case of open tendering, the notice of intended procurement is published; or










(b)


in the case of selective tendering, the procuring entity notifies suppliers that they will be invited to submit tenders, whether or not it uses a multi-use list.






4.   Procuring entities may reduce the time-period for tendering set out in paragraph 3 to not less than ten days where:






(a)


the procuring entity published a notice of planned procurement under paragraph 4 of Article 9.6 (Notices) at least 40 days and not more than twelve months in advance of the publication of the notice of intended procurement, and the notice of planned procurement contains:






(i)


a description of the procurement;










(ii)


the approximate final dates for the submission of tenders or requests for participation;










(iii)


a statement that interested suppliers should express their interest in the procurement to the procuring entity;










(iv)


the address from which documents relating to the procurement may be obtained; and










(v)


as much of the information that is required under paragraph 2 of Article 9.6 (Notices) for the notice of intended procurement, as is available;














(b)


the procuring entity, for procurements of a recurring nature, indicated in an initial notice of intended procurement that subsequent notices will provide time periods for tendering based on this paragraph; or










(c)


a state of urgency duly substantiated by the procuring entity has rendered the time period for tendering established in accordance with paragraph 3 impracticable.






5.   Procuring entities may reduce the time period for tendering set out in paragraph 3 by five days for each one of the following circumstances:






(a)


the notice of intended procurement is published by electronic means;










(b)


all the tender documentation is made available by electronic means from the date of the publication of the notice of intended procurement; and










(c)


the tenders can be received by electronic means by the procuring entity.






6.   The use of paragraph 5, in conjunction with paragraph 4, shall in no case result in the reduction of the time period for tendering set out in paragraph 3 to less than ten days from the date on which the notice of intended procurement is published.


7.   Notwithstanding any other provision in this Article, where a procuring entity purchases commercial goods or services, or any combination thereof, it may reduce the time period for tendering set out in paragraph 3 to not less than thirteen days, provided that it publishes by electronic means, at the same time, both the notice of intended procurement and the tender documentation. In addition, where the procuring entity also accepts tenders for commercial goods and services by electronic means, it may reduce the time period set out in paragraph 3 to not less than ten days.


8.   Where a procuring entity covered under Annexes 9-B or 9-C has selected all or a limited number of qualified suppliers, the time period for tendering may be fixed by mutual agreement between the procuring entity and the selected suppliers. In the absence of agreement, the period shall not be less than ten days.



ARTICLE 9.11

Negotiations


1.   Each Party may provide for its procuring entities to conduct negotiations:






(a)


where the procuring entity has indicated its intent to conduct negotiations in the notice of intended procurement required under paragraph 2 of Article 9.6 (Notices); or










(b)


where it appears from the evaluation that no one tender is obviously the most advantageous in terms of the specific evaluation criteria set out in the notice of intended procurement or in another notice used as a notice of intended procurement or tender documentation.






2.   Procuring entities shall:






(a)


ensure that any elimination of suppliers participating in negotiations is carried out in accordance with the evaluation criteria set out in the notice of intended procurement or in another notice used as a notice of intended procurement or tender documentation; and










(b)


where negotiations are concluded, provide a common deadline for the remaining participating suppliers to submit any new or revised tenders.







ARTICLE 9.12

Limited Tendering


1.   Provided that they do not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, procuring entities may use limited tendering and may choose not to apply Article 9.6 (Notices), Article 9.7 (Conditions for Participation), Article 9.8 (Qualification of Suppliers), paragraphs 8 to 13 of Article 9.9 (Technical Specifications and Tender Documentation), Article 9.10 (Time Periods), Article 9.11 (Negotiations), Article 9.13 (Electronic Auctions), and Article 9.14 (Treatment of Tenders and Awarding of Contracts) only under any of the following circumstances:






(a)


where:






(i)


no tenders were submitted or no suppliers requested participation;










(ii)


no tenders that conform to the essential requirements of the tender documentation were submitted;










(iii)


no suppliers satisfied the conditions for participation; or










(iv)


the tenders submitted have been collusive;




provided that the procuring entity does not substantially modify the requirements set out in the tender documentation;










(b)


where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:






(i)


the requirement is for a work of art;










(ii)


the protection of patents, copyrights or other exclusive rights; or










(iii)


due to an absence of competition for technical reasons;














(c)


for additional deliveries by the original supplier of goods and services that were not included in the initial procurement where a change of supplier for such additional goods and services:






(i)


cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement; and










(ii)


would cause significant inconvenience or substantial duplication of costs for the procuring entity;














(d)


insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering or selective tendering;










(e)


for goods purchased on a commodity market;










(f)


where a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study or original development. Original development of a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity at acceptable quality standards, but does not include quantity production, supply for the purpose of establishing commercial viability, or the recovery of research and development costs;










(g)


for purchases made under exceptionally advantageous conditions that only arise in the very short term in the case of unusual disposals, such as those arising from liquidation, receivership, or bankruptcy, but not for routine purchases from regular suppliers; and










(h)


where a contract is awarded to a winner of a design contest, provided that:






(i)


the contest has been organised in a manner that is consistent with the principles of this Chapter, in particular relating to the publication of a notice of intended procurement; and










(ii)


the participants are judged by an independent jury with a view to a design contract being awarded to a winner.










2.   Procuring entities shall prepare a report in writing on each contract awarded under paragraph 1. The report shall include the name of the procuring entity, the value and kind of goods or services procured, and a statement indicating the circumstances and conditions described in paragraph 1 that justified the use of limited tendering.



ARTICLE 9.13

Electronic Auctions

Where a procuring entity intends to conduct a covered procurement using an electronic auction, the procuring entity shall provide each participant, before commencing the electronic auction, with:






(a)


the automatic evaluation method, including the mathematical formula, that is based on the evaluation criteria set out in the tender documentation and that will be used in the automatic ranking or re-ranking during the auction;










(b)


the results of any initial evaluation of the elements of its tender where the contract is to be awarded on the basis of the most advantageous tender; and










(c)


any other relevant information relating to the conduct of the auction.






ARTICLE 9.14

Treatment of Tenders and Awarding of Contracts


1.   Procuring entities shall receive, open, and treat all tenders in accordance with procedures that guarantee the fairness and impartiality of the procurement process, and the confidentiality of tenders.


2.   Procuring entities shall not penalise any supplier whose tender is received after the time specified for receiving tenders if the delay was due solely to mishandling on the part of the procuring entity.


3.   Where a procuring entity provides a supplier with an opportunity to correct unintentional errors of form between the opening of tenders and the awarding of the contract, the procuring entity shall provide the same opportunity to all participating suppliers.


4.   To be considered for an award, a tender shall have been submitted in writing and shall, at the time of opening, comply with the essential requirements set out in the notices and tender documentation, and shall be from a supplier that satisfies the conditions for participation.


5.   Unless a procuring entity determines that it is not in the public interest to award a contract, the procuring entity shall award the contract to the supplier that the procuring entity has determined to be capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notices and tender documentation, has submitted:






(a)


the most advantageous tender; or










(b)


where price is the sole criterion, the lowest price.






6.   Where a procuring entity receives a tender with a price that is abnormally lower than the prices in other tenders submitted, it may verify with the supplier that it satisfies the conditions for participation and is capable of fulfilling the terms of the contract, and whether the price takes into account the grant of subsidies.


7.   Where a procuring entity establishes that a tender is abnormally low because the supplier has obtained subsidies, it may reject the tender on that ground alone only after having consulted with the supplier and the latter is unable to prove, within a sufficient period fixed by the procuring entity, that the subsidy in question was granted in compliance with the disciplines relating to subsidies laid down in this Agreement.


8.   A procuring entity shall not use options, cancel a procurement, or modify awarded contracts, in a manner that circumvents the obligations under this Chapter.



ARTICLE 9.15

Transparency of Procurement Information


1.   Procuring entities shall promptly inform participating suppliers of the procuring entity's contract award decisions and, upon the request of a supplier, shall do so in writing. Subject to paragraphs 2 and 3 of Article 9.16 (Disclosure of Information), procuring entities shall, upon request, provide an unsuccessful supplier with an explanation of the reasons why the procuring entity did not select its tender and the relative advantages of the successful supplier's tender.


2.   Not later than 72 days after the award of each contract covered by this Chapter, the procuring entity shall publish a notice in the appropriate paper or electronic medium listed in Annex 9-H. Where the procuring entity publishes the notice only in an electronic medium, the information shall remain readily accessible for a reasonable period of time. The notice shall include at least the following information:






(a)


a description of the goods or services procured;










(b)


the name and address of the procuring entity;










(c)


the name and address of the successful supplier;










(d)


the value of the successful tender or the highest and lowest offers taken into account in the award of the contract;










(e)


the date of award; and










(f)


the type of procurement method used, and in cases where limited tendering was used pursuant to Article 9.12 (Limited Tendering), a description of the circumstances justifying the use of limited tendering.






3.   Each procuring entity shall, for a period of at least three years from the date it awards a contract, maintain:






(a)


the documentation and reports of tendering procedures and contract awards relating to covered procurement, including the reports required under Article 9.12 (Limited Tendering); and










(b)


data that ensure the appropriate traceability of the conduct of covered procurement by electronic means.






4.   Each Party agrees to communicate to the other Party the available and comparable statistical data relevant to the procurement covered by this Chapter.



ARTICLE 9.16

Disclosure of Information


1.   Upon the request of a Party, the other Party shall promptly provide any information necessary to determine whether a procurement was conducted fairly, impartially and in accordance with this Chapter, including information on the characteristics and relative advantages of the successful tender. In cases where release of the information would prejudice competition in future tenders, the Party that receives that information shall not disclose such information to any supplier, except after consultation with, and the agreement of, the Party that provided the information.


2.   Notwithstanding any other provision of this Chapter, a Party, including its procuring entities, shall not provide to any particular supplier information that might prejudice fair competition between suppliers.


3.   Nothing in this Chapter shall be construed as requiring a Party, including its procuring entities, authorities, and review bodies, to disclose confidential information where disclosure:






(a)


would impede law enforcement;










(b)


might prejudice fair competition between suppliers;










(c)


would prejudice the legitimate commercial interests of particular persons, including the protection of intellectual property; or










(d)


would otherwise be contrary to the public interest.







ARTICLE 9.17

Domestic Review Procedures


1.   Each Party shall provide a timely, effective, transparent, and non-discriminatory administrative or judicial review procedure through which a supplier may challenge:






(a)


a breach of this Chapter; or










(b)


where the supplier does not have the right to challenge a breach of this Chapter directly under the domestic law of that Party, a failure to comply with that Party's measures implementing this Chapter,




arising in the context of a covered procurement in which the supplier has, or has had, an interest. In any case, each Party shall ensure that the review body, upon a challenge by a supplier, can examine decisions taken by their respective procuring entities on whether a particular procurement falls within the procurement that is covered by this Chapter.
The procedural rules for all challenges shall be in writing and made generally available through electronic means or a paper medium.


2.   In the event of a complaint by a supplier, that there has been a breach or a failure as referred to in paragraph 1 arising in the context of covered procurement in which the supplier has, or has had, an interest, the Party of the procuring entity conducting the procurement shall encourage the procuring entity and the supplier to seek resolution of the complaint through consultations. The procuring entity shall accord impartial and timely consideration to any such complaint in a manner that is not prejudicial to the supplier's participation in on-going or future procurement or to its right to seek corrective measures under the administrative or judicial review procedure.


3.   Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge, which in no case shall be less than ten days from the time when the basis of the challenge became known to the supplier or reasonably should have become known to the supplier.


4.   Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities for the purpose of receiving and reviewing challenges by suppliers arising in the context of covered procurements.


5.   Where a body other than an authority referred to in paragraph 4 initially reviews a challenge, the relevant Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority that is independent of the procuring entity whose procurement is the subject of the challenge.


6.   Each Party shall ensure that a review body that is not a court shall have its decision subject to judicial review or have procedures that provide that:






(a)


the procuring entity shall respond in writing to the challenge and disclose all relevant documents to the review body;










(b)


the participants to the proceedings (hereinafter referred to as ‘participants’) shall have the right to be heard prior to the decision of the review body on the challenge;










(c)


the participants shall have the right to be represented and accompanied;










(d)


the participants shall have access to all proceedings;










(e)


the participants shall have the right to request that the proceedings take place in public and that witnesses may be presented; and










(f)


the review body shall make its decisions or recommendations, in a timely fashion, in writing, and shall include an explanation of the basis for each decision or recommendation.






7.   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 may result in suspension of the procurement process. 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.


8.   Each Party shall provide that where a review body has determined that there has been a breach or a failure as referred to in paragraph 1, the review body may impose corrective action or grant compensation for the loss or damages suffered, which may be limited to either the costs for the preparation of the tender or the costs relating to the challenge. Where a contract has already been awarded, the Parties may provide that corrective action is not available.



ARTICLE 9.18

Modification and Rectification of Coverage


1.   Each Party shall notify the other Party of any proposed rectification of Annexes 9-A to 9-I, any transfer of an entity from one of those Annexes to another, any withdrawal of an entity from those Annexes, or any other modification to those Annexes (such acts collectively referred hereinafter to as a ‘modification’).


2.   For any proposed withdrawal by a Party of a procuring entity from Annexes 9-A to 9-C on the grounds that government control or influence over the procuring entity's covered procurement has been effectively eliminated, the Party proposing the modification (hereinafter referred to as ‘modifying Party’) shall include in the notification evidence that such government control or influence has been effectively eliminated. Government control or influence over the covered procurement of entities covered under Annex 9-C is deemed to be effectively eliminated if:






(a)


in the case of the Union, the procuring entity performs a competitive activity; and










(b)


in the case of Singapore, the procuring entity has been privatised.




Where government control or influence over the covered procurement of a procuring entity of a Party has been effectively eliminated, the other Party shall not be entitled to compensatory adjustments.


3.   For any other proposed modification, the modifying Party shall include in the notification information as to the likely consequences of the change for the coverage provided in this Chapter. Where the modifying Party proposes to make minor amendments or technical rectifications of a purely formal nature not affecting covered procurement, it shall notify these modifications at least every two years.


4.   Where the other Party (hereinafter referred to as ‘objecting Party’) objects to the notification by the modifying Party, the Parties shall seek to resolve the objection through consultations, including if necessary, consultations at the Committee on Trade in Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees). In such consultations, the Parties shall consider:






(a)


evidence pertaining to the effective elimination of government control or influence over an entity's covered procurement in the case of a notification under paragraph 2;










(b)


evidence that the proposed modification does not affect coverage in the case of a notification under paragraph 3; and










(c)


any claims relating to the need for compensatory adjustments arising from modifications notified according to paragraph 1 or to the level of such adjustments. Such adjustments may consist either of the compensatory expansion of coverage by the modifying Party or of a withdrawal of equivalent coverage by the objecting Party, in both cases with a view to maintaining a balance of rights and obligations and a comparable level of mutually agreed coverage provided in this Chapter.






5.   The Parties may have recourse to the dispute settlement mechanism under Chapter Fourteen (Dispute Settlement) where the objecting Party, after consultations under paragraph 4, considers that one or more of the following situations exist:






(a)


in the case of subparagraph 4(a), government control or influence over an entity's covered procurement has not been effectively eliminated;










(b)


in the case of subparagraph 4(b), a modification does not meet the criteria in paragraph 3 and which affects coverage, and should be subject to compensatory adjustments; or










(c)


in the case of subparagraph 4(c), compensatory adjustments proposed during the consultation between the Parties are not adequate to maintain a comparable level of mutually agreed coverage.






6.   A proposed modification shall only become effective where:






(a)


the objecting Party has not submitted a written objection to the proposed modification to the modifying Party within 45 days of the date of the notification of the proposed modifications;










(b)


the objecting Party has notified the modifying Party of the withdrawal of its objection;










(c)


the Parties have reached an agreement after due consultations under paragraph 4; or










(d)


the objection has been resolved through the dispute settlement mechanism under paragraph 5.







ARTICLE 9.19

Responsibilities of the Committee


1.   In the Committee on Trade in Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees), the Parties may:






(a)


adopt modalities for reporting statistical data pursuant to paragraph 4 of Article 9.15 (Transparency of Procurement Information);










(b)


review pending notifications of modifications to coverage and endorse updates to the list of entities in Annexes 9-A to 9-C;










(c)


endorse compensatory adjustments resulting from modifications affecting coverage;










(d)


revise, where required, indicative criteria that demonstrate the effective elimination of government control or influence over an entity's covered procurement;










(e)


adopt criteria for deciding over the level of compensatory adjustments of coverage;










(f)


consider issues regarding government procurement that are referred to it by a Party;










(g)


exchange information relating to government procurement opportunities in each Party, including those at sub-central levels; and










(h)


discuss any other matters related to the operation of this Chapter.






2.   In the Committee on Trade in Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees), the Parties may take any decision required for the purposes of subparagraphs (a) to (h).



ARTICLE 9.20

Adjustment to GPA provisions

If the Revised GPA is amended or superseded by another agreement, the Parties shall amend this Chapter by decision in the Committee on Trade in Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees), as appropriate.



CHAPTER TEN

INTELLECTUAL PROPERTY


ARTICLE 10.1

Objectives


1.   The objectives of this Chapter are to:






(a)


facilitate the production and commercialisation of innovative and creative products and the provision of services between the Parties; and










(b)


increase the benefits from trade and investment through the adequate and effective level of protection of intellectual property rights and the provision of measures for the effective enforcement of such rights.






2.   The objectives and principles set forth in Part I of the TRIPS Agreement, in particular in Article 7 (Objectives) and Article 8 (Principles) shall apply to this Chapter, mutatis mutandis.



SECTION A

PRINCIPLES


ARTICLE 10.2

Scope and Definitions


1.   The Parties recall the commitments under the international treaties dealing with intellectual property, including the TRIPS Agreement and the Paris Convention for the Protection of Industrial Property of 20 March 1883, as revised at Stockholm on 15 July 1967 (hereinafter referred to as the ‘Paris Convention’). The provisions of this Chapter shall complement the rights and obligations of the Parties under the TRIPS Agreement and other international treaties in the field of intellectual property to which they both are parties.


2.   For the purposes of this Chapter, ‘intellectual property rights’ means:






(a)


all categories of intellectual property that are the subject of Sections 1 to 7 of Part II of the TRIPS Agreement namely:






(i)


copyright and related rights;










(ii)


patents (34);










(iii)


trademarks;










(iv)


designs;










(v)


layout-designs (topographies) of integrated circuits;










(vi)


geographical indications;










(vii)


protection of undisclosed information; and














(b)


plant variety rights.







ARTICLE 10.3

Exhaustion

Each Party shall be free to establish its own regime for the exhaustion of intellectual property rights subject to the relevant provisions of the TRIPS Agreement.



SECTION B

STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS


SUB-SECTION A

COPYRIGHT AND RELATED RIGHTS


ARTICLE 10.4

Protection Granted

The Parties shall comply with the rights and obligations set out in the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (as last revised at Paris on July 24, 1971), the WIPO Copyright Treaty, adopted in Geneva on 20 December 1996, the WIPO Performances and Phonograms Treaty, adopted in Geneva on 20 December 1996, and the TRIPS Agreement (35). The Parties may provide for the protection of performers, producers of phonograms and broadcasting organisations in accordance with the relevant provisions of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done at Rome on 26 October 1961.


ARTICLE 10.5

Term of Protection


1.   Each Party shall provide that, where the term of protection of a work is to be calculated on the basis of the life of the author, the term shall be not less than the life of the author and 70 years after the author's death.


2.   In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.


3.   The term of protection of cinematographic works (36) shall be not less than 70 years after the work has been made available to the public with the consent of the author or, failing such an event within 50 years of the making of the work, at least 70 years after the making of the work (37).


4.   The term of protection for rights in phonograms shall be not less than 50 years after the making of the phonogram, and, if published within this period, no less than 70 years after the first lawful publication of the phonogram.


5.   The term of protection for rights in broadcasts shall be not less than 50 years after the first transmission or the making of the broadcast.


6.   The terms laid down in this Article shall be calculated from the first of January of the year following the event which gives rise to them.



ARTICLE 10.6

Producers of Phonograms

Each Party shall provide producers of phonograms (38) with the right to a single equitable remuneration if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for public performance (39) (40).


ARTICLE 10.7

Resale Rights

The Parties agree to exchange views and information on practices and policies with regard to the resale rights of artists.


ARTICLE 10.8

Cooperation on Collective Management of Rights

The Parties shall endeavour to promote dialogue and cooperation among their respective collective management societies for the purpose of ensuring easier access and delivery of content between the territories of the Parties, and ensuring the transfer of royalties arising from the use of works or other copyright-protected subject matter.


ARTICLE 10.9

Protection of Technological Measures


1.   Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of any effective technological measures (41) that are used by authors, performers or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances, and phonograms, which are not authorised by the authors, the performers or the producers of phonograms concerned or permitted by domestic law (42).


2.   In order to provide the adequate legal protection and effective legal remedies referred to in paragraph 1, each Party shall provide protection at least against:






(a)


to the extent provided by its domestic law:






(i)


the unauthorised circumvention of an effective technological measure carried out knowingly or with reasonable grounds to know; and;










(ii)


the offering to the public by marketing of a device or product, including computer programs, or a service, as a means of circumventing an effective technological measure; and














(b)


the manufacture, importation, or distribution of a device or product, including computer programs, or provision of a service that:






(i)


is primarily designed or produced for the purpose of circumventing an effective technological measure; or










(ii)


has only a limited commercially significant purpose other than circumventing an effective technological measure (43).










3.   In providing adequate legal protection and effective legal remedies pursuant to paragraph 1, a Party may adopt or maintain appropriate limitations, or exceptions to, measures implementing paragraphs 1 and 2. The obligations under paragraphs 1 and 2 are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under each Party's domestic law.



ARTICLE 10.10

Protection of Rights Management Information


1.   To protect electronic rights management information (44), each Party shall provide adequate legal protection and effective legal remedies against any person knowingly performing without authority any of the following acts knowing or, with respect to civil remedies, having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any copyright or related rights. Such acts are:






(a)


the removal or alteration of any electronic rights management information; and










(b)


the distribution, import for distribution, broadcast, communication, or making available to the public copies of works, performances, or phonograms, knowing that electronic rights management information has been removed or altered without authority.






2.   In providing adequate legal protection and effective legal remedies pursuant to paragraph 1, a Party may adopt or maintain appropriate limitations, or exceptions to, measures implementing paragraph 1. The obligations under paragraph 1 are without prejudice to the rights, limitations, exceptions or defences to copyright or related rights infringement under a Party's domestic law.



ARTICLE 10.11

Exceptions and Limitations

The Parties may provide for limitations or exceptions to the rights under Article 10.6 (Producers of Phonograms) only in 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.



SUB-SECTION B

TRADEMARKS


ARTICLE 10.12

International Agreements

Each Party shall make all reasonable efforts to comply with the Trademark Law Treaty, done at Geneva on 27 October 1994, and with the Singapore Treaty on the Law of Trademarks, adopted in Singapore on 27 March 2006 (45).


ARTICLE 10.13

Registration Procedure

Each Party shall provide for a system for the registration of trademarks in which the relevant trademark administration shall give reasons in writing for any refusal to register a trademark. The applicant shall have the opportunity to appeal against such refusal before a judicial authority. Each Party shall introduce the possibility for third parties to oppose trademark applications. Each Party shall provide a publicly available electronic database of trademark applications and trademark registrations.


ARTICLE 10.14

Well-Known Trademarks

The Parties shall protect well-known trademarks in accordance with the TRIPS Agreement. In determining whether a trademark is well-known, the Parties shall give consideration to 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 10.15

Exceptions to the Rights Conferred by a Trademark

Each Party:






(a)


shall provide for the fair use of descriptive terms (46) as a limited exception to the rights conferred by trademarks; and










(b)


may provide for other limited exceptions,




provided that these exceptions take account of the legitimate interests of the owners of the trademarks and of third parties.



SUB-SECTION C

GEOGRAPHICAL INDICATIONS (47)



ARTICLE 10.16

Scope


1.   Sub-Section C (Geographical Indications) applies to the recognition and protection of geographical indications for wines, spirits, agricultural products and foodstuffs which are originating in the territories of the Parties.


2.   Geographical indications of a Party that are to be protected by the other Party shall only be subject to Sub-Section C (Geographical Indications) if they are recognised and declared as geographical indications in their country of origin.



ARTICLE 10.17

System of Protection of Geographical Indications


1.   Upon the entry into force of this Agreement, each Party shall establish systems for the registration and protection of geographical indications in its territory for such categories of wines and spirits and agricultural products and foodstuffs as it deems appropriate.


2.   The systems referred to in paragraph 1 shall contain elements such as:






(a)


a domestic register;










(b)


an administrative process to verify that the geographical indications entered, or to be entered, on the domestic register referred to in subparagraph 2(a), identify a good as originating in the territory of a Party, or a region or locality in that Party's territory, where a given quality, reputation or other characteristic of the good is essentially attributable to their geographical origin;










(c)


an objection procedure that allows the legitimate interests of third parties to be taken into account; and










(d)


legal means that permit the rectification and cancellation of entries on the domestic register referred to in subparagraph 2(a), that take into account the legitimate interests of third parties and the right holders of the registered geographical indications in question.






3.   The Parties shall, as soon as practicable after the procedures for protection of geographical indications in each Party (48) have been concluded for all the names listed in Annex 10-A, meet to adopt a decision in the Trade Committee referred to under Article 16.1 (Trade Committee) regarding the listing in Annex 10-B of the names from Annex 10-A of each Party that have been and remain protected as geographical indications under the respective Party's system referred to in paragraph 2.



ARTICLE 10.18

Amendment of List of Geographical Indications

The Parties agree on the possibility of amending the list of geographical indications for wines, spirits, agricultural products and foodstuffs listed in Annex 10-B to be protected by each Party under Sub-Section C (Geographical Indications). Such amendments to Annex 10-B shall be subject to the geographical indications having been and remaining protected as geographical indications under the respective Party's system referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications).


ARTICLE 10.19

Scope of Protection of Geographical Indications


1.   Subject to Article 10.22 (General Rules), in respect of geographical indications for wines, spirits, agricultural products and foodstuffs listed in Annex 10-B that remain protected as geographical indications under its system as referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications), each Party shall provide the legal means for interested parties to prevent:






(a)


the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than its true place of origin in a manner which misleads the public as to the geographical origin of the good; and










(b)


any other use which constitutes an act of unfair competition within the meaning of Article 10bis (Unfair Competition) of the Paris Convention.






2.   Subject to Article 10.22 (General Rules), in respect of geographical indications for wines and spirits listed in Annex 10-B that remain protected as geographical indications under its system as referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications), each Party shall provide the legal means for interested parties to prevent the use of any such geographical indication identifying wines for wines not originating in the place indicated by the geographical indication in question or identifying spirits for spirits not originating in the place indicated by the geographical indication in question, even where:






(a)


the true origin of the good is indicated;










(b)


the geographical indication is used in translation; or










(c)


the geographical indication is accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, or the like.






3.   Subject to Article 10.22 (General Rules), in respect of geographical indications for agricultural products and foodstuffs listed in Annex 10-B that remain protected as geographical indications under the Party's system as referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications), each Party shall provide the legal means for interested parties to prevent the use of any such geographical indication identifying a good for a like good (49) not originating in the place indicated by the geographical indication in question, even where:






(a)


the true origin of the good is indicated;










(b)


the geographical indication is used in translation (50); or










(c)


the geographical indication is accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, or the like.






4.   Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its provisions in respect of a geographical indication in the case of the failure of a right holder to:






(a)


renew the registration of the geographical indication in that Party's market; or










(b)


maintain minimal commercial activity or interest in the geographical indication in that Party's market, including commercialisation, promotion or market monitoring.






5.   Without prejudice to paragraph 3 of Article 23 of the TRIPS Agreement, each Party shall determine the practical conditions under which homonymous geographical indications will be differentiated from each other in its territory, taking into account the need to ensure equitable treatment of the producers concerned and the need to ensure that consumers are not misled.


6.   Where a Party receives an application for registration or protection of a geographical indication that is homonymous with one of the geographical indications in Annex 10-B, that Party will take into consideration the views and submissions of the applicant and the producers concerned (51) in determining the conditions under which the homonymous geographical indications will be differentiated from each other.



ARTICLE 10.20

Right of Use of Geographical Indications

The persons who may use a geographical indication protected under Sub-Section C (Geographical Indications) are not limited to the applicant, provided that such use relates to the goods as identified by that geographical indication.


ARTICLE 10.21

Relationship with Trademarks


1.   Subject to Article 10.22 (General Rules), in respect of geographical indications listed in Annex 10-B that remain protected as geographical indications under a Party's system as referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications), the registration of a trademark for goods which contains or consists of a geographical indication that identifies like goods shall be refused or invalidated ex officio if that Party's domestic law so permits, or at the request of an interested party, with respect to goods not having the origin of the geographical indication concerned, provided that the application to register the trademark is submitted after the date of application for the registration of the geographical indication in the territory concerned.


2.   Without prejudice to paragraph 4, the Parties acknowledge that the existence of a prior conflicting trademark in the territory of a Party would not completely preclude the registration of a subsequent geographical indication for like goods in that Party (52).


3.   Where a trademark has been applied for or has been registered in good faith, or where rights to a trademark have been acquired through use in good faith, if that possibility is provided by the Parties' respective domestic laws, and such application, registration or acquisition takes place either:






(a)


before the date of application for protection of the geographical indication in the territory concerned; or










(b)


before the geographical indication is protected in its country of origin,




any measures adopted to implement Sub-Section C (Geographical Indications) shall not prejudice the eligibility for or the validity of the registration of a trademark, or the right to use a trademark, on the basis that such a trademark is identical with, or similar to, a geographical indication.


4.   The Parties shall have no obligation to protect a geographical indication pursuant to Sub-Section C (Geographical Indications) where, in the light of a reputed or well-known trademark, such protection is liable to mislead consumers as to the true identity of the product.



ARTICLE 10.22

General Rules


1.   The conditions for import, export and commercialisation of the products referred to in Sub-Section C (Geographical Indications) in the territory of a Party shall be governed by the domestic law of that Party.


2.   For agricultural products and foodstuffs, nothing in Sub-Section C (Geographical Indications) shall require a Party to prevent the continued and similar use by any of its nationals or domiciliaries of any geographical indication of the other Party in connection with goods or services, where those nationals or domiciliaries have used that geographical indication in a continuous manner with regard to the same or related goods or services in the territory of that Party either:






(a)


for at least ten years preceding 1st January 2004; or










(b)


in good faith preceding that date.






3.   In relation to the geographical indications to be listed in Annex 10-B, where prior use has been determined pursuant to:






(a)


the opposition proceedings during the domestic registration procedures; or










(b)


any legal proceedings,




such prior use shall be listed in Annex 10-B, in respect of the geographical indication in question, in accordance with:






(i)


the mechanism established in paragraph 3 of Article 10.17 (System of Protection of Geographical Indications), in the case of subparagraph 3(a); and










(ii)


the mechanism established in Article 10.18 (Amendment of List of Geographical Indications), in the case of subparagraph 3(b).






4.   Each Party may determine the practical conditions under which such prior use will be differentiated from the geographical indication in its territory, taking into account the need to ensure that consumers are not misled.


5.   Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its provisions in respect of a geographical indication of the other Party with respect to goods or services for which the relevant indication is identical to the term customary in common language as the common name for such goods or services in the territory of that Party.


6.   Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its provisions in respect of any name contained in a geographical indication of the other Party with respect to goods or services for which the name is identical to the term customary in common language as the common name for such goods or services in the territory of that Party.


7.   Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its provisions in respect of a geographical indication of the other Party with respect to products of the vine for which the relevant indication is identical to the customary name of a grape variety existing in the territory of that Party as of the date of entry into force of the WTO Agreement in that Party.


8.   Nothing in Sub-Section C (Geographical Indications) shall prevent a Party from protecting as a geographical indication, in accordance with its domestic law, a term that conflicts with the name of a plant variety or animal breed.


9.   A Party may provide that any request made under Sub-Section C (Geographical Indications) in connection with the use or registration of a trademark must be presented within five years after the adverse use of the protected indication has become generally known in that Party or within five years after the date of registration of the trademark in that Party, provided that the trademark has been published by that date, if the date of registration is earlier than the date on which the adverse use became generally known in that Party, and provided that the geographical indication is not used or registered in bad faith.


10.   Nothing in Sub-Section C (Geographical Indications) shall prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead the public.


11.   Nothing in Sub-Section C (Geographical Indications) shall oblige a Party to protect a geographical indication of the other Party which is not or has ceased to be protected in accordance with the domestic law of its country of origin. The Parties shall notify each other if a geographical indication ceases to be protected in its country of origin.



ARTICLE 10.23

Relation to Trade Committee

The Trade Committee established pursuant to Article 16.1 (Trade Committee) shall have the authority to:






(a)


adopt decisions regarding the listing in Annex 10-B referred to in paragraph 3 of Article 10.17 (System of Protection of Geographical Indications); and










(b)


amend Annex 10-B in accordance with Article 10.18 (Amendment of List of Geographical Indications).







SUB-SECTION D

DESIGNS


ARTICLE 10.24

Requirements for Protection of Registered Designs (53)



1.   The Parties shall provide for the protection of independently created designs that are new or original (54). This protection shall be provided by registration and shall confer exclusive rights upon their holders in accordance with the provisions of Sub-Section D (Designs) (55).


2.   Design protection shall not extend to designs dictated essentially by technical or functional considerations.


3.   A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality (56).



ARTICLE 10.25

Rights Conferred by Registration

The owner of a protected design shall have the right to prevent third parties who do not have the owner's consent from at least making, offering for sale, selling or importing articles that bear or embody a design which is a copy, or is substantially a copy, of the protected design, where such acts are undertaken for commercial purposes.


ARTICLE 10.26

Term of Protection

The available term of protection shall be at least ten years from the date of application.


ARTICLE 10.27

Exceptions

Each Party may provide limited exceptions to the protection of designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected designs, and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking into account the legitimate interests of third parties.


ARTICLE 10.28

Relationship to Copyright

Each Party shall offer the possibility that a design registered in the territory of a Party in accordance with Sub-Section D (Designs) is not completely precluded from enjoying protection under the domestic law of copyright of that Party. The extent to which, and the conditions under which, such protection is enjoyed shall be determined by that Party (57).



SUB-SECTION E

PATENTS


ARTICLE 10.29

International Agreements

The Parties recall the obligations under the Patent Cooperation Treaty (done at Washington on 19 June 1970, amended on 28 September 1979, and modified on 3 February 1984). The Parties shall, where appropriate, make all reasonable efforts to comply with Article 1 to Article 16 of the Patent Law Treaty, adopted in Geneva on 1 June 2000, in a manner consistent with their domestic law and procedures.


ARTICLE 10.30

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. In interpreting and implementing the rights and obligations under Sub-Section E (Patents) and Sub-Section F (Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put a Pharmaceutical Product on the Market), the Parties shall ensure consistency with this Declaration.


2.   Each Party shall respect the Decision of the WTO General Council of 30 August 2003 on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Decision of the WTO General Council of 6 December 2005 on Amendment of the TRIPS Agreement, adopting the Protocol Amending the TRIPS Agreement.



ARTICLE 10.31

Extension of the Duration of the Rights Conferred by a Patent

The Parties recognise that pharmaceutical products (58) protected by a patent in their respective territories may be subject to an administrative marketing approval process before being put on their respective markets. The Parties shall make available an extension of the duration of the rights conferred by the patent protection to compensate the patent owner for the reduction in the effective patent life as a result of the administrative marketing approval process (59). The extension of the duration of the rights conferred by the patent protection may not exceed five years (60).


ARTICLE 10.32

Cooperation

The Parties agree to cooperate on initiatives to facilitate:






(a)


the granting of patents on the basis of applications filed by applicants of a Party in the other Party; and










(b)


the qualification and recognition of patent agent professionals of a Party in the territory of the other Party.







SUB-SECTION F

PROTECTION OF TEST DATA


ARTICLE 10.33

Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put a Pharmaceutical Product on the Market

Where a Party requires the submission of test data or studies concerning the safety and efficacy of a pharmaceutical product prior to granting approval for the marketing of such product, that Party shall not, for a period of at least five years from the date of approval in that Party, permit third parties to market the same or a similar product on the basis of the marketing approval granted to the party which had provided the test data or studies, unless that party has given its consent (61) (62) (63).


ARTICLE 10.34

Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put an Agricultural Chemical Product (64) on the Market


1.   Where a Party requires the submission of test data or studies concerning the safety and efficacy of an agricultural chemical product prior to the granting of approval for the marketing of such product in that Party, the Party shall not, for a period of at least ten years from the date of approval, permit third parties to market the same or a similar product on the basis of the marketing approval granted to the party which had provided the test data or studies, unless that party has given its consent.


2.   Where a Party provides for measures or procedures to avoid duplicative testing on vertebrate animals with respect to agricultural chemical products, that Party may provide for the conditions and circumstances under which third parties may market the same or similar product on the basis of the marketing approval granted to the party which had provided the test data or studies.


3.   Where a Party requires the submission of test data or studies concerning the safety or efficacy of an agricultural chemical product prior to the granting of an approval for the marketing of such product, that Party shall endeavour to make best efforts to process the application expeditiously, with a view to avoiding unreasonable delays.




SUB-SECTION G

PLANT VARIETIES


ARTICLE 10.35

International Agreements

The Parties affirm their obligations under the International Convention for the Protection of New Varieties of Plants adopted in Paris on 2 December 1961, as last revised in Geneva on 19 March 1991, including their ability to implement the optional exception to the breeder's right, as referred to in paragraph 2 of Article 15 of that Convention.




SECTION C

CIVIL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS


ARTICLE 10.36

General Obligations


1.   The Parties affirm their commitments under Articles 41 to 50 of the TRIPS Agreement, and shall provide for the measures, procedures and remedies under their respective domestic law against acts of infringement of intellectual property rights covered by this Chapter, that are in compliance with such commitments.


2.   In particular, the measures, procedures and remedies referred to in paragraph 1, and provided for by each Party under its domestic law, shall:






(a)


take into account, as appropriate, the need for proportionality between the seriousness of the infringement and the interests of third parties;










(b)


be fair and equitable;










(c)


not be unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays; and










(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.






3.   Nothing in this Chapter shall affect the capacity of either Party to enforce its domestic law in general or create any obligation on either Party to amend its existing laws as they relate to the enforcement of intellectual property rights. Without prejudice to the foregoing general principles, nothing in this Chapter shall create any obligation on either Party:






(a)


to put in place a judicial system for the enforcement of intellectual property rights that is distinct from that for the enforcement of law in general; or










(b)


with respect to the distribution of resources as between the enforcement of intellectual property rights and the enforcement of law in general.







ARTICLE 10.37

Publication of Judicial Decisions

In civil judicial proceedings instituted for infringement of an intellectual property right, each Party shall take appropriate measures, pursuant to its domestic law and policies, to publish or make available to the public information on final judicial decisions. Nothing in this Article shall require a Party to disclose confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private. Each Party may provide for other additional publicity measures which are appropriate to the particular circumstances, including prominent advertising.


ARTICLE 10.38

Availability of Civil Measures, Procedures and Remedies


1.   Each Party shall make available, in its respective domestic law and to right holders, the civil measures, procedures and remedies referred to in Section C (Civil Enforcement of Intellectual Property Rights) for the intellectual property rights as defined in paragraph 2.


2.   For the purposes of Section C (Civil Enforcement of Intellectual Property Rights), the following terms have the following meanings:






(a)


‘right holders’ shall include exclusive licensees as well as federations and associations (65) having the legal standing to assert such rights; and










(b)


‘intellectual property rights’ means all categories of intellectual property that are the subject of Sections 1 to 6 of Part II of the TRIPS Agreement (66).







ARTICLE 10.39

Measures for Preserving Evidence


1.   Each Party shall provide that its judicial authorities have the authority to order prompt and effective provisional measures:






(a)


against a party or, where appropriate, a third party over whom the relevant judicial authority exercises jurisdiction, to prevent an infringement of any intellectual property right from occurring, and in particular to prevent goods that involve the infringement of an intellectual property right from entering into the channels of commerce; and










(b)


to preserve relevant evidence in regard to the alleged infringement.






2.   Each Party shall provide that its judicial authorities have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder or where there is a demonstrable risk of evidence being destroyed. In proceedings conducted inaudita altera parte, each Party shall provide its judicial authorities with the authority to act expeditiously on requests for provisional measures and to make a decision without undue delay.


3.   At least in cases of copyright or related rights infringement and in cases of trademark counterfeiting, each Party shall provide that in civil judicial proceedings, its judicial authorities, have the authority to order the seizure or taking into custody of suspect goods, of materials and implements relevant to the act of infringement, and, at least for trademark counterfeiting, of documentary evidence, either original or copies thereof, relevant to the infringement.


4.   Each Party shall provide that its authorities have the authority to require the applicant, with respect to provisional measures, to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant's right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to procedures for such provisional measures.


5.   Where the provisional measures are revoked, or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon the request of the defendant, to provide the defendant appropriate compensation for any injury caused by those measures.



ARTICLE 10.40

Evidence and Right of Information


1.   Without prejudice to each Party's domestic law governing privilege, the protection of confidentiality or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities have the authority, upon a justified request of the right holder, to order the infringer or, in the alternative, the alleged infringer, to provide, to the right holder or to the judicial authorities, at least for the purpose of collecting evidence, relevant information as provided for in its applicable laws and regulations that the infringer or alleged infringer possesses or controls.


2.   The relevant information referred to in paragraph 1 may include information regarding any person involved in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution.



ARTICLE 10.41

Other Remedies


1.   Each Party shall provide that, in civil judicial proceedings where a judicial decision is taken finding an infringement of a right holder's intellectual property right, its judicial authorities shall, upon application by the right holder, have the authority, at least with respect to pirated copyright goods and counterfeit trademark goods, to order:






(a)


that such infringing goods, without compensation of any sort, be:






(i)


destroyed, except in exceptional circumstances; or










(ii)


disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder; and














(b)


that materials and implements, the predominant use of which has been in the manufacture or creation of such infringing goods, shall be, without undue delay and without compensation of any sort, destroyed or disposed of outside the channels of commerce in such a manner as to minimise the risks of further infringements.






2.   In considering any application by a right holder, as referred to in paragraph 1, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account.


3.   The remedies under this Article may be carried out at the expense of the infringer.



ARTICLE 10.42

Injunctions

Each Party shall provide that, in civil judicial proceedings where a judicial decision is taken finding an infringement of a right holder's intellectual property right, its judicial authorities shall, upon application by the right holder, have the authority to issue against the infringer or, where appropriate, against a third party over whom the relevant judicial authority exercises jurisdiction, an injunction aimed at prohibiting the continuation of the infringement. Where provided for by the Party's domestic law, non-compliance with an injunction shall, where appropriate, be subject to a recurring penalty payment with a view to ensuring compliance.


ARTICLE 10.43

Alternative Measures

Each Party may provide in its domestic law that, in civil judicial proceedings where a judicial decision is taken finding an infringement of a right holder's intellectual property right, in appropriate cases and on application by the person liable to be subject to the measures provided for in Article 10.41 (Other Remedies) and/or Article 10.42 (Injunctions), its judicial authorities have the authority to order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in Article 10.41 (Other Remedies) and/or Article 10.42 (Injunctions), provided that the applicant acted unintentionally and without negligence, the execution of the measures in question would cause disproportionate harm to the applicant, and pecuniary compensation to the injured party appears reasonably satisfactory (67).


ARTICLE 10.44

Damages


1.   Each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities have the authority to order the infringer who, knowingly or with reasonable grounds to know, engaged in infringing activity to pay the right holder damages adequate to compensate for the injury the right holder has suffered as a result of the infringement.


2.   In determining the amount of damages for infringement of intellectual property rights, a Party's judicial authorities shall have the authority to consider, inter alia, any legitimate measure of value the right holder submits, which may include lost profits, the value of the infringed goods or services measured by the market price, or the suggested retail price (68). At least in cases of copyright or related rights infringement and trademark counterfeiting, each Party shall provide that its judicial authorities have the authority to order the infringer to pay the right holder the infringer's profits that are attributable to the infringement, whether as an alternative to or in addition to or as part of the damages.


3.   As an alternative to paragraph 2, each Party may provide that its judicial authorities have the authority, in appropriate cases, to 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 been due if the infringer had requested authorisation to use the intellectual property right in question.


4.   Nothing in this Article precludes either Party from providing that where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity, its judicial authorities may order the recovery of profits or the payment of damages which may be pre-established.



ARTICLE 10.45

Legal Costs

Each Party shall provide that its judicial authorities, where appropriate, have the authority to order, at the conclusion of civil judicial proceedings concerning infringement of intellectual property rights, that the prevailing party be awarded payment by the losing party of court costs or fees and appropriate attorney's fees, or any other expenses as provided for under that Party's domestic law.


ARTICLE 10.46

Presumptions Relating to Copyright and Related Rights

In civil proceedings involving copyright or related rights, each Party shall provide for a presumption that, at least with respect to a literary or artistic work, performance or phonogram, in the absence of proof to the contrary, the natural or legal person whose name appears on such work, performance or phonogram in the usual manner, is the right holder and is consequently entitled to institute infringement proceedings.


ARTICLE 10.47

Liability of Intermediary Service Providers


1.   Subject to paragraphs 2 to 6, each Party shall provide for exemptions or limitations in its domestic law regarding the liability of, or scope of remedies available against, service providers for infringements of copyright or related rights or trademarks that take place through systems or networks controlled or operated by them or on their behalf.


2.   The exemptions or limitations referred to in paragraph 1:






(a)


shall cover the functions of:






(i)


transmitting (69), or providing access for material without selection and/or modification of its content (70); and










(ii)


caching carried out through an automatic process (71); and














(b)


may also cover the functions of:






(i)


storage at the direction of a user of material residing on a system or network controlled or operated by or for the service provider; and










(ii)


referring or linking users to an online location by using information location tools, including hyperlinks and directories.










3.   Eligibility for the exemptions or limitations in this Article may not be conditioned on the service provider monitoring its service, or affirmatively seeking facts indicating infringing activity, except to the extent consistent with such technical measures.


4.   Each Party may prescribe in its domestic law, conditions for service providers to qualify for the exemptions or limitations in this Article. Without prejudice to paragraphs 1 to 3, each Party may establish appropriate procedures for effective notifications of claimed infringement and effective counter-notifications by those whose material is removed or disabled through mistake or misidentification.


5.   This Article is without prejudice to the availability of defences to the infringement of copyright or related rights, or trademarks, that are of general applicability. This Article shall not affect the possibility of the court or administrative authority of a Party, in accordance with its legal system, requiring the service provider to terminate or prevent an infringement.


6.   Either Party may request consultations with the other Party to consider how to address future functions of a nature similar to those addressed in this Article.




SECTION D

BORDER MEASURES


ARTICLE 10.48

Definitions

For the purposes of this Section:






(a)


‘counterfeit geographical indication goods’ means any goods, including packaging, bearing, without authorisation, a sign which is identical to the geographical indication validly registered in respect of such goods in the territory where the goods are, or which cannot be distinguished in its essential aspects from such a geographical indication and which thereby infringes the rights of the owner or holder of the geographical indication in question under the domestic law of the Party where the goods are;










(b)


‘counterfeit trademark goods’ means any goods, including packaging bearing, without authorisation, a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark and which thereby infringes the rights of the owner of the trademark in question under the domestic law of the Party where the goods are;










(c)


‘goods in transit’ means goods the passage of which across the territory of a Party, with or without transhipment, whether or not landed in the territory of the Party, warehousing, breaking bulk, or change in the mode of transport or conveyance, is only a portion of a complete journey beginning and terminating beyond the frontier of the Party across which territory the traffic passes;










(d)


‘pirated copyright goods’ means any goods which are copies made without the consent of the right holder or of a person duly authorised by the right holder in the country of production, and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the domestic law of the Party where the goods are; and










(e)


‘pirated design goods’ means any goods in respect of which the design is registered and to which that design or a design not substantially different from it has been applied without the consent of the right holder or of a person duly authorised by the right holder in the country of production, where the making of those goods would have constituted an infringement under the domestic law of the Party where the goods are.






ARTICLE 10.49

Scope of Border Measures


1.   Without prejudice to paragraph 3, each Party shall adopt or maintain procedures with respect to goods under customs control under which a right holder may request its competent authorities to suspend the release of suspect:






(a)


counterfeit trademark goods;










(b)


pirated copyright goods;










(c)


counterfeit geographical indication goods; and










(d)


pirated design goods.






2.   Each Party shall adopt or maintain procedures with respect to goods under customs control, under which its competent authorities may act upon their own initiative to suspend the release of suspect (72):






(a)


counterfeit trademark goods;










(b)


pirated copyright goods; and










(c)


counterfeit geographical indication goods.






3.   The Parties shall not have the obligation to provide for the procedures referred to in paragraphs 1 and 2 with regards to goods in transit. This is without prejudice to paragraph 2 of Article 10.51 (Cooperation).


4.   Singapore shall fully implement the obligations of paragraphs 1 and 2 ideally within two but no later than three years of the entry into force of this Agreement with regard to procedures with respect to:






(a)


counterfeit geographical indication goods; and










(b)


pirated design goods.







ARTICLE 10.50

Identification of Shipments

To facilitate the effective enforcement of intellectual property rights, the customs authorities shall adopt a range of approaches to identify shipments containing counterfeit trademark goods, pirated copyright goods, pirated design goods, and counterfeit geographical indication goods. These approaches include risk analysis techniques based, inter alia, on information provided by right holders, intelligence gathered and cargo inspections.


ARTICLE 10.51

Cooperation


1.   The Parties agree to cooperate with a view to eliminating international trade in goods that infringe intellectual property rights. For this purpose, they shall, in particular, exchange information and arrange for cooperation, to be mutually agreed between their customs authorities, with regard to trade in counterfeit trademark goods, pirated copyright goods, pirated design goods, or counterfeit geographical indication goods.


2.   For shipments of goods transiting or transhipped through the territory of a Party and destined for the territory of the other Party, which are suspected of being counterfeit or pirated, the Parties shall, upon their own initiative or upon the request of the other Party, provide available information to the other Party to enable effective enforcement against those shipments. The Parties may not provide information which is submitted confidentially by the shipper, shipping line or its agent.




SECTION E

COOPERATION


ARTICLE 10.52

Cooperation


1.   The Parties agree to cooperate with a view to supporting the implementation of the commitments and obligations undertaken under this Chapter. Areas of cooperation include, but are not limited to, the following activities:






(a)


exchange of information on legal frameworks concerning intellectual property rights, including implementation of intellectual property legislation and systems, aimed at promoting the efficient registration of intellectual property rights;










(b)


exchange, between respective authorities responsible for the enforcement of intellectual property rights, of their experiences and best practices concerning enforcement of intellectual property rights;










(c)


exchange of information and cooperation on public outreach and appropriate initiatives to promote awareness of the benefits of intellectual property rights and systems;










(d)


capacity-building and technical cooperation in relation, but not limited, to: management, licensing, valuation and exploitation of intellectual property rights; technology and market intelligence; facilitation of industry collaborations, including on intellectual property rights that may be applied towards environmental conservation or enhancement, which may include establishing a platform or database; and public private partnerships to support culture and innovation;










(e)


exchange of information and cooperation on intellectual property issues, where appropriate and relevant to developments in environmentally friendly technology; and










(f)


any other areas of cooperation or activities as may be discussed and agreed between the Parties.






2.   Without prejudice to paragraph 1, the Parties agree to designate a contact point for the purpose of maintaining dialogue including, where useful, convening meetings on intellectual property issues between their respective technical experts on matters covered by this Chapter.


3.   Cooperation under this Article shall be carried out subject to each Party's laws, rules, regulations, directives or policies. Cooperation shall also be on mutually agreed terms and conditions and be subject to the availability of resources of each Party.





CHAPTER ELEVEN

COMPETITION AND RELATED MATTERS


SECTION A

ANTI-COMPETITIVE CONDUCT AND MERGERS


ARTICLE 11.1

Principles


1.   The Parties recognise the importance of free and undistorted competition in their trade relations. They acknowledge that anti-competitive business conduct and anti-competitive transactions have the potential to distort the proper functioning of their markets and undermine the benefits of trade liberalisation.


2.   To promote free and undistorted competition in all sectors of their economy, each Party shall maintain in its respective territory comprehensive legislation which effectively addresses the following practices, where such practices affect trade between the Parties:






(a)


horizontal and vertical agreements (73) between undertakings, decisions by associations of undertakings, and concerted practices, which have as their object or effect the prevention, restriction or distortion of competition in the territory of either Party as a whole or in a substantial part thereof;










(b)


abuses by one or more undertakings of a dominant position in the territory of either Party as a whole or in a substantial part thereof; and










(c)


concentrations between undertakings which result in a substantial lessening of competition or which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position in the territory of either Party as a whole or in a substantial part thereof.







ARTICLE 11.2

Implementation


1.   Each Party shall maintain its autonomy in developing and enforcing its law. The Parties undertake, however, to maintain authorities that are responsible for, and appropriately equipped to effectively enforce the legislation referred to in paragraph 2 of Article 11.1 (Principles).


2.   The Parties will apply their respective legislation referred to in paragraph 2 of Article 11.1 (Principles) in a transparent and non-discriminatory manner, respecting the principles of procedural fairness and the rights of defence of the parties concerned, including the right of the parties concerned to be heard prior to the taking of a decision in a case.




SECTION B

PUBLIC UNDERTAKINGS, UNDERTAKINGS ENTRUSTED WITH SPECIAL OR EXCLUSIVE RIGHTS AND STATE MONOPOLIES


ARTICLE 11.3

Public Undertakings and Undertakings Entrusted with Special or Exclusive Rights


1.   Nothing in this Chapter prevents a Party from establishing or maintaining public undertakings, or entrusting undertakings with special or exclusive rights according to its respective law.


2.   Each Party shall ensure that public undertakings and undertakings that are entrusted with special or exclusive rights are subject to the legislation referred to in Section A (Anti-Competitive Conduct and Mergers), insofar as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them.


3.   Each Party shall ensure that undertakings entrusted with special or exclusive rights do not use those special or exclusive rights to engage either directly or indirectly, including through their dealings with their parents, subsidiaries, or other undertakings with common ownership, in anti-competitive practices in another market in respect of which such undertakings have no special or exclusive rights, that adversely affect investments, trade in goods or services of the other Party.


4.   Singapore shall ensure that any public undertaking and any undertaking entrusted with special or exclusive rights acts solely in accordance with commercial considerations in its purchase or sale of goods or services, such as with regard to price, quality, availability, marketability, transportation, and other terms and conditions of purchase or sale, and provides non-discriminatory treatment to establishments of the Union, to goods of the Union, and to service suppliers of the Union.



ARTICLE 11.4

State Monopolies

While nothing in this Chapter shall be construed to prevent a Party from designating or maintaining state monopolies, each Party shall adjust state monopolies of a commercial character to ensure no discrimination is exercised by such monopolies regarding the conditions under which goods and services are procured from and marketed to natural or legal persons of the other Party.



SECTION C

SUBSIDIES


ARTICLE 11.5

Definition and Scope


1.   For the purposes of this Agreement, a subsidy is a measure which fulfils the conditions set out in Article 1.1 of the SCM Agreement, mutatis mutandis, irrespective of whether the subsidy is granted in relation to the production of goods or of services (74).


2.   Subsidies shall be subject to this Chapter only if they are specific, within the meaning of Article 2 of the SCM Agreement. Any subsidy falling under Article 11.7 (Prohibited Subsidies) shall be deemed to be specific.


3.   Articles 11.7 (Prohibited Subsidies), 11.8 (Other Subsidies) and 11.10 (Review Clause) and Annex 11-A shall not apply to fisheries subsidies, subsidies related to products covered by Annex 1 of the Agreement on Agriculture and other subsidies covered by the Agreement on Agriculture.



ARTICLE 11.6

Relationship with the WTO

The provisions in this Section are without prejudice to the rights and obligations of a Party under the WTO Agreement, in particular to apply trade remedies or to engage in dispute settlement proceedings or other appropriate action against a subsidy granted by the other Party.


ARTICLE 11.7

Prohibited Subsidies


1.   With respect to subsidies related to trade in goods, the Parties affirm their rights and obligations under Article 3 of the SCM Agreement, which is hereby incorporated into and made part of this Agreement, mutatis mutandis.


2.   The following subsidies related to trade in goods and services shall be prohibited unless the subsidising Party upon the request of the other Party has demonstrated that the subsidy in question does not affect trade of the other Party nor will be likely to do so:






(a)


any legal arrangements whereby a government or any public body is responsible for covering debts or liabilities of certain undertakings without any limitation in law or in fact as to the amount of those debts and liabilities or the duration of such responsibility; and










(b)


any support to insolvent or ailing undertakings in whatever form (such as loans and guarantees, cash grants, capital injections, provision of assets below market prices, tax exemptions) without a credible restructuring plan, based on realistic assumptions, with a view to ensuring the return of the ailing undertaking to long-term viability within a reasonable time, and without the undertaking itself significantly contributing to the costs of restructuring (75).






3.   Subparagraphs 2(a) and 2(b) do not prevent a Party from providing subsidies to remedy a serious disturbance in its economy. A serious disturbance in the economy of a Party means an exceptional, temporary and significant crisis which affects the whole economy of the Party rather than a specific region or economic sector of that Party.


4.   Subparagraph 2(b) does not apply to subsidies granted as compensation for carrying out public service obligations nor to subsidies to the coal industry.



ARTICLE 11.8

Other Subsidies


1.   The Parties agree to use their best endeavours to apply their competition law or other laws to remedy or remove distortions of competition caused by other specific subsidies related to trade in goods and services which are not covered by Article 11.7 (Prohibited Subsidies), insofar as they affect or are likely to affect trade of either Party, and also to prevent the occurrence of such situations. Annex 11-A contains guidance in particular on the types of subsidies which do not produce these effects.


2.   The Parties agree to exchange information at the request of either Party and hold a first dialogue within two years of the entry into force of this Agreement with a view to developing rules applicable to other subsidies, taking into account developments at multilateral level. To that end, the Parties may take a decision in the Trade Committee.



ARTICLE 11.9

Transparency


1.   Each Party shall ensure transparency in the area of subsidies that relate to trade in goods or to the supply of services. To that end, each Party shall report every two years to the other Party on the legal basis, the form, and to the extent possible, the amount or budget, and the recipients of subsidies granted by its government or any public body.


2.   Such report shall be deemed to have been provided if the relevant information was made available by the Parties, or on their behalf, on a publicly accessible website by June of the second calendar year after the subsidies were granted.



ARTICLE 11.10

Review Clause

The Parties shall keep under constant review the matters to which reference is made in this Section. Each Party may refer such matters to the Trade Committee. The Parties agree to review progress in implementing this Section every two years after the entry into force of this Agreement, unless both Parties agree otherwise.



SECTION D

GENERAL MATTERS


ARTICLE 11.11

Cooperation and Coordination in Law Enforcement

The Parties recognise the importance of cooperation and coordination to further enhance effective law enforcement. Their respective authorities shall endeavour to coordinate and cooperate in the enforcement of their respective laws to fulfil the objective of this Agreement of free and undistorted competition in their trade relations.


ARTICLE 11.12

Confidentiality


1.   When a Party communicates information under this Agreement, that Party shall ensure the protection of business secrets and other confidential information.


2.   When a Party communicates information in confidence under this Agreement, the receiving Party shall, consistent with its laws and regulations, maintain the confidentiality of that communicated information.



ARTICLE 11.13

Consultation


1.   To foster mutual understanding between the Parties or to address specific matters that arise under Section A (Anti-Competitive Conduct and Mergers), Section B (Public Undertakings, Undertakings Entrusted with Special or Exclusive Rights and State Monopolies) or Section D (General Matters), each Party upon the request of the other Party, shall enter into consultations regarding representations made by the other Party. In its requests, the Party shall indicate, if relevant, how the matter affects trade between the Parties.


2.   The Parties shall promptly discuss, upon the request of a Party, any questions arising from the interpretation or application of Section A (Anti-Competitive Conduct and Mergers), Section B (Public Undertakings, Undertakings Entrusted with Special or Exclusive Rights and State Monopolies) or Section D (General Matters).


3.   To facilitate discussion of the matter that is the subject of the consultations, each Party shall endeavour to provide relevant non-confidential information to the other Party.



ARTICLE 11.14

Dispute Settlement and Mediation Mechanism

Neither Party may have recourse to Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation Mechanism) for any matter arising under this Chapter except for Article 11.7 (Prohibited Subsidies).




CHAPTER TWELVE

TRADE AND SUSTAINABLE DEVELOPMENT


SECTION A

INTRODUCTORY PROVISIONS


ARTICLE 12.1

Context and Objectives


1.   The Parties recall the Agenda 21 of the United Nations Conference on Environment and Development of 1992, the Preamble to the WTO Agreement, the Singapore Ministerial Declaration of the WTO of 1996, the Johannesburg Plan of Implementation on Sustainable Development of 2002, the Ministerial Declaration of the UN Economic and Social Council on Generating Full and Productive Employment and Decent Work for All of 2006, and the International Labour Organization (hereinafter referred to as ‘ILO’) Declaration on Social Justice for a Fair Globalization of 2008. In view of these instruments, the Parties reaffirm their commitment to developing and promoting international trade and their bilateral trade and economic relationship in such a way as to contribute to sustainable development.


2.   The Parties recognise that economic development, social development and environmental protection are interdependent and mutually reinforcing components of sustainable development. They underline the benefit of cooperation on trade-related social and environmental issues as part of a global approach to trade and sustainable development.


3.   The Parties recognise that it is inappropriate to encourage trade or investment by weakening or reducing the protections afforded by their domestic labour and environment law. At the same time, the Parties stress that environmental and labour standards should not be used for protectionist trade purposes.


4.   The Parties recognise that it is their aim to strengthen their trade relations and cooperation in ways that promote sustainable development in the context of paragraphs 1 and 2. In light of the specific circumstances of each Party, it is not their intention to harmonise the labour or environment standards of the Parties.



ARTICLE 12.2

Right to Regulate and Levels of Protection


1.   The Parties recognise the right of each Party to establish its own levels of environmental and labour protection, and to adopt or modify its relevant laws and policies accordingly, consistent with the principles of the internationally recognised standards or agreements to which it is party, referred to in Articles 12.3 (Multilateral Labour Standards and Agreements) and 12.6 (Multilateral Environmental Standards and Agreements).


2.   The Parties shall continue to improve those laws and policies, and shall strive towards providing and encouraging high levels of environmental and labour protection.




SECTION B

TRADE AND SUSTAINABLE DEVELOPMENT – LABOUR ASPECTS (76)



ARTICLE 12.3

Multilateral Labour Standards and Agreements


1.   The Parties recognise the value of international cooperation and agreements on employment and labour affairs as a response of the international community to economic, employment and social challenges and opportunities resulting from globalisation. They commit to consulting and cooperating as appropriate on trade-related labour and employment issues of mutual interest.


2.   The Parties affirm their commitments, under the Ministerial Declaration of the UN Economic and Social Council on Generating Full and Productive Employment and Decent Work for All of 2006, to recognising full and productive employment and decent work for all as a key element of sustainable development for all countries and as a priority objective of international cooperation. The Parties resolve to promote the development of international trade in a way that is conducive to full and productive employment and decent work for all.


3.   In accordance with the obligations assumed under the ILO and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up adopted by the International Labour Conference at its 86th Session in Geneva, June 1998, the Parties commit to respecting, promoting and effectively implementing the principles concerning the fundamental rights at work, namely:






(a)


the 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.




The Parties affirm the commitment to effectively implementing the ILO Conventions that Singapore and the Member States of the Union have ratified respectively.


4.   The Parties will make continued and sustained efforts towards ratifying and effectively implementing the fundamental ILO conventions, and they will exchange information in this regard. The Parties will also consider the ratification and effective implementation of other ILO conventions, taking into account domestic circumstances. The Parties will exchange information in this regard.


5.   The Parties recognise that the violation of fundamental principles and rights at work cannot be invoked or otherwise used as a legitimate comparative advantage.



ARTICLE 12.4

Labour Cooperation in the Context of Trade and Sustainable Development

The Parties recognise the importance of working together on trade-related aspects of labour policies in order to achieve the objectives of this Agreement. The Parties may initiate cooperative activities of mutual benefit in areas including, but not limited to:






(a)


cooperation in international fora addressing labour aspects of trade and sustainable development, including, but not limited to, the ILO and Asia-Europe Meeting;










(b)


the exchange of information and the sharing of best practices in areas such as labour law and practices, compliance and enforcement systems, labour dispute management, labour consultation, labour-management cooperation and occupational safety and health;










(c)


the exchange of views on the positive and negative impacts of this Agreement on labour aspects of sustainable development and on ways to enhance, prevent or mitigate those impacts, taking into account sustainability impact assessments carried out by either or both Parties;










(d)


the exchange of views on the promotion of the ratification of fundamental ILO Conventions and other conventions of mutual interest, as well as on the effective implementation of ratified conventions;










(e)


cooperation on 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, labour statistics, human resources development and lifelong learning, social protection and social inclusion, social dialogue and gender equality; and










(f)


the exchange of views on the trade impact of labour regulations, norms and standards.






ARTICLE 12.5

Scientific Information

Each Party, when preparing and implementing measures aimed at health and safety at work which may affect trade or investment between the Parties, shall take account of relevant scientific and technical information and related international standards, guidelines or recommendations, if available, including the precautionary principle as enshrined in such international standards, guidelines or recommendations.



SECTION C

TRADE AND SUSTAINABLE DEVELOPMENT – ENVIRONMENTAL ASPECTS


ARTICLE 12.6

Multilateral Environmental Standards and Agreements


1.   The Parties recognise the value of international environmental governance and agreements as a response of the international community to global or regional environmental problems, and they stress the need to enhance the mutual supportiveness between trade and environment policies, rules and measures. In this context, they will consult and cooperate as appropriate with respect to negotiations on trade-related environmental issues of mutual interest.


2.   The Parties shall effectively implement, in their respective laws, regulations or other measures and practices in their territories, the multilateral environmental agreements to which they are party (77).


3.   The Parties affirm their commitment to reaching the ultimate objective of the UN Framework Convention on Climate Change (hereinafter referred to as ‘UNFCCC’), and to effectively implementing the UNFCCC, its Kyoto Protocol, and the Paris Agreement of 12 December 2015 in a manner consistent with the principles and provisions of the UNFCCC. They commit to work together to strengthen the multilateral, rules-based regime under the UNFCCC building on the UNFCCC's agreed decisions, and to support efforts to develop a post-2020 international climate change agreement under the UNFCCC applicable to all parties.


4.   Nothing in this Agreement shall prevent a Party from adopting or maintaining measures to implement the multilateral environmental agreements to which they are party, provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade.



ARTICLE 12.7

Trade in Timber and Timber Products

The Parties recognise the importance of the global conservation and sustainable management of forests. To that end, the Parties undertake to:






(a)


exchange information on approaches to promote the trade in, and the consumption of, timber and timber products from legally and sustainably managed forests, and to promote the awareness of such approaches;










(b)


promote global forest law enforcement and governance and to address trade in illegally harvested timber and timber products through, for example, promoting the use of timber and timber products from legally and sustainably managed forests, including through verification and certification schemes;










(c)


cooperate to promote the effectiveness of measures or policies aimed at addressing the trade in illegally harvested timber and timber products; and










(d)


promote the effective use of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) with regard to timber species whose conservation status is considered at risk.






ARTICLE 12.8

Trade in Fish Products

The Parties recognise the importance of ensuring the conservation and management of fish stocks in a sustainable manner. To that end, the Parties undertake to:






(a)


comply with long-term conservation measures and sustainable exploitation of fish stocks as defined in the international instruments ratified by the respective Parties and to uphold the principles of the Food and Agriculture Organization of the UN (hereinafter referred to as ‘FAO’) and relevant UN instruments relating to these issues;










(b)


introduce and implement effective measures to combat illegal, unreported and unregulated (hereinafter referred to as ‘IUU’) fishing, including by cooperating with Regional Fisheries Managements Organisations and implementing their Catch Documentation or Certification Schemes for the export of fish and fish products, when required, and the Parties shall also facilitate the elimination of IUU products from trade flows and the exchange of information on IUU activities;










(c)


adopt effective monitoring and control measures to ensure compliance with conservation measures, such as appropriate Port State Measures; and










(d)


uphold the principles of the FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas and respect the relevant provisions of the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate IUU Fishing.






ARTICLE 12.9

Scientific Information

Each Party, when preparing and implementing measures aimed at environmental protection which may affect trade or investment between the Parties, shall take account of scientific evidence and relevant international standards, guidelines or recommendations, where available, and of the precautionary principle.


ARTICLE 12.10

Cooperation on Environmental Aspects in the Context of Trade and Sustainable Development

The Parties recognise the importance of working together on trade-related aspects of environmental policies in order to achieve the objectives of this Agreement. The Parties may initiate cooperative activities of mutual benefit in areas including, but not limited to:






(a)


the exchange of views on the positive and negative impacts of this Agreement on environmental aspects of sustainable development and ways to enhance, prevent or mitigate those impacts, taking into account sustainability impact assessments carried out by either or both Parties;










(b)


cooperation in international fora addressing environmental aspects of trade and sustainable development, including in particular in the WTO, under the United Nations Environment Programme and under multilateral environmental agreements;










(c)


cooperation with a view to promoting the ratification and effective implementation of multilateral environmental agreements with relevance to trade;










(d)


the exchange of information and cooperation on private and public certification and labelling schemes, including eco-labelling, and on green public procurement;










(e)


the exchange of views on the trade impact of environmental regulations, norms and standards;










(f)


cooperation on trade-related aspects of the current and future international climate change regime, including ways to address adverse effects of trade on climate, as well as means to promote low-carbon technologies and energy efficiency;










(g)


cooperation on trade related aspects of multilateral environmental agreements, including customs cooperation;










(h)


cooperation on sustainable forest management to encourage effective measures for certification of sustainably produced timber;










(i)


the exchange of views on the relationship between multilateral environmental agreements and international trade rules;










(j)


the exchange of views on the liberalisation of environmental goods and services; and










(k)


the exchange of views regarding conservation and management of the living marine resources.







SECTION D

GENERAL PROVISIONS


ARTICLE 12.11

Trade and Investment Promoting Sustainable Development


1.   The Parties resolve to make continuing special efforts to facilitate and promote trade and investment in environmental goods and services, including through addressing related non-tariff barriers. The Parties also recognise the usefulness of efforts to promote trade in goods that are the subject of voluntary or private sustainable development assurance schemes, such as eco-labelling, or fair and ethical trade.


2.   The Parties shall pay special attention to facilitating the removal of obstacles to trade or investment concerning climate-friendly goods and services, such as sustainable renewable energy goods and related services and energy efficient products and services, including through the adoption of policy frameworks conducive to the deployment of best available technologies and through the promotion of standards that respond to environmental and economic needs and minimise technical obstacles to trade.


3.   The Parties recognise the need to ensure that, when developing public support systems for fossils fuels, proper account is taken of the need to reduce greenhouse gas emissions and of the need to limit distortions of trade as much as possible. While subparagraph 2(b) of Article 11.7 (Prohibited Subsidies) does not apply to subsidies to the coal industry, the Parties share the goal of progressively reducing subsidies for fossil fuels. Such reductions may be accompanied by measures to alleviate the social consequences associated with the transition to low carbon fuels. In addition, both Parties will actively promote the development of a sustainable and safe low-carbon economy, such as through investment in renewable energies and energy efficient solutions.


4.   When promoting trade and investment, the Parties should make special efforts to promote corporate social responsibility practices which are adopted on a voluntary basis. In this regard, each Party shall refer to relevant internationally accepted principles, standards or guidelines to which it has agreed or acceded, such as the Organization for Economic Cooperation and Development Guidelines for Multinational Enterprises, the UN Global Compact, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. The Parties commit to exchanging information and cooperating on promoting corporate social responsibility.



ARTICLE 12.12

Upholding Levels of Protection


1.   A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its environmental and labour laws, in a manner affecting trade or investment between the Parties.


2.   A Party shall not fail to effectively enforce its environmental and labour laws, through a sustained or recurring course of action or inaction, where such failure to effectively enforce would affect trade or investment between the Parties.



ARTICLE 12.13

Transparency

Each Party shall ensure that where any measure of general application aimed at protecting the environment or labour conditions may affect trade and investment between the Parties, such measure is developed, introduced and administered in a transparent manner and with due notice and opportunities for interested persons to submit their views, in accordance with that Party's domestic law and with Chapter Thirteen (Transparency).


ARTICLE 12.14

Review of Impact on Sustainable Development


1.   The Parties undertake to jointly or independently monitor, assess and review the impact of the implementation of this Agreement on sustainable development through their relevant participative processes and institutions, in accordance with their existing practices.


2.   The Parties will exchange views on methodologies and indicators for trade sustainability impact assessments.



ARTICLE 12.15

Institutional Set up and Monitoring Mechanism


1.   Each Party shall designate an office within its administration that shall serve as contact point with the other Party for the purpose of implementing this Chapter.


2.   The Parties shall establish a Board on Trade and Sustainable Development (hereinafter referred to as the ‘Board’). The Board shall comprise senior officials from within the administration of each Party.


3.   The Board shall meet within the first two years after the date this Agreement enters into force and thereafter as necessary, to oversee the implementation of this Chapter.


4.   Each meeting of the Board shall include a public session with stakeholders to exchange views on issues related to the implementation of this Chapter. The Parties shall promote a balanced representation of relevant interests, including independent representative organisations of employers, workers, environmental interests and business groups, as well as other relevant stakeholders as appropriate.


5.   Each Party shall establish new consultative mechanisms or make use of existing consultative mechanisms to seek advice from relevant domestic stakeholders on the implementation of this Chapter, such as domestic advisory groups. Such mechanisms shall include balanced representation of independent economic, social and environmental stakeholders. These stakeholders include employers' and workers' organisations, and non-governmental organisations. These stakeholders may, on their own initiative, submit views or recommendations to their respective Parties on the implementation of this Chapter.



ARTICLE 12.16

Government Consultations


1.   In case of disagreement on any matter arising under this Chapter, the Parties shall only have recourse to the procedures provided for in Article 12.16 (Government Consultations) and Article 12.17 (Panel of Experts). Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation Mechanism) do not apply to this Chapter.


2.   In case of any disagreement referred to in paragraph 1, a Party may request consultations with the other Party by delivering a written request to the contact point of the other Party. Consultations shall commence promptly after a Party has delivered a request for consultations.


3.   The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter. The Parties shall take into account the activities of the ILO or relevant multilateral environmental organisations or bodies so as to promote greater cooperation and coherence between the work of the Parties and these organisations. Where relevant, the Parties, subject to mutual agreement, may seek the views of these organisations or bodies, or of any person or body the Parties deem appropriate, in order to fully examine the matter.


4.   If a Party considers that the matter needs further discussion that Party may request that the Board be convened to consider the matter by delivering a written request to the contact point of the other Party. The Board shall convene promptly and endeavour to agree on a resolution of the matter.


5.   Where appropriate, the Board may consult relevant stakeholders.


6.   Any resolution reached by the Board on the matter shall be made public unless it otherwise decides.



ARTICLE 12.17

Panel of Experts


1.   For any matter that has not been satisfactorily addressed by the Board within 120 days from the delivery of a request for the Board to convene to consider that matter pursuant to paragraph 4 of Article 12.16 (Government Consultations), or within a longer period as agreed by both Parties, a Party may request, by delivering a written request to the contact point of the other Party, that a Panel of Experts be established to examine that matter.


2.   At its first meeting after the entry into force of this Agreement, the Board shall establish the rules of procedure of the Panel of Experts, taking reference from the relevant Rules of Procedure in Annex 14-A. The principles in Annex 14-B shall apply to this Article.


3.   At its first meeting after the entry into force of this Agreement, the Board shall establish a list of at least twelve individuals who are willing and able to serve on the Panel of Experts. This list shall be composed of three sub-lists: one sub-list for each Party and one sub-list of individuals who are not nationals of either Party and who shall act as Chairpersons of the Panel of Experts. Each Party shall propose at least four individuals to serve as experts on its own sub-list. Each Party shall also propose at least two individuals to serve on the sub-list of Chairpersons with the agreement of both Parties. At its meetings, the Board will review the list and ensure that it is maintained at least at the level of twelve individuals.


4.   The list referred to in paragraph 3 shall comprise individuals with specialised knowledge or expertise regarding the issues addressed in this Chapter, regarding labour or environmental law, or regarding the resolution of disputes arising under international agreements. Those individuals shall be independent, shall serve in their individual capacities, and shall neither take instructions from any organisation or government with regard to issues related to the matter at stake nor be affiliated with the government of Singapore, the government of any Member State of the Union, or the Union.


5.   A Panel of Experts shall be composed of three members, unless the Parties agree otherwise. Within 30 days of the date of receipt by the responding Party of the request for the establishment of a Panel of Experts, the Parties shall consult each other in order to reach an agreement on its composition. In the event that the Parties are unable to agree on the composition of the Panel of Experts within this time-frame, they shall select the chairperson from the relevant sub-list referred to in paragraph 3 by mutual agreement or, in case they cannot agree within another seven days, by lot. Each Party shall select one expert who satisfies the requirements of paragraph 4 within 44 days of the date of receipt by the responding Party of the request for the establishment of a Panel of Experts. The Parties may agree on the selection of any other expert who satisfies the requirements of paragraph 4 to sit on the Panel of Experts. In the event that the composition of the Panel of Experts has not been completed within 44 days from the date of receipt by the responding Party of the request for the establishment of a Panel of Experts, the remaining expert(s) shall be selected within seven days by lot from among the individuals on the sub-list(s) referred to in paragraph 3 that was proposed by the Party or Parties that had not completed the procedure. In the event that such list has not yet been established, the experts shall be selected by lot from the individuals who have been formally proposed by one or both of the Parties. The date of establishment of the Panel of Experts shall be the date on which the last of the three experts is selected.


6.   Unless the Parties agree otherwise within seven days from the date of establishment of the Panel of Experts, the terms of reference of the Panel of Experts shall be:


                           ‘To examine, in the light of the relevant provisions of the Trade and Sustainable Development Chapter, the matter referred to in the request for the establishment of the Panel of Experts, and to issue a report, in accordance with paragraph 8 of Article 12.17 (Panel of Experts), making recommendations for the solution of the matter’.



7.   The Panel of Experts may obtain information from any source it deems appropriate. In matters related to the respect of multilateral agreements as set out in Articles 12.3 (Multilateral Labour Standards and Agreements) and 12.6 (Multilateral Environmental Standards and Agreements), the Panel of Experts should seek information and advice from the ILO or Multilateral Environmental Agreement bodies. Any information obtained under this paragraph shall be disclosed to both Parties and submitted to them for their comments.


8.   The Panel of Experts shall issue an interim and a final report to the Parties. These reports shall set out the findings of facts, the applicability of the relevant provisions, and the basic rationale behind any findings and recommendations. The Panel of Experts shall issue the interim report to the Parties not later than 90 days from its date of establishment. Any Party may submit written comments on the interim report to the Panel of Experts. After considering any such written comments, the Panel of Experts may modify the report and make any further examination it considers appropriate. The Panel of Experts shall issue the final report to the Parties no later than 150 days from its date of establishment. Where it considers that the deadlines set in this paragraph 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 issue its interim or final report. The Panel of Experts shall issue the final report no later than 180 days after the date of its establishment, unless the Parties agree otherwise. This final report shall be made publicly available unless the Parties decide otherwise.


9.   The Parties shall discuss the appropriate measures to be implemented, taking into account the report and recommendations of the Panel of Experts. The Party concerned shall inform its stakeholders, through the consultative mechanisms referred to in paragraph 5 of Article 12.15 (Institutional Set Up and Monitoring Mechanism), and the other Party, of its decisions on any actions or measures to be implemented, no later than three months after the report has been submitted to the Parties. The follow-up to the report and the recommendations of the Panel of Experts shall be monitored by the Board. Stakeholders may submit observations to the Board in this regard.





CHAPTER THIRTEEN

TRANSPARENCY


ARTICLE 13.1

Definitions

For the purposes of this Chapter:






(a)


‘measure of general application’ means laws, regulations, judicial decisions, procedures and administrative rulings that may have an impact on any matter covered by this Agreement but does not include a ruling that applies to a particular person; and










(b)


‘interested person’ means any natural or legal person that may be subject to any rights or obligations under measures of general application.






ARTICLE 13.2

Objectives and Scope


1.   Recognising the impact which their respective regulatory environments may have on trade and investment between them, the Parties shall pursue a transparent and predictable regulatory environment for economic operators, including small and medium-sized enterprises, that do business in their territories.


2.   The Parties, affirming their respective commitments under the WTO Agreement, hereby lay down clarifications and improved arrangements for transparency, consultation, and the better administration of measures of general application.



ARTICLE 13.3

Publication regarding Measures of General Application


1.   Each Party shall ensure that in respect of measures of general application:






(a)


such measures are readily available to interested persons, in a non-discriminatory manner, via an officially designated medium and, where feasible and possible, via electronic means, in such a manner as to enable interested persons and the other Party to become acquainted with them;










(b)


an explanation of the objective of, and rationale for, such measures shall be provided to the extent possible; and










(c)


there shall be sufficient time between the publication and entry into force of such measures, except where not possible for reasons of urgency.






2.   Each Party shall:






(a)


endeavour to publish in advance any proposal to adopt or to amend any measure of general application, including an explanation of the objective of and rationale for the proposal;










(b)


provide reasonable opportunities for interested persons to comment on such proposed measures, allowing, in particular, for sufficient time for such opportunities; and










(c)


endeavour to take into account the comments received from interested persons with respect to such proposed measures.







ARTICLE 13.4

Enquiries and Contact Points


1.   In order to facilitate the effective implementation of this Agreement, and to facilitate communication between the Parties on any matter covered by this Agreement, each Party shall designate a contact point upon the entry into force of this Agreement.


2.   Upon the request of a Party, the contact point of the other Party shall indicate the office or the official responsible for any particular matter that pertains to the implementation of this Agreement and assist, as necessary, in facilitating communication with the requesting Party.


3.   Each Party shall establish or maintain appropriate mechanisms for responding to enquiries from any interested person of the other Party regarding any measures of general application which are proposed or in force, and their application. Enquiries may be addressed through the contact points established under paragraph 1 or any other mechanism, as appropriate.


4.   The Parties recognise that any response provided for in paragraph 3 may not be definitive or legally binding but for information purposes only, unless otherwise provided for in their laws and regulations.


5.   Requests or information under this Article shall be conveyed to the other Party through the relevant contact points provided for in paragraph 1.


6.   Upon the request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure of general application that the requesting Party considers might affect the operation of this Agreement, regardless of whether the requesting Party has previously been notified of that measure.


7.   Each Party shall establish or maintain appropriate mechanism with the task of seeking to effectively resolve problems for interested persons of the other Party that may arise from the application of any measure of general application. Such processes should be easily accessible, time-bound, result-oriented and transparent. They shall be without prejudice to any appeal or review procedures which the Parties establish or maintain. They shall also be without prejudice to the Parties' rights and obligations under Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation Mechanism).


8.   Any information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.



ARTICLE 13.5

Administrative Proceedings

With a view to administering in a consistent, impartial and reasonable manner all measures of general application, each Party, in applying such measures to particular persons, goods or services of the other Party in specific cases, shall:






(a)


when proceedings are initiated, endeavour to provide reasonable notice in accordance with its procedures to interested persons of the other Party who are directly affected by such proceedings, 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;










(b)


afford such interested persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, insofar as permitted by time, the nature of the proceedings and the public interest; and










(c)


ensure that its procedures are based on and in accordance with its law.






ARTICLE 13.6

Review of Administrative Actions


1.   Each Party shall, subject to its domestic law, establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purposes of the prompt review and, where warranted, the correction of administrative actions (78) relating to matters covered by this Agreement. Such tribunals shall be impartial and shall be independent of the office or authority entrusted with administrative enforcement, and shall not have any substantial interest in the outcome of the matter.


2.   Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceedings have the right to:






(a)


a reasonable opportunity to support or defend their respective positions; and










(b)


a decision that was based on the evidence and submissions of record or, where required by law of the Party, based on the record compiled by the administrative authority.






3.   Each Party shall ensure, subject to appeal or further review as provided for under the law of that Party, that the decision referred to in paragraph 2 shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.



ARTICLE 13.7

Regulatory Quality and Performance and Good Administrative Behaviour


1.   The Parties agree to cooperate in promoting regulatory quality and performance in their respective regulatory policies through the exchange of information and best practices.


2.   The Parties subscribe to the principles of good administrative behaviour, and agree to cooperate in promoting it in their respective administrations through the exchange of information and best practices.



ARTICLE 13.8

Specific Rules

Specific rules in other Chapters of this Agreement regarding the subject matter of this Chapter shall prevail to the extent that they differ from the provisions of this Chapter.



CHAPTER FOURTEEN

DISPUTE SETTLEMENT


SECTION A

OBJECTIVE AND SCOPE


ARTICLE 14.1

Objective

The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling disputes between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually acceptable solution.


ARTICLE 14.2

Scope

This Chapter applies to any dispute between the Parties concerning the interpretation and application of the provisions of this Agreement, except as otherwise expressly provided.



SECTION B

CONSULTATIONS


ARTICLE 14.3

Consultations


1.   The Parties shall endeavour to resolve any dispute concerning the interpretation and application of the provisions referred to in Article 14.2 (Scope) by entering into consultations in good faith with the aim of reaching a mutually agreed solution.


2.   A Party shall seek consultations by means of a written request to the other Party, copied to the Trade Committee, which shall give the reasons for requesting consultations, including the identification of the measures at issue, the applicable provisions referred to in Article 14.2 (Scope), and the reasons for considering the measures as incompatible with such provisions.


3.   Consultations shall be held within 30 days of the date of receipt of the request and, unless the Parties agree otherwise, shall take place on the territory of the Party complained against. The consultations shall be deemed to be concluded within 60 days of the date of receipt of the request, unless the Parties agree otherwise. Consultations shall be confidential, and shall be without prejudice to the rights of either Party in any further proceedings.


4.   Consultations on matters of urgency, including those regarding perishable goods and, where appropriate, seasonal goods or services, shall be held within 15 days of the date of receipt of the request, and shall be deemed concluded within 30 days of the date of receipt of the request, unless the Parties agree otherwise.


5.   If the Party to which the request is made does not respond to the request for consultations within ten days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if consultations have been concluded and no mutually agreed solution has been reached, the complaining Party may request the establishment of an arbitration panel in accordance with Article 14.4 (Initiation of Arbitration Procedure).




SECTION C

DISPUTE SETTLEMENT PROCEDURES


SUB-SECTION A

ARBITRATION PROCEDURES


ARTICLE 14.4

Initiation of Arbitration Procedure


1.   Where the Parties have failed to resolve a dispute by recourse to consultations as provided for in Article 14.3 (Consultations), the complaining Party may request the establishment of an arbitration panel in accordance with this Article.


2.   The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and to the Trade Committee. The complaining Party shall identify in its request the specific measure at issue, and it shall explain how such measure constitutes a breach of the provisions referred to in Article 14.2 (Scope) in a manner sufficient to clearly present the legal basis for the complaint.



ARTICLE 14.5

Establishment of the Arbitration Panel


1.   An arbitration panel shall be composed of three arbitrators.


2.   Within five days of the date of receipt of the request referred to in paragraph 1 of Article 14.4 (Initiation of Arbitration Procedure) by the Party complained against, the Parties shall enter into consultations in order to agree on the composition of the arbitration panel.


3.   In the event that the Parties are unable to agree on the choice of chairperson of the arbitration panel within ten days of entering into the consultations referred to in paragraph 2, within 20 days of entering into consultations referred to in paragraph 2, the chairperson of the Trade Committee or the chairperson's delegate shall select one arbitrator who will serve as a chairperson by lot from the list referred to under paragraph 1 of Article 14.20 (Lists of Arbitrators).


4.   In the event that the Parties are unable to agree on the arbitrators within ten days of entering into the consultations referred to in paragraph 2:






(a)


each Party may select one arbitrator, who will not act as a chairperson, from the individuals on the list established under paragraph 2 of Article 14.20 (Lists of Arbitrators), within 15 days of entering into the consultations referred to in paragraph 2; and










(b)


if either Party fails to select an arbitrator under subparagraph 4(a), the chairperson of the Trade Committee or the chairperson's delegate shall select any remaining arbitrator by lot from among the individuals proposed by that Party pursuant to paragraph 2 of Article 14.20 (Lists of Arbitrators), within 20 days of entering into consultations referred to in paragraph 2.






5.   Should the list provided for in paragraph 2 of Article 14.20 (Lists of Arbitrators) not be established at the time required pursuant to paragraph 4:






(a)


where both Parties have proposed individuals pursuant to paragraph 2 of Article 14.20 (Lists of Arbitrators), each Party may select one arbitrator, who will not act as a chairperson, from among the individuals proposed, within 15 days of entering into the consultations referred to in paragraph 2. If a Party fails to select an arbitrator, the chairperson of the Trade Committee or the chairperson's delegate shall select the arbitrator by lot from among the individuals proposed by the Party which failed to select its arbitrator; or










(b)


where only one Party has proposed individuals pursuant to paragraph 2 of Article 14.20 (Lists of Arbitrators), each Party may select one arbitrator, who will not act as a chairperson, from among the individuals proposed, within 15 days of entering into the consultations referred to in paragraph 2. If a Party fails to select an arbitrator, the chairperson of the Trade Committee or the chairperson's delegate shall select the arbitrator by lot from among the individuals proposed.






6.   Should the list provided for in paragraph 1 of Article 14.20 (Lists of Arbitrators) not be established at the time required for the purposes of paragraph 3, the chairperson shall be selected by lot from among former Members of the WTO Appellate Body, none of whom shall be natural persons of a Party.


7.   The date of establishment of the arbitration panel shall be the date on which the last of the three arbitrators is selected.


8.   The replacement of arbitrators shall take place only for the reasons detailed in Rules 19 to 25 of Annex 14-A and in accordance with the procedures thereunder.



ARTICLE 14.6

Preliminary Ruling on Urgency

If a Party so requests, the arbitration panel shall give a preliminary ruling within ten days of its establishment on whether it deems the case to be urgent.


ARTICLE 14.7

Interim Panel Report


1.   The arbitration panel shall issue an interim report to the Parties setting out the findings of fact, the applicability of relevant provisions of this Agreement, and the basic rationale behind any findings and recommendations, not later than 90 days from the date of establishment of the arbitration panel. Where the arbitration panel considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the Trade Committee in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its interim report. Under no circumstances should the arbitration panel issue its interim report later than 120 days after the date of its establishment.


2.   Any Party may submit a written request for the arbitration panel to review specific aspects of the interim report within 30 days of its notification.


3.   In cases of urgency, including those involving perishable goods or, where appropriate, seasonal goods or services, the arbitration panel shall make every effort to issue its interim report within half of the period allowed under paragraph 1, and any Party may submit a written request for the arbitration panel to review specific aspects of the interim report within 15 days of its notification.


4.   After considering any written comments by the Parties on the interim report, the arbitration panel may modify its report and make any further examination it considers appropriate. The findings of the final ruling of the arbitration panel shall include a sufficient discussion of the arguments made at the interim review stage, and shall clearly address the written comments of the two Parties.



ARTICLE 14.8

Arbitration Panel Ruling


1.   The arbitration panel shall issue its ruling to the Parties and to the Trade Committee within 150 days from the date of the establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties and the Trade Committee in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its ruling. Under no circumstances should the arbitration panel issue its ruling later than 180 days after the date of its establishment.


2.   In cases of urgency, including those involving perishable goods or, where appropriate, seasonal goods or services, the arbitration panel shall make every effort to issue its ruling within 75 days of the date of its establishment. Under no circumstances should the arbitration panel issue its ruling later than 90 days after the date of its establishment.




SUB-SECTION B

COMPLIANCE


ARTICLE 14.9

Compliance with the Arbitration Panel Ruling

Each Party shall take any measure necessary to comply in good faith with the ruling of the arbitration panel, and the Parties shall endeavour to agree on the period of time to comply with the ruling.


ARTICLE 14.10

Reasonable Period of Time for Compliance


1.   No later than 30 days after the receipt of the notification of the ruling of the arbitration panel to the Parties, the Party against which the complaint was made shall notify the complaining Party and the Trade Committee of the time it will require to comply with the ruling of the arbitration panel (hereinafter referred to as ‘reasonable period of time’), if immediate compliance is not possible.


2.   If there is disagreement between the Parties on the reasonable period of time for compliance with the ruling of the arbitration panel, within 20 days of the receipt of the notification made under paragraph 1 by the Party complained against, the complaining Party shall request in writing that the original arbitration panel determine the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the Trade Committee. The original arbitration panel shall issue its ruling to the Parties, and shall notify the Trade Committee thereof, within 20 days of the date of the submission of the request.


3.   In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 14.5 (Establishment of the Arbitration Panel) shall apply. The time limit for issuing the ruling shall be 35 days from the date of the submission of the request referred to in paragraph 2.


4.   The Party against which the complaint was made shall inform the complaining Party in writing of its progress in complying with the ruling of the arbitration panel at least one month before the expiry of the reasonable period of time.


5.   The reasonable period of time may be extended by mutual agreement of the Parties.



ARTICLE 14.11

Review of Any Measure Taken to Comply with the Arbitration Panel Ruling


1.   The Party complained against shall notify the complaining Party and the Trade Committee, before the end of the reasonable period of time, of any measures that it has taken to comply with the ruling of the arbitration panel.


2.   In the event that there is disagreement between the Parties concerning the existence of any measures notified under paragraph 1 or the consistency of such measures with the provisions referred to in Article 14.2 (Scope), the complaining Party may request in writing that the original arbitration panel rule on the matter. Such request shall identify the specific measure at issue and the provisions referred to in Article 14.2 (Scope) with which it considers that measure to be inconsistent, in a manner sufficient to present the legal basis for the complaint clearly. Such request shall also explain how the measure in question is inconsistent with the provisions referred to in Article 14.2 (Scope). The original arbitration panel shall notify its ruling within 45 days of the date of the submission of the request.


3.   In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 14.5 (Establishment of the Arbitration Panel) shall apply. The time limit for issuing the ruling shall be 60 days from the date of the submission of the request referred to in paragraph 2.



ARTICLE 14.12

Temporary Remedies in Case of Non-compliance


1.   If the Party complained against fails to notify any measure taken to comply with the ruling of the arbitration panel before the expiry of the reasonable period of time, or if the arbitration panel rules that no such measures were taken or that the measure notified under paragraph 1 of Article 14.11 (Review of Any Measure Taken to Comply with the Arbitration Panel Ruling) is inconsistent with that Party's obligations under the provisions referred to in Article 14.2 (Scope), the Party against which the complaint was made shall enter into negotiations with the complaining Party with a view to reaching a mutually acceptable agreement on compensation.


2.   If no agreement on compensation is reached within 30 days of the end of the reasonable period of time or within 30 days of the issuance of the ruling of the arbitration panel under Article 14.11 (Review of Any Measure Taken to Comply with the Arbitration Panel Ruling) that no measures were taken to comply with the ruling of the arbitration panel or that a measure taken to comply with that ruling is inconsistent with the provisions referred to in Article 14.2 (Scope), the complaining Party shall be entitled, upon notification to the other Party and to the Trade Committee, to suspend obligations arising from any provision referred to in Article 14.2 (Scope) at a level equivalent to the nullification or impairment caused by the violation. The notification shall specify the level of obligations that the complaining Party intends to suspend. The complaining Party may implement the suspension at any moment after the expiry of ten days after the date of receipt of the notification by the Party complained against, unless the Party complained against has requested arbitration under paragraph 3.


3.   If the Party complained against considers that the level of suspension is not equivalent to the nullification or impairment caused by the violation, it may request in writing that the original arbitration panel rule on the matter. Such request shall be notified to the complaining Party and to the Trade Committee before the expiry of the ten-day period referred to in paragraph 2. The original arbitration panel, having sought, if appropriate, the opinion of experts, shall notify its ruling on the level of the suspension of obligations to the Parties and to the Trade Committee within 30 days of the date of the submission of the request. Obligations shall not be suspended until the original arbitration panel has notified its ruling, and any suspension shall be consistent with the ruling of the arbitration panel.


4.   In the event that any member of the original arbitration panel is no longer available, the procedures laid down in Article 14.5 (Establishment of the Arbitration Panel) shall apply. The period for issuing the ruling shall be 45 days from the date of the submission of the request referred to in paragraph 3.


5.   The suspension of obligations shall be temporary and shall not be applied after:






(a)


the Parties have reached a mutually agreed solution pursuant to Article 14.15 (Mutually Agreed Solution); or










(b)


the Parties have reached an agreement on whether the measure notified under paragraph 1 of Article 14.13 (Review of Any Measure Taken to Comply After the Suspension of Obligations) brings the Party complained against into conformity with the provisions referred to in Article 14.2 (Scope); or










(c)


any measure found to be inconsistent with the provisions referred to in Article 14.2 (Scope) has been withdrawn or amended so as to bring it into conformity with those provisions, as ruled under paragraph 2 of Article 14.13 (Review of Any Measure Taken to Comply After the Suspension of Obligations).







ARTICLE 14.13

Review of Any Measure Taken to Comply After the Suspension of Obligations


1.   The Party complained against shall notify the complaining Party and the Trade Committee of any measure it has taken to comply with the ruling of the arbitration panel and of its request for the termination of the suspension of obligations applied by the complaining Party.


2.   If the Parties do not reach an agreement on whether the notified measure brings the Party complained against into conformity with the provisions referred to in Article 14.2 (Scope) within 30 days of the date of receipt of the notification, the complaining Party shall request in writing that the original arbitration panel rule on the matter. Such request shall be notified simultaneously to the other Party and the Trade Committee. The ruling of the arbitration panel shall be notified to the Parties and the Trade Committee within 45 days of the date of the submission of the request. If the arbitration panel rules that any measure taken to comply is in conformity with the provisions referred to in Article 14.2 (Scope), the suspension of obligations shall be terminated.




SUB-SECTION C

COMMON PROVISIONS


ARTICLE 14.14

Suspension and Termination of Arbitration Procedures


1.   The arbitration panel shall, at the written request of both Parties, suspend its work at any time for a period agreed by the Parties, which shall not exceed twelve months. The arbitration panel shall resume its work at the end of this agreed period at the written request of the complaining Party, or before the end of this agreed period at the written request of both Parties. If the complaining Party does not request the resumption of the arbitration panel's work before the expiry of the agreed period, the dispute settlement procedures initiated pursuant to this Section shall be deemed terminated. Subject to Article 14.21 (Relation with WTO Obligations), the suspension and termination of the arbitration panel's work are without prejudice to the rights of either Party in other proceedings.


2.   At any time, the Parties may agree in writing to terminate the dispute settlement procedures initiated pursuant to this Section.



ARTICLE 14.15

Mutually Agreed Solution

The Parties may reach a mutually agreed solution to a dispute under this Chapter at any time. They shall notify the Trade Committee and the arbitration panel, if any, of such solution. If the solution requires approval pursuant to the relevant domestic procedures of either Party, the notification shall refer to this requirement, and the dispute settlement procedure initiated pursuant to this Section shall be suspended. The procedure shall be terminated if such approval is not required or upon notification of the completion of any such domestic procedures.


ARTICLE 14.16

Rules of Procedure


1.   Dispute settlement procedures under this Chapter shall be governed by Annex 14-A.


2.   Any meetings of the arbitration panel shall be open to the public in accordance with Annex 14-A.



ARTICLE 14.17

Submission of Information


1.   At the request of a Party, or upon its own initiative, the arbitration panel may obtain information from any source it deems appropriate for the arbitration panel proceedings, including from the Parties involved in the dispute. The arbitration panel also has the right to seek the relevant opinions of experts as it deems appropriate. The arbitration panel shall consult the Parties before choosing such experts. Any information obtained in this manner must be disclosed to the Parties and submitted for their comments.


2.   Interested natural and legal persons of the Parties are authorised to submit amicus curiae briefs to the arbitration panel in accordance with Annex 14-A.



ARTICLE 14.18

Rules of Interpretation

The arbitration panel shall interpret the provisions referred to in Article 14.2 (Scope) in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties. Where an obligation under this Agreement is identical to an obligation under the WTO Agreement, the arbitration panel shall take into account any relevant interpretation established in rulings of the WTO Dispute Settlement Body (hereinafter referred to as the ‘DSB’). The rulings of the arbitration panel shall not add to or diminish the rights and obligations provided in the provisions referred to in Article 14.2 (Scope).


ARTICLE 14.19

Arbitration Panel Decisions and Rulings


1.   The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be reached by consensus, the matter at issue shall be decided by majority vote.


2.   Any ruling of the arbitration panel shall be binding on the Parties and shall not create any rights or obligations to physical or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions referred to in Article 14.2 (Scope), and the rationale behind any findings and conclusions that it makes. The Trade Committee shall make the ruling of the arbitration panel publicly available in its entirety, unless it decides not to do so in order to ensure the confidentiality of any information designated by either Party as confidential.





SECTION D

GENERAL PROVISIONS


ARTICLE 14.20

Lists of Arbitrators


1.   Upon the entry into force of this Agreement, the Parties shall establish a list of five individuals who are willing and able to serve as the chairperson of an arbitration panel referred to in Article 14.5 (Establishment of the Arbitration Panel).


2.   No later than six months after the entry into force of this Agreement, the Trade Committee shall establish a list of at least ten individuals who are willing and able to serve as arbitrators. Upon the entry into force of this Agreement, each Party shall propose at least five individuals to serve as arbitrators.


3.   The Trade Committee will ensure that the list of individuals to serve as chairpersons or arbitrators, established pursuant to paragraphs 1 and 2 respectively, are maintained.


4.   Arbitrators shall have specialised knowledge of or experience in law and international trade or in the settlement of disputes arising under international trade agreements. They shall be independent, shall serve in their individual capacities, shall not be affiliated with the government of either Party, and shall comply with Annex 14-B.



ARTICLE 14.21

Relation with WTO Obligations


1.   Recourse to the dispute settlement provisions of this Chapter shall be without prejudice to any action in the WTO framework, including dispute settlement proceedings.


2.   Notwithstanding paragraph 1, where a Party has initiated dispute settlement proceedings with regard to a particular measure, either under this Chapter or under the WTO Agreement, it may not institute dispute settlement proceedings regarding the same measure in the other forum until the first proceedings have ended. Moreover, neither Party shall initiate dispute settlement proceedings under both this Chapter and under the WTO Agreement unless substantially different obligations under both agreements are in dispute, or unless the selected forum fails for procedural or jurisdictional reasons to make findings on the claim seeking redress in relation to that obligation, provided that the failure of the forum is not the result of a failure of a disputing Party to act diligently.


3.   For the purposes of paragraph 2:






(a)


dispute settlement proceedings under the WTO Agreement shall be deemed to be initiated by a Party's request for the establishment of a panel under Article 6 of the DSU and shall be deemed to be ended when the DSB adopts the Panel's report, and the Appellate Body's report as the case may be, under Articles 16 and 17(14) of the DSU; and










(b)


dispute settlement proceedings under this Chapter shall be deemed to be initiated by a Party's request for the establishment of an arbitration panel under paragraph 1 of Article 14.4 (Initiation of Arbitration Procedure) and shall be deemed to be ended when the arbitration panel issues its ruling to the Parties and to the Trade Committee under paragraph 2 of Article 14.8 (Arbitration Panel Ruling) or when the parties have reached a mutually agreed solution under Article 14.15 (Mutually Agreed Solution).






4.   Nothing in this Chapter shall preclude a Party from implementing the suspension of obligations authorised by the DSB. The WTO Agreement shall not be invoked to preclude a Party from suspending obligations as provided for under this Chapter.



ARTICLE 14.22

Time Limits


1.   All time limits laid down in this Chapter, including the limits for the arbitration panels to notify their rulings, shall be counted in calendar days, the first day being the day following the acts or facts to which they refer, unless otherwise specified.


2.   Any time limit referred to in this Chapter may be modified by mutual agreement of the Parties.



ARTICLE 14.23

Review and Modification of the Chapter

The Parties may, by decision in the Trade Committee, modify this Chapter and Annexes 14-A and 14-B.




CHAPTER FIFTEEN

MEDIATION MECHANISM


ARTICLE 15.1

Objective and Scope


1.   The objective of this Chapter is to facilitate the finding of a mutually agreed solution through a comprehensive and expeditious procedure with the assistance of a mediator.


2.   This Chapter shall apply to any measure that is within the scope of this Agreement and that adversely affects trade or investment between the Parties, except as otherwise provided.



SECTION A

PROCEDURE UNDER THE MEDIATION MECHANISM


ARTICLE 15.2

Request for Information


1.   At any time before the initiation of the mediation procedure, a Party may request the other Party in writing to provide information regarding a measure that adversely affects trade or investment between the Parties. The Party to which such request is made shall provide a written response within 20 days.


2.   Where the responding Party considers that it is not practicable to respond within 20 days, it shall inform the requesting Party of the reasons why it is not practicable to respond within this period, together with an estimate of the shortest period within which it will be able to provide its response.



ARTICLE 15.3

Initiation of the Procedure


1.   At any time, a Party may request that the Parties enter into a mediation procedure. Such request shall be addressed to the other Party in writing. The request shall be sufficiently detailed to present clearly the concerns of the requesting Party and shall:






(a)


identify the specific measure at issue;










(b)


provide a statement of the alleged adverse effects that the requesting Party believes the measure has, or will have, on trade or investment between the Parties; and










(c)


explain how the requesting Party considers that those effects are linked to the measure.






2.   The Party to which such request is addressed shall give sympathetic consideration to the request and reply by accepting or rejecting it in writing within ten days of its receipt.



ARTICLE 15.4

Selection of the Mediator


1.   The Parties shall endeavour to agree on a mediator no later than 15 days after the receipt of the reply to the request referred to in paragraph 2 of Article 15.3 (Initiation of the Procedure).


2.   If the Parties cannot agree on the mediator within the established time frame, either Party may request the chairperson of the Trade Committee or the chairperson's delegate to select the mediator by lot from the list established under paragraph 2 of Article 14.20 (Lists of Arbitrators). Representatives of both Parties are entitled to be present when the lots are drawn.


3.   The chairperson of the Trade Committee or the chairperson's delegate shall select the mediator within five working days of the request referred to in paragraph 2.


4.   The mediator shall not be a national of either Party, unless the Parties agree otherwise.


5.   The mediator shall assist the Parties, in an impartial and transparent manner, in bringing clarity to the measure and its possible adverse effects on trade and investment, and in reaching a mutually agreed solution. Annex 14-B shall apply to mediators, mutatis mutandis. Rules 4 to 9 and Rules 46 to 49 of Annex 14-A shall also apply, mutatis mutandis.



ARTICLE 15.5

Rules of the Mediation Procedure


1.   Within 10 days after the appointment of the mediator, the Party having invoked the mediation procedure shall present to the mediator and to the other Party a detailed written description of the problem, describing in particular the operation of the measure at issue and its adverse effects on trade and investment. Within 20 days of the date of delivery of that submission, the other Party may provide its written comments on the description of the problem. Either Party may include any information that it deems relevant in its description of the problem or its comments thereon.


2.   The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible adverse effects on trade and investment. In particular, the mediator may organise meetings between the Parties, may consult the Parties jointly or individually, may seek the assistance of or consult with relevant experts and stakeholders, and may provide any additional support requested by the Parties. However, before seeking the assistance of or consulting with relevant experts and stakeholders, the mediator shall consult with the Parties.


3.   The mediator may offer advice and may propose a solution for the consideration of the Parties, who may accept or reject the proposed solution or may agree on a different solution. However, the mediator shall not advise or give comments on whether the measure at issue is consistent with this Agreement.


4.   The mediation procedure shall take place in the territory of the Party to which the request was addressed or, by mutual agreement, at any other location or by any other means.


5.   The Parties shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, especially if the measure relates to perishable goods.


6.   The solution may be adopted by means of a decision of the Trade Committee. Either Party may make such solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. However, the version disclosed to the public may not contain any information that a Party has designated as confidential.


7.   The mediation procedure shall be terminated:






(a)


by the adoption of a mutually agreed solution by the Parties, in which case the mediation procedure shall terminate on the date of adoption;










(b)


by the mutual agreement of the Parties at any stage of the mediation procedure, in which case the mediation procedure shall terminate on the date of that agreement;










(c)


by the written declaration of the mediator, after having consulted with the Parties, that further efforts at mediation would be to no avail, in which case the mediation procedure shall terminate on the date of such declaration; or










(d)


by the written declaration of either Party after having explored mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, in which case the mediation procedure shall terminate on the date of that declaration.








SECTION B

IMPLEMENTATION


ARTICLE 15.6

Implementation of a Mutually Agreed Solution


1.   Where the Parties have agreed to a solution, each Party shall take the measures necessary to implement the mutually agreed solution within the agreed timeframe.


2.   The implementing Party shall inform the other Party in writing of any steps or measures taken to implement the mutually agreed solution.


3.   At the request of the Parties, the mediator shall issue to the Parties a draft written factual report, which shall provide a brief summary of: (i) the measure at issue in these proceedings; (ii) the procedures followed; and (iii) any mutually agreed solution reached as the final outcome of these proceedings, including possible interim solutions. The mediator shall provide the Parties 15 days to comment on the draft report. After considering the comments of the Parties submitted within that period, the mediator shall submit a final written factual report to the Parties within 15 days. The final written factual report shall not include any interpretation of this Agreement.




SECTION C

GENERAL PROVISIONS


ARTICLE 15.7

Relationship to Dispute Settlement


1.   The mediation procedure is without prejudice to the Parties' rights and obligations under Chapter Fourteen (Dispute Settlement).


2.   The mediation procedure is not intended to serve as a basis for dispute settlement procedures under this Agreement or any other agreement. A Party shall not rely on or introduce as evidence in such dispute settlement procedures, nor shall an arbitration panel take into consideration:






(a)


positions taken by a Party in the course of the mediation procedure;










(b)


the fact that a Party has indicated its willingness to accept a solution to the measure subject to mediation; or










(c)


advice given or proposals made by the mediator.






3.   Without prejudice to paragraph 6 of Article 15.5 (Rules of the Mediation Procedure), and unless the Parties agree otherwise, all steps of the mediation procedure, including any advice that may be given or solution that may be proposed, are confidential. However, each Party may disclose to the public the fact that mediation is taking place.



ARTICLE 15.8

Time Limits

Any time limit referred to in this Chapter may be modified by mutual agreement between the Parties.


ARTICLE 15.9

Costs


1.   Each Party shall bear its own expenses arising from the participation in the mediation procedure.


2.   The Parties shall share equally the expenses that arise from organisational matters, including the remuneration and expenses of the mediator. Remuneration of the mediator shall be in accordance with that provided for in Rule 10(b) of Annex 14-A.



ARTICLE 15.10

Review

Five years after the date of entry into force of this Agreement, the Parties shall consult each other on the need to modify the mediation procedure in light of their experience of using the mediation procedure and in light of the development of a corresponding mechanism in the WTO.




CHAPTER SIXTEEN

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS


ARTICLE 16.1

Trade Committee


1.   The Parties hereby establish a Trade Committee, which shall comprise representatives of the Parties.


2.   The Trade Committee shall meet alternately in the Union or Singapore every two years or without undue delay at the request of either Party. The Trade Committee shall be co-chaired by the Member of the European Commission responsible for Trade and the Minister for Trade and Industry of Singapore, or their respective delegates. The Trade Committee shall agree on its meeting schedule and shall set its agenda.


3.   The Trade Committee shall:






(a)


ensure that this Agreement operates properly;










(b)


supervise and facilitate the implementation and application of this Agreement, and shall further its general aims;










(c)


supervise the work of all specialised committees, working groups and other bodies established under this Agreement;










(d)


consider ways to further enhance trade relations between the Parties;










(e)


without prejudice to Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation Mechanism), seek to solve problems which might arise in areas covered by this Agreement, or to resolve disputes that may arise regarding the interpretation or application of this Agreement; and










(f)


consider any other matter of interest relating to an area covered by this Agreement.






4.   The Trade Committee may:






(a)


decide to establish or dissolve specialised committees, or to allocate responsibilities to such committees, except that powers granted to specialised committees to adopt legally binding decisions or adopt amendments can only be modified pursuant to the procedure for amendments set out in Article 16.5 (Amendments);










(b)


communicate with all interested parties, including private sector and civil society organisations;










(c)


consider amendments to this Agreement, or amend provisions of this Agreement in cases specifically provided for in this Agreement;










(d)


adopt interpretations of the provisions of this Agreement, which shall be binding on the Parties and on all bodies set up under this Agreement, including the arbitration panels referred to in Chapter Fourteen (Dispute Settlement);










(e)


adopt decisions or make recommendations as envisaged by this Agreement;










(f)


adopt its own rules of procedure; and










(g)


take any other action in the exercise of its functions as the Parties may agree.






5.   The Trade Committee shall inform the Joint Committee set up under the Partnership and Cooperation Agreement of the activities of the Trade Committee and those of its specialised committees, as relevant, at regular meetings of the Joint Committee.


6.   Recognising the importance of transparency and openness, the Parties affirm their respective practices of considering the views of members of the public in order to draw on a broad range of perspectives in the implementation of this Agreement.



ARTICLE 16.2

Specialised Committees


1.   The following specialised committees are hereby established under the auspices of the Trade Committee:






(a)


the Committee on Trade in Goods;










(b)


the Committee on Sanitary and Phytosanitary Measures (the ‘SPS Committee’);










(c)


the Committee on Customs; and










(d)


the Committee on Trade in Services, Investment and Government Procurement.






2.   The composition, remit, tasks and, as the case may be, functioning of the specialised committees, shall be as defined in the relevant provisions of this Agreement or by the Trade Committee.


3.   Unless otherwise provided for in this Agreement, the specialised committees shall normally meet at an appropriate level, alternately in the Union or Singapore, every two years or without undue delay at the request of either Party or the Trade Committee. They shall be co-chaired by representatives of the Parties. The specialised committees shall agree on their meeting schedule and set their agenda.


4.   The specialised committees shall inform the Trade Committee of their schedule and agenda sufficiently in advance of their meetings. They shall report to the Trade Committee on their activities at each regular meeting of the Trade Committee. The creation or existence of a specialised committee shall not prevent a Party from bringing any matter directly to the Trade Committee.



ARTICLE 16.3

Evolving WTO Law

If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with each other, via the Trade Committee, with a view to finding a mutually satisfactory solution, where necessary. As a result of such a review, the Parties may, by decision in the Trade Committee, amend this Agreement accordingly.


ARTICLE 16.4

Decision-making


1.   The Parties may take decisions in the Trade Committee or in a specialised committee, where provided for in this Agreement. The decisions taken in such a committee shall be binding on the Parties, which shall take the measures necessary to implement those decisions.


2.   The Trade Committee and specialised committees may make appropriate recommendations, where provided for in this Agreement.


3.   The Trade Committee and specialised committees shall draw up their decisions and recommendations by agreement between the Parties.



ARTICLE 16.5

Amendments


1.   The Parties may agree to amend this Agreement. Amendments to this Agreement shall enter into force after the Parties have exchanged written notifications certifying that they have completed their respective applicable legal requirements and procedures, as set out in the instrument of amendment.


2.   Notwithstanding paragraph 1, the Parties may, in the Trade Committee or a specialised committee, adopt a decision amending this Agreement, where provided for in this Agreement.



ARTICLE 16.6

Taxation


1.   This Agreement shall only apply to taxation measures insofar as such application is necessary to give effect to the provisions of this Agreement.


2.   Nothing in this Agreement shall affect the rights and obligations of the Union or any of its Member States, or the rights and obligations of Singapore, under any tax agreement between the Union and Singapore or between any of the Member States of the Union and Singapore. In the event of any inconsistency between this Agreement and any such agreement, that agreement shall prevail to the extent of the inconsistency. In the case of a tax agreement between the Union and Singapore or between any of the Member States of the Union and Singapore, the competent authorities under that agreement shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that agreement.


3.   Nothing in this Agreement shall prevent either Party from adopting or maintaining any taxation measure which differentiates between taxpayers based on rational criteria, such as whether taxpayers are in the same situation, in particular with regard to their place of residence or with regard to the place where their capital is invested (79).


4.   Nothing in this Agreement shall prevent the adoption or maintenance of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements for the avoidance of double taxation or other tax arrangements or domestic fiscal legislation.








5.








(a)


Nothing in this Agreement shall prevent Singapore from adopting or maintaining taxation measures which are needed to protect Singapore's overriding public policy interests arising out of its specific constraints of space.




(b)


Singapore will notify the Union immediately upon taking such measures, which will be, without delay, the object of consultations in the Trade Committee, with a view to reaching a mutual understanding.




(c)


Where such measures affect the overall balance of commitments agreed between the Parties in this Agreement, the Parties may, by decision in the Trade Committee, alter the Parties' schedules of specific commitments on account of such measures.











ARTICLE 16.7

Current Account and Capital Movements


1.   The Parties shall authorise, in accordance with the provisions of Article VIII of the Articles of Agreement of the International Monetary Fund, any payments and transfers in freely convertible currency (80) on the current account of the balance-of-payments between the Parties with regard to the transactions which fall within the scope of this Agreement.


2.   The Parties shall consult each other with a view to facilitating the movement of capital between them within the scope of this Agreement, in particular the progressive liberalisation of the capital and financial account, with the aim of supporting a stable and secure framework for long term investment.



ARTICLE 16.8

Sovereign Wealth Funds

Each Party shall encourage its sovereign wealth funds to respect the Generally Accepted Principles and Practices – Santiago Principles.


ARTICLE 16.9

Restrictions to Safeguard the Balance of Payments


1.   Where a Party is in serious balance-of-payments and external financial difficulties, or is under threat thereof, it may adopt or maintain restrictive measures with regard to capital movements, payments or transfers in relation to trade in goods, services and establishment.


2.   The Parties shall endeavour to avoid the application of the restrictive measures referred to in paragraph 1. Any restrictive measures adopted or maintained under this Article shall be non-discriminatory, shall be of a limited duration, and shall not go beyond what is necessary to remedy the balance-of-payments and external financial difficulties. Such measures shall be in accordance with the conditions established in the WTO Agreement and shall be consistent with the Articles of Agreement of the International Monetary Fund, as applicable.


3.   A Party that maintains or has adopted restrictive measures, or that adopts any changes to such measures, shall promptly notify the other Party thereof.


4.   Where restrictions are adopted or maintained, consultations shall be held promptly in the Trade Committee. Such consultations shall assess the balance-of-payments situation of the Party concerned and the restrictions adopted or maintained under this Article, taking into account, inter alia, such factors as:






(a)


the nature and extent of the balance-of-payments and external financial difficulties;










(b)


the external economic and trading environment; or










(c)


alternative corrective measures which may be available.




The consultations shall address the compliance of any restrictive measures with paragraphs 1 and 2. All findings of statistical and other facts presented by the IMF in relation to foreign exchange, monetary reserves or balance of payments shall be accepted, and the conclusions of the Trade Committee shall be based on the assessment by the IMF of the balance-of-payments and the external financial situation of the Party concerned.



ARTICLE 16.10

Temporary Safeguard Measures on Capital Movements and Payments


1.   Where, in exceptional circumstances, a Party faces serious difficulties, or the threat thereof, for the operation of that Party's economic and monetary policy or exchange rate policy, that Party may temporarily impose safeguard measures with regard to capital movements, payments or transfers. Such measures shall be strictly necessary, shall not exceed in any case a period of six months (81), and shall not constitute a means of arbitrary or unjustified discrimination between a Party and a non-Party in like situations.


2.   The Party adopting the safeguard measures shall inform the other Party forthwith, and, as soon as possible, shall present a time schedule for their removal.



ARTICLE 16.11

Security Exceptions

Nothing in this Agreement shall be construed to:






(a)


require either Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;










(b)


prevent either Party from taking any action which it considers necessary for the protection of its essential security interests:






(i)


connected with the production of or trade in arms, munitions and war materials, and related to traffic in other goods and materials and to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;










(ii)


relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;










(iii)


relating to fissionable or fusionable materials, or to the materials from which they are derived; or










(iv)


taken in time of war or other emergency in international relations, or to protect critical public infrastructure (this relates to communications, power or water infrastructure providing essential goods or services to the general public) from deliberate attempts to disable or disrupt it;














(c)


prevent either Party from taking any action for the purpose of maintaining international peace and security.






ARTICLE 16.12

Disclosure of Information


1.   Nothing in this Agreement shall be construed to require a Party to make available confidential information, the disclosure of which would impede law enforcement, would otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of particular enterprises, whether public or private.


2.   Where a Party submits information to the Trade Committee or to specialised committees which is considered as confidential under its laws and regulations, the other Party shall treat that information as confidential, unless the submitting Party agrees otherwise.



ARTICLE 16.13

Entry into Force


1.   This Agreement shall be approved by the Parties in accordance with their own procedures.


2.   This Agreement shall enter into force on the first day of the second month following that in which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures for the entry into force of this Agreement. The Parties may agree on another date.


3.   Notifications shall be sent to the Secretary General of the Council of the European Union and to the Director, North America and Europe Division, Singapore Ministry of Trade and Industry, or their respective successors.



ARTICLE 16.14

Duration


1.   This Agreement shall be valid indefinitely.


2.   A Party may notify in writing the other Party of its intention to terminate this Agreement.


3.   This Agreement shall be terminated six months after the notification under paragraph 2.


4.   Within 30 days of the delivery of a notification under paragraph 2, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect at a later date than that provided for under paragraph 3. Such consultations shall commence within 30 days of a Party's delivery of such request.



ARTICLE 16.15

Fulfilment of Obligations

The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.


ARTICLE 16.16

No Direct Effect

For greater certainty, nothing in this Agreement shall be construed as conferring rights or imposing obligations on any persons, other than those rights and obligations created between the Parties under public international law.


ARTICLE 16.17

Annexes, Appendices, Joint Declarations, Protocols and Understandings

The Annexes, Appendices, Joint Declarations, Protocols and Understandings to this Agreement shall form an integral part thereof.


ARTICLE 16.18

Relations with Other Agreements


1.   This Agreement shall be an integral part of the overall relations between the Union and its Member States, of the one part, and Singapore, of the other part, as governed by the Partnership and Cooperation Agreement, and shall form part of a common institutional framework. It constitutes a specific agreement giving effect to the trade provisions of the Partnership and Cooperation Agreement.


2.   For greater certainty, the Parties agree that nothing in this Agreement requires them to act in a manner inconsistent with their obligations under the WTO Agreement.



ARTICLE 16.19

Future Accessions to the Union


1.   The Union shall notify Singapore without undue delay of any request for accession of a third country to the Union.


2.   During the negotiations between the Union and a candidate country seeking accession, the Union shall endeavour to:






(a)


to the extent possible, provide to Singapore any information that Singapore requests regarding any matter covered by this Agreement; and










(b)


take into account any concerns expressed by Singapore.






3.   The Union shall inform Singapore as soon as feasible about the outcome of accession negotiations with a candidate country, and shall notify Singapore of the entry into force of any accession to the Union.


4.   In the context of the Trade Committee, and sufficiently in advance to the date of accession of a third country to the Union, the Parties shall examine possible effects of such accession on this Agreement. The Parties may, by decision in the Trade Committee, put in place any necessary adjustments or transition arrangements.



ARTICLE 16.20

Territorial Application


1.   This Agreement shall apply:






(a)


with respect to the Union, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union apply, under the conditions laid down in those Treaties; and










(b)


with respect to Singapore, to its territory.




References to ‘territory’ in this Agreement shall be understood in this sense, except as otherwise expressly provided.


2.   As regards those provisions concerning the tariff treatment of goods, this Agreement shall also apply to those areas of the Union customs territory not covered by subparagraph 1(a).



ARTICLE 16.21

Authentic Texts

This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.





Съставено в Брюксел на деветнадесети октомври две хиляди и осемнадесета година.
Hecho en Bruselas, el diecinueve de octubre de dos mil dieciocho.
V Bruselu dne devatenáctého října dva tisíce osmnáct.
Udfærdiget i Bruxelles den nittende oktober to tusind og atten.
Geschehen zu Brüssel am neunzehnten Oktober zweitausendachtzehn.

               Kahe tuhande kaheksateistkümnenda aasta oktoobrikuu üheksateistkümnendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις δέκα εννέα Οκτωβρίου δύο χιλιάδες δεκαοκτώ.
Done at Brussels on the nineteenth day of October in the year two thousand and eighteen.
Fait à Bruxelles, le dix-neuf octobre deux mille dix-huit.
Sastavljeno u Bruxellesu devetnaestog listopada godine dvije tisuće osamnaeste.
Fatto a Bruxelles, addì diciannove ottobre duemiladiciotto.
Briselē, divi tūkstoši astoņpadsmitā gada deviņpadsmitajā oktobrī.
Priimta du tūkstančiai aštuonioliktų metų spalio devynioliktą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-tizennyolcadik év október havának tizenkilencedik napján.
Magħmul fi Brussell, fid-dsatax-il jum ta' Ottubru fis-sena elfejn u tmintax.
Gedaan te Brussel, negentien oktober tweeduizend achttien.
Sporządzono w Brukseli dnia dziewiętnastego października roku dwa tysiące osiemnastego.
Feito em Bruxelas, em dezanove de outubro de dois mil e dezoito.
Întocmit la Bruxelles la nouăsprezece octombrie două mii optsprezece.
V Bruseli devätnásteho októbra dvetisícosemnásť.
V Bruslju, dne devetnajstega oktobra leta dva tisoč osemnajst.
Tehty Brysselissä yhdeksäntenätoista päivänä lokakuuta vuonna kaksituhattakahdeksantoista.
Som skedde i Bryssel den nittonde oktober år tjugohundraarton.

За Европейския съюз
Рог la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Za Europsku uniju
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen









За Република Сингапур
Por la República de Singapur
Za Singapurskou republiku
For Republikken Singapore
Für die Republik Singapur
Singapuri Vabariigi nimel
Για τη Δημοκρατία της Σινγκαπούρης
For the Republic of Singapore
Pour la République de Singapour
Za Republiku Singapur
Per la Repubblica di Singapore
Singapūras Republikas vārdā –
Singapūro Respublikos vardu
A Szingapúri Köztársaság részéről
Għar-Repubblika ta' Singapore
Voor de Republiek Singapore
W imieniu Republiki Singapuru
Pela República de Singapura
Pentru Republica Singapore
Za Singapurskú republiku
Za Republiko Singapur
Singaporen tasavallan puolesta
För Republiken Singapore












(1)  The term ‘natural person’ includes natural persons permanently residing in Latvia who are not citizens of Latvia or any other state but who are entitled, under the laws and regulations of Latvia, to receive a non-citizen's passport (Alien's Passport).

(2)  
            ‘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, shippers' export declaration or any other customs documentation in connection with the importation of the good.

(3)  For the purposes of this Article, ‘non-automatic licensing procedures’ means licensing procedures where approval of the application is not granted for all legal and natural persons who fulfil the requirements of the Party concerned for engaging in import or export operations involving the goods subject to licensing procedures.

(4)  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 a specific commitment.

(5)  
            ‘Central administration’ means the head office where ultimate decision-making takes place.

(6)  The Union understands that the concept of ‘effective and continuous link’ with the economy of a Member State of the Union enshrined in Article 54 of the Treaty on the Functioning of the European Union (hereinafter referred to as ‘TFEU’) is equivalent to the concept of ‘substantive business operations’. Accordingly, for a juridical person set up in accordance with the laws of Singapore and having only its registered office or central administration in the territory of Singapore, the Union shall only extend the benefits of this Agreement if that juridical person possesses an effective and continuous economic link with the economy of Singapore.

(7)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this Chapter covers 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 the same Member State of the Union, including on its continental shelf, as provided in the United Nations Convention on the Law of the Sea (hereinafter referred to as ‘UNCLOS’), and traffic originating and terminating in the same port or point located in a Member State of the Union.

(8)  Subparagraph 2(a) includes measures which require a service supplier of the other Party to have an establishment within the meaning of paragraph (d) of Article 8.8 (Definitions) or to be resident in a Party's territory as a condition for the cross-border supply of a service.

(9)  This subparagraph does not cover measures of a Party which limit inputs for the supply of services.

(10)  Where the economic activity is not performed directly by a juridical person but through other forms of establishment such as a branch or a representative office, the entrepreneur (i.e. the juridical person) shall, nonetheless, through such establishment be accorded the treatment provided for entrepreneurs under this Agreement. Such treatment shall be extended to the establishment through which the economic activity is performed and need not be extended to any other parts of the entrepreneur located outside the territory where the economic activity is performed.

(11)  For further clarity, a subsidiary of a juridical person of a Party may also refer to a juridical person which is a subsidiary of another subsidiary of a juridical person of that Party.

(12)  For greater certainty, processing of nuclear materials includes all the activities contained in the International Standard Industrial Classification of all Economic Activities, as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N 4, ISIC REV 3.1, 2002 code 2330.

(13)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this Chapter covers 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 the same Member State of the Union, including on its continental shelf, as provided in the UNCLOS, and traffic originating and terminating in the same port or point located in a Member State of the Union.

(14)  Subparagraphs 2(a), 2(b) and 2(c) do not cover measures taken in order to limit the production of an agricultural product.

(15)  For greater certainty, measures or limitations relating specifically to key personnel and graduate trainees shall be subject to Article 8.14 (Key Personnel and Graduate Trainees).

(16)  The obligations in this Article apply also to measures governing the composition of boards of directors of an establishment, such as nationality and residency requirements.

(17)  The recipient establishment may be required to submit a training programme covering the duration of stay for prior approval, demonstrating that the purpose of the stay is for training. The competent authorities may require that training be linked to the university degree which has been obtained.

(18)  For greater certainty and without prejudice to paragraph 4 of Article 8.1 (Objective and Scope), the stay in the territory of a Party under these provisions does not entitle the intra-corporate transferee to apply for permanent residency or citizenship in that Party.

(19)  This Article is without prejudice to the rights and obligations deriving from bilateral visa waiver agreements between Singapore and one of the Member States of the Union.

(20)  Licensing or authorisation fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.

(21)  
            ‘CPC’ means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC prov, 1991.

(22)  The term ‘software’ means the sets of instructions required to make computers work and communicate. A number of different programmes may be developed for specific applications (application software), and the customer may have a choice of using ready-made programmes off the shelf (packaged software), developing specific programmes for particular requirements (customised software) or using a combination of the two.

(23)  E.g., W/120.1.A.b. (accounting, auditing and bookkeeping services), W/120.1.A.d. (architectural services), W/120.1.A.h. (medical and dental services), W/120.2.D (audiovisual services), W/120.5. (educational services).

(24)  See previous footnote.

(25)  For greater certainty, only measures relating to basic letter services shall be subject to Article 8.22 (Prevention of Anti-Competitive Practices in the Postal Sector).

(26)  The maintenance of appropriate measures includes the effective enforcement of such measures.

(27)  For the purposes of this Article and Article 8.30 (Conduct of Major Suppliers), designation of a supplier of public telecommunications networks and services as a major supplier shall be in accordance with the domestic law and procedures of each Party.

(28)  The maintenance of appropriate measures includes the effective enforcement of such measures.

(29)  Licensing or authorisation fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.

(30)  For the purposes of this subparagraph, the term ‘measures’ shall comprise only measures that adversely discriminate based on the nationality or geographic area(s) of origin of the natural or juridical person to which the measure is applied.

(31)  The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.

(32)  Measures that are aimed at ensuring the effective or equitable imposition or collection of direct taxes include measures taken by a Party under its taxation system which:






(a)


apply to non-resident entrepreneurs and 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;










(b)


apply to non-residents in order to ensure the imposition or collection of taxes in the Party's territory;










(c)


apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures;










(d)


apply to consumers of services supplied in or from the territory of the other Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party's territory;










(e)


distinguish entrepreneurs and service suppliers subject to tax on worldwide taxable items from other entrepreneurs and service suppliers, in recognition of the difference in the nature of the tax base between them; or










(f)


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.




Tax terms or concepts in subparagraph (f) and in this footnote are determined according to tax definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the Party taking the measure.

(33)  For the purposes of paragraphs 10, 11 and 13 of this Article and paragraph 2 of Article 9.11 (Negotiations), ‘another notice used as a notice of intended procurement’ means a notice of planned procurement falling within paragraph 5 of Article 9.6 (Notices) and a notice inviting suppliers to apply for inclusion on a multi-use list falling within paragraph 12 of Article 9.8 (Qualification of Suppliers).

(34)  In the case of the Union, for the purposes of this Chapter, ‘patents’ include rights derived from supplementary protection certificates.

(35)  Without prejudice to Article 10.6 (Producers of Phonograms), the Parties recognise that references to these international agreements are subject to the reservations which each Party has formulated in relation thereto.

(36)  For the Union, the term ‘cinematographic works’ also includes audiovisual works.

(37)  In the case of the Union, the term of protection expires 70 years after the death of the last person designated as author under its domestic law, which will not in any case be shorter than the minimum duration of protection provided under paragraph 3 of Article 10.5 (Term of Protection).

(38)  
            ‘Producer of a phonogram’ means the person or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds.

(39)  
            ‘Public performance’ means, in relation to a phonogram, any mode of aural presentation to the public of sounds or representations of sounds fixed in a phonogram.

(40)  Singapore shall fully implement the obligations of this Article within two years of the entry into force of this Agreement.

(41)  For the purposes of this Article, ‘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, performances, or phonograms, which are not authorised by authors, performers or producers of phonograms, as provided for by each Party's domestic law. Without prejudice to the scope of copyright or related rights contained in each Party's domestic law, technological measures shall be deemed effective where the use of protected works, performances, or phonograms is controlled by authors, performers or producers of phonograms through the application of a relevant access control or protection process, such as encryption or scrambling, or a copy control mechanism, which achieves the objective of protection.

(42)  Nothing in this Chapter shall require Singapore to restrict the importation or domestic sale of a device that does not render effective a technological measure which sole purpose is to control market segmentation for legitimate copies of motion pictures, and is not otherwise a violation of its domestic law.

(43)  In implementing paragraphs 1 and 2 of this Article, neither Party shall be obligated to require that the design of, or the design and selection of parts and components for, a consumer electronics product, telecommunications product or computing product, provide for a response to any particular technological measure, so long as the product does not otherwise contravene its measures implementing these paragraphs.

(44)  For the purposes of this Article, ‘rights management information’ means:






(a)


information that identifies the work, the performance, or the phonogram; the author of the work, the performer of the performance, or the producer of the phonogram; or the owner of any right in the work, performance or phonogram;










(b)


information about the terms and conditions of use of the work, performance, or phonogram; or










(c)


any number or codes that represent the information described in subparagraphs (a) and (b),




when any of these items of information is attached to a copy of a work, performance, or phonogram, or appears in connection with the communication or making available of a work, performance or phonogram to the public.

(45)  Singapore is a party to the Singapore Treaty on the Law of Trademarks, while the Union shall make all reasonable efforts to facilitate accession to the Singapore Treaty on the Law of Trademarks.

(46)  The fair use of descriptive terms includes the use of a sign to indicate the geographic origin of the goods or services, and where such use is in accordance with honest practices in industrial or commercial matters.

(47)  For the purposes of this Chapter, ‘geographical indications’ means indications which identify a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

(48)  For the purposes of Sub-Section C (Geographical Indications), in the case of Singapore, the procedure for protection of geographical indications refers to the domestic registration procedure under the system established by Singapore pursuant to paragraph 2 of Article 10.17 (System of Protection of Geographical Indications).

(49)  For the purposes of this paragraph and paragraph 1 of Article 10.21 (Relationship with Trademarks), the term ‘like good’, in relation to a good for which a geographical indication has been protected in a Party's system as referred to in Article 10.17 (System of Protection of Geographical Indications), means a good that would fall within the same category of good in that Party's register as the good for which a geographical indication has been registered.

(50)  For greater certainty, it is understood that this is assessed on a case-by-case basis. This provision does not apply where evidence is provided that there is no link between the protected geographical indication and the translated term. It is further understood that this provision applies without prejudice to the general rules of Sub-Section C (Geographical Indications).

(51)  In the case of Singapore, ‘the producers concerned’ refers to the right holders in question.

(52)  In the case of Singapore, a geographical indication which conflicts with a prior existing trademark is capable of being registered with the consent of the prior existing trademark rights holder. In the case of the Union, such consent is not a prerequisite to the registration of a geographical indication which conflicts with a prior existing trademark.

(53)  For the purposes of Sub-Section (Designs), the Union also grants protection to the unregistered design when it meets the requirements of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, as last amended by Council Regulation (EC) No 1891/2006 of 18 December 2006.

(54)  The Parties agree that when the domestic law of a Party so provides, individual character of designs can also be required. This refers to designs that significantly differ from known designs or combinations of known designs' features. The Union considers designs to have individual character if the overall impression it produces on the informed users differs from the overall impression produced on such a user by any design which has been made available to the public.

(55)  It is understood that designs are not excluded from protection simply on the basis that they constitute a part of an article or product, provided that they are visible, fulfil the criteria of this paragraph, and:






(a)


fulfil any other criteria for design protection; and










(b)


are not otherwise excluded from design protection,




under the Parties' respective domestic law.

(56)  Nothing in this Article precludes either Party from providing other specified exclusions from design protection under its domestic law. The Parties understand that such exclusions shall not be extensive.

(57)  In the case of Singapore, the extent to which, and the conditions under which, such protection is enjoyed include the circumstances under section 74 of Singapore's Copyright Act.

(58)  For the purposes of this Article and Article 10.33 (Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put a Pharmaceutical Product on the Market), the term ‘pharmaceutical product’ shall be defined for each Party by the respective legislations of the Parties as at the date of signature of this Agreement. In the case of the Union, the term ‘pharmaceutical product’ refers to ‘medicinal product’.

(59)  Singapore undertakes to make available an extension of the duration of the rights conferred by patent protection to compensate the patent owner for the reduction in the effective patent life as the result of the administrative marketing approval process to substances for diagnosis or testing and authorised as a medicinal product.

(60)  The conditions and procedures for the provision of the extension of the patent term shall be determined by the respective legislations of the Parties. This is without prejudice to a possible extension for paediatric purposes, if provided for by either Party.

(61)  The conditions and procedures for the provision of the protection contemplated under this Article shall be determined by the respective legislations of the Parties.

(62)  The Parties shall, five years after the entry into force of this Agreement, initiate without prejudice discussions on the possible extension of the duration of the protection of test data submitted to obtain an administrative marketing approval to put a pharmaceutical product on the market.

(63)  In the context of this Article, it is understood that such confidential supporting test data or studies shall not be used for the purpose of determining whether to grant any other application for a period of at least five years:






(a)


in the case of Singapore, from the date that the first application is received;










(b)


in the case of the Union, from the date of approval of the first application,




unless the party which had provided the test data or studies has given his consent.

(64)  In the case of the Union, for the purposes of this Article, ‘agricultural chemical products’ means active substances and preparations containing one or more active substances, put up in the form in which they are supplied to the user, intended to:






(a)


protect plants or plant products against all harmful organisms or prevent the action of such organisms, in so far as such substances or preparations are not otherwise defined in subparagraphs (b) to (e);










(b)


influence the life processes of plants, other than as a nutrient (e.g. plant growth regulators);










(c)


preserve plant products, in so far as such substances or products are not subject to special Council or Commission provisions on preservatives;










(d)


destroy undesirable plants; or










(e)


destroy parts of plants, check or prevent undesirable growth of plants.





(65)  In so far as permitted by and in accordance with the provisions of the applicable law, it is understood that the phrase ‘federations and associations’ includes collective rights management bodies and, in the Union context, professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights.

(66)  A Party may exclude patents from the scope of Section C (Civil Enforcement of Intellectual Property Rights).

(67)  It is understood that, in the case of Singapore, Singapore may provide that its judicial authorities have the authority to order pecuniary compensation if that person acted unintentionally and without negligence, or if execution of the measures in question would cause him disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.

(68)  In the case of the Union, this would also include, in appropriate cases, elements other than economic factors such as the moral prejudice caused to the right holder by the infringement.

(69)  It is understood that the function of transmission includes the function of routing.

(70)  It is understood that the function of providing access for material without selection and/or modification of the content also refers to any means that is used to access the communication network and includes instances where connections are provided for the material.

(71)  It is understood that the process of caching carried out through an automatic process may refer to the intermediate and temporary storage of material in the course of transmission or providing access to such material.

(72)  The Parties will review the possibility of including pirated design goods within the scope of paragraph 2 of this Article within three years of the entry into force of this Agreement. The Parties may, by decision in the Trade Committee, amend paragraph 2 of this Article as a result of such review.

(73)  Where the competent authority in Singapore assesses that according to the prohibition laid down in section 34 of the Competition Act (Chapter 50B), the anti-competitive effects of a vertical agreement will likely outweigh its pro-competitive effects, the competent authority will refer the matter to the Minister. The Minister shall decide on the applicability of section 34 of the Competition Act to the vertical agreement in question. This is without prejudice to the possibility of the competent authority in Singapore applying section 47 of the Competition Act, which is applicable to vertical agreements concluded by a dominant firm.

(74)  This paragraph does not prejudice the outcome of future discussions in the WTO on the definition of subsidies for services. The Parties shall give positive consideration to the adoption of a possible decision by the Trade Committee to update this Agreement to reflect the agreement reached at the WTO on the definition of subsidies for services.

(75)  This does not prevent the Parties from providing temporary liquidity support in the form of loan guarantees or loans limited to the amount needed to merely to keep an ailing undertaking in business for the time necessary to work out a restructuring or liquidation plan.

(76)  When ‘labour’ is referred to in this Chapter, it includes the issues relevant to the Decent Work Agenda as agreed on in the ILO and in the Ministerial Declaration of the UN Economic and Social Council on Generating Full and Productive Employment and Decent Work for All of 2006.

(77)  The multilateral environmental agreements referred to shall encompass those protocols, amendments, annexes and adjustments binding on the Parties.

(78)  For greater certainty, the review of administrative actions can take the form of common law judicial review, and the correction of administrative actions may include a referral back to the body that took such action for corrective action.

(79)  For greater certainty, the Parties share an understanding that nothing in this Agreement shall prevent any taxation measure aimed at social welfare, public health or other socio-community objectives, or at macroeconomic stability; or tax benefits linked to place of incorporation and not the nationality of the person owning the company. Taxation measures aimed at macroeconomic stability are measures in reaction to movements and trends in the national economy to address or to prevent systemic imbalances which seriously threaten the stability of the national economy.

(80)  
            ‘Freely convertible currency’ means a currency which is widely traded in international foreign exchange markets and widely used in international transactions.

(81)  The application of safeguard measures may be extended through their formal reintroduction in case of continuing exceptional circumstances and after having notified the other Party regarding the implementation of any proposed formal reintroduction.




LIST OF ANNEXES, APPENDICES, JOINT DECLARATIONS, PROTOCOLS AND UNDERSTANDINGS TO THIS AGREEMENT






Annexes and Appendices to Chapter Two




Annex 2-A


Elimination of Customs Duties




Appendix 2-A-1


Tariff Schedule of Singapore




Appendix 2-A-2


Tariff Schedule of the Union




Attachment to Appendix 2-A-2


Tariff Schedule of the Union – Tariff lines




Annex 2-B


Motor Vehicles and Parts thereof




Annex 2-C


Pharmaceutical Products and Medical Devices




Annex and Appendices to Chapter Four




Annex 4-A


Electronics




Appendix 4-A-1


Scope




Appendix 4-A-2


Product Categories




Appendix 4-A-3


Definitions




Annexes to Chapter Five




Annex 5-A


Competent Authorities




Annex 5-B


Requirements and Provisions for Approval of Establishments for Products of Animal Origin




Annexes and Appendices to Chapter Eight




Annex 8-A


The Union's Schedule of Specific Commitments




Appendix 8-A-1


Union - Schedule of Specific Commitments in Conformity with Article 8.7 (Schedule of Specific Commitments)




Appendix 8-A-2


Union - Schedule of Specific Commitments in Conformity with Article 8.12 (Schedule of Specific Commitments)




Appendix 8-A-3


Union - Schedule of Specific Commitments in Conformity with Articles 8.14 (Key Personnel and Graduate Trainees) and 8.15 (Business Services Sellers)




Annex 8-B


Singapore's Schedule of Specific Commitments




Appendix 8-B-1


Singapore - Schedule of Specific Commitments




Appendix 8-B-2


Singapore - Schedule of Specific Commitments – Appendix on Financial Services




Annexes to Chapter Nine




Annex 9-A


Central Entities which Procure in Accordance with the Provisions of this Agreement




Annex 9-B


Sub-central Entities which Procure in Accordance with the Provisions of this Agreement




Annex 9-C


Utilities and other Entities which Procure in Accordance with the Provisions of this Agreement




Annex 9-D


Goods




Annex 9-E


Services




Annex 9-F


Construction Services and Works Concessions




Annex 9-G


General Notes and Derogations from the Provisions of Article 9.4 (General Principles)




Annex 9-H


Means of Publication




Annex 9-I


Public-Private-Partnerships




Annexes to Chapter Ten




Annex 10-A


List of Names to be Applied for Protection as Geographical Indications in the Territory of the Parties




Annex 10-B


Protected Geographical Indications




Annex to Chapter Eleven




Annex 11-A


Principles Applicable to other Subsidies




Annexes to Chapter Fourteen




Annex 14-A


Rules of Procedure for Arbitration




Annex 14-B


Code of Conduct for Arbitrators and Mediators




Protocols




Protocol 1


Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Co-operation (includes Annexes and Joint Declarations thereto)




Understandings




Understanding 1


In Relation to Article 16.6 (Taxation)




Understanding 2


In Relation to the Remuneration of Arbitrators




Understanding 3


Additional Customs-Related Provisions




Understanding 4


Mutual Recognition of Authorised Economic Operators (AEO) Programmes




Joint Declarations




Joint Declaration


Concerning Customs Unions







ANNEX 2-A
ELIMINATION OF CUSTOMS DUTIES

1.   

Pursuant to Article 2.6 (Reduction or Elimination of Customs Duties on Imports), each Party shall eliminate all customs duties imposed on goods originating in the other Party as from the date of the entry into force of this Agreement, except as otherwise provided in the respective Party's Schedules included in this Annex.



2.   
The following staging categories apply to the elimination of customs duties by each Party pursuant to Article 2.6 (Reduction or Elimination of Customs Duties on Imports) for those customs duties not eliminated at the entry into force of this Agreement:






(a)


customs duties on originating goods provided for in the items in staging category ‘3’ in a Party's Schedule shall be removed in four equal annual stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty;










(b)


customs duties on originating goods provided for in the items in staging category ‘5’ in a Party's Schedule shall be removed in six equal stages beginning on the date this Agreement enters into force, and such goods shall thereafter be free of any customs duty; and










(c)


no obligations under this Agreement regarding customs duties shall apply with respect to items in staging category ‘X’.






3.   

In relation to goods under a particular tariff code, the base rate of the customs duty and the staging category for determining the interim rate of the customs duty at each stage of reduction are indicated for that tariff code in each Party's Schedule.



4.   

For the purposes of paragraph 2, rates of customs duties in the interim stages shall be rounded down, at least to the nearest tenth of a percentage point or, in the case of the Union, to the nearest euro cent, where applicable.



5.   

For the purposes of this Annex and a Party's Schedule, each annual reduction shall take effect on the first day of the relevant year as defined in paragraph 6 of this Annex.



6.   
For the purposes of this Annex:






(a)


‘year one’ means the twelve-month period beginning on the date this Agreement enters into force;










(b)


‘year two’ means the twelve-month period beginning on the first anniversary of the entry into force of this Agreement;










(c)


‘year three’ means the twelve-month period beginning on the second anniversary of the entry into force of this Agreement;










(d)


‘year four’ means the twelve-month period beginning on the third anniversary of the entry into force of this Agreement; and










(e)


‘year five’ means the twelve-month period beginning on the fourth anniversary of the entry into force of this Agreement.






7.   

Appendices 2-A-1 (Tariff Schedule of the Union) and 2-A-2 (Tariff Schedule of Singapore) form an integral part of this Annex.





Appendix 2-A-1
TARIFF SCHEDULE OF THE UNION
General Notes








1.


Relation to the Combined Nomenclature (hereinafter referred to as ‘CN’) of the Union: the provisions of this Schedule are generally expressed in terms of the CN, and the interpretation of the provisions of this Schedule, including the product coverage of subheadings of this Schedule, shall be governed by the General Notes, Section Notes, and Chapter Notes of the CN. To the extent that provisions of this Schedule are identical to the corresponding provisions of the CN, the provisions of this Schedule shall have the same meaning as the corresponding provisions of the CN.












2.


The base rates of customs duty set forth in this Schedule reflect the Union's Common Customs Tariff rates of duty in effect on 1 January 2010.












3.


Pursuant to Article 2.6 (Reduction or Elimination of Customs Duties on Imports) and paragraph 1 of Annex 2-A, the Union shall eliminate customs duties on all originating goods of Singapore under this Agreement, as from the date of entry into force of this Agreement except for those listed in this Schedule.




Entry price system








4.


Paragraph 5 to 7 of this Appendix sets out modifications to the entry price scheme that the Union applies to certain fruits and vegetables in accordance with the Common Customs Tariff provided for in Commission Regulation (EC) No 927/2012 (and successor acts) and Union WTO Schedule CXL. In particular, originating goods of Singapore listed in this Appendix shall be subject to the entry price scheme set out in this Appendix in lieu of the entry price scheme specified in the Common Customs Tariff provided for in Commission Regulation (EC) No 927/2012 and the Union WTO Schedule CXL.












5.


For originating goods of Singapore to which the Union applies its entry price scheme in accordance with Commission Regulation (EC) No 927/2012 and the Union WTO Schedule CXL, the ad valorem customs duties on such goods shall be removed in accordance with the staging categories as set out in the Union's Schedule.












6.


The specific customs duties on the goods under paragraph 5 provided for in Commission Regulation (EC) No 948/2009 shall not be subject to the elimination of customs duties in accordance with the staging categories as set out in the Union's Schedule. Instead, the specific customs duties shall be maintained for the following goods:






CN 2013  code


Description




0702 00 00 


Tomatoes, fresh or chilled




0707 00 05 


- Cucumbers




0709 91 00 


- - Globe artichokes




0709 93 10 


- - - Courgettes




0805 10 20 


- - Sweet oranges, fresh




0805 20 10 


- - Clementines




0805 20 30 


- - Monreales and satsumas




0805 20 50 


- - Mandarins and wilkings




0805 20 70 


- - Tangerines




0805 20 90 


- - Other




0805 50 10 


- - Lemons (Citrus limon, Citrus limonum)




0806 10 10 


- - Table grapes




0808 10 80 


- - Other




0808 30 90 


- - Other




0809 10 00 


- Apricots




0809 21 00 


- - Sour cherries (Prunus cerasus)




0809 29 00 


- - Other




0809 30 10 


- - Nectarines




0809 30 90 


- - Other




0809 40 05 


- - Plums




2009 61 10 


- - - Of a value exceeding € 18 per 100 kg net weight




2009 69 19 


- - - - Other




2009 69 51 


- - - - - Concentrated




2009 69 59 


- - - - - Other




2204 30 92 


- - - - Concentrated




2204 30 94 


- - - - Other




2204 30 96 


- - - - Concentrated




2204 30 98 


- - - - Other
















7.


The specific duty under paragraph 6 shall not exceed the lesser specific duty of the prevailing MFN applied rate or the MFN applied rate of duty in effect on the day immediately preceding the date this Agreement enters into force.







ATTACHMENT TO APPENDIX 2-A-1 TO CHAPTER TWO ON NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS
TARIFF SCHEDULE OF THE UNION









CN 2013 


Description


Base rate


Staging category


Entry price




0102 29 10 


- - - - Of a weight not exceeding 80 kg


10,2  + 93,1  €/100 kg/net


5


 




0102 29 21 


- - - - - For slaughter


10,2  + 93,1  €/100 kg/net


5


 




0102 29 29 


- - - - - Other


10,2  + 93,1  €/100 kg/net


5


 




0102 29 41 


- - - - - For slaughter


10,2  + 93,1  €/100 kg/net


5


 




0102 29 49 


- - - - - Other


10,2  + 93,1  €/100 kg/net


5


 




0102 29 51 


- - - - - - For slaughter


10,2  + 93,1  €/100 kg/net


5


 




0102 29 59 


- - - - - - Other


10,2  + 93,1  €/100 kg/net


5


 




0102 29 61 


- - - - - - For slaughter


10,2  + 93,1  €/100 kg/net


5


 




0102 29 69 


- - - - - - Other


10,2  + 93,1  €/100 kg/net


5


 




0102 29 91 


- - - - - - For slaughter


10,2  + 93,1  €/100 kg/net


5


 




0102 29 99 


- - - - - - Other


10,2  + 93,1  €/100 kg/net


5


 




0102 39 10 


- - - Domestic species


10,2  + 93,1  €/100 kg/net


5


 




0102 90 91 


- - - Domestic species


10,2  + 93,1  €/100 kg/net


5


 




0103 91 10 


- - - Domestic species


41,2  €/100 kg/net


5


 




0103 92 11 


- - - - Sows having farrowed at least once, of a weight of not less than 160 kg


35,1  €/100 kg/net


5


 




0103 92 19 


- - - - Other


41,2  €/100 kg/net


5


 




0104 10 30 


- - - Lambs (up to a year old)


80,5  €/100 kg/net


5


 




0104 10 80 


- - - Other


80,5  €/100 kg/net


5


 




0104 20 90 


- - Other


80,5  €/100 kg/net


5


 




0105 11 11 


- - - - Laying stocks


52 €/1 000  p/st


5


 




0105 11 19 


- - - - Other


52 €/1 000  p/st


5


 




0105 11 91 


- - - - Laying stocks


52 €/1 000  p/st


5


 




0105 11 99 


- - - - Other


52 €/1 000  p/st


5


 




0105 12 00 


- - Turkeys


152 €/1 000  p/st


5


 




0105 13 00 


- - Ducks


52 €/1 000  p/st


5


 




0105 14 00 


- - Geese


152 €/1 000  p/st


5


 




0105 15 00 


- - Guinea fowls


52 €/1 000  p/st


5


 




0105 94 00 


- - Fowls of the species Gallus domesticus



20,9  €/100 kg/net


5


 




0105 99 10 


- - - Ducks


32,3  €/100 kg/net


5


 




0105 99 20 


- - - Geese


31,6  €/100 kg/net


5


 




0105 99 30 


- - - Turkeys


23,8  €/100 kg/net


5


 




0105 99 50 


- - - Guinea fowls


34,5  €/100 kg/net


5


 




0201 10 00 


- Carcases and half-carcases


12,8  + 176,8  €/100 kg/net


5


 




0201 20 20 


- - ‘Compensated’ quarters


12,8  + 176,8  €/100 kg/net


5


 




0201 20 30 


- - Unseparated or separated forequarters


12,8  + 141,4  €/100 kg/net


5


 




0201 20 50 


- - Unseparated or separated hindquarters


12,8  + 212,2  €/100 kg/net


5


 




0201 20 90 


- - Other


12,8  + 265,2  €/100 kg/net


5


 




0201 30 00 


- Boneless


12,8  + 303,4  €/100 kg/net


5


 




0202 10 00 


- Carcases and half-carcases


12,8  + 176,8  €/100 kg/net


5


 




0202 20 10 


- - ‘Compensated’ quarters


12,8  + 176,8  €/100 kg/net


5


 




0202 20 30 


- - Unseparated or separated forequarters


12,8  + 141,4  €/100 kg/net


5


 




0202 20 50 


- - Unseparated or separated hindquarters


12,8  + 221,1  €/100 kg/net


5


 




0202 20 90 


- - Other


12,8  + 265,3  €/100 kg/net


5


 




0202 30 10 


- - Forequarters, whole or cut into a maximum of five pieces, each quarter being in a single block; ‘compensated’ quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces, and the other, the hindquarter, excluding the tenderloin, in one piece


12,8  + 221,1  €/100 kg/net


5


 




0202 30 50 


- - Crop, chuck-and-blade and brisket cuts


12,8  + 221,1  €/100 kg/net


5


 




0202 30 90 


- - Other


12,8  + 304,1  €/100 kg/net


5


 




0203 11 10 


- - - Of domestic swine


53,6  €/100 kg/net


5


 




0203 12 11 


- - - - Hams and cuts thereof


77,8  €/100 kg/net


5


 




0203 12 19 


- - - - Shoulders and cuts thereof


60,1  €/100 kg/net


5


 




0203 19 11 


- - - - Fore-ends and cuts thereof


60,1  €/100 kg/net


5


 




0203 19 13 


- - - - Loins and cuts thereof, with bone in


86,9  €/100 kg/net


5


 




0203 19 15 


- - - - Bellies (streaky) and cuts thereof


46,7  €/100 kg/net


5


 




0203 19 55 


- - - - - Boneless


86,9  €/100 kg/net


5


 




0203 19 59 


- - - - - Other


86,9  €/100 kg/net


5


 




0203 21 10 


- - - Of domestic swine


53,6  €/100 kg/net


5


 




0203 22 11 


- - - - Hams and cuts thereof


77,8  €/100 kg/net


5


 




0203 22 19 


- - - - Shoulders and cuts thereof


60,1  €/100 kg/net


5


 




0203 29 11 


- - - - Fore-ends and cuts thereof


60,1  €/100 kg/net


5


 




0203 29 13 


- - - - Loins and cuts thereof, with bone in


86,9  €/100 kg/net


5


 




0203 29 15 


- - - - Bellies (streaky) and cuts thereof


46,7  €/100 kg/net


5


 




0203 29 55 


- - - - - Boneless


86,9  €/100 kg/net


5


 




0203 29 59 


- - - - - Other


86,9  €/100 kg/net


5


 




0204 10 00 


- Carcases and half-carcases of lamb, fresh or chilled


12,8  + 171,3  €/100 kg/net


5


 




0204 21 00 


- - Carcases and half-carcases


12,8  + 171,3  €/100 kg/net


5


 




0204 22 10 


- - - Short forequarters


12,8  + 119,9  €/100 kg/net


5


 




0204 22 30 


- - - Chines and/or best ends


12,8  + 188,5  €/100 kg/net


5


 




0204 22 50 


- - - Legs


12,8  + 222,7  €/100 kg/net


5


 




0204 22 90 


- - - Other


12,8  + 222,7  €/100 kg/net


5


 




0204 23 00 


- - Boneless


12,8  + 311,8  €/100 kg/net


5


 




0204 30 00 


- Carcases and half-carcases of lamb, frozen


12,8  + 128,8  €/100 kg/net


5


 




0204 41 00 


- - Carcases and half-carcases


12,8  + 128,8  €/100 kg/net


5


 




0204 42 10 


- - - Short forequarters


12,8  + 90,2  €/100 kg/net


5


 




0204 42 30 


- - - Chines and/or best ends


12,8  + 141,7  €/100 kg/net


5


 




0204 42 50 


- - - Legs


12,8  + 167,5  €/100 kg/net


5


 




0204 42 90 


- - - Other


12,8  + 167,5  €/100 kg/net


5


 




0204 43 10 


- - - Of lamb


12,8  + 234,5  €/100 kg/net


5


 




0204 43 90 


- - - Other


12,8  + 234,5  €/100 kg/net


5


 




0204 50 11 


- - - Carcases and half-carcases


12,8  + 171,3  €/100 kg/net


5


 




0204 50 13 


- - - Short forequarters


12,8  + 119,9  €/100 kg/net


5


 




0204 50 15 


- - - Chines and/or best ends


12,8  + 188,5  €/100 kg/net


5


 




0204 50 19 


- - - Legs


12,8  + 222,7  €/100 kg/net


5


 




0204 50 31 


- - - - Cuts with bone in


12,8  + 222,7  €/100 kg/net


5


 




0204 50 39 


- - - - Boneless cuts


12,8  + 311,8  €/100 kg/net


5


 




0204 50 51 


- - - Carcases and half-carcases


12,8  + 128,8  €/100 kg/net


5


 




0204 50 53 


- - - Short forequarters


12,8  + 90,2  €/100 kg/net


5


 




0204 50 55 


- - - Chines and/or best ends


12,8  + 141,7  €/100 kg/net


5


 




0204 50 59 


- - - Legs


12,8  + 167,5  €/100 kg/net


5


 




0204 50 71 


- - - - Cuts with bone in


12,8  + 167,5  €/100 kg/net


5


 




0204 50 79 


- - - - Boneless cuts


12,8  + 234,5  €/100 kg/net


5


 




0206 10 95 


- - - Thick skirt and thin skirt


12,8  + 303,4  €/100 kg/net


5


 




0206 29 91 


- - - - Thick skirt and thin skirt


12,8  + 304,1  €/100 kg/net


5


 




0206 80 91 


- - - Of horses, asses, mules and hinnies


6,4 


3


 




0207 11 10 


- - - Plucked and gutted, with heads and feet, known as ‘83 % chickens’


26,2  €/100 kg/net


5


 




0207 11 30 


- - - Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘70 % chickens’


29,9  €/100 kg/net


5


 




0207 11 90 


- - - Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘65 % chickens’, or otherwise presented


32,5  €/100 kg/net


5


 




0207 12 10 


- - - Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘70 % chickens’


29,9  €/100 kg/net


5


 




0207 12 90 


- - - Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘65 % chickens’, or otherwise presented


32,5  €/100 kg/net


5


 




0207 13 10 


- - - - Boneless


102,4  €/100 kg/net


5


 




0207 13 20 


- - - - - Halves or quarters


35,8  €/100 kg/net


5


 




0207 13 30 


- - - - - Whole wings, with or without tips


26,9  €/100 kg/net


5


 




0207 13 40 


- - - - - Backs, necks, backs with necks attached, rumps and wing-tips


18,7  €/100 kg/net


5


 




0207 13 50 


- - - - - Breasts and cuts thereof


60,2  €/100 kg/net


5


 




0207 13 60 


- - - - - Legs and cuts thereof


46,3  €/100 kg/net


5


 




0207 13 70 


- - - - - Other


100,8  €/100 kg/net


5


 




0207 13 99 


- - - - Other


18,7  €/100 kg/net


5


 




0207 14 10 


- - - - Boneless


102,4  €/100 kg/net


5


 




0207 14 20 


- - - - - Halves or quarters


35,8  €/100 kg/net


5


 




0207 14 30 


- - - - - Whole wings, with or without tips


26,9  €/100 kg/net


5


 




0207 14 40 


- - - - - Backs, necks, backs with necks attached, rumps and wing-tips


18,7  €/100 kg/net


5


 




0207 14 50 


- - - - - Breasts and cuts thereof


60,2  €/100 kg/net


5


 




0207 14 60 


- - - - - Legs and cuts thereof


46,3  €/100 kg/net


5


 




0207 14 70 


- - - - - Other


100,8  €/100 kg/net


5


 




0207 14 91 


- - - - Livers


6,4 


5


 




0207 14 99 


- - - - Other


18,7  €/100 kg/net


5


 




0207 24 10 


- - - Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘80 % turkeys’


34 €/100 kg/net


5


 




0207 24 90 


- - - Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘73 % turkeys’, or otherwise presented


37,3  €/100 kg/net


5


 




0207 25 10 


- - - Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘80 % turkeys’


34 €/100 kg/net


5


 




0207 25 90 


- - - Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘73 % turkeys’, or otherwise presented


37,3  €/100 kg/net


5


 




0207 26 10 


- - - - Boneless


85,1  €/100 kg/net


5


 




0207 26 20 


- - - - - Halves or quarters


41 €/100 kg/net


5


 




0207 26 30 


- - - - - Whole wings, with or without tips


26,9  €/100 kg/net


5


 




0207 26 40 


- - - - - Backs, necks, backs with necks attached, rumps and wing-tips


18,7  €/100 kg/net


5


 




0207 26 50 


- - - - - Breasts and cuts thereof


67,9  €/100 kg/net


5


 




0207 26 60 


- - - - - - Drumsticks and cuts of drumsticks


25,5  €/100 kg/net


5


 




0207 26 70 


- - - - - - Other


46 €/100 kg/net


5


 




0207 26 80 


- - - - - Other


83 €/100 kg/net


5


 




0207 26 99 


- - - - Other


18,7  €/100 kg/net


5


 




0207 27 10 


- - - - Boneless


85,1  €/100 kg/net


5


 




0207 27 20 


- - - - - Halves or quarters


41 €/100 kg/net


5


 




0207 27 30 


- - - - - Whole wings, with or without tips


26,9  €/100 kg/net


5


 




0207 27 40 


- - - - - Backs, necks, backs with necks attached, rumps and wing-tips


18,7  €/100 kg/net


5


 




0207 27 50 


- - - - - Breasts and cuts thereof


67,9  €/100 kg/net


5


 




0207 27 60 


- - - - - - Drumsticks and cuts thereof


25,5  €/100 kg/net


5


 




0207 27 70 


- - - - - - Other


46 €/100 kg/net


5


 




0207 27 80 


- - - - - Other


83 €/100 kg/net


5


 




0207 27 91 


- - - - Livers


6,4 


5


 




0207 27 99 


- - - - Other


18,7  €/100 kg/net


5


 




0207 41 20 


- - - Plucked, bled, gutted but not drawn, with heads and feet, known as ‘85 % ducks’


38 €/100 kg/net


5


 




0207 41 30 


- - - Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘70 % ducks’


46,2  €/100 kg/net


5


 




0207 41 80 


- - - Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘63 % ducks’, or otherwise presented


51,3  €/100 kg/net


5


 




0207 42 30 


- - - Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘70 % ducks’


46,2  €/100 kg/net


5


 




0207 42 80 


- - - Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘63 % ducks’, or otherwise presented


51,3  €/100 kg/net


5


 




0207 44 10 


- - - - Boneless


128,3  €/100 kg/net


5


 




0207 44 21 


- - - - - Halves or quarters


56,4  €/100 kg/net


5


 




0207 44 31 


- - - - - Whole wings, with or without tips


26,9  €/100 kg/net


5


 




0207 44 41 


- - - - - Backs, necks, backs with necks attached, rumps and wing-tips


18,7  €/100 kg/net


5


 




0207 44 51 


- - - - - Breasts and cuts thereof


115,5  €/100 kg/net


5


 




0207 44 61 


- - - - - Legs and cuts thereof


46,3  €/100 kg/net


5


 




0207 44 71 


- - - - - Paletots


66 €/100 kg/net


5


 




0207 44 81 


- - - - - Other


123,2  €/100 kg/net


5


 




0207 44 99 


- - - - Other


18,7  €/100 kg/net


5


 




0207 45 10 


- - - - Boneless


128,3  €/100 kg/net


5


 




0207 45 21 


- - - - - Halves or quarters


56,4  €/100 kg/net


5


 




0207 45 31 


- - - - - Whole wings, with or without tips


26,9  €/100 kg/net


5


 




0207 45 41 


- - - - - Backs, necks, backs with necks attached, rumps and wing-tips


18,7  €/100 kg/net


5


 




0207 45 51 


- - - - - Breasts and cuts thereof


115,5  €/100 kg/net


5


 




0207 45 61 


- - - - - Legs and cuts thereof


46,3  €/100 kg/net


5


 




0207 45 71 


- - - - - Paletots


66 €/100 kg/net


5


 




0207 45 81 


- - - - - Other


123,2  €/100 kg/net


5


 




0207 45 95 


- - - - - Other


6,4 


5


 




0207 45 99 


- - - - Other


18,7  €/100 kg/net


5


 




0207 51 10 


- - - Plucked, bled, not drawn, with heads and feet, known as ‘82 % geese’


45,1  €/100 kg/net


5


 




0207 51 90 


- - - Plucked and drawn, without heads and feet, with or without hearts and gizzards, known as ‘75 % geese’, or otherwise presented


48,1  €/100 kg/net


5


 




0207 52 10 


- - - Plucked, bled, not drawn, with heads and feet, known as ‘82 % geese’


45,1  €/100 kg/net


5


 




0207 52 90 


- - - Plucked and drawn, without heads and feet, with or without hearts and gizzards, known as ‘75 % geese’, or otherwise presented


48,1  €/100 kg/net


5


 




0207 54 10 


- - - - Boneless


110,5  €/100 kg/net


5


 




0207 54 21 


- - - - - Halves or quarters


52,9  €/100 kg/net


5


 




0207 54 31 


- - - - - Whole wings, with or without tips


26,9  €/100 kg/net


5


 




0207 54 41 


- - - - - Backs, necks, backs with necks attached, rumps and wing-tips


18,7  €/100 kg/net


5


 




0207 54 51 


- - - - - Breasts and cuts thereof


86,5  €/100 kg/net


5


 




0207 54 61 


- - - - - Legs and cuts thereof


69,7  €/100 kg/net


5


 




0207 54 71 


- - - - - Paletots


66 €/100 kg/net


5


 




0207 54 81 


- - - - - Other


123,2  €/100 kg/net


5


 




0207 54 99 


- - - - Other


18,7  €/100 kg/net


5


 




0207 55 10 


- - - - Boneless


110,5  €/100 kg/net


5


 




0207 55 21 


- - - - - Halves or quarters


52,9  €/100 kg/net


5


 




0207 55 31 


- - - - - Whole wings, with or without tips


26,9  €/100 kg/net


5


 




0207 55 41 


- - - - - Backs, necks, backs with necks attached, rumps and wing-tips


18,7  €/100 kg/net


5


 




0207 55 51 


- - - - - Breasts and cuts thereof


86,5  €/100 kg/net


5


 




0207 55 61 


- - - - - Legs and cuts thereof


69,7  €/100 kg/net


5


 




0207 55 71 


- - - - - Paletots


66 €/100 kg/net


5


 




0207 55 81 


- - - - - Other


123,2  €/100 kg/net


5


 




0207 55 95 


- - - - - Other


6,4 


5


 




0207 55 99 


- - - - Other


18,7  €/100 kg/net


5


 




0207 60 05 


- - Not cut in pieces, fresh, chilled or frozen


49,3  €/100 kg/net


5


 




0207 60 10 


- - - - Boneless


128,3  €/100 kg/net


5


 




0207 60 21 


- - - - - Halves or quarters


54,2  €/100 kg/net


5


 




0207 60 31 


- - - - - Whole wings, with or without tips


26,9  €/100 kg/net


5


 




0207 60 41 


- - - - - Backs, necks, backs with necks attached, rumps and wing-tips


18,7  €/100 kg/net


5


 




0207 60 51 


- - - - - Breasts and cuts thereof


115,5  €/100 kg/net


5


 




0207 60 61 


- - - - - Legs and cuts thereof


46,3  €/100 kg/net


5


 




0207 60 81 


- - - - - Other


123,2  €/100 kg/net


5


 




0207 60 99 


- - - - Other


18,7  €/100 kg/net


5


 




0209 10 11 


- - - Fresh, chilled, frozen, salted or in brine


21,4  €/100 kg/net


5


 




0209 10 19 


- - - Dried or smoked


23,6  €/100 kg/net


5


 




0209 10 90 


- - Pig fat, other than that of subheading 0209 10 11  or 0209 10 19 


12,9  €/100 kg/net


5


 




0209 90 00 


- Other


41,5  €/100 kg/net


5


 




0210 11 11 


- - - - - Hams and cuts thereof


77,8  €/100 kg/net


5


 




0210 11 19 


- - - - - Shoulders and cuts thereof


60,1  €/100 kg/net


5


 




0210 11 31 


- - - - - Hams and cuts thereof


151,2  €/100 kg/net


5


 




0210 11 39 


- - - - - Shoulders and cuts thereof


119 €/100 kg/net


5


 




0210 12 11 


- - - - Salted or in brine


46,7  €/100 kg/net


5


 




0210 12 19 


- - - - Dried or smoked


77,8  €/100 kg/net


5


 




0210 19 10 


- - - - - Bacon sides or spencers


68,7  €/100 kg/net


5


 




0210 19 20 


- - - - - Three-quarter sides or middles


75,1  €/100 kg/net


5


 




0210 19 30 


- - - - - Fore-ends and cuts thereof


60,1  €/100 kg/net


5


 




0210 19 40 


- - - - - Loins and cuts thereof


86,9  €/100 kg/net


5


 




0210 19 50 


- - - - - Other


86,9  €/100 kg/net


5


 




0210 19 60 


- - - - - Fore-ends and cuts thereof


119 €/100 kg/net


5


 




0210 19 70 


- - - - - Loins and cuts thereof


149,6  €/100 kg/net


5


 




0210 19 81 


- - - - - - Boneless


151,2  €/100 kg/net


5


 




0210 19 89 


- - - - - - Other


151,2  €/100 kg/net


5


 




0210 20 10 


- - With bone in


15,4  + 265,2  €/100 kg/net


5


 




0210 20 90 


- - Boneless


15,4  + 303,4  €/100 kg/net


5


 




0210 92 91 


- - - - Meat


130 €/100 kg/net


5


 




0210 92 99 


- - - - Edible flours and meals of meat or meat offal


15,4  + 303,4  €/100 kg/net


5


 




0210 99 21 


- - - - - With bone in


222,7  €/100 kg/net


5


 




0210 99 29 


- - - - - Boneless


311,8  €/100 kg/net


5


 




0210 99 39 


- - - - Other


130 €/100 kg/net


5


 




0210 99 41 


- - - - - Livers


64,9  €/100 kg/net


5


 




0210 99 49 


- - - - - Other


47,2  €/100 kg/net


5


 




0210 99 51 


- - - - - Thick skirt and thin skirt


15,4  + 303,4  €/100 kg/net


5


 




0210 99 90 


- - - Edible flours and meals of meat or meat offal


15,4  + 303,4  €/100 kg/net


5


 




0303 23 00 


- - Tilapia (Oreochromis spp.)


8


5


 




0303 24 00 


- - Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


8


5


 




0303 29 00 


- - Other


8


5


 




0303 32 00 


- - Plaice (Pleuronectes platessa)


15


5


 




0303 41 90 


- - - Other


22


5


 




0303 42 90 


- - - Other


22


5


 




0303 43 90 


- - - Other


22


5


 




0303 44 90 


- - - Other


22


5


 




0303 45 18 


- - - - Other


22


5


 




0303 45 99 


- - - - Other


22


5


 




0303 46 90 


- - - Other


22


5


 




0303 49 85 


- - - Other


22


5


 




0303 53 10 


- - - Sardines of the species Sardina pilchardus



23


5


 




0303 53 30 


- - - Sardines of the genus Sardinops; sardinella (Sardinella spp.)


15


5


 




0303 54 90 


- - - Of the species Scomber australasicus



15


5


 




0303 57 00 


- - Swordfish (Xiphias gladius)


7,5 


5


 




0303 64 00 


- - Haddock (Melanogrammus aeglefinus)


7,5 


5


 




0303 65 00 


- - Coalfish (Pollachius virens)


7,5 


5


 




0303 66 11 


- - - - Cape hake (shallow-water hake) (Merluccius capensis) and deepwater hake (deepwater Cape hake) (Merluccius paradoxus)


15


5


 




0303 66 12 


- - - - Argentine hake (Southwest Atlantic hake) (Merluccius hubbsi)


15


5


 




0303 66 13 


- - - - Southern hake (Merluccius australis)


15


5


 




0303 66 19 


- - - - Other


15


5


 




0303 66 90 


- - - Hake of the genus Urophycis



15


5


 




0303 81 30 


- - - Porbeagle shark (Lamna nasus)


8


5


 




0303 81 90 


- - - Other


8


5


 




0303 83 00 


- - Toothfish (Dissostichus spp.)


15


5


 




0303 84 10 


- - - European sea bass (Dicentrarchus labrax)


15


5


 




0303 89 10 


- - - Freshwater fish


8


5


 




0303 89 29 


- - - - - Other


22


5


 




0303 90 90 


- - Other


10


5


 




0304 31 00 


- - Tilapia (Oreochromis spp.)


9


5


 




0304 32 00 


- - Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


9


5


 




0304 33 00 


- - Nile perch (Lates niloticus)


9


5


 




0304 39 00 


- - Other


9


5


 




0304 42 10 


- - - Of the species Oncorhynchus mykiss, weighing more than 400 g each


12


5


 




0304 42 50 


- - - Of the species Oncorhynchus apache or Oncorhynchus chrysogaster



9


5


 




0304 42 90 


- - - Other


12


5


 




0304 43 00 


- - Flat fish (Pleuronectidae, Bothidae, Cynoglossidae, Soleidae, Scophthalmidae and Citharidae)


18


5


 




0304 44 10 


- - - Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida



18


5


 




0304 44 30 


- - - Coalfish (Pollachius virens)


18


5


 




0304 44 90 


- - - Other


18


5


 




0304 45 00 


- - Swordfish (Xiphias gladius)


18


5


 




0304 46 00 


- - Toothfish (Dissostichus spp.)


18


5


 




0304 49 10 


- - - Freshwater fish


9


5


 




0304 49 50 


- - - - Redfish (Sebastes spp.)


18


5


 




0304 49 90 


- - - - Other


18


5


 




0304 51 00 


- - Tilapia (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus carpio, Carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


8


5


 




0304 52 00 


- - Salmonidae



8


5


 




0304 53 00 


- - Fish of the families Bregmacerotidae, Euclichthyidae, Gadidae, Macrouridae, Melanonidae, Merlucciidae, Moridae and Muraenolepididae



15


5


 




0304 54 00 


- - Swordfish (Xiphias gladius)


15


5


 




0304 55 00 


- - Toothfish (Dissostichus spp.)


15


5


 




0304 59 10 


- - - Freshwater fish


8


5


 




0304 59 90 


- - - - Other


15


5


 




0304 61 00 


- - Tilapia (Oreochromis spp.)


9


X


 




0304 62 00 


- - Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.)


9


X


 




0304 84 00 


- - Swordfish (Xiphias gladius)


7,5 


5


 




0304 87 00 


- - Tuna (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis)


18


5


 




0304 89 30 


- - - - Fish of the genus Euthynnus, other than the skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis) mentioned in subheading 0304 87 00 


18


5


 




0304 89 51 


- - - - - Dogfish (Squalus acanthias, Scyliorhinus spp.)


7,5 


5


 




0304 89 55 


- - - - - Porbeagle shark (Lamna nasus)


7,5 


5


 




0304 89 59 


- - - - - Other sharks


7,5 


5


 




0304 92 00 


- - Toothfish (Dissostichus spp.)


7,5 


5


 




0304 93 10 


- - - Surimi


14,2 


5


 




0304 93 90 


- - - Other


8


5


 




0304 94 10 


- - - Surimi


14,2 


5


 




0304 94 90 


- - - Other


7,5 


5


 




0304 95 10 


- - - Surimi


14,2 


5


 




0304 95 21 


- - - - - Cod of the species Gadus macrocephalus



7,5 


5


 




0304 95 25 


- - - - - Cod of the species Gadus morhua



7,5 


5


 




0304 95 29 


- - - - - Other


7,5 


5


 




0304 95 30 


- - - - Haddock (Melanogrammus aeglefinus)


7,5 


5


 




0304 95 40 


- - - - Coalfish (Pollachius virens)


7,5 


5


 




0304 95 50 


- - - - Hake of the genus Merluccius spp.


7,5 


5


 




0304 95 60 


- - - - Blue whiting (Micromesistius poutassou, Gadus poutassou)


7,5 


5


 




0304 95 90 


- - - - Other


7,5 


5


 




0304 99 10 


- - - Surimi


14,2 


5


 




0304 99 21 


- - - - Freshwater fish


8


5


 




0304 99 29 


- - - - - Redfish (Sebastes spp.)


8


5


 




0304 99 55 


- - - - - Megrim (Lepidorhombus spp.)


15


5


 




0304 99 61 


- - - - - Ray's bream (Brama spp.)


15


5


 




0304 99 65 


- - - - - Monkfish (Lophius spp.)


7,5 


5


 




0304 99 99 


- - - - - Other


7,5 


5


 




0305 10 00 


- Flours, meals and pellets of fish, fit for human consumption


13


5


 




0305 20 00 


- Livers and roes of fish, dried, smoked, salted or in brine


11


5


 




0305 31 00 


- - Tilapia (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus carpio, Carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


16


5


 




0305 32 11 


- - - - Cod of the species Gadus macrocephalus



16


5


 




0305 32 19 


- - - - Other


20


5


 




0305 32 90 


- - - Other


16


5


 




0305 39 10 


- - - Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar), and Danube salmon (Hucho hucho), salted or in brine


15


5


 




0305 39 50 


- - - Lesser or Greenland halibut (Reinhardtius hippoglossoides), salted or in brine


15


5


 




0305 39 90 


- - - Other


16


5


 




0305 41 00 


- - Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


13


5


 




0305 42 00 


- - Herring (Clupea harengus, Clupea pallasii)


10


5


 




0305 43 00 


- - Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster)


14


5


 




0305 44 10 


- - - Eels (Anguilla spp.)


14


5


 




0305 44 90 


- - - Other


14


5


 




0305 49 10 


- - - Lesser or Greenland halibut (Reinhardtius hippoglossoides)


15


5


 




0305 49 20 


- - - Atlantic halibut (Hippoglossus hippoglossus)


16


5


 




0305 49 30 


- - - Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus)


14


5


 




0305 49 80 


- - - Other


14


5


 




0305 51 10 


- - - Dried, unsalted


13


5


 




0305 51 90 


- - - Dried, salted


13


5


 




0305 61 00 


- - Herring (Clupea harengus, Clupea pallasii)


12


5


 




0305 62 00 


- - Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)


13


5


 




0305 63 00 


- - Anchovies (Engraulis spp.)


10


5


 




0305 64 00 


- - Tilapia (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus carpio, Carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus), eels (Anguilla spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.)


12


5


 




0305 69 10 


- - - Fish of the species Boreogadus saida



13


5


 




0305 69 30 


- - - Atlantic halibut (Hippoglossus hippoglossus)


15


5


 




0305 69 50 


- - - Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho)


11


5


 




0305 69 80 


- - - Other


12


5


 




0305 71 10 


- - - Smoked


14


5


 




0306 11 05 


- - - Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared


20


5


 




0306 11 10 


- - - - Crawfish tails


12,5 


5


 




0306 11 90 


- - - - Other


12,5 


5


 




0306 12 10 


- - - - Whole


6


5


 




0306 12 90 


- - - - Other


16


5


 




0306 14 10 


- - - - Crabs of the species Paralithodes camchaticus, Chionoecetes spp. or Callinectes sapidus



7,5 


5


 




0306 14 30 


- - - - Crabs of the species Cancer pagurus



7,5 


5


 




0306 14 90 


- - - - Other


7,5 


5


 




0306 15 10 


- - - Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared


20


5


 




0306 15 90 


- - - Other


12


5


 




0306 16 91 


- - - - Shrimps of the species Crangon



18


5


 




0306 16 99 


- - - - Other


12


5


 




0306 17 91 


- - - - Deepwater rose shrimps (Parapenaeus longirostris)


12


5


 




0306 17 92 


- - - - Shrimps of the genus Penaeus



12


5


 




0306 17 93 


- - - - Shrimps of the family Pandalidae, other than of the genus Pandalus



12


5


 




0306 17 94 


- - - - Shrimps of the genus Crangon, other than of the species Crangon



18


5


 




0306 17 99 


- - - - Other


12


5


 




0306 19 05 


- - - Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared


20


5


 




0306 19 10 


- - - - Freshwater crayfish


7,5 


5


 




0306 19 90 


- - - - Other


12


5


 




0306 21 10 


- - - Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared


20


5


 




0306 21 90 


- - - Other


12,5 


5


 




0306 22 10 


- - - Live


8


5


 




0306 22 91 


- - - - - Whole


8


5


 




0306 22 99 


- - - - - Other


10


5


 




0306 24 30 


- - - - Crabs of the species Cancer pagurus



7,5 


5


 




0306 24 80 


- - - - Other


7,5 


5


 




0306 25 10 


- - - Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared


20


5


 




0306 25 90 


- - - Other


12


5


 




0306 26 90 


- - - - Other


12


5


 




0306 27 99 


- - - - Other


12


5


 




0306 29 05 


- - - Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared


20


5


 




0306 29 10 


- - - - Freshwater crayfish


7,5 


5


 




0306 29 90 


- - - - Other


12


5


 




0307 11 90 


- - - Other


9


5


 




0307 19 90 


- - - Other


9


5


 




0307 21 00 


- - Live, fresh or chilled


8


5


 




0307 29 10 


- - - - Coquilles St Jacques (Pecten maximus), frozen


8


5


 




0307 29 90 


- - - - Other


8


5


 




0307 31 10 


- - - Mytilus spp.


10


5


 




0307 31 90 


- - - Perna spp.


8


5


 




0307 39 10 


- - - - Mytilus spp.


10


5


 




0307 39 90 


- - - - Perna spp.


8


5


 




0307 41 10 


- - - Cuttle fish (Sepia officinalis, Rossia macrosoma, Sepiola spp.)


8


5


 




0307 41 91 


- - - - Loligo spp., Ommastrephes sagittatus



6


5


 




0307 41 99 


- - - - Other


8


5


 




0307 51 00 


- - Live, fresh or chilled


8


5


 




0307 59 10 


- - - - Frozen


8


5


 




0307 59 90 


- - - - Other


8


5


 




0307 71 00 


- - Live, fresh or chilled


11


5


 




0307 79 30 


- - - Striped venus or other species of the family Veneridae, frozen


8


5


 




0307 81 00 


- - Live, fresh or chilled


11


5


 




0307 91 00 


- - Live, fresh or chilled


11


5


 




0307 99 11 


- - - - Illex spp.


8


5


 




0308 11 00 


- - Live, fresh or chilled


11


5


 




0308 21 00 


- - Live, fresh or chilled


11


5


 




0308 30 10 


- - Live, fresh or chilled


11


5


 




0308 90 10 


- - Live, fresh or chilled


11


5


 




0401 10 10 


- - In immediate packings of a net content not exceeding two litres


13,8  €/100 kg/net


5


 




0401 10 90 


- - Other


12,9  €/100 kg/net


5


 




0401 20 11 


- - - In immediate packings of a net content not exceeding two litres


18,8  €/100 kg/net


5


 




0401 20 19 


- - - Other


17,9  €/100 kg/net


5


 




0401 20 91 


- - - In immediate packings of a net content not exceeding two litres


22,7  €/100 kg/net


5


 




0401 20 99 


- - - Other


21,8  €/100 kg/net


5


 




0401 40 10 


- - In immediate packings of a net content not exceeding two litres


57,5  €/100 kg/net


5


 




0401 40 90 


- - Other


56,6  €/100 kg/net


5


 




0401 50 11 


- - - In immediate packings of a net content not exceeding two litres


57,5  €/100 kg/net


5


 




0401 50 19 


- - - Other


56,6  €/100 kg/net


5


 




0401 50 31 


- - - In immediate packings of a net content not exceeding two litres


110 €/100 kg/net


5


 




0401 50 39 


- - - Other


109,1  €/100 kg/net


5


 




0401 50 91 


- - - In immediate packings of a net content not exceeding two litres


183,7  €/100 kg/net


5


 




0401 50 99 


- - - Other


182,8  €/100 kg/net


5


 




0402 10 11 


- - - In immediate packings of a net content not exceeding 2,5  kg


125,4  €/100 kg/net


5


 




0402 10 19 


- - - Other


118,8  €/100 kg/net


5


 




0402 10 91 


- - - In immediate packings of a net content not exceeding 2,5  kg


1,19  €/kg + 27,5  €/100 kg/net


5


 




0402 10 99 


- - - Other


1,19  €/kg + 21 €/100 kg/net


5


 




0402 21 11 


- - - - In immediate packings of a net content not exceeding 2,5  kg


135,7  €/100 kg/net


5


 




0402 21 18 


- - - - Other


130,4  €/100 kg/net


5


 




0402 21 91 


- - - - In immediate packings of a net content not exceeding 2,5  kg


167,2  €/100 kg/net


5


 




0402 21 99 


- - - - Other


161,9  €/100 kg/net


5


 




0402 29 11 


- - - - Special milk, for infants, in hermetically sealed containers of a net content not exceeding 500 g, of a fat content, by weight, exceeding 10 %


1,31  €/kg + 22 €/100 kg/net


5


 




0402 29 15 


- - - - - In immediate packings of a net content not exceeding 2,5  kg


1,31  €/kg + 22 €/100 kg/net


5


 




0402 29 19 


- - - - - Other


1,31  €/kg + 16,8  €/100 kg/net


5


 




0402 29 91 


- - - - In immediate packings of a net content not exceeding 2,5  kg


1,62  €/kg + 22 €/100 kg/net


5


 




0402 29 99 


- - - - Other


1,62  €/kg + 16,8  €/100 kg/net


5


 




0402 91 10 


- - - Of a fat content, by weight, not exceeding 8 %


34,7  €/100 kg/net


5


 




0402 91 30 


- - - Of a fat content, by weight, exceeding 8 % but not exceeding 10 %


43,4  €/100 kg/net


5


 




0402 91 51 


- - - - In immediate packings of a net content not exceeding 2,5  kg


110 €/100 kg/net


5


 




0402 91 59 


- - - - Other


109,1  €/100 kg/net


5


 




0402 91 91 


- - - - In immediate packings of a net content not exceeding 2,5  kg


183,7  €/100 kg/net


5


 




0402 91 99 


- - - - Other


182,8  €/100 kg/net


5


 




0402 99 10 


- - - Of a fat content, by weight, not exceeding 9,5  %


57,2  €/100 kg/net


5


 




0402 99 31 


- - - - In immediate packings of a net content not exceeding 2,5  kg


1,08  €/kg + 19,4  €/100 kg/net


5


 




0402 99 39 


- - - - Other


1,08  €/kg + 18,5  €/100 kg/net


5


 




0402 99 91 


- - - - In immediate packings of a net content not exceeding 2,5  kg


1,81  €/kg + 19,4  €/100 kg/net


5


 




0402 99 99 


- - - - Other


1,81  €/kg + 18,5  €/100 kg/net


5


 




0403 10 11 


- - - - Not exceeding 3 %


20,5  €/100 kg/net


5


 




0403 10 13 


- - - - Exceeding 3 % but not exceeding 6 %


24,4  €/100 kg/net


5


 




0403 10 19 


- - - - Exceeding 6 %


59,2  €/100 kg/net


5


 




0403 10 31 


- - - - Not exceeding 3 %


0,17  €/kg + 21,1  €/100 kg/net


5


 




0403 10 33 


- - - - Exceeding 3 % but not exceeding 6 %


0,20  €/kg + 21,1  €/100 kg/net


5


 




0403 10 39 


- - - - Exceeding 6 %


0,54  €/kg + 21,1  €/100 kg/net


5


 




0403 10 51 


- - - - Not exceeding 1,5  %


8,3  + 95 €/100 kg/net


5


 




0403 10 53 


- - - - Exceeding 1,5  % but not exceeding 27 %


8,3  + 130,4  €/100 kg/net


5


 




0403 10 59 


- - - - Exceeding 27 %


8,3  + 168,8  €/100 kg/net


5


 




0403 10 91 


- - - - Not exceeding 3 %


8,3  + 12,4  €/100 kg/net


5


 




0403 10 93 


- - - - Exceeding 3 % but not exceeding 6 %


8,3  + 17,1  €/100 kg/net


5


 




0403 10 99 


- - - - Exceeding 6 %


8,3  + 26,6  €/100 kg/net


5


 




0403 90 11 


- - - - - Not exceeding 1,5  %


100,4  €/100 kg/net


5


 




0403 90 13 


- - - - - Exceeding 1,5  % but not exceeding 27 %


135,7  €/100 kg/net


5


 




0403 90 19 


- - - - - Exceeding 27 %


167,2  €/100 kg/net


5


 




0403 90 31 


- - - - - Not exceeding 1,5  %


0,95  €/kg + 22 €/100 kg/net


5


 




0403 90 33 


- - - - - Exceeding 1,5  % but not exceeding 27 %


1,31  €/kg + 22 €/100 kg/net


5


 




0403 90 39 


- - - - - Exceeding 27 %


1,62  €/kg + 22 €/100 kg/net


5


 




0403 90 51 


- - - - - Not exceeding 3 %


20,5  €/100 kg/net


5


 




0403 90 53 


- - - - - Exceeding 3 % but not exceeding 6 %


24,4  €/100 kg/net


5


 




0403 90 59 


- - - - - Exceeding 6 %


59,2  €/100 kg/net


5


 




0403 90 61 


- - - - - Not exceeding 3 %


0,17  €/kg + 21,1  €/100 kg/net


5


 




0403 90 63 


- - - - - Exceeding 3 % but not exceeding 6 %


0,20  €/kg + 21,1  €/100 kg/net


5


 




0403 90 69 


- - - - - Exceeding 6 %


0,54  €/kg + 21,1  €/100 kg/net


5


 




0403 90 71 


- - - - Not exceeding 1,5  %


8,3  + 95 €/100 kg/net


5


 




0403 90 73 


- - - - Exceeding 1,5  % but not exceeding 27 %


8,3  + 130,4  €/100 kg/net


5


 




0403 90 79 


- - - - Exceeding 27 %


8,3  + 168,8  €/100 kg/net


5


 




0403 90 91 


- - - - Not exceeding 3 %


8,3  + 12,4  €/100 kg/net


5


 




0403 90 93 


- - - - Exceeding 3 % but not exceeding 6 %


8,3  + 17,1  €/100 kg/net


5


 




0403 90 99 


- - - - Exceeding 6 %


8,3  + 26,6  €/100 kg/net


5


 




0404 10 02 


- - - - - Not exceeding 1,5  %


7 €/100 kg/net


5


 




0404 10 04 


- - - - - Exceeding 1,5  % but not exceeding 27 %


135,7  €/100 kg/net


5


 




0404 10 06 


- - - - - Exceeding 27 %


167,2  €/100 kg/net


5


 




0404 10 12 


- - - - - Not exceeding 1,5  %


100,4  €/100 kg/net


5


 




0404 10 14 


- - - - - Exceeding 1,5  % but not exceeding 27 %


135,7  €/100 kg/net


5


 




0404 10 16 


- - - - - Exceeding 27 %


167,2  €/100 kg/net


5


 




0404 10 26 


- - - - - Not exceeding 1,5  %


0,07  €/kg/net + 16,8  €/100 kg/net


5


 




0404 10 28 


- - - - - Exceeding 1,5  % but not exceeding 27 %


1,31  €/kg/net + 22 €/100 kg/net


5


 




0404 10 32 


- - - - - Exceeding 27 %


1,62  €/kg/net + 22 €/100 kg/net


5


 




0404 10 34 


- - - - - Not exceeding 1,5  %


0,95  €/kg/net + 22 €/100 kg/net


5


 




0404 10 36 


- - - - - Exceeding 1,5  % but not exceeding 27 %


1,31  €/kg/net + 22 €/100 kg/net


5


 




0404 10 38 


- - - - - Exceeding 27 %


1,62  €/kg/net + 22 €/100 kg/net


5


 




0404 10 48 


- - - - - Not exceeding 1,5  %


0,07  €/kg/net


5


 




0404 10 52 


- - - - - Exceeding 1,5  % but not exceeding 27 %


135,7  €/100 kg/net


5


 




0404 10 54 


- - - - - Exceeding 27 %


167,2  €/100 kg/net


5


 




0404 10 56 


- - - - - Not exceeding 1,5  %


100,4  €/100 kg/net


5


 




0404 10 58 


- - - - - Exceeding 1,5  % but not exceeding 27 %


135,7  €/100 kg/net


5


 




0404 10 62 


- - - - - Exceeding 27 %


167,2  €/100 kg/net


5


 




0404 10 72 


- - - - - Not exceeding 1,5  %


0,07  €/kg/net + 16,8  €/100 kg/net


5


 




0404 10 74 


- - - - - Exceeding 1,5  % but not exceeding 27 %


1,31  €/kg/net + 22 €/100 kg/net


5


 




0404 10 76 


- - - - - Exceeding 27 %


1,62  €/kg/net + 22 €/100 kg/net


5


 




0404 10 78 


- - - - - Not exceeding 1,5  %


0,95  €/kg/net + 22 €/100 kg/net


5


 




0404 10 82 


- - - - - Exceeding 1,5  % but not exceeding 27 %


1,31  €/kg/net + 22 €/100 kg/net


5


 




0404 10 84 


- - - - - Exceeding 27 %


1,62  €/kg/net + 22 €/100 kg/net


5


 




0404 90 21 


- - - Not exceeding 1,5  %


100,4  €/100 kg/net


5


 




0404 90 23 


- - - Exceeding 1,5  % but not exceeding 27 %


135,7  €/100 kg/net


5


 




0404 90 29 


- - - Exceeding 27 %


167,2  €/100 kg/net


5


 




0404 90 81 


- - - Not exceeding 1,5  %


0,95  €/kg/net + 22 €/100 kg/net


5


 




0404 90 83 


- - - Exceeding 1,5  % but not exceeding 27 %


1,31  €/kg/net + 22 €/100 kg/net


5


 




0404 90 89 


- - - Exceeding 27 %


1,62  €/kg/net + 22 €/100 kg/net


5


 




0405 10 11 


- - - - In immediate packings of a net content not exceeding 1 kg


189,6  €/100 kg/net


5


 




0405 10 19 


- - - - Other


189,6  €/100 kg/net


5


 




0405 10 30 


- - - Recombined butter


189,6  €/100 kg/net


5


 




0405 10 50 


- - - Whey butter


189,6  €/100 kg/net


5


 




0405 10 90 


- - Other


231,3  €/100 kg/net


5


 




0405 20 10 


- - Of a fat content, by weight, of 39 % or more but less than 60 %


9 + EA


5


 




0405 20 30 


- - Of a fat content, by weight, of 60 % or more but not exceeding 75 %


9 + EA


5


 




0405 20 90 


- - Of a fat content, by weight, of more than 75 % but less than 80 %


189,6  €/100 kg/net


5


 




0405 90 10 


- - Of a fat content, by weight, of 99,3  % or more and of a water content, by weight, not exceeding 0,5  %


231,3  €/100 kg/net


5


 




0405 90 90 


- - Other


231,3  €/100 kg/net


5


 




0406 90 86 


- - - - - - - - Exceeding 47 % but not exceeding 52 %


151 €/100 kg/net


5


 




0406 90 87 


- - - - - - - - Exceeding 52 % but not exceeding 62 %


151 €/100 kg/net


5


 




0406 90 88 


- - - - - - - - Exceeding 62 % but not exceeding 72 %


151 €/100 kg/net


5


 




0406 90 93 


- - - - - - Exceeding 72 %


185,2  €/100 kg/net


5


 




0406 90 99 


- - - - - Other


221,2  €/100 kg/net


5


 




0407 11 00 


- - Of fowls of the species Gallus domesticus



35 €/1 000  p/st


5


 




0407 19 11 


- - - - Of turkeys or geese


105 €/1 000  p/st


5


 




0407 19 19 


- - - - Other


35 €/1 000  p/st


5


 




0407 21 00 


- - Of fowls of the species Gallus domesticus



30,4  €/100 kg/net


5


 




0407 29 10 


- - - Of poultry, other than of fowls of the species Gallus domesticus



30,4  €/100 kg/net


5


 




0407 90 10 


- - Of poultry


30,4  €/100 kg/net


5


 




0408 11 80 


- - - Other


142,3  €/100 kg/net


5


 




0408 19 81 


- - - - Liquid


62 €/100 kg/net


5


 




0408 19 89 


- - - - Other, including frozen


66,3  €/100 kg/net


5


 




0408 91 80 


- - - Other


137,4  €/100 kg/net


5


 




0408 99 80 


- - - Other


35,3  €/100 kg/net


5


 




0409 00 00 


Natural honey


17,3 


3


 




0602 90 10 


- - Mushroom spawn


8,3 


3


 




0602 90 50 


- - - - Other outdoor plants


8,3 


3


 




0602 90 99 


- - - - - Other


6,5 


3


 




0604 90 99 


- - - Other


10,9 


3


 




0702 00 00 


Tomatoes, fresh or chilled


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0703 20 00 


- Garlic


9,6  + 120 €/100 kg/net


5


 




0704 90 10 


- - White cabbages and red cabbages


12 MIN 0,4  €/100 kg/net


5


 




0707 00 05 


- Cucumbers


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0709 91 00 


- - Globe artichokes


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0709 92 90 


- - - Other


13,1  €/100 kg/net


5


 




0709 93 10 


- - - Courgettes


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0710 40 00 


- Sweetcorn


5,1  + 9,4  €/100 kg/net


5


 




0711 20 90 


- - Other


13,1  €/100 kg/net


5


 




0711 51 00 


- - Mushrooms of the genus Agaricus



9,6  + 191 €/100 kg/net eda


5


 




0711 90 30 


- - - Sweetcorn


5,1  + 9,4  €/100 kg/net


5


 




0712 90 19 


- - - Other


9,4  €/100 kg/net


5


 




0714 10 00 


- Manioc (cassava)


9,5  €/100 kg/net


5


 




0714 20 90 


- - Other


6,4  €/100 kg/net


5


 




0714 30 00 


- Yams (Dioscorea spp.)


9,5  €/100 kg/net


5


 




0714 40 00 


- Taro (Colocasia spp.)


9,5  €/100 kg/net


5


 




0714 50 00 


- Yautia (Xanthosoma spp.)


9,5  €/100 kg/net


5


 




0714 90 20 


- - Arrowroot, salep and similar roots and tubers with high starch content


9,5  €/100 kg/net


5


 




0802 11 90 


- - - Other


5,6 


3


 




0803 90 10 


- - Fresh


176 €/1 000  kg/net


5


 




0805 10 20 


- - Sweet oranges, fresh


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0805 20 10 


- - Clementines


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0805 20 30 


- - Monreales and satsumas


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0805 20 50 


- - Mandarins and wilkings


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0805 20 70 


- - Tangerines


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0805 20 90 


- - Other


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0805 50 10 


- - Lemons (Citrus limon, Citrus limonum)


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0806 10 10 


- - Table grapes


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0808 10 10 


- - Cider apples, in bulk, from 16 September to 15 December


7,2  MIN 0,36  €/100 kg/net


5


 




0808 10 80 


- - Other


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0808 30 10 


- - Perry pears, in bulk, from 1 August to 31 December


7,2  MIN 0,36  €/100 kg/net


5


 




0808 30 90 


- - Other


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0809 10 00 


- Apricots


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0809 21 00 


- - Sour cherries (Prunus cerasus)


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0809 29 00 


- - Other


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0809 30 10 


- - Nectarines


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0809 30 90 


- - Other


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0809 40 05 


- - Plums


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




0811 10 11 


- - - With a sugar content exceeding 13 % by weight


20,8  + 8,4  €/100 kg/net


5


 




0811 20 11 


- - - With a sugar content exceeding 13 % by weight


20,8  + 8,4  €/100 kg/net


5


 




0811 90 11 


- - - - Tropical fruit and tropical nuts


13 + 5,3  €/100 kg/net


5


 




0811 90 19 


- - - - Other


20,8  + 8,4  €/100 kg/net


5


 




1001 11 00 


- - Seed


148 €/t


5


 




1001 19 00 


- - Other


148 €/t


5


 




1001 91 20 


- - - Common wheat and meslin


95 €/t


5


 




1001 91 90 


- - - Other


95 €/t


5


 




1001 99 00 


- - Other


95 €/t


5


 




1002 10 00 


- Seed


93 €/t


5


 




1002 90 00 


- Other


93 €/t


5


 




1003 10 00 


- Seed


93 €/t


5


 




1003 90 00 


- Other


93 €/t


5


 




1004 10 00 


- Seed


89 €/t


5


 




1004 90 00 


- Other


89 €/t


5


 




1005 10 90 


- - Other


94 €/t


5


 




1005 90 00 


- Other


94 €/t


5


 




1006 10 10 


- - For sowing


7,7 


3


 




1006 10 21 


- - - - Round grain


211 €/t


5


 




1006 10 23 


- - - - Medium grain


211 €/t


5


 




1006 10 25 


- - - - - Of a length/width ratio greater than 2 but less than 3


211 €/t


5


 




1006 10 27 


- - - - - Of a length/width ratio equal to or greater than 3


211 €/t


5


 




1006 10 92 


- - - - Round grain


211 €/t


5


 




1006 10 94 


- - - - Medium grain


211 €/t


5


 




1006 10 96 


- - - - - Of a length/width ratio greater than 2 but less than 3


211 €/t


5


 




1006 10 98 


- - - - - Of a length/width ratio equal to or greater than 3


211 €/t


5


 




1006 20 11 


- - - Round grain


65 €/t


5


 




1006 20 13 


- - - Medium grain


65 €/t


5


 




1006 20 15 


- - - - Of a length/width ratio greater than 2 but less than 3


65 €/t


5


 




1006 20 17 


- - - - Of a length/width ratio equal to or greater than 3


65 €/t


5


 




1006 20 92 


- - - Round grain


65 €/t


5


 




1006 20 94 


- - - Medium grain


65 €/t


5


 




1006 20 96 


- - - - Of a length/width ratio greater than 2 but less than 3


65 €/t


5


 




1006 20 98 


- - - - Of a length/width ratio equal to or greater than 3


65 €/t


5


 




1006 30 21 


- - - - Round grain


175 €/t


5


 




1006 30 23 


- - - - Medium grain


175 €/t


5


 




1006 30 25 


- - - - - Of a length/width ratio greater than 2 but less than 3


175 €/t


5


 




1006 30 27 


- - - - - Of a length/width ratio equal to or greater than 3


175 €/t


5


 




1006 30 42 


- - - - Round grain


175 €/t


5


 




1006 30 44 


- - - - Medium grain


175 €/t


5


 




1006 30 46 


- - - - - Of a length/width ratio greater than 2 but less than 3


175 €/t


5


 




1006 30 48 


- - - - - Of a length/width ratio equal to or greater than 3


175 €/t


5


 




1006 30 61 


- - - - Round grain


175 €/t


5


 




1006 30 63 


- - - - Medium grain


175 €/t


5


 




1006 30 65 


- - - - - Of a length/width ratio greater than 2 but less than 3


175 €/t


5


 




1006 30 67 


- - - - - Of a length/width ratio equal to or greater than 3


175 €/t


5


 




1006 30 92 


- - - - Round grain


175 €/t


5


 




1006 30 94 


- - - - Medium grain


175 €/t


5


 




1006 30 96 


- - - - - Of a length/width ratio greater than 2 but less than 3


175 €/t


5


 




1006 30 98 


- - - - - Of a length/width ratio equal to or greater than


175 €/t


5


 




1006 40 00 


- Broken rice


128 €/t


5


 




1007 10 90 


- - Other


94 €/t


5


 




1007 90 00 


- Other


94 €/t


5


 




1008 10 00 


- Buckwheat


37 €/t


5


 




1008 21 00 


- - Seed


56 €/t


5


 




1008 29 00 


- - Other


56 €/t


5


 




1008 40 00 


- Fonio (Digitaria spp.)


37 €/t


5


 




1008 50 00 


- Quinoa (Chenopodium quinoa)


37 €/t


5


 




1008 60 00 


- Triticale


93 €/t


5


 




1008 90 00 


- Other cereals


37 €/t


5


 




1101 00 11 


- - Of durum wheat


172 €/t


5


 




1101 00 15 


- - Of common wheat and spelt


172 €/t


5


 




1101 00 90 


- Meslin flour


172 €/t


5


 




1102 20 10 


- - Of a fat content not exceeding 1,5  % by weight


173 €/t


5


 




1102 20 90 


- - Other


98 €/t


5


 




1102 90 10 


- - Barley flour


171 €/t


5


 




1102 90 30 


- - Oat flour


164 €/t


5


 




1102 90 50 


- - Rice flour


138 €/t


5


 




1102 90 70 


- - Rye flour


168 €/t


5


 




1102 90 90 


- - Other


98 €/t


5


 




1103 11 10 


- - - Durum wheat


267 €/t


5


 




1103 11 90 


- - - Common wheat and spelt


186 €/t


5


 




1103 13 10 


- - - Of a fat content not exceeding 1,5  % by weight


173 €/t


5


 




1103 13 90 


- - - Other


98 €/t


5


 




1103 19 20 


- - - Of rye or barley


171 €/t


5


 




1103 19 40 


- - - Of oats


164 €/t


5


 




1103 19 50 


- - - Of rice


138 €/t


5


 




1103 19 90 


- - - Other


98 €/t


5


 




1103 20 25 


- - Of rye or barley


171 €/t


5


 




1103 20 30 


- - Of oats


164 €/t


5


 




1103 20 40 


- - Of maize


173 €/t


5


 




1103 20 50 


- - Of rice


138 €/t


5


 




1103 20 60 


- - Of wheat


175 €/t


5


 




1103 20 90 


- - Other


98 €/t


5


 




1104 12 10 


- - - Rolled


93 €/t


5


 




1104 12 90 


- - - Flaked


182 €/t


5


 




1104 19 10 


- - - Of wheat


175 €/t


5


 




1104 19 30 


- - - Of rye


171 €/t


5


 




1104 19 50 


- - - Of maize


173 €/t


5


 




1104 19 61 


- - - - Rolled


97 €/t


5


 




1104 19 69 


- - - - Flaked


189 €/t


5


 




1104 19 91 


- - - - Flaked rice


234 €/t


5


 




1104 19 99 


- - - - Other


173 €/t


5


 




1104 22 40 


- - - Hulled (shelled or husked), whether or not sliced or kibbled


162 €/t


5


 




1104 22 50 


- - - Pearled


145 €/t


5


 




1104 22 95 


- - - Other


93 €/t


5


 




1104 23 40 


- - - Hulled (shelled or husked), whether or not sliced or kibbled; pearled


152 €/t


5


 




1104 23 98 


- - - Other


98 €/t


5


 




1104 29 04 


- - - - Hulled (shelled or husked), whether or not sliced or kibbled


150 €/t


5


 




1104 29 05 


- - - - Pearled


236 €/t


5


 




1104 29 08 


- - - - Other


97 €/t


5


 




1104 29 17 


- - - - Hulled (shelled or husked), whether or not sliced or kibbled


129 €/t


5


 




1104 29 30 


- - - - Pearled


154 €/t


5


 




1104 29 51 


- - - - - Of wheat


99 €/t


5


 




1104 29 55 


- - - - - Of rye


97 €/t


5


 




1104 29 59 


- - - - - Other


98 €/t


5


 




1104 29 81 


- - - - - Of wheat


99 €/t


5


 




1104 29 85 


- - - - - Of rye


97 €/t


5


 




1104 29 89 


- - - - - Other


98 €/t


5


 




1104 30 10 


- - Of wheat


76 €/t


5


 




1104 30 90 


- - Of other cereals


75 €/t


5


 




1106 10 00 


- Of the dried leguminous vegetables of heading 0713 


7,7 


3


 




1106 20 10 


- - Denatured


95 €/t


5


 




1106 20 90 


- - Other


166 €/t


5


 




1107 10 11 


- - - In the form of flour


177 €/t


5


 




1107 10 19 


- - - Other


134 €/t


5


 




1107 10 91 


- - - In the form of flour


173 €/t


5


 




1107 10 99 


- - - Other


131 €/t


5


 




1107 20 00 


- Roasted


152 €/t


5


 




1108 11 00 


- - Wheat starch


224 €/t


5


 




1108 12 00 


- - Maize (corn) starch


166 €/t


5


 




1108 13 00 


- - Potato starch


166 €/t


5


 




1108 14 00 


- - Manioc (cassava) starch


166 €/t


5


 




1108 19 10 


- - - Rice starch


216 €/t


5


 




1108 19 90 


- - - Other


166 €/t


5


 




1109 00 00 


Wheat gluten, whether or not dried


512 €/t


5


 




1209 10 00 


- Sugar beet seeds


8,3 


3


 




1212 91 20 


- - - Dried, whether or not ground


23 €/100 kg/net


5


 




1212 91 80 


- - - Other


6,7  €/100 kg/net


5


 




1212 93 00 


- - Sugar cane


4,6  €/100 kg/net


5


 




1212 99 49 


- - - - Other


5,8 


3


 




1501 10 90 


- - Other


17,2  €/100 kg/net


5


 




1501 20 90 


- - Other


17,2  €/100 kg/net


5


 




1509 10 10 


- - Lampante olive oil


122,6  €/100 kg/net


5


 




1509 10 90 


- - Other


124,5  €/100 kg/net


5


 




1509 90 00 


- Other


134,6  €/100 kg/net


5


 




1510 00 10 


- Crude oils


110,2  €/100 kg/net


5


 




1510 00 90 


- Other


160,3  €/100 kg/net


5


 




1511 90 11 


- - - In immediate packings of a net content not exceeding 1 kg


12,8 


3


 




1511 90 19 


- - - Other


10,9 


3


 




1511 90 91 


- - - For technical or industrial uses other than the manufacture of foodstuffs for human consumption


5,1 


3


 




1511 90 99 


- - - Other


9


3


 




1513 21 30 


- - - - In immediate packings of a net content not exceeding 1 kg


12,8 


3


 




1513 21 90 


- - - - Other


6,4 


3


 




1513 29 11 


- - - - In immediate packings of a net content not exceeding 1 kg


12,8 


3


 




1513 29 19 


- - - - Other


10,9 


3


 




1513 29 30 


- - - - For technical or industrial uses other than the manufacture of foodstuffs for human consumption


5,1 


3


 




1513 29 50 


- - - - - In immediate packings of a net content not exceeding 1 kg


12,8 


3


 




1513 29 90 


- - - - - Other


9,6 


3


 




1517 10 10 


- - Containing, by weight, more than 10 % but not more than 15 % of milkfats


8,3  + 28,4  €/100 kg/net


5


 




1517 90 10 


- - Containing, by weight, more than 10 % but not more than 15 % of milkfats


8,3  + 28,4  €/100 kg/net


5


 




1522 00 31 


- - - Soapstocks


29,9  €/100 kg/net


5


 




1522 00 39 


- - - Other


47,8  €/100 kg/net


5


 




1601 00 91 


- - Sausages, dry or for spreading, uncooked


149,4  €/100 kg/net


5


 




1601 00 99 


- - Other


100,5  €/100 kg/net


5


 




1602 10 00 


- Homogenised preparations


16,6 


3


 




1602 20 10 


- - Goose or duck liver


10,2 


3


 




1602 20 90 


- - Other


16


3


 




1602 31 11 


- - - - Containing exclusively uncooked turkey meat


102,4  €/100 kg/net


3


 




1602 31 19 


- - - - Other


102,4  €/100 kg/net


3


 




1602 31 80 


- - - Other


102,4  €/100 kg/net


3


 




1602 32 11 


- - - - Uncooked


86,7  €/100 kg/net


3


 




1602 32 19 


- - - - Other


102,4  €/100 kg/net


3


 




1602 32 30 


- - - Containing 25 % or more but less than 57 % by weight of poultry meat or offal


10,9 


3


 




1602 32 90 


- - - Other


10,9 


3


 




1602 39 21 


- - - - Uncooked


86,7  €/100 kg/net


3


 




1602 39 29 


- - - - Other


10,9 


3


 




1602 39 85 


- - - Other


10,9 


3


 




1602 41 10 


- - - Of domestic swine


156,8  €/100 kg/net


5


 




1602 42 10 


- - - Of domestic swine


129,3  €/100 kg/net


5


 




1602 49 11 


- - - - - Loins (excluding collars) and cuts thereof, including mixtures of loins or hams


156,8  €/100 kg/net


5


 




1602 49 13 


- - - - - Collars and cuts thereof, including mixtures of collars and shoulders


129,3  €/100 kg/net


5


 




1602 49 15 


- - - - - Other mixtures containing hams (legs), shoulders, loins or collars, and cuts thereof


129,3  €/100 kg/net


5


 




1602 49 19 


- - - - - Other


85,7  €/100 kg/net


5


 




1602 49 30 


- - - - Containing by weight 40 % or more but less than 80 % of meat or meat offal, of any kind, including fats of any kind or origin


75 €/100 kg/net


5


 




1602 49 50 


- - - - Containing by weight less than 40 % of meat or meat offal, of any kind, including fats of any kind or origin


54,3  €/100 kg/net


5


 




1602 50 10 


- - Uncooked; mixtures of cooked meat or offal and uncooked meat or offal


303,4  €/100 kg/net


5


 




1602 90 51 


- - - - Containing meat or meat offal of domestic swine


85,7  €/100 kg/net


5


 




1602 90 61 


- - - - - - Uncooked; mixtures of cooked meat or offal and uncooked meat or offal


303,4  €/100 kg/net


5


 




1604 11 00 


- - Salmon


5,5 


5


 




1604 12 10 


- - - Fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen


15


5


 




1604 12 91 


- - - - In airtight containers


20


5


 




1604 12 99 


- - - - Other


20


5


 




1604 13 11 


- - - - In olive oil


12,5 


5


 




1604 13 19 


- - - - Other


12,5 


5


 




1604 13 90 


- - - Other


12,5 


5


 




1604 14 11 


- - - - In vegetable oil


24


X


 




1604 14 16 


- - - - - Fillets known as ‘loins’


24


X


 




1604 14 18 


- - - - - Other


24


X


 




1604 14 90 


- - - Bonito (Sarda spp.)


25


X


 




1604 15 11 


- - - - Fillets


25


5


 




1604 15 19 


- - - - Other


25


5


 




1604 15 90 


- - - Of the species Scomber australasicus



20


5


 




1604 16 00 


- - Anchovies


25


5


 




1604 17 00 


- - Eels


20


5


 




1604 19 10 


- - - Salmonidae, other than salmon


7


5


 




1604 19 31 


- - - - Fillets known as ‘loins’


24


5


 




1604 19 39 


- - - - Other


24


5


 




1604 19 50 


- - - Fish of the species Orcynopsis unicolor



12,5 


5


 




1604 19 91 


- - - - Fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen


7,5 


5


 




1604 19 92 


- - - - - Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus)


20


5


 




1604 19 93 


- - - - - Coalfish (Pollachius virens)


20


5


 




1604 19 94 


- - - - - Hake (Merluccius spp., Urophycis spp.)


20


5


 




1604 19 95 


- - - - - Alaska pollack (Theragra chalcogramma) and pollack (Pollachius pollachius)


20


5


 




1604 19 97 


- - - - - Other


20


5


 




1604 20 05 


- - Preparations of surimi


20


X


 




1604 20 10 


- - - Of salmon


5,5 


5


 




1604 20 70 


- - - Of tuna, skipjack or other fish of the genus Euthynnus



24


X


 




1604 31 00 


- - Caviar


20


5


 




1604 32 00 


- - Caviar substitutes


20


5


 




1605 40 00 


- Other crustaceans


20


5


 




1701 12 10 


- - - For refining


33,9  €/100 kg/net


5


 




1701 12 90 


- - - Other


41,9  €/100 kg/net


5


 




1701 13 10 


- - - For refining


33,9  €/100 kg/net


5


 




1701 13 90 


- - - Other


41,9  €/100 kg/net


5


 




1701 14 10 


- - - For refining


33,9  €/100 kg/net


5


 




1701 14 90 


- - - Other


41,9  €/100 kg/net


5


 




1701 91 00 


- - Containing added flavouring or colouring matter


41,9  €/100 kg/net


5


 




1701 99 10 


- - - White sugar


41,9  €/100 kg/net


5


 




1701 99 90 


- - - Other


41,9  €/100 kg/net


5


 




1702 11 00 


- - Containing by weight 99 % or more lactose, expressed as anhydrous lactose, calculated on the dry matter


14 €/100 kg/net


5


 




1702 19 00 


- - Other


14 €/100 kg/net


5


 




1702 20 10 


- - Maple sugar in solid form, containing added flavouring or colouring matter


0,4  €/100 kg/net (per 1 % by weight of sucrose.)


5


 




1702 30 10 


- - Isoglucose


50,7  €/100 kg/net mas


5


 




1702 30 50 


- - - In the form of white crystalline powder, whether or not agglomerated


26,8  €/100 kg/net


5


 




1702 30 90 


- - - Other


20 €/100 kg/net


5


 




1702 40 10 


- - Isoglucose


50,7  €/100 kg/net mas


5


 




1702 40 90 


- - Other


20 €/100 kg/net


5


 




1702 50 00 


- Chemically pure fructose


16 + 50,7  €/100 kg/net mas


X


 




1702 60 10 


- - Isoglucose


50,7  €/100 kg/net mas


5


 




1702 60 80 


- - Inulin syrup


0,4  €/100 kg/net (per 1 % by weight of sucrose.)


5


 




1702 60 95 


- - Other


0,4  €/100 kg/net (per 1 % by weight of sucrose.)


5


 




1702 90 30 


- - Isoglucose


50,7  €/100 kg/net mas


5


 




1702 90 50 


- - Maltodextrine and maltodextrine syrup


20 €/100 kg/net


5


 




1702 90 71 


- - - Containing 50 % or more by weight of sucrose in the dry matter


0,4  €/100 kg/net (per 1 % by weight of sucrose.)


5


 




1702 90 75 


- - - - In the form of powder, whether or not agglomerated


27,7  €/100 kg/net


5


 




1702 90 79 


- - - - Other


19,2  €/100 kg/net


5


 




1702 90 80 


- - Inulin syrup


0,4  €/100 kg/net (per 1 % by weight of sucrose.)


5


 




1702 90 95 


- - Other


0,4  €/100 kg/net (per 1 % by weight of sucrose.)


5


 




1704 10 10 


- - Containing less than 60 % by weight of sucrose (including invert sugar expressed as sucrose)


6,2  + 27,1  €/100 kg/net MAX 17,9 


5


 




1704 10 90 


- - Containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose)


6,3  + 30,9  €/100 kg/net MAX 18,2 


5


 




1704 90 10 


- - Liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances


13,4 


5


 




1704 90 30 


- - White chocolate


9,1  + 45,1  €/100 kg/net MAX 18,9  + 16,5  €/100 kg/net


5


 




1704 90 51 


- - - Pastes, including marzipan, in immediate packings of a net content of 1 kg or more


9 + EA MAX 18,7  + AD S/Z


5


 




1704 90 55 


- - - Throat pastilles and cough drops


9 + EA MAX 18,7  + AD S/Z


5


 




1704 90 61 


- - - Sugar-coated (panned) goods


9 + EA MAX 18,7  + AD S/Z


5


 




1704 90 65 


- - - - Gum confectionery and jelly confectionery, including fruit pastes in the form of sugar confectionery


9 + EA MAX 18,7  + AD S/Z


5


 




1704 90 71 


- - - - Boiled sweets, whether or not filled


9 + EA MAX 18,7  + AD S/Z


5


 




1704 90 75 


- - - - Toffees, caramels and similar sweets


9 + EA MAX 18,7  + AD S/Z


5


 




1704 90 81 


- - - - - Compressed tablets


9 + EA MAX 18,7  + AD S/Z


5


 




1704 90 99 


- - - - - Other


9 + EA MAX 18,7  + AD S/Z


X


 




1803 10 00 


- Not defatted


9,6 


5


 




1803 20 00 


- Wholly or partly defatted


9,6 


5


 




1804 00 00 


Cocoa butter, fat and oil


7,7 


5


 




1805 00 00 


Cocoa powder, not containing added sugar or other sweetening matter


8


5


 




1806 10 15 


- - Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose


8


5


 




1806 10 20 


- - Containing 5 % or more but less than 65 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose


8 + 25,2  €/100 kg/net


5


 




1806 10 30 


- - Containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose


8 + 31,4  €/100 kg/net


3


 




1806 10 90 


- - Containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose


8 + 41,9  €/100 kg/net


3


 




1806 20 10 


- - Containing 31 % or more by weight of cocoa butter or containing a combined weight of 31 % or more of cocoa butter and milkfat


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 20 30 


- - Containing a combined weight of 25 % or more, but less than 31 % of cocoa butter and milkfat


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 20 50 


- - - Containing 18 % or more by weight of cocoa butter


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 20 70 


- - - Chocolate milk crumb


15,4  + EA


5


 




1806 20 80 


- - - Chocolate flavour coating


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 20 95 


- - - Other


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 31 00 


- - Filled


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 32 10 


- - - With added cereal, fruit or nuts


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 32 90 


- - - Other


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 90 11 


- - - - Containing alcohol


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 90 19 


- - - - Other


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 90 31 


- - - - Filled


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 90 39 


- - - - Not filled


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 90 50 


- - Sugar confectionery and substitutes therefor made from sugar substitution products, containing cocoa


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 90 60 


- - Spreads containing cocoa


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 90 70 


- - Preparations containing cocoa for making beverages


8,3  + EA MAX 18,7  + AD S/Z


5


 




1806 90 90 


- - Other


8,3  + EA MAX 18,7  + AD S/Z


5


 




1901 10 00 


- Preparations for infant use, put up for retail sale


7,6  + EA


5


 




1901 20 00 


- Mixes and doughs for the preparation of bakers' wares of heading 1905 


7,6  + EA


3


 




1901 90 11 


- - - With a dry extract content of 90 % or more by weight


5,1  + 18 €/100 kg/net


3


 




1901 90 19 


- - - Other


5,1  + 14,7  €/100 kg/net


3


 




1901 90 91 


- - - Containing no milkfats, sucrose, isoglucose, glucose or starch or containing less than 1,5  % milkfat, 5 % sucrose (including invert sugar) or isoglucose, 5 % glucose or starch, excluding food preparations in powder form of goods of headings 0401  to 0404 


12,8 


3


 




1901 90 99 


- - - Other


7,6  + EA


5


 




1902 11 00 


- - Containing eggs


7,7  + 24,6  €/100 kg/net


5


 




1902 19 10 


- - - Containing no common wheat flour or meal


7,7  + 24,6  €/100 kg/net


3


 




1902 19 90 


- - - Other


7,7  + 21,1  €/100 kg/net


3


 




1902 20 10 


- - Containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates


8,5 


3


 




1902 20 30 


- - Containing more than 20 % by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin


54,3  €/100 kg/net


3


 




1902 20 91 


- - - Cooked


8,3  + 6,1  €/100 kg/net


3


 




1902 20 99 


- - - Other


8,3  + 17,1  €/100 kg/net


3


 




1902 30 10 


- - Dried


6,4  + 24,6  €/100 kg/net


3


 




1902 30 90 


- - Other


6,4  + 9,7  €/100 kg/net


3


 




1902 40 10 


- - Unprepared


7,7  + 24,6  €/100 kg/net


5


 




1902 40 90 


- - Other


6,4  + 9,7  €/100 kg/net


5


 




1903 00 00 


Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms


6,4  + 15,1  €/100 kg/net


5


 




1904 10 10 


- - Obtained from maize


3,8  + 20 €/100 kg/net


5


 




1904 10 30 


- - Obtained from rice


5,1  + 46 €/100 kg/net


5


 




1904 10 90 


- - Other


5,1  + 33,6  €/100 kg/net


5


 




1904 20 10 


- - Preparation of the Müsli type based on unroasted cereal flakes


9 + EA


5


 




1904 20 91 


- - - Obtained from maize


3,8  + 20 €/100 kg/net


5


 




1904 20 95 


- - - Obtained from rice


5,1  + 46 €/100 kg/net


5


 




1904 20 99 


- - - Other


5,1  + 33,6  €/100 kg/net


5


 




1904 30 00 


- Bulgur wheat


8,3  + 25,7  €/100 kg/net


5


 




1904 90 10 


- - Obtained from rice


8,3  + 46 €/100 kg/net


5


 




1904 90 80 


- - Other


8,3  + 25,7  €/100 kg/net


5


 




1905 10 00 


- Crispbread


5,8  + 13 €/100 kg/net


5


 




1905 20 10 


- - Containing by weight less than 30 % of sucrose (including invert sugar expressed as sucrose)


9,4  + 18,3  €/100 kg/net


5


 




1905 20 30 


- - Containing by weight 30 % or more but less than 50 % of sucrose (including invert sugar expressed as sucrose)


9,8  + 24,6  €/100 kg/net


5


 




1905 20 90 


- - Containing by weight 50 % or more of sucrose (including invert sugar expressed as sucrose)


10,1  + 31,4  €/100 kg/net


5


 




1905 31 11 


- - - - In immediate packings of a net content not exceeding 85 g


9 + EA MAX 24,2  + AD S/Z


5


 




1905 31 19 


- - - - Other


9 + EA MAX 24,2  + AD S/Z


5


 




1905 31 30 


- - - - Containing 8 % or more by weight of milkfats


9 + EA MAX 24,2  + AD S/Z


5


 




1905 31 91 


- - - - - Sandwich biscuits


9 + EA MAX 24,2  + AD S/Z


5


 




1905 31 99 


- - - - - Other


9 + EA MAX 24,2  + AD S/Z


5


 




1905 32 05 


- - - With a water content exceeding 10 % by weight


9 + EA MAX 20,7  + AD F/M


5


 




1905 32 11 


- - - - - In immediate packings of a net content not exceeding 85 g


9 + EA MAX 24,2  + AD S/Z


5


 




1905 32 19 


- - - - - Other


9 + EA MAX 24,2  + AD S/Z


5


 




1905 32 91 


- - - - - Salted, whether or not filled


9 + EA MAX 20,7  + AD F/M


5


 




1905 32 99 


- - - - - Other


9 + EA MAX 24,2  + AD S/Z


5


 




1905 40 10 


- - Rusks


9,7  + EA


5


 




1905 40 90 


- - Other


9,7  + EA


5


 




1905 90 10 


- - Matzos


3,8  + 15,9  €/100 kg/net


3


 




1905 90 20 


- - Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products


4,5  + 60,5  €/100 kg/net


3


 




1905 90 30 


- - - Bread, not containing added honey, eggs, cheese or fruit, and containing by weight in the dry matter state not more than 5 % of sugars and not more than 5 % of fat


9,7  + EA


3


 




1905 90 45 


- - - Biscuits


9 + EA MAX 20,7  + AD F/M


3


 




1905 90 55 


- - - Extruded or expanded products, savoury or salted


9 + EA MAX 20,7  + AD F/M


3


 




1905 90 60 


- - - - With added sweetening matter


9 + EA MAX 24,2  + AD S/Z


3


 




1905 90 90 


- - - - Other


9 + EA MAX 20,7  + AD F/M


3


 




2001 90 30 


- - Sweetcorn (Zea mays var. saccharata)


5,1  + 9,4  €/100 kg/net


X


 




2001 90 40 


- - Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch


8,3  + 3,8  €/100 kg/net


5


 




2003 10 20 


- - Provisionally preserved, completely cooked


18,4  + 191 €/100 kg/net eda


5


 




2003 10 30 


- - Other


18,4  + 222 €/100 kg/net eda


5


 




2004 90 10 


- - Sweetcorn (Zea mays var. saccharata)


5,1  + 9,4  €/100 kg/net


X


 




2005 80 00 


- Sweetcorn (Zea mays var. saccharata)


5,1  + 9,4  €/100 kg/net


X


 




2006 00 31 


- - - Cherries


20 + 23,9  €/100 kg/net


5


 




2006 00 35 


- - - Tropical fruit and tropical nuts


12,5  + 15 €/100 kg/net


5


 




2006 00 38 


- - - Other


20 + 23,9  €/100 kg/net


5


 




2007 10 10 


- - With a sugar content exceeding 13 % by weight


24 + 4,2  €/100 kg/net


5


 




2007 91 10 


- - - With a sugar content exceeding 30 % by weight


20 + 23 €/100 kg/net


5


 




2007 91 30 


- - - With a sugar content exceeding 13 % but not exceeding 30 % by weight


20 + 4,2  €/100 kg/net


5


 




2007 99 20 


- - - - Chestnut purée and paste


24 + 19,7  €/100 kg/net


5


 




2007 99 31 


- - - - - Of cherries


24 + 23 €/100 kg/net


5


 




2007 99 33 


- - - - - Of strawberries


24 + 23 €/100 kg/net


5


 




2007 99 35 


- - - - - Of raspberries


24 + 23 €/100 kg/net


5


 




2007 99 39 


- - - - - Other


24 + 23 €/100 kg/net


5


 




2007 99 50 


- - - With a sugar content exceeding 13 % but not exceeding 30 % by weight


24 + 4,2  €/100 kg/net


5


 




2008 20 11 


- - - - With a sugar content exceeding 17 % by weight


25,6  + 2,5  €/100 kg/net


5


 




2008 20 31 


- - - - With a sugar content exceeding 19 % by weight


25,6  + 2,5  €/100 kg/net


5


 




2008 30 19 


- - - - Other


25,6  + 4,2  €/100 kg/net


5


 




2008 40 19 


- - - - - Other


25,6  + 4,2  €/100 kg/net


5


 




2008 40 31 


- - - - With a sugar content exceeding 15 % by weight


25,6  + 4,2  €/100 kg/net


5


 




2008 50 19 


- - - - - Other


25,6  + 4,2  €/100 kg/net


5


 




2008 50 51 


- - - - With a sugar content exceeding 15 % by weight


25,6  + 4,2  €/100 kg/net


5


 




2008 60 19 


- - - - Other


25,6  + 4,2  €/100 kg/net


5


 




2008 70 19 


- - - - - Other


25,6  + 4,2  €/100 kg/net


5


 




2008 70 51 


- - - - With a sugar content exceeding 15 % by weight


25,6  + 4,2  €/100 kg/net


5


 




2008 80 19 


- - - - Other


25,6  + 4,2  €/100 kg/net


5


 




2008 93 19 


- - - - - Other


25,6  + 4,2  €/100 kg/net


5


 




2008 93 99 


- - - - Not containing added sugar


18,4 


3


 




2008 97 16 


- - - - - - Of tropical fruit (including mixtures containing 50 % or more by weight of tropical nuts and tropical fruit)


16 + 2,6  €/100 kg/net


5


 




2008 97 18 


- - - - - - Other


25,6  + 4,2  €/100 kg/net


5


 




2008 97 32 


- - - - - - Of tropical fruit (including mixtures containing 50 % or more by weight of tropical nuts and tropical fruit)


15


3


 




2008 99 21 


- - - - - With a sugar content exceeding 13 % by weight


25,6  + 3,8  €/100 kg/net


5


 




2008 99 31 


- - - - - - - Tropical fruit


16 + 2,6  €/100 kg/net


5


 




2008 99 34 


- - - - - - - Other


25,6  + 4,2  €/100 kg/net


5


 




2008 99 85 


- - - - - Maize (corn), other than sweetcorn (Zea mays var. saccharata)


5,1  + 9,4  €/100 kg/net


X


 




2008 99 91 


- - - - - Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch


8,3  + 3,8  €/100 kg/net


5


 




2008 99 99 


- - - - - Other


18,4 


3


 




2009 11 11 


- - - - Of a value not exceeding € 30 per 100 kg net weight


33,6  + 20,6  €/100 kg/net


5


 




2009 11 91 


- - - - Of a value not exceeding € 30 per 100 kg net weight and with an added sugar content exceeding 30 % by weight


15,2  + 20,6  €/100 kg/net


5


 




2009 19 11 


- - - - Of a value not exceeding € 30 per 100 kg net weight


33,6  + 20,6  €/100 kg/net


5


 




2009 19 91 


- - - - Of a value not exceeding € 30 per 100 kg net weight and with an added sugar content exceeding 30 % by weight


15,2  + 20,6  €/100 kg/net


5


 




2009 29 11 


- - - - Of a value not exceeding € 30 per 100 kg net weight


33,6  + 20,6  €/100 kg/net


5


 




2009 29 91 


- - - - Of a value not exceeding € 30 per 100 kg net weight and with an added sugar content exceeding 30 % by weight


12 + 20,6  €/100 kg/net


5


 




2009 39 11 


- - - - Of a value not exceeding € 30 per 100 kg net weight


33,6  + 20,6  €/100 kg/net


5


 




2009 39 51 


- - - - - - With an added sugar content exceeding 30 % by weight


14,4  + 20,6  €/100 kg/net


5


 




2009 39 91 


- - - - - - With an added sugar content exceeding 30 % by weight


14,4  + 20,6  €/100 kg/net


5


 




2009 49 11 


- - - - Of a value not exceeding € 30 per 100 kg net weight


33,6  + 20,6  €/100 kg/net


5


 




2009 49 91 


- - - - - With an added sugar content exceeding 30 % by weight


15,2  + 20,6  €/100 kg/net


5


 




2009 61 10 


- - - Of a value exceeding € 18 per 100 kg net weight


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




2009 61 90 


- - - Of a value not exceeding € 18 per 100 kg net weight


22,4  + 27 €/hl


5


 




2009 69 11 


- - - - Of a value not exceeding € 22 per 100 kg net weight


40 + 121 €/hl + 20,6  €/100 kg/net


5


 




2009 69 19 


- - - - Other


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




2009 69 51 


- - - - - Concentrated


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




2009 69 59 


- - - - - Other


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




2009 69 71 


- - - - - - Concentrated


22,4  + 131 €/hl + 20,6  €/100 kg/net


5


 




2009 69 79 


- - - - - - Other


22,4  + 27 €/hl + 20,6  €/100 kg/net


5


 




2009 69 90 


- - - - - Other


22,4  + 27 €/hl


5


 




2009 79 11 


- - - - Of a value not exceeding € 22 per 100 kg net weight


30 + 18,4  €/100 kg/net


5


 




2009 79 91 


- - - - - With an added sugar content exceeding 30 % by weight


18 + 19,3  €/100 kg/net


5


 




2009 81 11 


- - - - Of a value not exceeding € 30 per 100 kg net weight


33,6  + 20,6  €/100 kg/net


5


 




2009 81 51 


- - - - - With an added sugar content exceeding 30 % by weight


16,8  + 20,6  €/100 kg/net


5


 




2009 89 11 


- - - - - Of a value not exceeding € 22 per 100 kg net weight


33,6  + 20,6  €/100 kg/net


5


 




2009 89 34 


- - - - - - Juices of tropical fruit


21 + 12,9  €/100 kg/net


5


 




2009 89 35 


- - - - - - Other


33,6  + 20,6  €/100 kg/net


5


 




2009 89 61 


- - - - - - With an added sugar content exceeding 30 % by weight


19,2  + 20,6  €/100 kg/net


5


 




2009 89 85 


- - - - - - - Juices of tropical fruit


10,5  + 12,9  €/100 kg/net


5


 




2009 89 86 


- - - - - - - Other


16,8  + 20,6  €/100 kg/net


5


 




2009 90 11 


- - - - Of a value not exceeding € 22 per 100 kg net weight


33,6  + 20,6  €/100 kg/net


5


 




2009 90 21 


- - - - Of a value not exceeding € 30 per 100 kg net weight


33,6  + 20,6  €/100 kg/net


5


 




2009 90 31 


- - - - Of a value not exceeding € 18 per 100 kg net weight and with an added sugar content exceeding 30 % by weight


20 + 20,6  €/100 kg/net


5


 




2009 90 71 


- - - - - - With an added sugar content exceeding 30 % by weight


15,2  + 20,6  €/100 kg/net


5


 




2009 90 92 


- - - - - - - Mixtures of juices of tropical fruit


10,5  + 12,9  €/100 kg/net


5


 




2009 90 94 


- - - - - - - Other


16,8  + 20,6  €/100 kg/net


5


 




2101 11 00 


- - Extracts, essences and concentrates


9


3


 




2101 12 92 


- - - Preparations with a basis of these extracts, essences or concentrates of coffee


11,5 


3


 




2101 12 98 


- - - Other


9 + EA


3


 




2101 20 98 


- - - Other


6,5  + EA


3


 




2101 30 19 


- - - Other


5,1  + 12,7  €/100 kg/net


5


 




2101 30 99 


- - - Other


10,8  + 22,7  €/100 kg/net


5


 




2102 10 10 


- - Culture yeast


10,9 


5


 




2102 10 31 


- - - Dried


12 + 49,2  €/100 kg/net


5


 




2102 10 39 


- - - Other


12 + 14,5  €/100 kg/net


5


 




2102 10 90 


- - Other


14,7 


5


 




2102 20 11 


- - - In tablet, cube or similar form, or in immediate packings of a net content not exceeding 1 kg


8,3 


5


 




2102 20 19 


- - - Other


5,1 


5


 




2102 30 00 


- Prepared baking powders


6,1 


5


 




2103 10 00 


- Soya sauce


7,7 


3


 




2103 20 00 


- Tomato ketchup and other tomato sauces


10,2 


5


 




2103 30 90 


- - Prepared mustard


9


5


 




2103 90 90 


- - Other


7,7 


3


 




2104 10 00 


- Soups and broths and preparations therefor


11,5 


3


 




2104 20 00 


- Homogenised composite food preparations


14,1 


5


 




2105 00 10 


- Containing no milkfats or containing less than 3 % by weight of such fats


8,6  + 20,2  €/100 kg/net MAX 19,4  + 9,4  €/100 kg/net


5


 




2105 00 91 


- - 3 % or more but less than 7 %


8 + 38,5  €/100 kg/net MAX 18,1  + 7 €/100 kg/net


5


 




2105 00 99 


- - 7 % or more


7,9  + 54 €/100 kg/net MAX 17,8  + 6,9  €/100 kg/net


5


 




2106 10 20 


- - Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5  % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch


12,8 


5


 




2106 10 80 


- - Other


EA


5


 




2106 90 20 


- - Compound alcoholic preparations, other than those based on odoriferous substances, of a kind used for the manufacture of beverages


17,3  MIN 1 €/% vol/hl


3


 




2106 90 30 


- - - Isoglucose syrups


42,7  €/100 kg/net mas


3


 




2106 90 51 


- - - - Lactose syrup


14 €/100 kg/net


3


 




2106 90 55 


- - - - Glucose syrup and maltodextrine syrup


20 €/100 kg/net


3


 




2106 90 59 


- - - - Other


0,4  €/100 kg/net


3


 




2106 90 98 


- - - Other


9 + EA


3


 




2202 90 91 


- - - Less than 0,2  %


6,4  + 13,7  €/100 kg/net


5


 




2202 90 95 


- - - 0,2  % or more but less than 2 %


5,5  + 12,1  €/100 kg/net


5


 




2202 90 99 


- - - 2 % or more


5,4  + 21,2  €/100 kg/net


5


 




2204 30 92 


- - - - Concentrated


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




2204 30 94 


- - - - Other


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




2204 30 96 


- - - - Concentrated


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




2204 30 98 


- - - - Other


See paragraph 4 of Annex 2-A-2


5


See paragraph 4 of Annex 2-A-2




2207 10 00 


- Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher


19,2  €/hl


5


 




2207 20 00 


- Ethyl alcohol and other spirits, denatured, of any strength


10,2  €/hl


5


 




2208 40 11 


- - - Rum with a content of volatile substances other than ethyl and methyl alcohol equal to or exceeding 225 grams per hectolitre of pure alcohol (with a 10 % tolerance)


0,6  €/% vol/hl + 3,2  €/hl


5


 




2208 40 39 


- - - - Other


0,6  €/% vol/hl + 3,2  €/hl


5


 




2208 40 51 


- - - Rum with a content of volatile substances other than ethyl and methyl alcohol equal to or exceeding 225 grams per hectolitre of pure alcohol (with a 10 % tolerance)


0,6  €/% vol/hl


5


 




2208 40 99 


- - - - Other


0,6  €/% vol/hl


5


 




2208 90 91 


- - - 2 litres or less


1 €/% vol/hl + 6,4  €/hl


5


 




2208 90 99 


- - - More than 2 litres


1 €/% vol/hl


5


 




2302 10 10 


- - With a starch content not exceeding 35 % by weight


44 €/t


5


 




2302 10 90 


- - Other


89 €/t


5


 




2302 30 10 


- - Of which the starch content does not exceed 28 % by weight, and of which the proportion that passes through a sieve with an aperture of 0,2  mm does not exceed 10 % by weight or alternatively the proportion that passes through the sieve has an ash content, calculated on the dry product, equal to or more than 1,5  % by weight


44 €/t


5


 




2302 30 90 


- - Other


89 €/t


5


 




2302 40 02 


- - - With a starch content not exceeding 35 % by weight


44 €/t


5


 




2302 40 08 


- - - Other


89 €/t


5


 




2302 40 10 


- - - Of which the starch content does not exceed 28 % by weight, and of which the proportion that passes through a sieve with an aperture of 0,2  mm does not exceed 10 % by weight or alternatively the proportion that passes through the sieve has an ash content, calculated on the dry product, equal to or more than 1,5  % by weight


44 €/t


5


 




2302 40 90 


- - - Other


89 €/t


5


 




2303 10 11 


- - - Exceeding 40 % by weight


320 €/t


5


 




2306 90 19 


- - - - Containing more than 3 % by weight of olive oil


48 €/t


5


 




2307 00 19 


- - Other


1,62  €/kg/tot. alc.


5


 




2308 00 19 


- - Other


1,62  €/kg/tot. alc.


5


 




2309 10 13 


- - - - - Containing not less than 10 % but less than 50 % by weight of milk products


498 €/t


5


 




2309 10 15 


- - - - - Containing not less than 50 % but less than 75 % by weight of milk products


730 €/t


5


 




2309 10 19 


- - - - - Containing not less than 75 % by weight of milk products


948 €/t


5


 




2309 10 33 


- - - - - Containing not less than 10 % but less than 50 % by weight of milk products


530 €/t


5


 




2309 10 39 


- - - - - Containing not less than 50 % by weight of milk products


888 €/t


5


 




2309 10 51 


- - - - - Containing no milk products or containing less than 10 % by weight of such products


102 €/t


5


 




2309 10 53 


- - - - - Containing not less than 10 % but less than 50 % by weight of milk products


577 €/t


5


 




2309 10 59 


- - - - - Containing not less than 50 % by weight of milk products


730 €/t


5


 




2309 10 70 


- - - Containing no starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup but containing milk products


948 €/t


5


 




2309 90 31 


- - - - - - Containing no milk products or containing less than 10 % by weight of such products


23 €/t


5


 




2309 90 33 


- - - - - - Containing not less than 10 % but less than 50 % by weight of milk products


498 €/t


5


 




2309 90 35 


- - - - - - Containing not less than 50 % but less than 75 % by weight of milk products


730 €/t


5


 




2309 90 39 


- - - - - - Containing not less than 75 % by weight of milk products


948 €/t


5


 




2309 90 41 


- - - - - - Containing no milk products or containing less than 10 % by weight of such products


55 €/t


5


 




2309 90 43 


- - - - - - Containing not less than 10 % but less than 50 % by weight of milk products


530 €/t


5


 




2309 90 49 


- - - - - - Containing not less than 50 % by weight of milk products


888 €/t


5


 




2309 90 51 


- - - - - - Containing no milk products or containing less than 10 % by weight of such products


102 €/t


5


 




2309 90 53 


- - - - - - Containing not less than 10 % but less than 50 % by weight of milk products


577 €/t


5


 




2309 90 59 


- - - - - - Containing not less than 50 % by weight of milk products


730 €/t


5


 




2309 90 70 


- - - - Containing no starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup but containing milk products


948 €/t


5


 




2401 10 35 


- - Light air-cured tobacco


11,2  MIN 22 € MAX 56 €/100 kg/net


5


 




2401 10 60 


- - Sun- cured Oriental type tobacco


11,2  MIN 22 € MAX 56 €/100 kg/net


5


 




2401 10 70 


- - Dark air-cured tobacco


11,2  MIN 22 € MAX 56 €/100 kg/net


5


 




2401 10 85 


- - Flue- cured tobacco


11,2  MIN 22 € MAX 56 €/100 kg/net


5


 




2401 10 95 


- - Other


10 MIN 22 € MAX 56 €/100 kg/net


5


 




2401 20 35 


- - Light air-cured tobacco


11,2  MIN 22 € MAX 56 €/100 kg/net


5


 




2401 20 60 


- - Sun- cured Oriental type tobacco


11,2  MIN 22 € MAX 56 €/100 kg/net


5


 




2401 20 70 


- - Dark air-cured tobacco


11,2  MIN 22 € MAX 56 €/100 kg/net


5


 




2401 20 85 


- - Flue- cured tobacco


11,2  MIN 22 € MAX 56 €/100 kg/net


5


 




2401 20 95 


- - Other


11,2  MIN 22 € MAX 56 €/100 kg/net


5


 




2401 30 00 


- Tobacco refuse


11,2  MIN 22 € MAX 56 €/100 kg/net


5


 




2402 10 00 


- Cigars, cheroots and cigarillos, containing tobacco


26


5


 




2402 20 10 


- - Containing cloves


10


5


 




2402 20 90 


- - Other


57,6 


5


 




2402 90 00 


- Other


57,6 


5


 




2403 11 00 


- - Water-pipe tobacco specified in subheading note 1 to this chapter


74,9 


5


 




2403 19 10 


- - - In immediate packings of a net content not exceeding 500 g


74,9 


5


 




2403 19 90 


- - - Other


74,9 


5


 




2403 91 00 


- - ‘Homogenised’ or ‘reconstituted’ tobacco


16,6 


5


 




2403 99 10 


- - - Chewing tobacco and snuff


41,6 


5


 




2403 99 90 


- - - Other


16,6 


5


 




2905 32 00 


- - Propylene glycol (propane-1,2 -diol)


5,5 


3


 




2905 43 00 


- - Mannitol


9,6  + 125,8  €/100 kg/net


5


 




2905 44 11 


- - - - Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content


7,7  + 16,1  €/100 kg/net


5


 




2905 44 19 


- - - - Other


9 + 37,8  €/100 kg/net


5


 




2905 44 91 


- - - - Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content


7,7  + 23 €/100 kg/net


5


 




2905 44 99 


- - - - Other


9 + 53,7  €/100 kg/net


5


 




2917 36 00 


- - Terephthalic acid and its salts


6,5 


3


 




2917 39 95 


- - - Other


6,5 


3


 




2922 49 85 


- - - Other


6,5 


3


 




2922 50 00 


- Amino- alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function


6,5 


5


 




2930 50 00 


- Captafol (ISO) and methamidophos (ISO)


6,5 


3


 




2930 90 99 


- - Other


6,5 


5


 




2932 19 00 


- - Other


6,5 


3


 




2933 29 90 


- - - Other


6,5 


3


 




2933 39 99 


- - - Other


6,5 


3


 




2933 79 00 


- - Other lactams


6,5 


3


 




2934 99 90 


- - - Other


6,5 


3


 




3302 10 10 


- - - - Of an actual alcoholic strength by volume exceeding 0,5  %


17,3  MIN 1 €/% vol/hl


5


 




3302 10 21 


- - - - - Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5  % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch


12,8 


5


 




3302 10 29 


- - - - - Other


9 + EA


5


 




3502 11 90 


- - - Other


123,5  €/100 kg/net


5


 




3502 19 90 


- - - Other


16,7  €/100 kg/net


5


 




3502 20 91 


- - - Dried (for example, in sheets, scales, flakes, powder)


123,5  €/100 kg/net


5


 




3502 20 99 


- - - Other


16,7  €/100 kg/net


5


 




3505 10 10 


- - Dextrins


9 + 17,7  €/100 kg/net


5


 




3505 10 90 


- - - Other


9 + 17,7  €/100 kg/net


5


 




3505 20 10 


- - Containing, by weight, less than 25 % of starches or dextrins or other modified starches


8,3  + 4,5  €/100 kg/net MAX 11,5 


5


 




3505 20 30 


- - Containing, by weight, 25 % or more but less than 55 % of starches or dextrins or other modified starches


8,3  + 8,9  €/100 kg/net MAX 11,5 


5


 




3505 20 50 


- - Containing, by weight, 55 % or more but less than 80 % of starches or dextrins or other modified starches


8,3  + 14,2  €/100 kg/net MAX 11,5 


5


 




3505 20 90 


- - Containing, by weight, 80 % or more of starches or dextrins or other modified starches


8,3  + 17,7  €/100 kg/net MAX 11,5 


5


 




3603 00 90 


- Other


6,5 


3


 




3809 10 10 


- - Containing by weight of such substances less than 55 %


8,3  + 8,9  €/100 kg/net MAX 12,8 


5


 




3809 10 30 


- - Containing by weight of such substances 55 % or more but less than 70 %


8,3  + 12,4  €/100 kg/net MAX 12,8 


5


 




3809 10 50 


- - Containing by weight of such substances 70 % or more but less than 83 %


8,3  + 15,1  €/100 kg/net MAX 12,8 


5


 




3809 10 90 


- - Containing by weight of such substances 83 % or more


8,3  + 17,7  €/100 kg/net MAX 12,8 


5


 




3824 60 11 


- - - Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content


7,7  + 16,1  €/100 kg/net


5


 




3824 60 19 


- - - Other


9 + 37,8  €/100 kg/net


5


 




3824 60 91 


- - - Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content


7,7  + 23 €/100 kg/net


5


 




3824 60 99 


- - - Other


9 + 53,7  €/100 kg/net


5


 




3902 90 90 


- - Other


6,5 


3


 




3906 10 00 


- Poly(methyl methacrylate)


6,5 


3


 




3906 90 90 


- - Other


6,5 


3


 




3907 10 00 


- Polyacetals


6,5 


3


 




3907 20 20 


- - - Other


6,5 


3


 




3907 20 99 


- - - Other


6,5 


3


 




3907 30 00 


- Epoxide resins


6,5 


3


 




3907 40 00 


- Polycarbonates


6,5 


3


 




3907 60 20 


- - Having a viscosity number of 78 ml/g or higher


6,5 


5


 




3913 90 00 


- Other


6,5 


5


 




4010 11 00 


- - Reinforced only with metal


6,5 


5


 




4010 12 00 


- - Reinforced only with textile materials


6,5 


5


 




4010 19 00 


- - Other


6,5 


5


 




4010 31 00 


- - Endless transmission belts of trapezoidal cross-section (V-belts), V-ribbed, of an outside circumference exceeding 60 cm but not exceeding 180 cm


6,5 


5


 




4010 32 00 


- - Endless transmission belts of trapezoidal cross-section (V-belts), other than V-ribbed, of an outside circumference exceeding 60 cm but not exceeding 180 cm


6,5 


5


 




4010 33 00 


- - Endless transmission belts of trapezoidal cross-section (V-belts), V-ribbed, of an outside circumference exceeding 180 cm but not exceeding 240 cm


6,5 


5


 




4010 34 00 


- - Endless transmission belts of trapezoidal cross-section (V-belts), other than V-ribbed, of an outside circumference exceeding 180 cm but not exceeding 240 cm


6,5 


5


 




4010 35 00 


- - Endless synchronous belts, of an outside circumference exceeding 60 cm but not exceeding 150 cm


6,5 


5


 




4010 36 00 


- - Endless synchronous belts, of an outside circumference exceeding 150 cm but not exceeding 198 cm


6,5 


5


 




4010 39 00 


- - Other


6,5 


5


 




4104 11 90 


- - - - Other


5,5 


3


 




4104 19 90 


- - - - Other


5,5 


3


 




4104 41 19 


- - - - Other


6,5 


3


 




4104 41 51 


- - - - - Whole hides and skins, of a unit surface area exceeding 28 square feet (2,6  m2)


6,5 


3


 




4104 41 59 


- - - - - Other


6,5 


3


 




4104 41 90 


- - - - Other


5,5 


3


 




4104 49 19 


- - - - Other


6,5 


3


 




4104 49 51 


- - - - - Whole hides and skins, of a unit surface area exceeding 28 square feet (2,6  m2)


6,5 


3


 




4104 49 59 


- - - - - Other


6,5 


3


 




4104 49 90 


- - - - Other


5,5 


3


 




4107 11 11 


- - - - Boxcalf


6,5 


3


 




4107 11 19 


- - - - Other


6,5 


3


 




4107 11 90 


- - - Other


6,5 


3


 




4107 12 11 


- - - - Boxcalf


6,5 


3


 




4107 12 19 


- - - - Other


6,5 


3


 




4107 12 91 


- - - - Bovine (including buffalo) leather


5,5 


3


 




4107 12 99 


- - - - Equine leather


6,5 


3


 




4107 19 10 


- - - Bovine (including buffalo) leather, of a unit surface area not exceeding 28 square feet (2,6  m2)


6,5 


3


 




4107 19 90 


- - - Other


6,5 


3


 




4107 91 10 


- - - Sole leather


6,5 


3


 




4107 91 90 


- - - Other


6,5 


3


 




4107 99 10 


- - - Bovine (including buffalo) leather


6,5 


3


 




4107 99 90 


- - - Equine leather


6,5 


3


 




4202 12 11 


- - - - Executive-cases, briefcases, school satchels and similar containers


9,7 


5


 




4202 12 19 


- - - - Other


9,7 


5


 




4202 12 50 


- - - Of moulded plastic material


5,2 


3


 




4202 19 10 


- - - Of aluminium


5,7 


3


 




4202 92 11 


- - - - Travelling-bags, toilet bags, rucksacks and sports bags


9,7 


3


 




4202 92 15 


- - - - Musical instrument cases


6,7 


3


 




4202 92 19 


- - - - Other


9,7 


3


 




4203 21 00 


- - Specially designed for use in sports


9


5


 




4203 29 90 


- - - Other


7


5


 




4411 12 90 


- - - Other


7


5


 




4411 14 90 


- - - Other


7


3


 




4411 92 10 


- - - Not mechanically worked or surface covered


7


5


 




4411 92 90 


- - - Other


7


5


 




4412 10 00 


- Of bamboo


10


5


 




4412 31 10 


- - - Of acajou d'Afrique, dark red meranti, light red meranti, limba, mahogany (Swietenia spp.), obeche, okoumé, palissandre de Para, palissandre de Rio, palissandre de Rose, sapelli, sipo, virola or white lauan


10


5


 




4412 31 90 


- - - Other


7


3


 




4412 32 10 


- - - Of alder, ash, beech, birch, cherry, chestnut, elm, hickory, hornbeam, horse chestnut, lime, maple, oak, plane tree, poplar, robinia, walnut or yellow poplar


7


3


 




4412 32 90 


- - - Other


7


3


 




4412 94 10 


- - - With at least one outer ply of non-coniferous wood


10


5


 




4412 99 40 


- - - - - Of alder, ash, beech, birch, cherry, chestnut, elm, hickory, hornbeam, horse chestnut, lime, maple, oak, plane tree, poplar, robinia, walnut or yellow poplar


10


5


 




4412 99 50 


- - - - - Other


10


5


 




4412 99 85 


- - - - Other


10


5


 




5007 20 11 


- - - Unbleached, scoured or bleached


6,9 


3


 




5007 20 19 


- - - Other


6,9 


3


 




5007 20 39 


- - - - Other


7,5 


3


 




5007 20 41 


- - - Diaphanous fabrics (open weave)


7,2 


3


 




5007 20 59 


- - - - Dyed


7,2 


3


 




5007 20 69 


- - - - - Other


7,2 


3


 




5007 20 71 


- - - - Printed


7,2 


3


 




5007 90 10 


- - Unbleached, scoured or bleached


6,9 


3


 




5007 90 30 


- - Dyed


6,9 


3


 




5007 90 50 


- - Of yarns of different colours


6,9 


3


 




5007 90 90 


- - Printed


6,9 


3


 




5111 11 00 


- - Of a weight not exceeding 300 g/m2



8


3


 




5112 20 00 


- Other, mixed mainly or solely with man-made filaments


8


3


 




5208 11 90 


- - - Other


8


3


 




5208 12 16 


- - - - Not exceeding 165 cm


8


3


 




5208 12 19 


- - - - Exceeding 165 cm


8


3


 




5208 12 96 


- - - - Not exceeding 165 cm


8


3


 




5208 12 99 


- - - - Exceeding 165 cm


8


3


 




5208 13 00 


- - 3-thread or 4-thread twill, including cross twill


8


3


 




5208 19 00 


- - Other fabrics


8


3


 




5208 22 16 


- - - - Not exceeding 165 cm


8


3


 




5208 22 96 


- - - - Not exceeding 165 cm


8


3


 




5208 32 16 


- - - - Not exceeding 165 cm


8


3


 




5208 32 19 


- - - - Exceeding 165 cm


8


3


 




5208 32 96 


- - - - Not exceeding 165 cm


8


3


 




5208 33 00 


- - 3-thread or 4-thread twill, including cross twill


8


3


 




5208 42 00 


- - Plain weave, weighing more than 100 g/m2



8


3


 




5208 43 00 


- - 3-thread or 4-thread twill, including cross twill


8


3


 




5208 49 00 


- - Other fabrics


8


3


 




5208 52 00 


- - Plain weave, weighing more than 100 g/m2



8


3


 




5208 59 90 


- - - Other


8


3


 




5209 11 00 


- - Plain weave


8


3


 




5209 19 00 


- - Other fabrics


8


3


 




5209 21 00 


- - Plain weave


8


3


 




5209 31 00 


- - Plain weave


8


3


 




5209 32 00 


- - 3-thread or 4-thread twill, including cross twill


8


3


 




5209 41 00 


- - Plain weave


8


3


 




5209 43 00 


- - Other fabrics of 3-thread or 4-thread twill, including cross twill


8


3


 




5209 52 00 


- - 3-thread or 4-thread twill, including cross twill


8


3


 




5209 59 00 


- - Other fabrics


8


3


 




5210 11 00 


- - Plain weave


8


3


 




5210 19 00 


- - Other fabrics


8


3


 




5210 21 00 


- - Plain weave


8


3


 




5210 29 00 


- - Other fabrics


8


3


 




5210 31 00 


- - Plain weave


8


3


 




5210 32 00 


- - 3-thread or 4-thread twill, including cross twill


8


3


 




5210 41 00 


- - Plain weave


8


3


 




5210 49 00 


- - Other fabrics


8


3


 




5211 11 00 


- - Plain weave


8


3


 




5211 12 00 


- - 3-thread or 4-thread twill, including cross twill


8


3


 




5211 20 00 


- Bleached


8


3


 




5211 31 00 


- - Plain weave


8


3


 




5211 32 00 


- - 3-thread or 4-thread twill, including cross twill


8


3


 




5211 39 00 


- - Other fabrics


8


3


 




5212 14 90 


- - - Otherwise mixed


8


3


 




5212 23 90 


- - - Otherwise mixed


8


3


 




5212 24 90 


- - - Otherwise mixed


8


3


 




5309 19 00 


- - Other


8


3


 




5309 29 00 


- - Other


8


3


 




5407 20 11 


- - - Less than 3 m


8


3


 




5407 20 19 


- - - 3 m or more


8


3


 




5407 41 00 


- - Unbleached or bleached


8


3


 




5407 42 00 


- - Dyed


8


3


 




5407 43 00 


- - Of yarns of different colours


8


3


 




5407 44 00 


- - Printed


8


3


 




5407 51 00 


- - Unbleached or bleached


8


3


 




5407 52 00 


- - Dyed


8


3


 




5407 53 00 


- - Of yarns of different colours


8


3


 




5407 54 00 


- - Printed


8


3


 




5407 61 10 


- - - Unbleached or bleached


8


3


 




5407 61 30 


- - - Dyed


8


3


 




5407 61 90 


- - - Printed


8


3


 




5407 69 10 


- - - Unbleached or bleached


8


3


 




5407 69 90 


- - - Other


8


3


 




5407 71 00 


- - Unbleached or bleached


8


3


 




5407 72 00 


- - Dyed


8


3


 




5407 74 00 


- - Printed


8


3


 




5407 81 00 


- - Unbleached or bleached


8


3


 




5407 82 00 


- - Dyed


8


3


 




5407 83 00 


- - Of yarns of different colours


8


3


 




5407 92 00 


- - Dyed


8


3


 




5407 93 00 


- - Of yarns of different colours


8


3


 




5408 23 00 


- - Of yarns of different colours


8


3


 




5408 34 00 


- - Printed


8


3


 




5512 11 00 


- - Unbleached or bleached


8


3


 




5512 19 90 


- - - Other


8


3


 




5513 11 20 


- - - Of a width of 165 cm or less


8


3


 




5513 11 90 


- - - Of a width of more than 165 cm


8


3


 




5513 12 00 


- - 3-thread or 4-thread twill, including cross twill, of polyester staple fibres


8


3


 




5513 13 00 


- - Other woven fabrics of polyester staple fibres


8


3


 




5513 19 00 


- - Other woven fabrics


8


3


 




5513 21 00 


- - Of polyester staple fibres, plain weave


8


3


 




5513 23 10 


- - - 3-thread or 4-thread twill, including cross twill


8


3


 




5513 23 90 


- - - Other


8


3


 




5513 29 00 


- - Other woven fabrics


8


3


 




5513 31 00 


- - Of polyester staple fibres, plain weave


8


3


 




5513 39 00 


- - Other woven fabrics


8


3


 




5513 49 00 


- - Other woven fabrics


8


3


 




5514 11 00 


- - Of polyester staple fibres, plain weave


8


3


 




5514 12 00 


- - 3-thread or 4-thread twill, including cross twill, of polyester staple fibres


8


3


 




5514 19 10 


- - - Of polyester staple fibres


8


3


 




5514 19 90 


- - - Other


8


3


 




5514 21 00 


- - Of polyester staple fibres, plain weave


8


3


 




5514 22 00 


- - 3-thread or 4-thread twill, including cross twill, of polyester staple fibres


8


3


 




5514 29 00 


- - Other woven fabrics


8


3


 




5514 30 10 


- - Of polyester staple fibres, plain weave


8


3


 




5514 41 00 


- - Of polyester staple fibres, plain weave


8


3


 




5514 42 00 


- - 3-thread or 4-thread twill, including cross twill, of polyester staple fibres


8


3


 




5514 43 00 


- - Other woven fabrics of polyester staple fibres


8


3


 




5515 11 10 


- - - Unbleached or bleached


8


3


 




5515 11 90 


- - - Other


8


3


 




5515 12 10 


- - - Unbleached or bleached


8


3


 




5515 19 10 


- - - Unbleached or bleached


8


3


 




5515 19 90 


- - - Other


8


3


 




5515 91 10 


- - - Unbleached or bleached


8


3


 




5516 11 00 


- - Unbleached or bleached


8


3


 




5516 21 00 


- - Unbleached or bleached


8


3


 




5516 41 00 


- - Unbleached or bleached


8


3


 




5602 10 11 


- - - - Of jute or other textile bast fibres of heading 5303 


6,7 


3


 




5602 10 19 


- - - - Of other textile materials


6,7 


3


 




5602 10 31 


- - - - Of wool or fine animal hair


6,7 


3


 




5602 10 38 


- - - - Of other textile materials


6,7 


3


 




5602 10 90 


- - Impregnated, coated, covered or laminated


6,7 


3


 




5602 21 00 


- - Of wool or fine animal hair


6,7 


3


 




5602 29 00 


- - Of other textile materials


6,7 


3


 




5602 90 00 


- Other


6,7 


3


 




5607 21 00 


- - Binder or baler twine


12


3


 




5607 29 00 


- - Other


12


5


 




5607 49 11 


- - - - Plaited or braided


8


3


 




5607 49 19 


- - - - Other


8


3


 




5607 50 11 


- - - - Plaited or braided


8


3


 




5607 50 30 


- - - Measuring 50 000  decitex (5 g/m) or less


8


3


 




5607 50 90 


- - Of other synthetic fibres


8


3


 




5607 90 20 


- - Of abaca (Manila hemp or Musa textilis Nee) or other hard (leaf) fibres; of jute or other textile bast fibres of heading 5303 


6


3


 




5607 90 90 


- - Other


8


3


 




5608 11 20 


- - - Of twine, cordage, rope or cables


8


3


 




5608 11 80 


- - - Other


8


3


 




5608 19 11 


- - - - - Of twine, cordage, rope or cables


8


3


 




5608 19 19 


- - - - - Other


8


3


 




5608 19 30 


- - - - Other


8


3


 




5608 19 90 


- - - Other


8


3


 




5608 90 00 


- Other


8


3


 




5701 10 10 


- - Containing a total of more than 10 % by weight of silk or of waste silk other than noil


8


3


 




5701 10 90 


- - Other


8 MAX 2,8  €/m2



3


 




5702 31 10 


- - - Axminster carpets


8


3


 




5702 32 10 


- - - Axminster carpets


8


3


 




5702 49 00 


- - Of other textile materials


8


3


 




5702 99 00 


- - Of other textile materials


8


3


 




5703 10 00 


- Of wool or fine animal hair


8


3


 




5703 20 12 


- - - Tiles, having a maximum surface area of 1 m2



8


3


 




5703 20 18 


- - - Other


8


3


 




5704 10 00 


- Tiles, having a maximum surface area of 0,3  m2



6,7 


3


 




5704 90 00 


- Other


6,7 


3


 




5705 00 80 


- Of other textile materials


8


3


 




5801 36 00 


- - Chenille fabrics


8


3


 




5804 10 10 


- - Plain


6,5 


3


 




5804 10 90 


- - Other


8


3


 




5804 21 10 


- - - Made on mechanical bobbin machines


8


3


 




5804 21 90 


- - - Other


8


3


 




5804 29 10 


- - - Made on mechanical bobbin machines


8


3


 




5804 29 90 


- - - Other


8


3


 




5804 30 00 


- Handmade lace


8


3


 




5806 10 00 


- Woven pile fabrics (including terry towelling and similar terry fabrics) and chenille fabrics


6,3 


3


 




5806 20 00 


- Other woven fabrics, containing by weight 5 % or more of elastomeric yarn or rubber thread


7,5 


3


 




5806 32 10 


- - - With real selvedges


7,5 


3


 




5806 32 90 


- - - Other


7,5 


3


 




5806 39 00 


- - Of other textile materials


7,5 


3


 




5806 40 00 


- Fabrics consisting of warp without weft assembled by means of an adhesive (bolducs)


6,2 


3


 




5807 10 10 


- - With woven inscription


6,2 


3


 




5807 10 90 


- - Other


6,2 


3


 




5807 90 10 


- - Of felt or nonwovens


6,3 


3


 




5807 90 90 


- - Other


8


3


 




5810 10 90 


- - Other


8


3


 




5810 91 90 


- - - Other


7,2 


3


 




5810 92 90 


- - - Other


7,2 


3


 




5901 10 00 


- Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like


6,5 


3


 




5901 90 00 


- Other


6,5 


3


 




5902 20 90 


- - Other


8


3


 




5902 90 90 


- - Other


8


3


 




5903 20 90 


- - Coated, covered or laminated


8


3


 




5903 90 10 


- - Impregnated


8


3


 




5903 90 91 


- - - With cellulose derivatives or other plastics, with the fabric forming the right side


8


3


 




5903 90 99 


- - - Other


8


3


 




5905 00 90 


- - Other


6


3


 




5906 91 00 


- - Knitted or crocheted


6,5 


3


 




5909 00 10 


- Of synthetic fibres


6,5 


3


 




5909 00 90 


- Of other textile materials


6,5 


3


 




5911 40 00 


- Straining cloth of a kind used in oil-presses or the like, including that of human hair


6


3


 




6001 10 00 


- ‘Long pile’ fabrics


8


3


 




6001 92 00 


- - Of man-made fibres


8


3


 




6002 90 00 


- Other


6,5 


3


 




6003 30 10 


- - Raschel lace


8


3


 




6004 10 00 


- Containing by weight 5 % or more of elastomeric yarn, but not containing rubber thread


8


3


 




6004 90 00 


- Other


6,5 


3


 




6005 31 50 


- - - Raschel lace, other than for curtains or net curtain fabric


8


3


 




6005 32 50 


- - - Raschel lace, other than for curtains or net curtain fabric


8


3


 




6005 33 10 


- - - For curtains, including net curtain fabric


8


3


 




6005 33 50 


- - - Raschel lace, other than for curtains or net curtain fabric


8


3


 




6005 33 90 


- - - Other


8


3


 




6005 34 10 


- - - For curtains, including net curtain fabric


8


3


 




6005 34 50 


- - - Raschel lace, other than for curtains or net curtain fabric


8


3


 




6005 42 00 


- - Dyed


8


3


 




6005 90 90 


- - Other


8


3


 




6006 31 10 


- - - For curtains, including net curtain fabric


8


3


 




6006 32 90 


- - - Other


8


3


 




6006 33 10 


- - - For curtains, including net curtain fabric


8


3


 




6006 34 90 


- - - Other


8


3


 




6006 43 00 


- - Of yarns of different colours


8


3


 




6006 44 00 


- - Printed


8


3


 




6006 90 00 


- Other


8


3


 




6101 20 10 


- - Overcoats, car coats, capes, cloaks and similar articles


12


5


 




6101 20 90 


- - Anoraks (including ski jackets), windcheaters, wind-jackets and similar articles


12


5


 




6101 30 10 


- - Overcoats, car coats, capes, cloaks and similar articles


12


5


 




6101 30 90 


- - Anoraks (including ski jackets), windcheaters, wind-jackets and similar articles


12


5


 




6101 90 20 


- - Overcoats, car coats, capes, cloaks and similar articles


12


5


 




6101 90 80 


- - Anoraks (including ski jackets), windcheaters, wind-jackets and similar articles


12


5


 




6102 10 10 


- - Overcoats, car coats, capes, cloaks and similar articles


12


5


 




6102 10 90 


- - Anoraks (including ski jackets), windcheaters, wind-jackets and similar articles


12


5


 




6102 20 10 


- - Overcoats, car coats, capes, cloaks and similar articles


12


5


 




6102 20 90 


- - Anoraks (including ski jackets), windcheaters, wind-jackets and similar articles


12


3


 




6102 30 10 


- - Overcoats, car coats, capes, cloaks and similar articles


12


5


 




6102 30 90 


- - Anoraks (including ski jackets), windcheaters, wind-jackets and similar articles


12


3


 




6102 90 10 


- - Overcoats, car coats, capes, cloaks and similar articles


12


5


 




6102 90 90 


- - Anoraks (including ski jackets), windcheaters, wind-jackets and similar articles


12


5


 




6103 10 10 


- - Of wool or fine animal hair


12


5


 




6103 10 90 


- - Of other textile materials


12


5


 




6103 22 00 


- - Of cotton


12


5


 




6103 23 00 


- - Of synthetic fibres


12


5


 




6103 29 00 


- - Of other textile materials


12


5


 




6103 31 00 


- - Of wool or fine animal hair


12


5


 




6103 32 00 


- - Of cotton


12


5


 




6103 33 00 


- - Of synthetic fibres


12


5


 




6103 39 00 


- - Of other textile materials


12


5


 




6103 41 00 


- - Of wool or fine animal hair


12


5


 




6103 42 00 


- - Of cotton


12


5


 




6103 43 00 


- - Of synthetic fibres


12


3


 




6103 49 00 


- - Of other textile materials


12


5


 




6104 13 00 


- - Of synthetic fibres


12


5


 




6104 19 20 


- - - Of cotton


12


5


 




6104 19 90 


- - - Of other textile materials


12


5


 




6104 22 00 


- - Of cotton


12


5


 




6104 23 00 


- - Of synthetic fibres


12


5


 




6104 29 10 


- - - Of wool or fine animal hair


12


5


 




6104 29 90 


- - - Of other textile materials


12


5


 




6104 31 00 


- - Of wool or fine animal hair


12


5


 




6104 32 00 


- - Of cotton


12


5


 




6104 33 00 


- - Of synthetic fibres


12


5


 




6104 39 00 


- - Of other textile materials


12


5


 




6104 41 00 


- - Of wool or fine animal hair


12


5


 




6104 42 00 


- - Of cotton


12


3


 




6104 43 00 


- - Of synthetic fibres


12


5


 




6104 44 00 


- - Of artificial fibres


12


5


 




6104 49 00 


- - Of other textile materials


12


5


 




6104 51 00 


- - Of wool or fine animal hair


12


5


 




6104 52 00 


- - Of cotton


12


5


 




6104 53 00 


- - Of synthetic fibres


12


3


 




6104 59 00 


- - Of other textile materials


12


5


 




6104 61 00 


- - Of wool or fine animal hair


12


5


 




6104 62 00 


- - Of cotton


12


3


 




6104 63 00 


- - Of synthetic fibres


12


3


 




6104 69 00 


- - Of other textile materials


12


5


 




6105 10 00 


- Of cotton


12


3


 




6105 20 10 


- - Of synthetic fibres


12


3


 




6105 20 90 


- - Of artificial fibres


12


5


 




6105 90 10 


- - Of wool or fine animal hair


12


5


 




6105 90 90 


- - Of other textile materials


12


5


 




6106 10 00 


- Of cotton


12


5


 




6106 20 00 


- Of man-made fibres


12


3


 




6106 90 10 


- - Of wool or fine animal hair


12


5


 




6106 90 30 


- - Of silk or silk waste


12


5


 




6106 90 50 


- - Of flax or of ramie


12


5


 




6106 90 90 


- - Of other textile materials


12


5


 




6107 11 00 


- - Of cotton


12


5


 




6107 12 00 


- - Of man-made fibres


12


3


 




6107 19 00 


- - Of other textile materials


12


5


 




6107 21 00 


- - Of cotton


12


5


 




6107 22 00 


- - Of man-made fibres


12


5


 




6107 29 00 


- - Of other textile materials


12


5


 




6107 91 00 


- - Of cotton


12


5


 




6107 99 00 


- - Of other textile materials


12


5


 




6108 11 00 


- - Of man-made fibres


12


5


 




6108 19 00 


- - Of other textile materials


12


5


 




6108 21 00 


- - Of cotton


12


5


 




6108 22 00 


- - Of man-made fibres


12


5


 




6108 29 00 


- - Of other textile materials


12


5


 




6108 31 00 


- - Of cotton


12


5


 




6108 32 00 


- - Of man-made fibres


12


5


 




6108 39 00 


- - Of other textile materials


12


5


 




6108 91 00 


- - Of cotton


12


5


 




6108 92 00 


- - Of man-made fibres


12


5


 




6108 99 00 


- - Of other textile materials


12


5


 




6109 10 00 


- Of cotton


12


3


 




6109 90 20 


- - Of wool or fine animal hair or man-made fibres


12


3


 




6109 90 90 


- - Of other textile materials


12


3


 




6110 11 10 


- - - Jerseys and pullovers, containing at least 50 % by weight of wool and weighing 600 g or more per article


10,5 


5


 




6110 11 30 


- - - - Men's or boys'


12


5


 




6110 11 90 


- - - - Women's or girls'


12


3


 




6110 12 10 


- - - Men's or boys'


12


5


 




6110 12 90 


- - - Women's or girls'


12


5


 




6110 19 10 


- - - Men's or boys'


12


5


 




6110 19 90 


- - - Women's or girls'


12


5


 




6110 20 10 


- - Lightweight fine knit roll, polo or turtleneck jumpers and pullovers


12


5


 




6110 20 91 


- - - Men's or boys'


12


3


 




6110 20 99 


- - - Women's or girls'


12


3


 




6110 30 10 


- - Lightweight fine knit roll, polo or turtleneck jumpers and pullovers


12


5


 




6110 30 91 


- - - Men's or boys'


12


3


 




6110 30 99 


- - - Women's or girls'


12


3


 




6110 90 10 


- - Of flax or ramie


12


5


 




6110 90 90 


- - Of other textile materials


12


3


 




6111 20 90 


- - Other


12


3


 




6111 30 90 


- - Other


12


5


 




6111 90 19 


- - - Other


12


5


 




6111 90 90 


- - Of other textile materials


12


5


 




6112 11 00 


- - Of cotton


12


5


 




6112 12 00 


- - Of synthetic fibres


12


5


 




6112 19 00 


- - Of other textile materials


12


5


 




6112 20 00 


- Ski suits


12


5


 




6112 31 90 


- - - Other


12


5


 




6112 39 90 


- - - Other


12


5


 




6112 41 90 


- - - Other


12


5


 




6112 49 90 


- - - Other


12


5


 




6113 00 90 


- Other


12


5


 




6114 20 00 


- Of cotton


12


5


 




6114 30 00 


- Of man-made fibres


12


3


 




6114 90 00 


- Of other textile materials


12


5


 




6115 10 10 


- - Stockings for varicose veins of synthetic fibres


8


5


 




6115 10 90 


- - Other


12


5


 




6115 21 00 


- - Of synthetic fibres, measuring per single yarn less than 67 decitex


12


5


 




6115 22 00 


- - Of synthetic fibres, measuring per single yarn 67 decitex or more


12


5


 




6115 29 00 


- - Of other textile materials


12


5


 




6115 30 11 


- - - Knee-length stockings


12


5


 




6115 30 19 


- - - Other


12


5


 




6115 30 90 


- - Of other textile materials


12


5


 




6115 94 00 


- - Of wool or fine animal hair


12


5


 




6115 95 00 


- - Of cotton


12


5


 




6115 96 10 


- - - Knee-length stockings


12


5


 




6115 96 91 


- - - - Women's stockings


12


5


 




6115 96 99 


- - - - Other


12


5


 




6115 99 00 


- - Of other textile materials


12


5


 




6117 10 00 


- Shawls, scarves, mufflers, mantillas, veils and the like


12


5


 




6117 80 80 


- - Other


12


5


 




6117 90 00 


- Parts


12


5


 




6201 11 00 


- - Of wool or fine animal hair


12


5


 




6201 12 10 


- - - Of a weight, per garment, not exceeding 1 kg


12


5


 




6201 12 90 


- - - Of a weight, per garment, exceeding 1 kg


12


5


 




6201 13 10 


- - - Of a weight, per garment, not exceeding 1 kg


12


5


 




6201 13 90 


- - - Of a weight, per garment, exceeding 1 kg


12


5


 




6201 19 00 


- - Of other textile materials


12


5


 




6201 91 00 


- - Of wool or fine animal hair


12


5


 




6201 92 00 


- - Of cotton


12


5


 




6201 93 00 


- - Of man-made fibres


12


5


 




6201 99 00 


- - Of other textile materials


12


5


 




6202 11 00 


- - Of wool or fine animal hair


12


5


 




6202 12 10 


- - - Of a weight, per garment, not exceeding 1 kg


12


3


 




6202 12 90 


- - - Of a weight, per garment, exceeding 1 kg


12


5


 




6202 13 10 


- - - Of a weight, per garment, not exceeding 1 kg


12


3


 




6202 13 90 


- - - Of a weight, per garment, exceeding 1 kg


12


3


 




6202 19 00 


- - Of other textile materials


12


5


 




6202 91 00 


- - Of wool or fine animal hair


12


5


 




6202 92 00 


- - Of cotton


12


5


 




6202 93 00 


- - Of man-made fibres


12


3


 




6202 99 00 


- - Of other textile materials


12


5


 




6203 11 00 


- - Of wool or fine animal hair


12


5


 




6203 12 00 


- - Of synthetic fibres


12


5


 




6203 19 10 


- - - Of cotton


12


5


 




6203 19 30 


- - - Of artificial fibres


12


5


 




6203 19 90 


- - - Of other textile materials


12


5


 




6203 22 10 


- - - Industrial and occupational


12


5


 




6203 22 80 


- - - Other


12


5


 




6203 23 10 


- - - Industrial and occupational


12


5


 




6203 23 80 


- - - Other


12


5


 




6203 29 11 


- - - - Industrial and occupational


12


5


 




6203 29 18 


- - - - Other


12


5


 




6203 29 30 


- - - Of wool or fine animal hair


12


5


 




6203 29 90 


- - - Of other textile materials


12


5


 




6203 31 00 


- - Of wool or fine animal hair


12


5


 




6203 32 10 


- - - Industrial and occupational


12


5


 




6203 32 90 


- - - Other


12


5


 




6203 33 10 


- - - Industrial and occupational


12


5


 




6203 33 90 


- - - Other


12


5


 




6203 39 11 


- - - - Industrial and occupational


12


5


 




6203 39 19 


- - - - Other


12


5


 




6203 39 90 


- - - Of other textile materials


12


5


 




6203 41 10 


- - - Trousers and breeches


12


3


 




6203 41 30 


- - - Bib and brace overalls


12


5


 




6203 41 90 


- - - Other


12


5


 




6203 42 11 


- - - - Industrial and occupational


12


5


 




6203 42 31 


- - - - - Of denim


12


3


 




6203 42 33 


- - - - - Of cut corduroy


12


5


 




6203 42 35 


- - - - - Other


12


3


 




6203 42 51 


- - - - Industrial and occupational


12


5


 




6203 42 59 


- - - - Other


12


5


 




6203 42 90 


- - - Other


12


5


 




6203 43 11 


- - - - Industrial and occupational


12


5


 




6203 43 19 


- - - - Other


12


3


 




6203 43 31 


- - - - Industrial and occupational


12


5


 




6203 43 39 


- - - - Other


12


5


 




6203 43 90 


- - - Other


12


5


 




6203 49 11 


- - - - - Industrial and occupational


12


5


 




6203 49 19 


- - - - - Other


12


5


 




6203 49 31 


- - - - - Industrial and occupational


12


5


 




6203 49 39 


- - - - - Other


12


5


 




6203 49 50 


- - - - Other


12


5


 




6203 49 90 


- - - Of other textile materials


12


5


 




6204 11 00 


- - Of wool or fine animal hair


12


5


 




6204 12 00 


- - Of cotton


12


5


 




6204 13 00 


- - Of synthetic fibres


12


5


 




6204 19 10 


- - - Of artificial fibres


12


5


 




6204 19 90 


- - - Of other textile materials


12


5


 




6204 21 00 


- - Of wool or fine animal hair


12


5


 




6204 22 10 


- - - Industrial and occupational


12


5


 




6204 22 80 


- - - Other


12


5


 




6204 23 10 


- - - Industrial and occupational


12


5


 




6204 23 80 


- - - Other


12


5


 




6204 29 11 


- - - - Industrial and occupational


12


5


 




6204 29 18 


- - - - Other


12


5


 




6204 29 90 


- - - Of other textile materials


12


5


 




6204 31 00 


- - Of wool or fine animal hair


12


5


 




6204 32 10 


- - - Industrial and occupational


12


5


 




6204 32 90 


- - - Other


12


5


 




6204 33 10 


- - - Industrial and occupational


12


5


 




6204 33 90 


- - - Other


12


3


 




6204 39 11 


- - - - Industrial and occupational


12


5


 




6204 39 19 


- - - - Other


12


5


 




6204 39 90 


- - - Of other textile materials


12


3


 




6204 41 00 


- - Of wool or fine animal hair


12


5


 




6204 42 00 


- - Of cotton


12


3


 




6204 43 00 


- - Of synthetic fibres


12


3


 




6204 44 00 


- - Of artificial fibres


12


5


 




6204 49 10 


- - - Of silk or silk waste


12


3


 




6204 49 90 


- - - Of other textile materials


12


5


 




6204 51 00 


- - Of wool or fine animal hair


12


5


 




6204 52 00 


- - Of cotton


12


5


 




6204 53 00 


- - Of synthetic fibres


12


5


 




6204 59 10 


- - - Of artificial fibres


12


5


 




6204 59 90 


- - - Of other textile materials


12


3


 




6204 61 10 


- - - Trousers and breeches


12


5


 




6204 61 85 


- - - Other


12


5


 




6204 62 11 


- - - - Industrial and occupational


12


5


 




6204 62 31 


- - - - - Of denim


12


3


 




6204 62 33 


- - - - - Of cut corduroy


12


5


 




6204 62 39 


- - - - - Other


12


3


 




6204 62 51 


- - - - Industrial and occupational


12


5


 




6204 62 59 


- - - - Other


12


5


 




6204 62 90 


- - - Other


12


5


 




6204 63 11 


- - - - Industrial and occupational


12


5


 




6204 63 18 


- - - - Other


12


3


 




6204 63 31 


- - - - Industrial and occupational


12


5


 




6204 63 39 


- - - - Other


12


5


 




6204 63 90 


- - - Other


12


5


 




6204 69 11 


- - - - - Industrial and occupational


12


5


 




6204 69 18 


- - - - - Other


12


5


 




6204 69 31 


- - - - - Industrial and occupational


12


5


 




6204 69 39 


- - - - - Other


12


5


 




6204 69 50 


- - - - Other


12


5


 




6204 69 90 


- - - Of other textile materials


12


5


 




6205 20 00 


- Of cotton


12


3


 




6205 30 00 


- Of man-made fibres


12


5


 




6205 90 10 


- - Of flax or ramie


12


5


 




6205 90 80 


- - Of other textile materials


12


5


 




6206 10 00 


- Of silk or silk waste


12


5


 




6206 20 00 


- Of wool or fine animal hair


12


5


 




6206 30 00 


- Of cotton


12


3


 




6206 40 00 


- Of man-made fibres


12


3


 




6206 90 10 


- - Of flax or ramie


12


5


 




6206 90 90 


- - Of other textile materials


12


5


 




6207 11 00 


- - Of cotton


12


5


 




6207 19 00 


- - Of other textile materials


12


5


 




6207 21 00 


- - Of cotton


12


5


 




6207 22 00 


- - Of man-made fibres


12


5


 




6207 29 00 


- - Of other textile materials


12


5


 




6207 91 00 


- - Of cotton


12


5


 




6207 99 10 


- - - Of man-made fibres


12


5


 




6207 99 90 


- - - Of other textile materials


12


5


 




6208 11 00 


- - Of man-made fibres


12


5


 




6208 19 00 


- - Of other textile materials


12


5


 




6208 21 00 


- - Of cotton


12


5


 




6208 22 00 


- - Of man-made fibres


12


5


 




6208 29 00 


- - Of other textile materials


12


5


 




6208 91 00 


- - Of cotton


12


5


 




6208 92 00 


- - Of man-made fibres


12


5


 




6208 99 00 


- - Of other textile materials


12


5


 




6209 20 00 


- Of cotton


10,5 


5


 




6209 30 00 


- Of synthetic fibres


10,5 


5


 




6209 90 10 


- - Of wool or fine animal hair


10,5 


5


 




6209 90 90 


- - Of other textile materials


10,5 


5


 




6210 10 10 


- - Of fabrics of heading 5602 


12


5


 




6210 10 92 


- - - Single-use gowns, of a kind used by patients or surgeons during surgical procedures


12


3


 




6210 10 98 


- - - Other


12


3


 




6210 20 00 


- Other garments, of the type described in subheadings 6201 11  to 6201 19 


12


5


 




6210 30 00 


- Other garments, of the type described in subheadings 6202 11  to 6202 19 


12


5


 




6210 40 00 


- Other men's or boys' garments


12


5


 




6210 50 00 


- Other women's or girls' garments


12


3


 




6211 11 00 


- - Men's or boys'


12


5


 




6211 12 00 


- - Women's or girls'


12


5


 




6211 20 00 


- Ski suits


12


5


 




6211 32 10 


- - - Industrial and occupational clothing


12


5


 




6211 32 31 


- - - - With an outer shell of a single identical fabric


12


5


 




6211 32 41 


- - - - - Upper parts


12


5


 




6211 32 42 


- - - - - Lower parts


12


5


 




6211 32 90 


- - - Other


12


5


 




6211 33 10 


- - - Industrial and occupational clothing


12


5


 




6211 33 31 


- - - - With an outer shell of a single identical fabric


12


5


 




6211 33 41 


- - - - - Upper parts


12


5


 




6211 33 42 


- - - - - Lower parts


12


5


 




6211 33 90 


- - - Other


12


5


 




6211 39 00 


- - Of other textile materials


12


5


 




6211 42 10 


- - - Aprons, overalls, smock-overalls and other industrial and occupational clothing (whether or not also suitable for domestic use)


12


5


 




6211 42 31 


- - - - With an outer shell of a single identical fabric


12


5


 




6211 42 41 


- - - - - Upper parts


12


5


 




6211 42 42 


- - - - - Lower parts


12


5


 




6211 42 90 


- - - Other


12


5


 




6211 43 10 


- - - Aprons, overalls, smock-overalls and other industrial and occupational clothing (whether or not also suitable for domestic use)


12


5


 




6211 43 31 


- - - - With an outer shell of a single identical fabric


12


5


 




6211 43 41 


- - - - - Upper parts


12


5


 




6211 43 42 


- - - - - Lower parts


12


5


 




6211 43 90 


- - - Other


12


5


 




6211 49 00 


- - Of other textile materials


12


3


 




6212 10 10 


- - In a set made up for retail sale containing a brassière and a pair of briefs


6,5 


3


 




6212 10 90 


- - Other


6,5 


3


 




6212 20 00 


- Girdles and panty girdles


6,5 


3


 




6212 30 00 


- Corselettes


6,5 


3


 




6212 90 00 


- Other


6,5 


3


 




6213 20 00 


- Of cotton


10


3


 




6213 90 00 


- Of other textile materials


10


5


 




6214 10 00 


- Of silk or silk waste


8


3


 




6215 10 00 


- Of silk or silk waste


6,3 


3


 




6215 20 00 


- Of man-made fibres


6,3 


3


 




6215 90 00 


- Of other textile materials


6,3 


3


 




6217 10 00 


- Accessories


6,3 


3


 




6217 90 00 


- Parts


12


5


 




6301 10 00 


- Electric blankets


6,9 


3


 




6301 20 10 


- - Knitted or crocheted


12


5


 




6301 20 90 


- - Other


12


5


 




6301 30 10 


- - Knitted or crocheted


12


5


 




6301 30 90 


- - Other


7,5 


5


 




6301 40 10 


- - Knitted or crocheted


12


5


 




6301 40 90 


- - Other


12


5


 




6301 90 10 


- - Knitted or crocheted


12


5


 




6301 90 90 


- - Other


12


5


 




6302 10 00 


- Bedlinen, knitted or crocheted


12


5


 




6302 21 00 


- - Of cotton


12


5


 




6302 22 10 


- - - Nonwovens


6,9 


3


 




6302 22 90 


- - - Other


12


5


 




6302 29 10 


- - - Of flax or ramie


12


5


 




6302 29 90 


- - - Of other textile materials


12


5


 




6302 31 00 


- - Of cotton


12


5


 




6302 32 10 


- - - Nonwovens


6,9 


3


 




6302 32 90 


- - - Other


12


5


 




6302 39 20 


- - - Of flax or ramie


12


5


 




6302 39 90 


- - - Of other textile materials


12


5


 




6302 40 00 


- Table linen, knitted or crocheted


12


5


 




6302 51 00 


- - Of cotton


12


5


 




6302 53 10 


- - - Nonwovens


6,9 


3


 




6302 53 90 


- - - Other


12


5


 




6302 59 10 


- - - Of flax


12


5


 




6302 59 90 


- - - Other


12


5


 




6302 60 00 


- Toilet linen and kitchen linen, of terry towelling or similar terry fabrics, of cotton


12


5


 




6302 91 00 


- - Of cotton


12


5


 




6302 93 10 


- - - Nonwovens


6,9 


3


 




6302 93 90 


- - - Other


12


5


 




6302 99 10 


- - - Of flax


12


5


 




6302 99 90 


- - - Other


12


5


 




6303 12 00 


- - Of synthetic fibres


12


5


 




6303 19 00 


- - Of other textile materials


12


5


 




6303 91 00 


- - Of cotton


12


5


 




6303 92 10 


- - - Nonwovens


6,9 


3


 




6303 92 90 


- - - Other


12


5


 




6303 99 10 


- - - Nonwovens


6,9 


3


 




6303 99 90 


- - - Other


12


5


 




6304 11 00 


- - Knitted or crocheted


12


5


 




6304 19 10 


- - - Of cotton


12


5


 




6304 19 30 


- - - Of flax or ramie


12


5


 




6304 19 90 


- - - Of other textile materials


12


5


 




6304 91 00 


- - Knitted or crocheted


12


5


 




6304 92 00 


- - Not knitted or crocheted, of cotton


12


5


 




6304 93 00 


- - Not knitted or crocheted, of synthetic fibres


12


5


 




6304 99 00 


- - Not knitted or crocheted, of other textile materials


12


5


 




6305 20 00 


- Of cotton


7,2 


5


 




6305 32 11 


- - - - Knitted or crocheted


12


5


 




6305 32 19 


- - - - Other


7,2 


5


 




6305 32 90 


- - - Other


7,2 


3


 




6305 33 10 


- - - Knitted or crocheted


12


5


 




6305 33 90 


- - - Other


7,2 


5


 




6305 39 00 


- - Other


7,2 


5


 




6305 90 00 


- Of other textile materials


6,2 


3


 




6306 12 00 


- - Of synthetic fibres


12


5


 




6306 19 00 


- - Of other textile materials


12


5


 




6306 22 00 


- - Of synthetic fibres


12


5


 




6306 29 00 


- - Of other textile materials


12


5


 




6306 30 00 


- Sails


12


5


 




6306 40 00 


- Pneumatic mattresses


12


5


 




6306 90 00 


- Other


12


5


 




6307 10 10 


- - Knitted or crocheted


12


5


 




6307 10 90 


- - Other


7,7 


5


 




6307 20 00 


- Life jackets and lifebelts


6,3 


3


 




6307 90 10 


- - Knitted or crocheted


12


5


 




6307 90 92 


- - - - Single-use drapes made up of fabrics of heading 5603 , of a kind used during surgical procedures


6,3 


3


 




6307 90 98 


- - - - Other


6,3 


3


 




6308 00 00 


Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered tablecloths or serviettes, or similar textile articles, put up in packings for retail sale


12


5


 




6401 10 00 


- Footwear incorporating a protective metal toecap


17


5


 




6401 92 10 


- - - With uppers of rubber


17


5


 




6401 92 90 


- - - With uppers of plastics


17


5


 




6401 99 00 


- - Other


17


5


 




6402 12 10 


- - - Ski- boots and cross-country ski footwear


17


5


 




6402 12 90 


- - - Snowboard boots


17


5


 




6402 19 00 


- - Other


16,9 


5


 




6402 20 00 


- Footwear with upper straps or thongs assembled to the sole by means of plugs


17


5


 




6402 91 10 


- - - Incorporating a protective metal toecap


17


5


 




6402 91 90 


- - - Other


16,9 


5


 




6402 99 05 


- - - Incorporating a protective metal toecap


17


5


 




6402 99 10 


- - - - With uppers of rubber


16,8 


5


 




6402 99 31 


- - - - - - With sole and heel combined having a height of more than 3 cm


16,8 


5


 




6402 99 39 


- - - - - - Other


16,8 


5


 




6402 99 50 


- - - - - Slippers and other indoor footwear


16,8 


5


 




6402 99 91 


- - - - - - Of less than 24 cm


16,8 


5


 




6402 99 93 


- - - - - - - Footwear which cannot be identified as men's or women's footwear


16,8 


5


 




6402 99 96 


- - - - - - - - For men


16,8 


5


 




6402 99 98 


- - - - - - - - For women


16,8 


5


 




6403 20 00 


- Footwear with outer soles of leather, and uppers which consist of leather straps across the instep and around the big toe


8


3


 




6403 40 00 


- Other footwear, incorporating a protective metal toecap


8


3


 




6403 51 11 


- - - - - Of less than 24 cm


8


3


 




6403 51 15 


- - - - - - For men


8


3


 




6403 51 19 


- - - - - - For women


8


3


 




6403 59 91 


- - - - - Of less than 24 cm


8


3


 




6403 91 11 


- - - - - Of less than 24 cm


8


3


 




6403 91 13 


- - - - - - Footwear which cannot be identified as men's or women's footwear


8


3


 




6403 91 91 


- - - - - Of less than 24 cm


8


3


 




6403 91 93 


- - - - - - Footwear which cannot be identified as men's or women's footwear


8


3


 




6403 91 96 


- - - - - - - For men


8


3


 




6403 99 31 


- - - - - - Of less than 24 cm


8


3


 




6403 99 33 


- - - - - - - Footwear which cannot be identified as men's or women's footwear


8


3


 




6403 99 36 


- - - - - - - - For men


8


3


 




6404 11 00 


- - Sports footwear; tennis shoes, basketball shoes, gym shoes, training shoes and the like


16,9 


5


 




6404 19 10 


- - - Slippers and other indoor footwear


16,9 


5


 




6404 19 90 


- - - Other


17


3


 




6404 20 10 


- - Slippers and other indoor footwear


17


5


 




6404 20 90 


- - Other


17


3


 




6405 90 10 


- - With outer soles of rubber, plastics, leather or composition leather


17


5


 




6903 10 00 


- Containing, by weight, more than 50 % of graphite or other carbon or of a mixture of these products


5


3


 




6903 20 10 


- - Containing, by weight, less than 45 % of alumina (Al2O3)


5


3


 




6903 20 90 


- - Containing, by weight, 45 % or more of alumina (Al2O3)


5


3


 




6903 90 10 


- - Containing, by weight, more than 25 % but not more than 50 % of graphite or other carbon or of a mixture of these products


5


3


 




6903 90 90 


- - Other


5


3


 




6907 10 00 


- Tiles, cubes and similar articles, whether or not rectangular, the largest surface area of which is capable of being enclosed in a square the side of which is less than 7 cm


5


3


 




6907 90 20 


- - Stoneware


5


3


 




6908 10 00 


- Tiles, cubes and similar articles, whether or not rectangular, the largest surface area of which is capable of being enclosed in a square the side of which is less than 7 cm


7


5


 




6908 90 11 


- - - Double tiles of the ‘Spaltplatten’ type


6


3


 




6908 90 20 


- - - Other


5


3


 




6908 90 31 


- - - Double tiles of the ‘Spaltplatten’ type


5


3


 




6908 90 51 


- - - - With a face of not more than 90 cm2



7


5


 




6908 90 91 


- - - - - Stoneware


5


3


 




6908 90 99 


- - - - - Other


5


3


 




6909 11 00 


- - Of porcelain or china


5


3


 




6909 90 00 


- Other


5


3


 




6910 10 00 


- Of porcelain or china


7


3


 




6910 90 00 


- Other


7


3


 




6911 10 00 


- Tableware and kitchenware


12


3


 




6911 90 00 


- Other


12


5


 




6912 00 10 


- Of common pottery


5


3


 




6912 00 30 


- Stoneware


5,5 


3


 




6912 00 50 


- Earthenware or fine pottery


9


5


 




6912 00 90 


- Other


7


3


 




6913 90 93 


- - - Earthenware or fine pottery


6


3


 




6913 90 98 


- - - Other


6


3


 




6914 10 00 


- Of porcelain or china


5


3


 




7010 20 00 


- Stoppers, lids and other closures


5


3


 




7010 90 43 


- - - - - - - - More than 0,33  l but less than 1 l


5


3


 




7010 90 57 


- - - - - - - - Less than 0,15  l


5


3


 




7010 90 71 


- - - - - - Exceeding 0,055  l


5


3


 




7010 90 91 


- - - - - - Of colourless glass


5


3


 




7010 90 99 


- - - - - - Of coloured glass


5


3


 




7013 10 00 


- Of glass ceramics


11


5


 




7013 22 10 


- - - Gathered by hand


11


5


 




7013 22 90 


- - - Gathered mechanically


11


5


 




7013 28 10 


- - - Gathered by hand


11


5


 




7013 28 90 


- - - Gathered mechanically


11


5


 




7013 33 11 


- - - - Cut or otherwise decorated


11


5


 




7013 33 19 


- - - - Other


11


5


 




7013 33 91 


- - - - Cut or otherwise decorated


11


5


 




7013 33 99 


- - - - Other


11


5


 




7013 37 10 


- - - Of toughened glass


11


5


 




7013 37 51 


- - - - - Cut or otherwise decorated


11


5


 




7013 37 59 


- - - - - Other


11


5


 




7013 37 91 


- - - - - Cut or otherwise decorated


11


5


 




7013 37 99 


- - - - - Other


11


5


 




7013 41 10 


- - - Gathered by hand


11


5


 




7013 41 90 


- - - Gathered mechanically


11


5


 




7013 42 00 


- - Of glass having a linear coefficient of expansion not exceeding 5 × 10-6 per Kelvin within a temperature range of 0 °C to 300 °C


11


5


 




7013 49 10 


- - - Of toughened glass


11


5


 




7013 49 91 


- - - - Gathered by hand


11


5


 




7013 49 99 


- - - - Gathered mechanically


11


5


 




7013 91 10 


- - - Gathered by hand


11


3


 




7013 91 90 


- - - Gathered mechanically


11


5


 




7013 99 00 


- - Other


11


3


 




7016 10 00 


- Glass cubes and other glass smallwares, whether or not on a backing, for mosaics or similar decorative purposes


8


3


 




7018 10 19 


- - - Other


7


5


 




7018 90 90 


- - Other


6


3


 




7019 11 00 


- - Chopped strands, of a length of not more than 50 mm


7


5


 




7019 12 00 


- - Rovings


7


5


 




7019 19 10 


- - - Of filaments


7


3


 




7019 19 90 


- - - Of staple fibres


7


5


 




7019 32 10 


- - - Of filaments


5


3


 




7019 32 90 


- - - Other


5


3


 




7019 40 00 


- Woven fabrics of rovings


7


5


 




7019 51 00 


- - Of a width not exceeding 30 cm


7


5


 




7019 52 00 


- - Of a width exceeding 30 cm, plain weave, weighing less than 250 g/m2, of filaments measuring per single yarn not more than 136 tex


7


5


 




7019 59 00 


- - Other


7


3


 




7020 00 08 


- - Finished


6


3


 




8482 10 10 


- - With greatest external diameter not exceeding 30 mm


8


3


 




8482 10 90 


- - Other


8


3


 




8482 20 00 


- Tapered roller bearings, including cone and tapered roller assemblies


8


3


 




8482 30 00 


- Spherical roller bearings


8


3


 




8482 40 00 


- Needle roller bearings


8


3


 




8482 50 00 


- Other cylindrical roller bearings


8


3


 




8482 80 00 


- Other, including combined ball/roller bearings


8


3


 




8519 20 91 


- - - With laser reading system


9,5 


5


 




8519 81 21 


- - - - - - With an analogue and digital reading system


9


5


 




8519 81 31 


- - - - - - - Of a kind used in motor vehicles, of a type using discs of a diameter not exceeding 6,5  cm


9


5


 




8519 81 35 


- - - - - - - Other


9,5 


3


 




8519 81 85 


- - - - - - Other


7


5


 




8521 10 20 


- - Using tape of a width not exceeding 1,3  cm and allowing recording or reproduction at a tape speed not exceeding 50 mm per second


14


3


 




8521 10 95 


- - Other


8


3


 




8521 90 00 


- Other


13,9 


3


 




8525 80 99 


- - - Other


14


3


 




8527 12 10 


- - - With an analogue and digital reading system


14


5


 




8527 12 90 


- - - Other


10


5


 




8527 13 10 


- - - With laser reading system


12


5


 




8527 13 91 


- - - - Of the cassette-type with an analogue and digital reading system


14


5


 




8527 13 99 


- - - - Other


10


3


 




8527 21 20 


- - - - With laser reading system


14


3


 




8527 21 52 


- - - - - Of the cassette-type with an analogue and digital reading system


14


5


 




8527 21 59 


- - - - - Other


10


5


 




8527 21 70 


- - - - With laser reading system


14


5


 




8527 21 92 


- - - - - Of the cassette-type with an analogue and digital reading system


14


5


 




8527 21 98 


- - - - - Other


10


5


 




8527 29 00 


- - Other


12


5


 




8527 91 11 


- - - - Of the cassette-type with an analogue and digital reading system


14


5


 




8527 91 19 


- - - - Other


10


3


 




8527 91 35 


- - - - With laser reading system


12


3


 




8527 91 91 


- - - - - Of the cassette-type with an analogue and digital reading system


14


5


 




8527 91 99 


- - - - - Other


10


5


 




8527 92 90 


- - - Other


9


5


 




8527 99 00 


- - Other


9


3


 




8528 49 10 


- - - Monochrome


14


5


 




8528 49 80 


- - - Colour


14


3


 




8528 59 10 


- - - Monochrome


14


3


 




8528 59 40 


- - - - With a screen of the liquid crystal display (LCD) technology


14


5


 




8528 59 80 


- - - - Other


14


5


 




8528 69 99 


- - - - Colour


14


5


 




8528 71 19 


- - - - Other


14


5


 




8528 71 91 


- - - - Apparatus with a microprocessor-based device incorporating a modem for gaining access to the Internet, and having a function of interactive information exchange, capable of receiving television signals (so-called ‘set-top boxes which have a communication function’, including those incorporating a device performing a recording or reproducing function, provided that they retain the essential character of a set top box which has a communication function)


14


5


 




8528 71 99 


- - - - Other


14


5


 




8528 72 10 


- - - Television projection equipment


14


3


 




8528 72 20 


- - - Apparatus incorporating a video recorder or reproducer


14


5


 




8528 72 30 


- - - - With integral tube


14


5


 




8528 72 40 


- - - - With a screen of the liquid crystal display (LCD) technology


14


5


 




8528 72 60 


- - - - With a screen of the plasma display panel (PDP) technology


14


5


 




8528 72 80 


- - - - Other


14


5


 




8529 90 92 


- - - - For television cameras of subheadings 8525 80 11  and 8525 80 19  and apparatus of headings 8527  and 8528 


5


3


 




8540 11 00 


- - Colour


14


5


 




8702 10 11 


- - - New


16


5


 




8702 10 19 


- - - Used


16


5


 




8702 10 91 


- - - New


10


5


 




8702 90 31 


- - - - New


10


5


 




8702 90 39 


- - - - Used


10


5


 




8703 10 18 


- - Other


10


5


 




8703 21 10 


- - - New


10


5


 




8703 21 90 


- - - Used


10


5


 




8703 22 10 


- - - New


10


5


 




8703 22 90 


- - - Used


10


3


 




8703 23 11 


- - - - Motor caravans


10


5


 




8703 23 19 


- - - - Other


10


3


 




8703 23 90 


- - - Used


10


3


 




8703 24 10 


- - - New


10


5


 




8703 24 90 


- - - Used


10


3


 




8703 31 10 


- - - New


10


5


 




8703 31 90 


- - - Used


10


5


 




8703 32 19 


- - - - Other


10


3


 




8703 32 90 


- - - Used


10


3


 




8703 33 19 


- - - - Other


10


5


 




8703 33 90 


- - - Used


10


3


 




8703 90 10 


- - With electric motors


10


5


 




8703 90 90 


- - Other


10


5


 




8704 21 31 


- - - - - New


22


5


 




8704 21 39 


- - - - - Used


22


3


 




8704 21 91 


- - - - - New


10


3


 




8704 21 99 


- - - - - Used


10


3


 




8704 22 91 


- - - - New


22


5


 




8704 22 99 


- - - - Used


22


5


 




8704 31 91 


- - - - - New


10


5


 




8704 31 99 


- - - - - Used


10


5


 




8704 90 00 


- Other


10


5


 




8706 00 11 


- - For vehicles of heading 8702  or 8704 


19


5


 




8706 00 99 


- - Other


10


5


 




8711 20 98 


- - - Exceeding 125 cm3 but not exceeding 250 cm3



8


3


 




8712 00 30 


- Bicycles with ball bearings


14


5


 




8712 00 70 


- Other


15


5


 




9002 90 00 


- Other


6,7 


3


 




9011 10 90 


- - Other


6,7 


5


 




9011 90 90 


- - Other


6,7 


3


 




9619 00 41 


- - - Knitted or crocheted


12


5


 




9619 00 49 


- - - Other


6,3 


3


 




9619 00 59 


- - - Other


10,5 


3


 









Appendix 2-A-2
TARIFF SCHEDULE OF SINGAPORE

1.   

The provisions of this Schedule are expressed in terms of the Singapore Trade Classification, Customs and Excise Duties (hereinafter referred to as ‘STCCE’), and the interpretation of the provisions of this Schedule, including the product coverage of subheadings of this Schedule, shall be governed by the General Notes, Section Notes, Chapter Notes and subheading notes of the STCCE. To the extent that provisions of this Schedule are identical to the corresponding provisions of the STCCE, the provisions of this Schedule shall have the same meaning as the corresponding provisions of the STCCE.



2.   

Pursuant to Article 2.6 (Reduction or Elimination of Customs Duties on Imports), Singapore shall eliminate customs duties on all originating goods of the Union as of the date of entry into force of this Agreement.







ANNEX 2-B
MOTOR VEHICLES AND PARTS THEREOF

ARTICLE 1
General Provisions

1.   This Annex shall apply to all forms of motor vehicles and parts thereof that are traded between the Parties that fall under Chapters 40, 84, 85, 87 and 94 of the HS 2012 (hereinafter referred to as ‘products covered by this Annex’).


2.   With regard to the products covered by this Annex, the Parties confirm the following shared objectives and principles:






(a)


eliminating and preventing non-tariff barriers to bilateral trade;










(b)


promoting compatibility and convergence of regulations based on international standards;










(c)


promoting recognition of approvals based, in particular, on approval schemes applied under the agreements administered by the World Forum for Harmonization of Vehicle Regulations (hereinafter referred to as the ‘WP.29’) within the framework of the United Nations Economic Commission for Europe (hereinafter referred to as ‘UNECE’);










(d)


establishing competitive market conditions based on the principles of openness, non-discrimination and transparency;










(e)


securing the protection of human health, safety and the environment; and










(f)


enhancing cooperation to foster continued mutually beneficial development in trade.







ARTICLE 2
International Standards

1.   The Parties recognise that the WP.29 is the relevant international standard-setting body for the products covered by this Annex (1).


2.   If Singapore decides to introduce a type-approval system for products covered by this Annex, Singapore will consider becoming a signatory of the Agreement concerning the Adoption of Uniform Technical Prescriptions 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 Prescriptions, done at Geneva on 20 March 1958.



ARTICLE 3
Regulatory Convergence







1.








(a)


The Parties shall at all times refrain from introducing any new domestic technical regulations that diverge from UNECE Regulations or Global Technical Regulations (hereinafter referred to as ‘GTR’) in areas covered by such UNECE Regulations or GTR, or where the completion of such UNECE Regulations or GTR is imminent, unless there are substantiated reasons, based on scientific or technical information, why a specific UNECE Regulation is ineffective or inappropriate for ensuring road safety or for the protection of the environment or public health (2).




(b)


A Party which introduces a new domestic technical regulation as referred to in subparagraph (a), upon request of the other Party, shall identify the parts of the domestic technical regulation which substantially deviate from the relevant UNECE Regulations or GTR, and shall provide due justification as to the reasons for the deviation.










2.   Insofar as a Party has introduced and maintains domestic technical regulations that diverge from existing UNECE Regulations or GTR in accordance with paragraph 1, that Party shall review those domestic technical regulations at regular intervals not exceeding five years, with a view to increasing the convergence of those domestic technical regulations with the relevant UNECE Regulations or GTR. When reviewing their domestic technical regulations, the Parties shall consider whether the circumstances that gave rise to the divergence still exist. The outcome of these reviews, including scientific and technical information used, shall be notified to the other Party upon request.


3.   Singapore shall accept new (3) Union products covered by this Annex and which are covered by an EC or UNECE type-approval certificate on its market as complying with its domestic technical regulations and conformity assessment procedures, without further testing or marking requirements to verify or attest compliance with requirements covered by an EC (4) or UNECE type-approval. A certificate of conformity, in the case of whole vehicles, or an EC or UNECE type-approval mark affixed to the product, in the case of components and separate technical units, shall be considered sufficient proof of the type-approval certificate.


4.   The competent administrative authorities of each Party may verify by random sampling in accordance with its domestic legislation that the products comply with, as appropriate:






(a)


all the domestic technical regulations of the Party; or










(b)


the domestic technical regulations to which compliance has been attested by an EC Certificate of conformity, in the case of whole vehicles, or an EC or UNECE mark affixed to the product, in the case of components and separate technical units, as referred to in paragraph 3.




Such verification shall be carried out in accordance with the domestic technical regulations under subparagraphs (a) or (b), as the case may be. Each Party may require a supplier to withdraw a product from its market where the product concerned does not comply with those regulations and requirements.



ARTICLE 4
Products with New Technologies or New Features

1.   Neither Party shall prevent or unduly delay the placing on its market of a product covered by this Annex and approved by the exporting Party, on the ground that the product incorporates a new technology or a new feature that the importing Party has not yet regulated, unless the importing Party can demonstrate, based on scientific or technical information, that such new technology or new feature creates a risk for human health, safety or the environment.


2.   When a Party refuses the placing on 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 immediately notify this decision to the other Party and to the economic operators (5) concerned. The notification shall include all relevant scientific or technical information considered in the Party's decision.



ARTICLE 5
Licensing
Neither Party shall apply automatic import licensing or non-automatic import licensing (6) to the products covered by this Annex.


ARTICLE 6
Other Measures Restricting Trade
Each Party shall refrain from nullifying or impairing the market access benefits accruing to the other Party under this Annex through other regulatory measures specific to the sector covered by this Annex. This is without prejudice to the right of each Party to adopt measures necessary for road safety, the protection of the environment or public health and the prevention of deceptive practices, provided such measures are based on substantiated scientific or technical information.


ARTICLE 7
Joint Cooperation
In the Committee on Trade in Goods, the Parties shall cooperate and exchange information on any matters relevant for the implementation of this Annex.



(1)  This paragraph is without prejudice to the Parties' rights to accept national standards or technical regulations of other countries.

(2)  Paragraphs 1(a) and 2 of Article 3 (Regulatory Convergence) and Article 6 (Other Measures Restricting Trade) of this Annex are without prejudice to Singapore taking traffic management measures such as electronic road pricing, on account of Singapore's specific space constraints.

(3)  For the purposes of this paragraph, where the term ‘new Union products covered by this Annex’ refers to whole vehicles, this term is understood to mean vehicles which have never been registered before worldwide.

(4)  For greater clarity, the terms ‘EC type-approval’, ‘EC type-approval certificate’, ‘certificate of conformity’ and ‘EC type-approval mark’ shall have the meanings assigned to them under Union legislation, in particular Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ EU L 263, 9.10.2007, p. 1).

(5)  Where Singapore is the importing Party, ‘economic operator’ shall mean the importer of the product concerned.

(6)  The terms ‘import licensing’, ‘automatic import licensing’ and ‘non-automatic import licensing’ are defined in Articles 1 to 3 of the WTO Agreement on Import Licensing Procedures.




ANNEX 2-C
PHARMACEUTICAL PRODUCTS AND MEDICAL DEVICES

ARTICLE 1
General Provisions
The Parties confirm the following shared objectives and principles of:






(a)


preventing and eliminating non-tariff barriers to bilateral trade;










(b)


establishing competitive market conditions based on principles of openness, non-discrimination and transparency;










(c)


promoting innovation relating to safe and effective pharmaceutical products and medical devices, and promoting timely access to such pharmaceutical products and medical devices, through transparent and accountable procedures, without impeding a Party's ability to apply high standards of safety, efficacy and quality; and










(d)


enhancing cooperation between their respective health authorities, based on international standards, practices and guidelines within the framework of relevant international organisations such as the World Health Organization (hereinafter referred to as ‘WHO’), the Organisation for Economic Co-operation and Development (hereinafter referred to as ‘OECD’), the International Conference on Harmonisation (hereinafter referred to as ‘ICH’), the Pharmaceutical Inspection Convention and Pharmaceutical Inspection Co-operation Scheme (hereinafter referred to as ‘PIC/S’) for pharmaceutical products and the Global Harmonization Task Force (hereinafter referred to as ‘GHTF’) for medical devices.






ARTICLE 2
International Standards
The Parties shall base their technical regulations on international standards, practices and guidelines for pharmaceutical products and medical devices, including those developed by the WHO, the OECD, the ICH, the PIC/S and the GHTF, unless there are substantiated reasons based on scientific or technical information why such international standards, practices or guidelines would be ineffective or inappropriate for the fulfilment of legitimate objectives pursued.


ARTICLE 3
Transparency

1.   With respect to measures of general application relating to pharmaceutical products and medical devices, each Party shall ensure that:






(a)


such measures are readily available to interested persons and the other Party, in a non-discriminatory manner, via an officially designated medium and, where feasible and possible, via electronic means, in such manner as to enable interested persons and the other Party to become acquainted with them;










(b)


an explanation of the objective of and rationale for such measures is provided to the extent possible; and










(c)


there is reasonable time between publication and entry into force of such measures, except where not possible on grounds of urgency.






2.   In accordance with their respective domestic law, each Party shall, to the extent possible:






(a)


publish in advance any proposal to adopt or amend any measure of general application relating to the regulation of pharmaceutical products and medical devices, including an explanation of the objective of and rationale for the proposal;










(b)


provide reasonable opportunities for interested persons and the other Party to comment on such proposed measures, allowing, in particular, for sufficient time for such opportunities; and










(c)


take into account the comments received from interested persons and the other Party with respect to such proposed measures.






3.   To the extent that a Party's health care authorities introduce or operate procedures for the listing, pricing or reimbursement of pharmaceutical products, the Party shall:






(a)


ensure that the criteria, rules, procedures, and where relevant, any guidelines, that apply to the listing, pricing or reimbursement of pharmaceutical products, are objective, fair, reasonable and non-discriminatory, and are available to interested persons upon request;










(b)


ensure that decisions on all applications for the pricing of pharmaceutical products, or for the approval of such products for reimbursement, are adopted and communicated to the applicant within a reasonable and specified period, which shall be measured from the date of the receipt of the application; if the information submitted by the applicant is deemed inadequate or insufficient and the procedure is suspended as a result, the Party's competent authorities shall notify the applicant of the additional information that is required and shall resume the original decision-making process upon receipt of this additional information;










(c)


provide applicants with appropriate opportunities to provide comments at relevant points in the decision-making process for pricing and reimbursement decisions, without prejudice to the applicable domestic law on confidentiality;










(d)


in case of a negative decision on listing, pricing or reimbursement, provide the applicant with a statement of reasons that is sufficiently detailed for the applicant to understand the basis of the decision, including the criteria applied and, if appropriate, provide any expert opinions or recommendations on which the decision is based; in addition, the applicant shall be informed of any remedies available under domestic law and of the time limits for applying for such remedies.







ARTICLE 4
Regulatory Cooperation
The Committee on Trade in Goods shall:






(a)


monitor and support the implementation of this Annex;










(b)


facilitate cooperation and the exchange of information between the Parties, with a view to furthering the objectives of this Annex;










(c)


discuss ways to foster the compatibility of regulatory approval processes wherever possible; and










(d)


discuss ways to facilitate bilateral trade in active pharmaceutical ingredients.






ARTICLE 5
Definitions
For the purposes of this Annex:






(a)


‘pharmaceutical products’ means:






(i)


any substance or combination of substances presented for treating or preventing diseases in human beings; or










(ii)


any substance or combination of substances which may be administered to human beings with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in human beings.




Pharmaceutical products include, for example, chemical medicinal products, biological medicinal products (e.g. vaccines, (anti)toxins), including medicinal products derived from human blood or human plasma, advanced therapy medicinal products (e.g. gene therapy medicinal products, cell therapy medicinal products), herbal medicinal products, and radiopharmaceuticals;










(b)


‘medical device’ (1) means any instrument, apparatus, implement, machine, appliance, implant, in vitro reagent or calibrator, software, material, or other similar or related article, intended by the manufacturer to be used, alone or in combination, for human beings for one or more of the specific purpose(s) of:






(i)


the diagnosis, prevention, monitoring, treatment or alleviation of disease;










(ii)


the diagnosis, monitoring, treatment, alleviation of, or compensation for, an injury;










(iii)


the investigation, replacement, modification or support of the anatomy or of a physiological process;










(iv)


the control of conception;










(v)


supporting or sustaining life;










(vi)


the disinfection of medical devices;










(vii)


providing information for medical or diagnostic purposes by means of in vitro examination of specimens derived from the human body;














(c)


‘a Party's health care authorities’ means entities that are part of or have been established by a Party to operate or administer its health care programmes, unless otherwise specified; and










(d)


‘manufacturer’ means the legal right holder of the product in the respective Party's territory.







(1)  For greater clarity, medical device does not achieve its primary intended action in or on the human body by pharmacological, immunological or metabolic means, but may be assisted in its function by such means.




ANNEX 4-A
ELECTRONICS

ARTICLE 1
General Provisions

1.   The Parties confirm the following shared objectives and principles:






(a)


eliminating and preventing non-tariff barriers to bilateral trade;










(b)


basing their standards, technical regulations and conformity assessment procedures, wherever appropriate, on relevant international standards;










(c)


eliminating duplicative and unnecessarily burdensome conformity assessment procedures; and










(d)


enhancing cooperation to foster the development of their bilateral trade in electronics.






2.   This Annex shall apply only to standards, technical regulations and conformity assessment procedures of either Party that relate to the safety and electromagnetic compatibility (hereinafter referred to as ‘EMC’) of electrical and electronic equipment, electrical household appliances and consumer electronics, as defined in Appendix 4-A-1 (hereinafter referred to as ‘covered products’).



ARTICLE 2
International Standards and Standard-setting Bodies

1.   The Parties recognise that the International Organization for Standards (hereinafter referred to as ‘ISO’), the International Electrotechnical Commission (hereinafter referred to as ‘IEC’) and the International Telecommunication Union (hereinafter referred to as ‘ITU’) are the relevant international standard-setting bodies for EMC and for the safety of products covered by this Annex (1).


2.   Where relevant international standards established by ISO, IEC and ITU exist, the Parties shall use such international standards or the relevant parts of such standards as a basis for any standard, technical regulation or conformity assessment procedure, except for cases where such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of legitimate objectives pursued by a Party. In such cases, upon the request of a Party, the other Party shall identify the parts of the respective standard, technical regulation or conformity assessment procedure which substantially deviate from the relevant international standard, and shall justify the deviation.


3.   Without prejudice to Article 2.3 of the TBT Agreement, insofar as a Party maintains technical regulations that deviate from existing relevant international standards as referred to in paragraph 2, that Party shall review such technical regulations at regular intervals, which shall not exceed five years, in order to assess whether the circumstances that gave rise to the deviation from the relevant international standard still exist. The outcome of such reviews shall be communicated to the other Party upon request.


4.   The Parties shall encourage their standard-setting bodies to participate in the development of international standards in the ISO, IEC and ITU, and to consult within the framework of those international standard-setting bodies, with a view to establishing common approaches.



ARTICLE 3
Innovation

1.   No Party shall prevent or unduly delay the placing of a product on its market on the grounds that the product incorporates a new technology or a new feature which has not yet been regulated.


2.   Paragraph 1 shall not prejudice the right of the importing Party, where it demonstrates duly substantiated concerns to the supplier of a product referred to in paragraph 1, to require evidence that the new technology or new feature concerned does not create a risk for safety or EMC or for any other legitimate objective as listed in Article 2.2 of the TBT Agreement.



ARTICLE 4
Conformity Assessment Procedures

1.   The Parties shall not prepare, adopt or apply conformity assessment procedures with the purpose or effect of creating unnecessary obstacles to trade with the other Party. In principle, Parties should avoid requiring mandatory third-party conformity assessments to prove that covered products comply with applicable technical regulations on safety and/or EMC, and instead should consider the use of a supplier's declaration of conformity and/or post-market surveillance mechanisms to ensure that products conform with relevant standards or technical requirements.


2.   Except as provided in Article 5 (Safeguard Measures), Article 6 (Exceptions) and Appendix 4-A-2, insofar as a Party requires a positive assurance of conformity with domestic technical regulations on the safety and/or EMC of covered products, each Party shall accept products on its market on the basis of one or more of the following:






(a)


a supplier's declaration of conformity, where intervention by a conformity assessment body or the testing of the product by a recognised test laboratory is not mandatory and, if testing is undertaken, such testing can be carried out by the manufacturer itself or by a competent body of its choice; or










(b)


a supplier's declaration of conformity that is based on a test report issued by a Certification Body (‘CB’) Testing Laboratory of the other Party under the CB Scheme of the Worldwide System for Conformity Testing and Certification of Electrotechnical Equipment and Components (IECEE) (hereinafter referred to as ‘IECEE CB Scheme’), and that is accompanied by a valid CB Test Certificate that was issued in accordance with the rules and procedures of the IECEE CB Scheme and with the commitments by the Parties thereunder; or










(c)


a supplier's declaration of conformity that is based on a test report issued by any testing laboratory or is based on a certificate issued by any certification body in the other Party that has concluded voluntary arrangements for the mutual acceptance of test reports or certificates with one or more conformity assessment bodies designated by the importing Party.




The choice of basis under this paragraph shall rest with the supplier.


3.   The supplier's declaration of conformity referred to in paragraph 2 shall be in accordance with ISO/IEC 17050. The Parties shall accept that the supplier is solely responsible for issuing, changing or withdrawing the declaration of conformity, for preparing the technical documentation which shall enable the assessment whether the products concerned conform with the applicable technical regulations, and for affixing any required markings. The Parties may require that the declaration of conformity be dated and identify the supplier or the supplier's authorised representative in their territories, that the person empowered by the manufacturer or his authorised representative sign the declaration, the products covered by the declaration, and the applied technical regulations to which the declaration of conformity relates.


4.   In addition to paragraphs 1 to 3, no Party shall require any form of registration of products or of suppliers, where such registration could prevent or otherwise delay the placing on the market of products that comply with the Party's technical regulations. Where a Party reviews the supplier's declaration, such review shall be limited solely to verifying, on the basis of the documentation submitted, that the test was done in accordance with the Party's relevant technical regulations, and that the information contained in the documentation is complete. Such reviews shall not cause undue delay for the placing of the products on the Party's market, and the Party shall accept the declaration, without exceptions, if the products comply with the Party's technical regulations and the documentation submitted is complete. In the event that a Party rejects a declaration, that Party shall communicate its decision to the supplier, together with an explanation of the grounds for the rejection. At the request of the supplier, the Party shall provide information or guidance, as appropriate, on how to rectify the shortcomings, as well as an explanation of possibilities for appealing the decision.



ARTICLE 5
Safeguard Measures
Notwithstanding Article 4 (Conformity Assessment Procedures), either Party may introduce requirements for mandatory third-party testing or certification of the EMC or safety of covered products, or may introduce administrative procedures for approving or reviewing test reports, for particular covered products under the following conditions:






(a)


there exist compelling reasons related to the protection of human health or safety that justify the introduction of such requirements or procedures, supported by substantiated technical or scientific information;










(b)


such requirements or procedures are not more trade-restrictive than necessary to fulfil the Party's legitimate objectives, taking into account the risks that non-fulfilment would create; and










(c)


the Party could not have reasonably foreseen the need for introducing such requirements or procedures at the time of entry into force of this Agreement.




Without prejudice to Article 2.10 of the TBT Agreement, before introducing the requirements or procedures, each Party shall notify the other Party and, following consultations, shall take the comments of the other Party into account to the greatest extent possible in devising such requirements or procedures. Any requirements that are introduced shall comply with this Annex to the greatest extent possible. Once adopted, any requirement or procedure that is introduced shall be regularly reviewed, and shall be repealed if the reasons for introducing that requirement or procedure no longer exist.


ARTICLE 6
Exceptions

1.   Pursuant to Singapore's agreement to substantially reduce the list of products for which it requires a positive assurance of conformity with its mandatory safety and/or EMC requirements, in the form of third-party certification, at the time of entry into force of this Agreement, Singapore shall only require such third-party certification for the product categories listed in Appendix 4-A-2.


2.   By the date of entry into force of this Agreement, Singapore shall have undertaken a review of its Consumer Protection (Safety Requirements) Registration Scheme with a view to reducing the number of products categories that are covered by the scheme and listed in Appendix 4-A-2. Such review shall examine the necessity of maintaining that scheme in its existing form, or whether that scheme's desired outcomes of ensuring human health and safety in Singapore can be achieved with simplified procedures that better facilitate trade (2).


3.   The review referred to in paragraph 2 shall include a risk assessment for each of the products covered by the Consumer Protection (Safety Requirements) Registration Scheme to ascertain whether moving towards post-market surveillance in accordance with paragraph 1 of Article 4 (Conformity Assessment Procedures) or accepting a positive assurance of conformity in accordance with paragraph 2 of Article 4 (Conformity Assessment Procedures) would create unreasonable risks for human health and safety. The risk assessment shall be conducted on the basis of available scientific and technical information, such as consumer reports on safety accidents and the non-conformity rate of product inspection. The risk assessment shall also consider whether the products had been used for their intended end-uses and whether those products had been used with reasonable and usual care.


4.   Depending on the outcome of the review referred to in paragraph 3, Singapore may maintain its requirements for the positive assurance of conformity by means of third-party certification for those products that are covered by the Consumer Protection (Safety Requirements) Registration Scheme, and are listed in Appendix 4-A-2, where the results of the risk assessment referred to in paragraph 3 demonstrate that adopting the procedures in paragraph 2 of Article 4 (Conformity Assessment Procedures) for such products would create unreasonable risks for human health and safety, or where it would not be possible to set up the post-market surveillance system to address such risks effectively.


5.   Singapore shall table the risk assessment referred to in paragraph 3 for discussion at the first meeting of the Committee on Trade in Goods. Following the review carried out by Singapore, the Parties, by decision in the Committee on Trade and Goods may modify Appendix 4-A-2 as appropriate.


6.   Insofar as Singapore continues to require positive assurances of conformity with its mandatory safety and/or EMC requirements in the form of third-party certification for covered products, Singapore shall accept certificates of conformity with its technical regulations that have been issued by a conformity assessment body in the Union that was designated by Singapore (3). Singapore shall also ensure that, for the purposes of issuing such certification, the conformity assessment bodies designated by Singapore accept test reports issued:






(a)


in accordance with the rules and procedures of the IECEE CB Scheme, and in accordance with the commitments of the Parties thereunder, by one of the Recognised CB Testing Laboratories or Recognised CB Manufacturer's Testing Laboratories of the Union;










(b)


in accordance with relevant international standards, guides and recommendations (including ISO/IEC 17025), by any testing laboratory of the Union that has been accredited by an accreditation body which is a signatory to the Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation or one of its regional bodies' mutual recognition agreements to which Singapore is a Party; or










(c)


by any testing laboratory in the Union that has concluded voluntary arrangements for mutual acceptance of test reports with one or more conformity assessment bodies designated by Singapore.






7.   Five years after the entry into force of this Agreement, and thereafter at regular intervals that shall not exceed five years, Singapore shall review Appendix 4-A-2 again, with the aim of reducing the number of product categories listed therein. Such reviews shall include the risk assessments laid out in paragraph 3. Singapore shall submit such risk assessments for discussion at the Committee on Trade in Goods.


8.   Following the review carried out by Singapore, the Parties, by decision in the Committee on Trade and Goods, may modify Appendix 4-A-2 as appropriate.



ARTICLE 7
Joint Cooperation

1.   The Parties shall closely cooperate to promote common understanding on regulatory issues and shall consider any request of the other Party regarding the implementation of this Annex.


2.   This cooperation shall take place within the framework of the Committee on Trade in Goods.




(1)  The Parties may, by decision of the Committee on Trade in Goods, agree on any new international standard-setting bodies which they deem relevant for the purposes of implementing this Annex.

(2)  For example, Singapore will review the administrative procedures associated with the Consumer Protection (Safety Requirements) Registration Scheme, including the procedures for accepting and reviewing test reports and certificates of conformity.

(3)  Singapore shall comply with this requirement within three years of the entry into force of this Agreement.



Appendix 4-A-1
SCOPE

1.   
Annex 4-A shall cover those products listed in paragraph 2 of Article 1 (General Provisions) of Annex 4-A which, in the case of the Union's obligations, at the date of signature of this Agreement, fall within the scope of Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits, or Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility, or of the provisions on safety or electromagnetic compatibility of Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC.
For products under the scope of Directive 2014/53/EU, the Union shall be able to require additional requirements, other than safety and EMC, in accordance with Article 3 of that Directive.
Where a supplier has not applied or has only applied in part the harmonised standards referred to in Article 16 of Directive 2014/53/EU, radio equipment within the scope of Article 10(4) of Directive 2014/53/EU shall be subject to the procedures described in either of Annexes III or IV of Directive 2014/53/EU, at the choice of the supplier. Where the supplier's declaration of conformity has to be accompanied by test reports, the supplier may use the procedures described in subparagraphs 2(b) and 2(c) of Article 4 (Conformity Assessment Procedures) of Annex 4-A.


2.   
Annex 4-A shall also cover those products listed in paragraph 2 of Article 1 (General Provisions) of Annex 4-A which, in the case of Singapore's obligations, at the date of signature of this Agreement, fall within the scope of the Consumer Protection (Consumer Goods Safety Requirements) Regulations 2011, the Consumer Protection (Safety Requirements) Regulations 2004, the Telecommunications Act, Chapter 323 and the Telecommunications (Dealers) Regulations 2004.
For products under the Telecommunications Act, Chapter 323 and the Telecommunications (Dealers) Regulations 2004, Singapore shall be able to require additional requirements, other than safety and EMC.


3.   

The Parties understand that the products covered by the domestic laws listed in this Appendix, which include all the products to which Annex 4-A applies, are intended to cover all electronics products. It is understood that in case a product is not covered by Annex 4-A for a Party but is covered for the other Party, or at the time of signature of this Agreement or subsequently, is subject to mandatory third-party certification by a Party but not by the other Party, the other Party can subject such product to a similar treatment as may be necessary for the protection of human health and safety. Before such measures are implemented, the Party wishing to introduce them shall notify the other Party of its intentions and provide for a period of three months for consultations.






Appendix 4-A-2
PRODUCT CATEGORIES
Cooking range intended for household use, namely, a device for cooking and includes separate stationary ovens and grills, cooking table cookers, hob elements, grills and griddles which form part of cooking ranges, and ovens and grills for installation in walls, except a cooking range having a mass of less than 18 kg.
Hairdryer, namely, an electrically operated appliance intended to be used for the drying of hair of persons and incorporating heating elements.
High-fidelity set, namely, an electronic device for reproduction of sounds, with little distortion, connected to the supply mains as the only energy source, intended for domestic and similar general indoor use with a rated supply voltage not exceeding 250 volts RMS at 50 Hz.
Audio product (other than a high-fidelity set), namely, an electronic device for the reproduction of sound, connected to the supply mains, either directly or indirectly.
Iron, namely, an electrically operated appliance with a heated soleplate for the ironing of clothes, for household and similar purposes.
Kettle, namely, an electrically operated household appliance for the heating of water for consumption, having a rated capacity not exceeding 10 litres.
Microwave oven, namely, an electrically operated appliance for heating food and beverages using electromagnetic energy (microwaves) in one or more of the I.S.M. frequency bands between 300 MHz and 30 GHz, and intended for household use. These appliances may also incorporate a browning function.
Rice cooker, namely, an electrically operated household appliance for cooking rice.
Refrigerator, namely, a self-contained assembly consisting of a thermally insulated cabinet for the storage and preservation of foodstuffs above 0 °C (32 °F) and a refrigerating unit operating on the vapour compression principle that is arranged to extract heat from within the cabinet, with or without one or more freezer compartments.
Room air-conditioner, namely, a self-contained assembly designed as a unit, primarily for mounting in a window or through the wall or as a console. It is designed primarily to provide free delivery of conditioned air to an enclosed space, room or zone (conditioned space). It includes a prime source of refrigeration for cooling and dehumidification and a system for the circulation and the cleaning of air, and a drain arrangement for collecting or disposing any condensate. It may also include systems for humidifying, ventilating or exhausting air.
Table or standing fan, namely, an electrically operated appliance for agitating air, with an associated regulator, intended for use on single-phase AC or DC circuits not exceeding 250 volts, and intended for household use and similar purposes.
Television or video display unit, namely, an electronic device for receiving and displaying information from a transmitting station or local source, connected to the supply mains, either directly or indirectly, and intended for domestic and similar general indoor use, other than a cathode ray tube television receiver.
Vacuum cleaner, namely, a machine which removes dirt and dust by the suction produced by a motor-driven air pump, and intended for household use and similar purposes.
Washing machine, namely, an electrically operated appliance intended for washing clothes and textiles (whether or not with a mechanism for water heating), for extracting water from clothes or for drying clothes.
Table lamp or standing lamp, namely, a portable general purpose luminaire, other than a hand lamp, for use with tungsten filament, tubular fluorescent or other discharge lamps, connected to the supply mains, either directly or indirectly.
Toaster, grill, roaster, hotplate and similar appliances, namely, electric appliances connected to the supply mains, which make use of direct or indirect heat (e.g. heated medium such as air and cooking oil) for food preparation and intended for household use.
Wall fan or ceiling fan, namely, an electric fan and its associated regulator intended, for mounting on the wall or ceiling, and for use on a single phase AC or DC circuit not exceeding 250 volts for household and similar purposes.
Adaptor, namely, a device designed to supply AC or DC power from an AC or DC source, either by itself or as part of an accessory, for uses such as computers, telecommunication equipment, home entertainment equipment or toys.
Coffee maker, slow cooker, steam boat and similar appliances, namely, electrically operated appliances that heats up water to high temperatures in the course of food and beverage preparation.
Laser disc set, namely, an electronic device for video recording and play-back or for play-back only, connected to the supply mains, either directly or indirectly, and intended for domestic and similar general indoor use, other than a laser disc (LD) player or video.
Mixer, blender, mincer and similar appliances, namely, electrically operated machines for food and beverage preparation and intended for household use.
Air cooler, namely, an electrically operated appliance for agitating the air equipped to use water as a cooling medium and its associated regulator intended for use on single phase AC and DC circuits not exceeding 250 volts for household and similar purposes.
Home computer system (inclusive of monitor, printer, speaker and other mains operated accessories), namely, a microprocessor based data system with compact, local computing and calculating power on high definition graphics and with flexible data communication interfacing.
Decorative lighting fixture, namely, lighting chains fitted with a series or parallel connected incandescent lamps for either indoor or outdoor use on supply voltages not exceeding 250 volts.
3-pin rectangular type 13-ampere plug, namely, a portable fused device having projecting pins designed to engage with the contacts of a corresponding socket-outlet. A plug also incorporates a means for the electrical connection and the mechanical retention of a suitable flexible cord.
Fuse (13-ampere or less) for use in a plug, namely, a device that, by the fusion of one or more of its specially designed and proportioned components, opens the circuit in which it is inserted and breaks the current when this exceeds a given value for a sufficient time. The fuse comprises all the parts that form the complete device.
3-pin round type 15-ampere plug, namely, a device carrying 3 metallic plug pins substantially cylindrical in form, intended for engagements with corresponding socket contacts, arranged for connection to a suitable flexible cord.
Multi-way adaptor, namely, an adaptor having more than one set of socket contacts (the socket contacts may or may not be of the same type or rating as the plug pin portion).
3-pin portable socket-outlet, namely, an accessory having a set of 3 socket-contacts designed to engage with the pins of a corresponding plug and having means for the electrical connection of appropriate cables or flexible cords, for connection to, or integral with, a flexible cord, and which can be easily moved from one place to another while connected to the supply.
Portable cable reel, namely, a device comprising a flexible cable or cord attached to a reel, so constructed that the flexible cable may be completely wound onto the reel, and provided with a plug and one or more socket outlets.
Instantaneous electric water heater, namely, an electrically operated stationary appliance for household and similar purposes and intended for heating water below boiling temperature, with its rated voltage not more than 250 V for single-phase appliances and 480 V for other appliances.
Mains pressure electric storage water heater, namely, an electrically operated stationary appliance for household and similar purposes, and intended for storing and heating water below boiling temperature, with its rated voltage not more than 250 V for single-phase appliances and 480 V for other appliances.
Residual Current Circuit Breaker (RCCB), namely, a device intended to protect persons against indirect contact, the exposed conductive parts of the installation being connected to an appropriate earth electrode.
3-pin 13-ampere socket-outlet, namely, a 13 A shuttered socket-outlet in single or multiple arrangements with associated controlling switches, for flush mounting in suitable box or for surface or panel mounting. The socket-outlet is suitable for the connection of portable appliances, sound-vision equipment, luminaries, etc., in AC circuits only operating at voltage not exceeding 250 V RMS at 50 Hz.
3-pin round type 15-ampere socket-outlet, namely, a 15 A shuttered socket-outlet which contains a switch connected between the current carrying contact of the socket-outlet and the relevant supply terminal, for flush mounting in suitable box or for surface or panel mounting. The socket-outlet is suitable for the connection of electrical appliances in AC circuits only operating at voltage not exceeding 250 V RMS at 50 Hz.
Domestic electric wall switch, namely, a manually operated general purpose switch for AC only, with a rated voltage not exceeding 440 V and a rated current not exceeding 63 A, intended for household and similar fixed-electrical installations, either indoors or outdoors.
Ballast for tubular fluorescent lamp, namely, a unit inserted between the supply and one or more fluorescent lamps which, by means of inductance, capacitance, or a combination of inductance and capacitance or electronic circuitry, serves mainly to limit the current of the lamp(s) to the required value.
Isolating transformer for downlight fitting, namely, a transformer with input and output windings of which are electrically separated to limit hazards due to accidental simultaneous contact with earth and live parts or metal parts which may become live in the event of an insulation failure.




Appendix 4-A-3
DEFINITIONS
For the purposes of Annex 4-A, the following definitions shall apply:

         ‘safety of electrical equipment’ means that equipment, having been constructed in accordance with good engineering practice in safety matters, does not endanger the safety of persons, domestic animals or property when properly installed, maintained and used in applications for which it was made;

         ‘electromagnetic compatibility’ means that equipment is designed and manufactured, having regard to the state of the art, so as to ensure that:






(a)


the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended; and










(b)


the equipment has a level of immunity to the electromagnetic disturbance that is to be expected in its intended use, which allows it to operate without unacceptable degradation of the performance of the equipment when used as intended.





         ‘electromagnetic disturbance’ means any electromagnetic phenomenon which may degrade the performance of equipment, including electromagnetic noise, an unwanted signal or a change in the propagation medium itself;

         ‘immunity’ means the ability of equipment to perform as intended and without degradation of performance in the presence of an electromagnetic disturbance;

         ‘declaration of conformity’ means the issuance of a statement, based on a decision following review, that fulfilment of specified requirements has been demonstrated;

         ‘supplier’ means a manufacturer or its authorised representative in the territory of the importing Party, or where neither is present in the territory of the importing Party, the responsibility for the presentation of the supplier's declaration shall rest with the importer; and

         ‘testing laboratory’ means a conformity assessment body that performs testing services and has received attestation conveying a formal demonstration of its competence to carry out these specific tasks.
The definitions of ‘standard’, ‘technical regulation’ and ‘conformity assessment procedures’ are the same as those provided in Annex I of the TBT Agreement.





ANNEX 5-A
COMPETENT AUTHORITIES

ARTICLE 1
Competent Authorities of the Union
The competent authorities of the Union include the Member States' administrations and the European Commission. In this respect, the following applies:






(a)


as regards exports to Singapore, the Member States' administrations are responsible for the control of the production circumstances and requirements, including statutory inspections and issuing health (or animal welfare) certifications attesting to the agreed standards and requirements;










(b)


as regards imports from Singapore, the Member States' administrations are responsible for the control of the compliance of imports with the Union's import conditions;










(c)


the European Commission is responsible for the overall coordination, inspection and audits of inspection systems and the necessary legislative action to ensure the uniform application of standards and requirements within the Internal Market of the Union.






ARTICLE 2
Competent Authorities of Singapore
The Agri-Food and Veterinary Authority (hereinafter referred to as ‘AVA’) is responsible for ensuring a resilient supply of safe and wholesome food, safeguarding the health of animals, fish and plants, and facilitating trade in food and agricultural products.
In this respect, the following applies:






(a)


the AVA is the competent authority responsible for import and export inspections and quarantines;










(b)


the AVA is the national authority responsible for food safety for both primary and processed food, ensures the safety of all food, from production to just before retail, adopts a science-based risk analysis and management approach based on international standards to evaluate and ensure food safety; and










(c)


the AVA is the national authority responsible for animal and plant health, it administers a comprehensive programme to prevent the introduction of animal diseases of agricultural, economic and public health importance, and also a comprehensive programme to control, as well as to prevent, the incursion of diseases and pests of economic and plant health importance.









ANNEX 5-B
REQUIREMENTS AND PROVISIONS FOR APPROVAL OF ESTABLISHMENTS FOR PRODUCTS OF ANIMAL ORIGIN

1.   

The competent authorities of the importing Party shall draw up lists of approved establishments and shall make these lists publicly available.



2.   
The requirements and procedures for the approval of establishments by the importing Party are as follows:






(a)


The animal product which the establishment intends to export to the importing Party shall have been authorised by the competent authorities of the importing Party. This authorisation shall include the import and certification requirements.










(b)


The competent authorities of the exporting Party shall have approved the establishments that intend to export the animal product concerned, and shall have provided the importing Party with the sanitary guarantees required by the importing Party that the establishments meet the relevant requirements of the importing Party.










(c)


The competent authorities of the exporting Party shall have the power to suspend or withdraw the export approval of an establishment in the event of non-compliance.










(d)


The importing Party may carry out verifications in accordance with Article 5.8 (Verifications) as part of the approval procedure.
Verifications as part of the approval procedure shall concern the structure, organisation and powers of the competent authority responsible for the approval of the establishment, and the sanitary guarantees regarding the compliance with the importing Party's requirements.
Verifications may include on-the-spot inspections of a certain number of representative establishments that appear on the lists of approved establishments provided by the exporting Party.
Taking into account the specific structure and responsibilities within the Union, such verification in the Union may concern individual Member States.










(e)


The importing Party may carry out verifications in accordance with Article 5.8 (Verification) at any time. Based on the results of such verifications, the importing Party may amend the lists of approved establishments which the importing Party had drawn up under paragraph 1 of this Annex.






3.   
The provisions in paragraphs 1 and 2 shall initially be limited to the following categories of establishments:






(a)


all establishments for fresh meat of domestic species;










(b)


all establishments for fresh meat of wild and farmed game;










(c)


all establishments for poultry meat;










(d)


all establishments for meat products of all species;










(e)


all establishments for other products of animal origin for human consumption (e.g., casings, meat preparations, minced meat);










(f)


all establishments for milk and milk products for human consumption; and










(g)


processing establishments and factory/freezer vessels for fishery products for human consumption, including bivalve molluscs and crustaceans.









ANNEX 8-A
THE UNION'S SCHEDULE OF SPECIFIC COMMITMENTS

1.   

The Union's Schedule of Specific Commitments is set out in Appendices 8-A-1 to 8-A-3.



2.   

The Appendices referred to in paragraph 1 constitute an integral part of this Annex.



3.   

The definitions of terms provided for in Chapter Eight (Services, Establishment and Electronic Commerce) apply to this Annex.



4.   
In identifying individual sectors and subsectors of services:






(a)


‘CPC’ means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, CPC prov, 1991;










(b)


‘CPC ver. 1.0’ means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, CPC ver 1.0, 1998; and.










(c)


‘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.






5.   
In the Appendices specified in paragraph 1 the following abbreviations are used for referring to the Union or to any of its Member States:






AT


Austria




BE


Belgium




BG


Bulgaria




CY


Cyprus




CZ


Czech Republic




DE


Germany




DK


Denmark




EE


Estonia




EL


Greece




ES


Spain




EU


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




RO


Romania




SE


Sweden




SI


Slovenia




SK


Slovakia




UK


United Kingdom








Appendix 8-A-1
UNION
SCHEDULE OF SPECIFIC COMMITMENTS IN CONFORMITY WITH ARTICLE 8.7
(SCHEDULE OF SPECIFIC COMMITMENTS)
(CROSS-BORDER SUPPLY OF SERVICES)








1.


The list of commitments below indicates the service sectors liberalised pursuant to Article 8.7 (Schedule of Specific Commitments) and, by means of reservations, the market access and national treatment limitations that apply to services and service suppliers of Singapore in those sectors. The list below is composed of the following elements:






(a)


the first column, which indicates the sector or subsector in which the commitment is undertaken by the Union, and the scope of liberalisation to which the reservations apply; and










(b)


the second column, which describes the applicable reservations.




The cross-border supply of services in sectors or subsectors that are covered by this Agreement and are not mentioned in the list of commitments below is not committed.












2.


The list of commitments below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures where such measures do not constitute a limitation on market access or national treatment within the meaning of Articles 8.5 (Market Access) and Article 8.6 (National Treatment). Those measures (e.g. requirements to obtain a license, universal service obligations, requirements to obtain recognition of qualifications in regulated sectors and requirements to pass specific examinations, including language examinations), even if not listed, apply in any case to services and service suppliers of Singapore.












3.


The list of commitments below is without prejudice to the feasibility of the cross-border supply of service, provided in paragraph (a) of Article 8.4 (Definitions), in certain service sectors and subsectors, and is without prejudice to the existence of public monopolies and exclusive rights, as described in the list of commitments on establishment.












4.


In accordance with paragraph 2(a) of Article 8.1 (Objective and Scope), the list of commitments below does not include measures concerning subsidies granted by a Party.












5.


The rights and obligations arising from the list of commitments below shall have no self-executing effect, and thus confer no rights directly to natural or juridical persons.












6.


The term ‘investor’, as used in this schedule of commitments, shall be understood as the term of ‘entrepreneur’ defined in paragraph (c) of Article 8.8 (Definitions).






Sector or subsector


Description of reservations




ALL SECTORS


Real estate
For Modes 1 and 2
All Member States except AT, BG, CY, CZ, DK, EL, FI, HU, IE, IT, LT, MT, PL, RO, SI, SK: None.
AT: The acquisition, purchase, rent or lease of real estate by foreign natural persons and juridical persons requires the authorisation of the competent regional authorities (Länder), which will consider whether important economic, social or cultural interests are affected or not.
BG: Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited property rights (1) in real estate, subject to the permission of the Ministry of Finance. The requirement of permission does not apply to persons who have made investments in Bulgaria.
Foreign citizens with permanent residence abroad, foreign juridical persons, and companies in which foreign participation ensures a majority in adopting decisions or in which foreign participation blocks the adoption of decisions, can acquire real estate property rights in specific geographic regions designated by the Council of Ministers subject to permission.




 


CY: Unbound.
CZ: Agricultural and forest land can be acquired by foreign natural and juridical persons with permanent residence in the Czech Republic. Specific rules apply to the agricultural and forest land in the state ownership.
DK: Limitations on real estate purchase by non-resident physical and legal entities. Limitations on agricultural estate purchased by foreign physical and legal entities.
EL: According to Law No. 1892/90, permission from the Minister of Defence is needed for a citizen to acquire land in areas near borders. According to administrative practices, permission is easily granted for direct investment.
FI: (Åland Islands): Restrictions on the right of natural persons who do not enjoy regional citizenship in Åland, and restrictions on the right of juridical persons, to acquire and hold real property on the Åland Islands without the permission of the competent authorities of the islands. Restrictions on the right of establishment and the right to provide services by natural persons who do not enjoy regional citizenship in Åland, or by any juridical persons, without permission by the competent authorities of the Åland Islands.




 


HU: Limitations on acquisition of land and real estate by foreign investors (2).
IE: Prior written consent of the Land Commission is necessary for the acquisition of any interest in Irish land by domestic or foreign companies or foreign nationals. Where such land is for industrial use (other than agricultural industry), this requirement is waived subject to certification to this effect from the Minister for Enterprise, Trade and Employment. This law does not apply to land within the boundaries of cities and towns.
IT: The purchase of real estate by foreign natural and juridical persons is subject to a condition of reciprocity.
LT: Unbound for acquisition of land (3).
MT: The requirements of Maltese legislation and regulations regarding acquisition of real property shall continue to apply.
PL: The acquisition of real estate, direct or indirect, by foreigners (a natural or foreign legal persons) requires permission. Unbound for the acquisition of state-owned property (i.e. the regulations governing the privatization process).




 


RO: Natural persons not having Romanian citizenship and residence in Romania, as well as legal persons not having Romanian nationality and their headquarters in Romania, cannot acquire ownership over any kind of land plots through inter vivos acts.
SI: Juridical persons, established in Slovenia with foreign capital participation may acquire real estate in the territory of Slovenia. Branches (4) established in Slovenia by foreign persons may only acquire real estate, except land, necessary for the conduct of the economic activities for which they are established.
SK: Limitations on real estate acquisition by foreign physical and legal entities. Foreign entities may acquire real property through establishment of Slovak legal entities or participation in joint ventures. Unbound for land.










1.


BUSINESS SERVICES






 










A.


Professional Services






 










(a)


Legal Services (5) (CPC 861) (6)

excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, ‘huissiers de justice’ or other ‘officiers publics et ministériels’.






For Modes 1 and 2
AT, CY, ES, EL, LT, MT, SK: Full admission to the Bar, which is required for the practice of domestic (EU and Member State) law, is subject to a nationality condition.
BE, FI: Full admission to the Bar, which is required for legal representation services, is subject to a nationality condition, coupled with a residency requirement. In BE quotas apply for representation before the ‘Cour de cassation’ in non-criminal cases.
BG: Singapore's lawyers can only provide legal representation services to Singaporean nationals subject, to reciprocity and cooperation with a Bulgarian lawyer. For legal mediation services, permanent residence is required.
FR: Lawyers' access to the profession of ‘avocat auprès de la Cour de Cassation’ and ‘avocat auprès du Conseil d'Etat’ is subject to quotas and to a nationality condition.
HR: Unbound for practicing of Croatian law.
HU: Full admission to the Bar is subject to a nationality condition coupled with a residency requirement. For foreign lawyers, the scope of legal activities is limited to the provision of legal advice.
LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved.
DK: The marketing of legal advice services is reserved to lawyers with a Danish licence to practice and law firms registered in Denmark. Requirement of a Danish legal examination in order to obtain a Danish licence.
SE: Admission to the Bar, necessary only for the use of the Swedish title ‘advokat’, is subject to a residency requirement.










(b)








1.


Accounting and Bookkeeping Services (CPC 86212 other than auditing services, CPC 86213, CPC 86219 and CPC 86220)










For Mode 1
FR, HU, IT, MT, RO, SI: Unbound.
AT: Nationality condition for representation before competent authorities.
For Mode 2
None.










(b)








2.


Auditing services




(CPC 86211 and 86212 other than accounting services)






For Mode 1
BE, BG, CY, DE, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PT, RO, UK: Unbound.
AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian laws (e.g. joint stock companies law, stock exchange law, banking law, etc.)
HR: Foreign audit firms may provide audit services on the Croatian territory where they have established a branch.
SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, inter alia, in all limited companies. Only such persons may be shareholders or form partnerships in companies which practice qualified auditing (for official purposes). Residency is required for approval.
LT: Auditor's report must be prepared in conjunction with an auditor accredited to practice in Lithuania.
For Mode 2
None.










(c)


Taxation Advisory Services (CPC 863) (7)







For Mode 1
AT: Nationality condition for representation before competent authorities.
CY: Tax agents must be duly authorised by the Minister of Finance. Authorisation is subject to an economic needs test. The criteria used are analogous to those for granting permission for foreign investment (listed in horizontal section). As these criteria apply to this subsector, the employment situation in the subsector is always taken into consideration.
BG, MT, RO, SI: Unbound.
For Mode 2
None.










(d)


Architectural services
and










(e)


Urban planning and landscape architectural services (CPC 8671 and CPC 8674)






For Mode 1
AT: Unbound except for planning services.
BE, BG, CY, EL, IT, MT, PL, PT, SI: Unbound.
DE: Application of the domestic rules on fees and emoluments for all services which are performed from abroad.
HR: Natural and legal persons may supply architectural services upon approval of the Croatian Chamber of Architects. A design or project elaborated abroad must be recognized (validated) by an authorized natural or legal person in Croatia with regard to its compliance with Croatian Law. Unbound for urban planning.
HU, RO: Unbound for landscape architectural services.
For Mode 2
None.










(f)


Engineering services
and










(g)


Integrated engineering services (CPC 8672 and CPC 8673)






For Mode 1
AT, SI: Unbound except for pure planning services.
BG, CY, EL, IT, MT, PT: Unbound.
HR: Natural and legal persons may supply engineering services upon approval of the Croatian Chamber of Engineers. A design or project developed abroad must be recognized (validated) by an authorized natural or legal person in Croatia with regard to its compliance with Croatian Law.
For Mode 2
None.










(h)


Medical (including Psychologists), and Dental services (CPC 9312 and part of CPC 85201)






For Mode 1
AT, BE, BG, CY, DE, DK, EE, ES, FI, FR, EL, IE, IT, LU, MT, NL, PT, RO, SK, UK: Unbound.
SI: Unbound for social medicine services, sanitary services, epidemiological services, medical/ecological services, the supply of blood, blood preparations and transplants, and autopsies.
HR: Unbound, except for telemedicine.
For Mode 2
None.










(i)


Veterinary services (CPC 932)






For Mode 1
AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, MT, NL, PT, RO, SI, SK: Unbound.
UK: Unbound except for veterinary laboratory and technical services supplied to veterinary surgeons, general advice, guidance and information (e.g. nutritional, behaviour and pet care).
For Mode 2
None.










(j)








1.


Midwives services (part of CPC 93191)














(j)








2.


Services provided by Nurses, Physiotherapists and Paramedical Personnel (part of CPC 93191)










For Mode 1
AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PT, RO, SI, SK, UK: Unbound.
FI, PL: Unbound except for nurses.
HR: Unbound, except for telemedicine.
For Mode 2
None.










(k)


Retail sales of pharmaceuticals and retail sales of medical and orthopaedic goods (CPC 63211)
and other services supplied by pharmacists (8)







For Mode 1
AT, BE, BG, DE, CY, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SE, SK, SI, UK, CZ: Unbound.
LV, LT: Unbound except for mail order.
HU: Unbound except for CPC 63211.
For Mode 2
None.










B.


Computer and Related Services (CPC 84)






For Modes 1 and 2: None.










C.


Research and Development Services






 




R&D services on Social Sciences and Humanities (CPC 852 excluding psychologists services) (9)



None.




R&D services on natural sciences (CPC 851)
Interdisciplinary R&D services (CPC 853)


EU: For publicly funded R&D services, exclusive rights and/or authorisations can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union.










D.


Real Estate Services (10)







 










(a)


Involving Own or Leased Property (CPC 821)






For Mode 1
BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: Unbound.
HR: Commercial presence required.
For Mode 2
None.
DK: The title of ‘real estate agent’ may only be used by people who have been admitted to the real estate agent register. Section 25(2) of the Act on the sale of real estate lays down the requirements for who can be admitted to the register.




 


Inter alia, the Act requires that the applicant is a Danish resident or resident of the Union, the European Economic Area or Switzerland. Furthermore, some requirements regarding the applicant's theoretical insight and practical knowledge must be considered in the way that they were laid down by the Danish Authority of Enterprise and Construction in guidelines. The Act on the sale of real estate is only applicable when dealing with Danish consumers. Other legislation concerning the ability of foreigners to buy/sell property in Denmark can be applicable, e.g. residency requirements.










(b)


On a Fee or Contract Basis (CPC 822)






For Mode 1
BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: Unbound.
HR: Commercial presence required.
DK: The title of ‘real estate agent’ may only be used by people who have been admitted to the real estate agent register. Section 25(2) of the Act on the sale of real estate lays down the requirements for who can be admitted to the register.
Inter alia, the Act requires that the applicant is a Danish resident or resident of the Union, the European Economic Area or Switzerland. Furthermore, some requirements regarding the applicant's theoretical insight and practical knowledge must be considered in the way that they were laid down by the Danish Authority of Enterprise and Construction in guidelines. The Act on the sale of real estate is only applicable when dealing with Danish consumers. Other legislation concerning the ability of foreigners to buy/sell property in Denmark can be applicable, e.g. residency requirements.




 


For Mode 2
None.










E.


Rental/Leasing Services without Operators






 










(a)


Relating to Ships (CPC 83103)






For Mode 1
BG, CY, DE, HU, MT, RO: Unbound.
For Mode 2
None.










(b)


Relating to Aircraft (CPC 83104)






For Mode 1
BG, CY, CZ, HU, LV, MT, PL, RO, SK: Unbound.
For Mode 2
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound.
AT, BE, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, NL, PT, SI, SE, UK: Aircraft used by an air carrier of the Union have to be registered in the Member State of the Union that licensed the air carrier or elsewhere in the Union. Waivers can be granted for short term lease contracts or under exceptional circumstances.










(c)


Relating to Other Transport Equipment (CPC 83101, CPC 83102 and CPC 83105)






For Mode 1
BG, CY, HU, LV, MT, PL, RO, SI: Unbound.
For Mode 2
None.
For Mode 1 and 2
HR: excluding cabotage.










(d)


Relating to Other Machinery and Equipment (CPC 83106, CPC 83107, CPC 83108 and CPC 83109)






For Mode 1
BG, CY, CZ, HU, MT, PL, RO, SK: Unbound.
For Mode 2
None.










(e)


Relating to personal and household goods (CPC 832)






For Modes 1 and 2
BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.
EE: Unbound except for leasing or rental services concerning pre-recorded video cassettes for use in home entertainment equipment.










(f)


Telecommunications equipment rental (CPC 7541)






For Modes 1 and 2
None.










F.


Other Business Services






 










(a)


Advertising (CPC 871)






For Modes 1 and 2
None.










(b)


Market Research and Opinion Polling (CPC 864)






For Modes 1 and 2
None.










(c)


Management Consulting Services (CPC 865)






For Modes 1 and 2
None.










(d)


Services Related to Management Consulting (CPC 866)






For Modes 1 and 2
HU: Unbound for arbitration and conciliation services (CPC 86602).










(e)


Technical Testing and Analysis Services (CPC 8676)






For Mode 1
IT: Unbound for the profession of biologists and chemical analysts.
BG, CY, CZ, MT, PL, RO, SK, SE: Unbound.
For Mode 2
BG, CY, CZ, MT, PL, RO, SK, SE: Unbound.










(f)


Advisory and Consulting services incidental to Agriculture, Hunting and Forestry (part of CPC 881)






For Mode 1
IT: Unbound for activities reserved to agronomists and ‘periti agrari’.
EE, MT, RO: Unbound.
For Mode 2
None.










(g)


Advisory and Consulting Services Relating to Fishing (part of CPC 882)






For Mode 1
LV, MT, RO, SI: Unbound.
For Mode 2
None.










(h)


Advisory and Consulting Services incidental to Manufacturing (part of CPC 884 and part of CPC 885)






For Modes 1 and 2
None.










(i)


Placement and Supply Services of Personnel






 










(i)








1.


Executive search (CPC 87201)










For Mode 1
AT, BG, CY, CZ, DE, EE, ES, FI, HR, IE, LV, LT, MT, PL, PT, RO, SK, SI, SE: Unbound.
For Mode 2
AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, RO, SK, SI: Unbound.










(i)








2.


Placement Services (CPC 87202)










For Mode 1
AT, BE, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR, HR, IE, IT, LU, LV, LT, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.
For Mode 2
AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, RO, SI, SK: Unbound.










(i)








3.


Supply Services of office support personnel (CPC 87203)










For Mode 1
AT, BG, CY, CZ, DE, EE, FI, FR, HR, IT, IE, LV, LT, MT, NL, PL, PT, RO, SE, SK, SI: Unbound.
For Mode 2
AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, RO, SK, SI: Unbound.










(i)








4.


Supply services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPCs 87204, 87205, 87206, 87209)










For Modes 1 and 2
All Member States except HU: Unbound.
HU: None.










(j)








1.


Investigation Services (CPC 87301)










For Modes 1 and 2
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, UK: Unbound.










(j)








2.


Security Services (CPC 87302, CPC 87303, CPC 87304 and CPC 87305)










For Mode 1
HU: Unbound for CPC 87304, CPC 87305
BE, BG, CY, CZ, ES, EE, FI, FR, HR, IT, LV, LT, MT, PT, PL, RO, SI, SK: Unbound.
DK:: Requirement of nationality and residence for members of the board. Unbound for the supply of airport guard services.
For Mode 2
HU: Unbound for CPC 87304, CPC 87305
BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Unbound.










(k)


Related Scientific and Technical Consulting Services (CPC 8675)






For Mode 1
BE, BG, CY, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SI, UK: Unbound for exploration services.
HR: Services of basic geological, geodetic and mining consulting services as well as related environmental protection consulting services on the territory of Croatia can be carried out only jointly with/or through domestic legal persons.
For Mode 2
None.










(l)








1.


Maintenance and repair of vessels (part of CPC 8868)










For Mode 1
For maritime transport vessels: BE, BG, CY, DE, DK, ES, FI, FR, HR, EL, IE, IT, LT, MT, NL, PL, PT, RO, SE, SI, UK: Unbound.
For internal waterways transport vessels: EU except EE, HU, LV: Unbound.
For Mode 2
None.










(l)








2.


Maintenance and Repair of Rail Transport Equipment (part of CPC 8868)










For Mode 1
AT, BE, BG, DE, CY, CZ, DK, ES, FI, FR, EL, HR, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SE, SI, SK, UK: Unbound.
For Mode 2
None.










(l)








3.


Maintenance and Repair of motor vehicles, motorcycles, snowmobiles and road transport Equipment (CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868)










For Modes 1 and 2
None.










(l)








4.


Maintenance and Repair of Aircraft and parts thereof (part of CPC 8868)










For Mode 1
BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, LU, MT, NL, PT, RO, SK, SI, SE, UK: Unbound.
For Mode 2
None.










(l)








5.


Maintenance and Repair services of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods (11) (CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)










For Modes 1 and 2
None.










(m)


Building-Cleaning Services (CPC 874)






For Mode 1
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, HR, EL, IE, IT, LU, LV, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.
For Mode 2
None.










(n)


Photographic Services (CPC 875)






For Mode 1
BG, EE, MT, PL: Unbound for the supply of aerial photographic services.
HR, LV: Unbound for specialty photographic services. (CPC 87504)
For Mode 2
None.










(o)


Packaging Services (CPC 876)






For Modes 1 and 2
None.










(p)


Printing and Publishing (CPC 88442)






For Modes 1 and 2
None.










(q)


Convention Services (part of CPC 87909)






For Modes 1 and 2
None.










(r)








1.


Translation and Interpretation Services (CPC 87905)










For Mode 1
PL: Unbound for services of sworn interpreters.
HR: Unbound for official documents.
HU, SK: Unbound for official translation and interpretation.
For Mode 2
None.










(r)








2.


Interior design and other specialty design services (CPC 87907)










For Mode 1
DE: Application of the domestic rules on fees and emoluments for all services which are performed from abroad.
For Mode 2
None.










(r)








3.


Collection Agency Services (CPC 87902)










For Modes 1 and 2
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.










(r)








4.


Credit reporting services (CPC 87901)










For Modes 1 and 2
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.










(r)








5.


Duplicating services (CPC 87904) (12)











For Mode 1
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound
For Mode 2
None.










(r)








6.


Telecommunications consulting services (CPC 7544)










For Modes 1 and 2
None.










(r)








7.


Telephone answering services (CPC 87903)










For Modes 1 and 2
None.










2.


COMMUNICATION SERVICES






 










A.


Postal and Courier Services (Services relating to the handling (13) of postal items (14) according to the following list of subsectors, whether for domestic or foreign destinations:






(i)


Handling of addressed written communications on any kind of physical medium (15), including Hybrid mail service and Direct mail;










(ii)


Handling of addressed parcels and packages (16);










(iii)


Handling of addressed press products (17);










(iv)


Handling of items referred to in (i) to (iii) above as registered or insured mail;










(v)


Express delivery services (18) for items referred to in (i) to (iii) above;










(vi)


Handling of non-addressed items; and










(vii)


Document exchange (19).




Subsectors (i), (iv) and (v) are however excluded when they fall into the scope of the services which may be reserved for items of correspondence the price of which is less than five times the public basic tariff, provided that they weigh less than 100 grams (20), and for the registered mail service used in the course of judicial or administrative procedures.)
(part of CPC 751, part of CPC 71235 (21) and part of CPC 73210 (22))






For Modes 1 and 2
None.










B.


Telecommunications Services
These services do not cover the economic activity consisting of the provision of content which requires telecommunications services for its transport.






 










(a)


All services consisting of the transmission and reception of signals by any electromagnetic means (23), excluding broadcasting (24)







For Modes 1 and 2
None.










3.


CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518)






For Modes 1 and 2
None.










4.


DISTRIBUTION SERVICES (excluding distribution of arms, munitions, explosives and other war material)










A.


Commission Agents' Services






(a)


Commission Agents' Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (part of CPC 61111, part of CPC 6113 and part of CPC 6121)










(b)


Other Commission Agents' Services (CPC 621)














B.


Wholesale Trade Services






(a)


Wholesale Trade Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (part of CPC 61111, part of CPC 6113 and part of CPC 6121)










(b)


Wholesale Trade Services of telecommunication terminal equipment (part of CPC 7542)










(c)


Other wholesale trade services (CPC 622 excluding wholesale trade services of energy products (25))










For Modes 1 and 2
EU except AT, SI, FI: Unbound for distribution of chemical products, and of precious metals (and stones).
AT: Unbound for distribution of pyrotechnical goods, of ignitable articles and blasting devices and of toxic substances.
AT, BG: Unbound for distribution of products for medical use such as medical and surgical devices, medical substances and objects for medical use.
HR: Unbound for tobacco products.
For Mode 1
AT, BG, FR, PL, RO: Unbound for distribution of tobacco and tobacco products.
IT: For wholesale trade services, state monopoly on tobacco.
BG, FI, PL, RO: Unbound for distribution of alcoholic beverages.
SE: Unbound for retail of alcoholic beverages.
AT, BG, CZ, FI, RO, SK, SI: Unbound for distribution of pharmaceuticals.
BG, HU, PL: Unbound for commodity brokers' services.
FR: For commission agents' services, unbound for traders and brokers working in 17 markets of national interest on fresh food products. Unbound for wholesale of pharmaceuticals.
MT: Unbound for commission agents' services.
BE, BG, CY, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK, UK: For retailing services, unbound except for mail order.










C.


Retailing Services (26)

Retailing Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (CPC 61112, part of CPC 6113 and part of CPC 6121)
Retailing Services of telecommunication terminal equipment (part of CPC 7542)
Food retailing services (CPC 631)
Retailing services of other (non-energy) goods, except retail sales of pharmaceutical, medical and orthopaedic goods (27) (CPC 632 excluding CPC 63211 and 63297)










D.


Franchising (CPC 8929)






 










5.


EDUCATIONAL SERVICES (only privately-funded services)






 










A.


Primary Education Services (CPC 921)






For Mode 1
BG, CY, FI, FR, HR, IT, MT, RO, SE, SI: Unbound.
For Mode 2
CY, FI, HR, MT, RO, SE, SI: Unbound.










B.


Secondary Education Services (CPC 922)






For Mode 1
BG, CY, FI, FR, HR, IT, MT, RO, SE: Unbound.
For Mode 2
CY, FI, MT, RO, SE: Unbound.
For Modes 1 and 2
LV: Unbound for education services relating to technical and vocational secondary school-type education services for handicapped students (CPC 9224).










C.


Higher Education Services (CPC 923)






For Mode 1
AT, BG, CY, FI, MT, RO, SE: Unbound.
FR: Nationality condition. However, Singaporean nationals can be authorised by competent authorities to establish and direct an education institution, and to teach.
IT: Nationality condition for service providers to be authorised to issue State recognized diplomas.
For Mode 2
AT, BG, CY, FI, MT, RO, SE: Unbound.
For Modes 1 and 2
CZ, SK: Unbound for higher education services, except post-secondary technical and vocational education services (CPC 92310).










D.


Adult Education Services (CPC 924)






For Modes 1 and 2
CY, FI, MT, RO, SE: Unbound.
For Mode 1
AT: Unbound for adult education services by means of radio or television broadcasting.










E.


Other education services (CPC 929)






For Modes 1 and 2
AT, BE, BG, CY, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SI, SE, UK: Unbound.
For Mode 1
HR: None for correspondence education or education via telecommunications.










6.


ENVIRONMENTAL SERVICES










A.


Waste Water Services (CPC 9401) (28)











B.


Solid/hazardous waste management, excluding cross-border transport of hazardous waste






(a)


Refuse Disposal Services (CPC 9402)










(b)


Sanitation and Similar Services (CPC 9403)














C.


Protection of ambient air and climate (CPC 9404) (29)











D.


Remediation and clean-up of soil and waters






(a)


Treatment, remediation of contaminated/polluted soil and water (part of CPC 94060) (30)















E.


Noise and vibration abatement (CPC 9405)










F.


Protection of biodiversity and landscape






(a)


Nature and landscape protection services (part of CPC 9406)














G.


Other environmental and ancillary services (CPC 94090)






For Mode 1
EU: Unbound except for consulting services.
For Mode 2
None.










7.


FINANCIAL SERVICES






 










A.


Insurance and insurance-related services






For Modes 1 and 2
AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, RO, SK, SE, SI, UK: Unbound for direct insurance services except for the insurance of risks relating to:






(a)


Maritime shipping, 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 arising therefrom; and










(b)


goods in international transit.




AT: Promotional activity and intermediation on behalf of a subsidiary not established in the Union or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited. Compulsory air insurance, except for insurance of international commercial air transport, can only be underwritten by a subsidiary established in the Union or by a branch established in Austria. A higher premium tax is due for insurance contracts (except for contracts on reinsurance and retrocession) which are written by a subsidiary not established in the Union or by a branch not established in Austria. Exceptions from the higher premium tax can be granted.




 


DK: Compulsory air transport insurance can be underwritten only by firms established in the Union. No persons or companies (including insurance companies) may assist, for business purposes in Denmark, in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities.
DE: Compulsory air insurance policies can be underwritten only by a subsidiary established in the Union or by a branch established in Germany. 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.
FR: Insurance of risks relating to ground transport may be underwritten only by insurance firms established in the Union.
PL: Unbound except for reinsurance, retrocession and insurance of goods in international trade.
PT: Air and maritime transport insurance, covering goods, aircraft, hull and liability, can be underwritten only by firms established in the Union. Only persons or companies established in the Union may act as intermediaries for such insurance business in Portugal.
RO: Reinsurance on international market is allowed only if the reinsured risk cannot be placed on the domestic market.




 


For Mode 1
AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PT, RO, SK, SE, SI, UK: Unbound for direct insurance intermediation services except for insurance of risks relating to:






(a)


Maritime shipping, 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 arising therefrom; and










(b)


goods in international transit.




BG: Unbound for direct insurance, except for services supplied by foreign suppliers to foreign persons in the territory of Bulgaria. Transport insurance covering goods, insurance of vehicles as such, and liability insurance regarding risks located in Bulgaria, may not be underwritten by foreign insurance companies directly. A foreign insurance company may conclude insurance contracts only through a branch in the Union. Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes.
CY, LV, MT: Unbound for direct insurance services except for insurance of risks relating to:






(a)


Maritime shipping, 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 arising therefrom; and










(b)


goods in international transit.








 


LT: Unbound for direct insurance services except for insurance of risks relating to:






(a)


Maritime shipping, 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 arising therefrom; and










(b)


goods in international transit, except related to land transport where the risk is located in Lithuania.




LV, LT, PL, BG: Unbound for insurance intermediation.
FI: Only insurers having their head office in the Union or having their branch in Finland may offer direct insurance (including co-insurance) services. The supply of insurance broker services is subject to a permanent place of business in the Union.
HU: The supply of direct insurance in the territory of Hungary by insurance companies not established in the Union is allowed only through a branch office registered in Hungary.
IT: Unbound for the actuarial profession. Transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the Union. This reservation does not apply to international transport involving imports into Italy.
SE: The supply of direct insurance is allowed only through an insurance service supplier authorised in Sweden, provided that the foreign service supplier and the Swedish insurance company belong to the same group of companies or have an agreement of cooperation between them.




 


ES: For actuarial services, residency requirement and three-years relevant experience.
For Mode 2
AT, BE, BG, CZ, CY, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound for intermediation.
BG: For direct insurance, Bulgarian natural and juridical persons, as well as foreign persons who conduct business activity in the territory of Bulgaria, can conclude insurance contracts only with suppliers which are licensed to conduct insurance activity in Bulgaria with respect to their activity in Bulgaria. Insurance compensation resulting from these contracts shall be paid in Bulgaria. Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes.
HR: Unbound for direct insurance and direct insurance intermediation services, except






(a)


life insurance: for the ability of foreign persons residing in Croatia to obtain life insurance;










(b)


non-life insurance:






(i)


for the ability of foreign persons residing in Croatia to obtain non-life insurance other than automobile liability;










(ii)








—


personal or property risk insurance that is not available in the Republic of Croatia;










—


companies purchasing insurance abroad in connection with investment works abroad including the equipment for those works;










—


for ensuring the return of foreign loans (collateral insurance);










—


personal and property insurance of wholly-owned enterprises and joint ventures which perform an economic activity in a foreign country, if it is in accordance with the regulations of that country or it is required by its registration;










—


ships under construction and overhaul if it is stipulated by the contract concluded with the foreign client (buyer);


















(c)


marine, aviation, transport.




IT: Transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the Union. This reservation does not apply to international transport involving imports into Italy.










B.


Banking and other financial services (excluding insurance)
All subsectors indicated below






For Mode 1
AT, BE, BG, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, SK, SE, UK: Unbound except for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.
BE: Establishment in Belgium is required for the provision of investment advisory services.
BG: Limitations and conditions relating to the use of telecommunications network may apply.
CY: Unbound except for trading of transferable securities, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.
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.
EE: The establishment of a specialised management company is required to perform the activities of management of investment funds, and only firms having their registered office in the Union can act as depositories of the assets of investment funds.
HR: Unbound except for lending, financial leasing, payment and money transmission services, guarantees and commitments, money broking, provision and transfer of financial information and advisory and other auxiliary financial services, excluding intermediation.




 


LT: The establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies, and only firms having their registered office in the Union can act as depositories of the assets of investment funds.
IE: The provision of investment services or investment advice requires either (a) authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (authorisation may not be required in certain cases, e.g. where a Singapore's service supplier has no commercial presence in Ireland and the service is not provided for private individuals), or (b) authorisation in another Member State of the Union in accordance with the Union directive on investment and services.
IT: Unbound for ‘promotori di servizi finanziari’ (financial salesmen).
LV: Unbound except for participation in issue of all kinds of securities, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.
LT: Commercial presence is required for pension fund management.
MT: Unbound except for acceptance of deposits, for lending of all types, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.




 


PL: For the provision and transfer of financial information, and financial data processing and related software, requirement to use the public telecommunications network, or the network of other authorised operator.
RO: Unbound for financial leasing, for trading of money market instruments, foreign exchange, derivative products, exchange rate and interest rate instruments, transferable securities and other negotiable instruments and financial assets, for participation in issue of all kinds of securities, for asset management and for settlement and clearing services for financial assets. Payments and money transmission services are allowed only through a bank established in Romania.
SI:






(a)


Participation in issue of Treasury bonds, pension fund management: Unbound.










(b)


All other subsectors, except participation in issue of Treasury bonds, pension fund management, provision and transfer of financial information and advisory and other auxiliary financial services: Unbound except accepting credits (borrowing of all types), and accepting guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors. Foreign persons can offer foreign securities only through domestic banks and stock broking company. Members of the Slovenian Stock Exchange must be incorporated in Slovenia or be branches of foreign investment firms or banks.








 


For Mode 2
BG: Limitations and conditions relating to the use of telecommunications network may apply.
PL: For the provision and transfer of financial information, and financial data processing and related software, requirement to use the public telecommunications network, or the network of other authorised operator.










8.


HEALTH SERVICES AND SOCIAL SERVICES (only privately-funded services)






 










A.


Hospital Services (CPC 9311)










C.


Residential health facilities other than hospital services (CPC 93193)






For Mode 1
AT, BE, BG, DE, CY, CZ, DK, ES, EE, FI, FR, EL, HR, IE, IT, LV, LT, MT, LU, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.
For Mode 2
None.










D.


Social Services (CPC 933)






For Mode 1
AT, BE, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR, HR, HU, IE, IT, LU, MT, PL, PT, RO, SE, SI, SK, UK: Unbound.
For Mode 2
BE: Unbound except for convalescent and rest houses and old people's homes.










9.


TOURISM AND TRAVEL RELATED SERVICES






 










A.


Hotel, Restaurants and Catering (CPC 641, CPC 642 and CPC 643)
excluding catering in air transport services






For Mode 1
AT, BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound except for catering.
HR: Unbound.
For Mode 2
None.










B.


Travel Agencies and Tour Operators Services (including tour managers) (CPC 7471)






For Mode 1
BG, HU: Unbound.
For Mode 2
None.










C.


Tourist Guides Services (CPC 7472)






For Mode 1
BG, CY, CZ, HU, IT, LT, MT, PL, SK, SI: Unbound.
For Mode 2
None.










10.


RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services)






 










A.


Entertainment Services (including Theatre, Live Bands, Circus and Discotheque Services) (CPC 9619)






For Mode 1
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, UK: Unbound.
For Mode 2
CY, CZ, FI, HR, MT, PL, RO, SK, SI: Unbound.
BG: Unbound, except for theatrical productions, singer group, band and orchestra entertainment services (CPC 96191); services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192); and ancillary theatrical services (CPC 96193).
EE: Unbound for other entertainment services (CPC 96199) except for cinema theatre services.
LT, LV: Unbound except for cinema theatre operation services (part of CPC 96199).










B.


News and Press Agencies Services (CPC 962)






For Mode 1
BG, CY, CZ, EE, HU, LT, MT, RO, PL, SI, SK: Unbound.
For Mode 2
BG, CY, CZ, HU, LT, MT, PL, RO, SI, SK: Unbound.










C.


Libraries, archives museums and other cultural services (CPC 963)






For Mode 1
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
For Mode 2
BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, HU, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.










D.


Sporting services (CPC 9641)






For Modes 1 and 2
AT: Unbound for ski school services and mountain guide services.
BG, CZ, HR, LV, MT, PL, RO, SK: Unbound.
For Mode 1
CY, EE: Unbound.










E.


Recreation park and beach Services (CPC 96491)






For Modes 1 and 2
None.










11.


TRANSPORT SERVICES






 










A.


Maritime transport






(a)


International passenger transportation (CPC 7211 less national cabotage transport (31)).










(b)


International freight transportation (CPC 7212 less national cabotage transport (32))










For Modes 1 and 2
None.










B.


Internal Waterways Transport






(a)


Passenger transportation (CPC 7221 less national cabotage transport (33))










(b)


Freight transportation (CPC 7222 less national cabotage transport (34))










For Modes 1 and 2
EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.
AT: Nationality condition for the setting up of a shipping company by natural persons. In the case of establishment as a legal person, a nationality condition for the majority of managing directors, the managing board and the supervisory board. Registered company or permanent establishment in Austria is required. In addition, the majority of the business shares must be held by citizens of the Union.
BG, CY, CZ, EE, FI, HR, HU, LT, MT, RO, SE, SI, SK: Unbound.










C.


Rail Transport






(a)


Passenger transportation (CPC 7111)










(b)


Freight transportation (CPC 7112)










For Mode 1
EU: Unbound.
For Mode 2
None.










D.


Road Transport






(a)


Passenger Transportation (CPC 7121 and CPC 7122)










(b)


Freight Transportation (CPC 7123, excluding transportation of postal and courier items on own account (35))










For Mode 1
EU: Unbound.
For Mode 2
None.










E.


Pipeline transport of goods other than fuel (36) (CPC 7139)






For Mode 1
EU: Unbound.
For Mode 2
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.










12.


SERVICES AUXILIARY TO TRANSPORT (37)







 










A.


Services auxiliary to Maritime Transport






(a)


Storage and warehousing Services (part of CPC 742)










(b)


Customs Clearance Services (38)











(c)


Container Station and Depot Services (39)











(d)


Maritime Agency Services (40)











(e)


Maritime freight forwarding Services (41)











(f)


Rental of Vessels with Crew (CPC 7213)










(g)


Pushing and towing services (CPC 7214)










(h)


Supporting services for maritime transport (part of CPC 745)










(i)


Other supporting and auxiliary services (part of CPC 749)










For Mode 1
EU: Unbound (42) for pushing and towing services.
AT, BG, CY, CZ, DE, EE, HU, LT, MT, PL, RO, SI, SK: Unbound for rental of vessels with crew. SE: None except for pushing/towing and rental of vessels with crew where SE has limitations on cabotage and flag.
HR: Unbound except for freight transport agency services.
For Mode 2
None.










B.


Services auxiliary to internal waterways transport






(a)


Cargo-handling services (part of CPC 741)










(b)


Storage and warehouse services (part of CPC 742)










(c)


Freight transport agency services (part of CPC 748)










(d)


Rental of Vessels with Crew (CPC 7223)










(e)


Pushing and towing services (CPC 7224)










(f)


Supporting services for internal waterways transport (part of CPC 745)










(g)


Other supporting and auxiliary services (part of CPC 749)










For Modes 1 and 2
EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.
EU: Unbound for pushing and towing services.
HR: Unbound.
For Mode 1
AT, BG, CY, CZ, DE, EE, FI, HU, LV, LT, MT, RO, SK, SI: Unbound for rental of vessels with crew. SE: None except for pushing/towing and rental of vessels with crew where SE has limitations on cabotage and flag.










C.


Services auxiliary to rail transport






(a)


Cargo-handling services (part of CPC 741)










(b)


Storage and warehouse services (part of CPC 742)










(c)


Freight transport agency services (part of CPC 748)










(d)


Pushing and towing services (CPC 7113)










(e)


Supporting services for rail transport services (CPC 743)










(f)


Other supporting and auxiliary services (part of CPC 749)










For Mode 1
EU: Unbound for pushing and towing services.
HR: Unbound, except for freight transport agency services.
For Mode 2
None.










D.


Services auxiliary to road transport






(a)


Cargo-handling services (part of CPC 741)










(b)


Storage and warehouse services (part of CPC 742)










(c)


Freight transport agency services (part of CPC 748)










(d)


Rental of Commercial Road Vehicles with Operators (CPC 7124)










(e)


Supporting services for road transport (CPC 744)










(f)


Other supporting and auxiliary services (part of CPC 749)










For Mode 1
AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: Unbound for rental of commercial road vehicles with operators.
HR: Unbound except for freight transport agency services and supporting services for road transport that are subject to permit.
For Mode 2
None.










F.


Services auxiliary to pipeline transport of goods other than fuel (43)







(a)


Storage and warehouse services of goods other than fuel transported by pipelines (part of CPC 742)










For Mode 1
AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
For Mode 2
None.










13.


OTHER TRANSPORT SERVICES






 




Provision of Combined Transport Service


All Member States except AT, BG, CY, CZ, EE, HR, HU, LT, LV, MT, PL, RO, SE, SI, SK: None, without prejudice to the limitations inscribed in this List of Commitments affecting any given mode of transport.
AT, BG, CY, CZ, EE, HR, HU, LT, LV, MT, PL, RO, SE, SI, SK: Unbound.










14.


ENERGY SERVICES






 










A.


Services Incidental to Mining (CPC 883) (44)







For Modes 1 and 2
None.










B.


Pipeline Transportation of fuels (CPC 7131)






For Mode 1
EU: Unbound.
For Mode 2
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.










C.


Storage and warehouse services of fuels transported through pipelines (part of CPC 742)






For Mode 1
AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
For Mode 2
None.










D.


Wholesale trade services of solid, liquid and gaseous fuels and related products (CPC 62271)
and wholesale trade services of electricity, steam and hot water






For Mode 1
EU: Unbound for wholesale trade services of electricity, steam and hot water.
For Mode 2
None.










E.


Retailing Services of motor fuel (CPC 613)






For Mode 1
EU: Unbound.
For Mode 2
None.










F.


Retail sales of fuel oil, bottled gas, coal and wood (CPC 63297)
and retailing services of electricity, (non-bottled) gas, steam and hot water






For Mode 1
EU: Unbound for retailing services of electricity, (non-bottled) gas, steam and hot water.
BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK, UK: For Retail sales of fuel oil, bottled gas, coal and wood, unbound except for mail order (none for mail order).
For Mode 2
None.










G.


Services incidental to energy distribution (CPC 887)






For Mode 1
EU: Unbound except for consultancy services (none for consultancy services).
For Mode 2
None.










15.


OTHER SERVICES NOT INCLUDED ELSEWHERE






 










(a)


Washing, Cleaning and Dyeing services (CPC 9701)






For Mode 1
EU: Unbound.
For Mode 2
None.










(b)


Hairdressing services (CPC 97021)






For Mode 1
EU: Unbound.
For Mode 2
None.










(c)


Cosmetic treatment, manicuring and pedicuring services (CPC 97022)






For Mode 1
EU: Unbound.
For Mode 2
None.










(d)


Other beauty treatment services n.e.c (CPC 97029)






For Mode 1
EU: Unbound.
For Mode 2
None.










(e)


Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes (45) (CPC ver. 1.0 97230)






For Mode 1
EU: Unbound.
For Mode 2
None.










(f)


Telecommunications connection services (CPC 7543)






For Modes 1 and 2
None.










(1)  The Bulgarian property law recognizes the following limited property rights: right to use, right to build, right to raise a superstructure and servitudes.

(2)  As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.

(3)  As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.

(4)  According to the Law on Commercial Companies, a branch established in Slovenia is not considered a juridical person, but as regards its operation, its treatment is equal to that of a subsidiary, which is in line with Article XXVIII paragraph (g) of the GATS.

(5)  Due to the gradual liberalisation process of Singapore's legal services market, Singapore cannot yet commit to further market access in this sector. The Parties will, with a view to granting further market access, review their commitments in legal services no later than two years after entry into force of this Agreement. The Parties may, by decision in the Committee on Trade in Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees) amend either Party's schedules in this respect

(6)  This includes legal advisory services, legal representational services, legal arbitration and conciliation/mediation services, and legal documentation and certification services. The provision of legal services is only authorised in respect of public international law, Union law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, inter alia, the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained), insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of Union law shall be carried out in principle by or through a fully qualified lawyer admitted to the Bar in a Member State of the Union acting personally, and legal services in respect of the law of a Member State of the Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the Union might therefore be necessary for representation before courts and other competent authorities in the Union since it involves practice of Union and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent a party in civil proceedings where that party is a national of or belonging to the State in which the lawyer is entitled to practice.

(7)  Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.(a) Legal Services.

(8)  The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in the Member States of the Union. As a general rule, this activity is reserved to pharmacists. In some Member States of the Union, only the supply of prescription drugs is reserved to pharmacists.

(9)  Part of CPC 85201, which is to be found under 1.A.(h) Medical and Dental services.

(10)  The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.

(11)  Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 1.F.(l)1. to 1.F.(l)4. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 1.B. Computer and Related Services.

(12)  Does not include printing services, which fall under CPC 88442 and are to be found under 1.F.(p).

(13)  
            ‘Handling’ refers to activities such as clearance, sorting, transport and delivery.

(14)  
            ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.

(15)  E.g. letters, postcards.

(16)  Books and catalogues are included hereunder.

(17)  Journals, newspapers, and periodicals.

(18)  Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit, and confirmation of receipt.

(19)  Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.

(20)  
            ‘Items of correspondence’ means a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.

(21)  Transportation of postal and courier items on own account by any land mode.

(22)  Transportation of mail on own account by air.

(23)  These services do not include on-line information and/or data processing (including transaction processing) (part of CPC 843) which is to be found under 1.B. Computer and Related services.

(24)  Broadcasting is defined as the uninterrupted chain of transmission via wired or wireless means (regardless of the location of the originating transmission) required for the reception and/or display of aural and/or visual programme signals by all or any part of the public, but does not cover contribution links between operators.

(25)  These services, which include CPC 62271, are to be found in ENERGY SERVICES under 14.D.

(26)  Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 1.B. and 1.F.(l). Does not include retailing services of energy products, which are to be found in ENERGY SERVICES under 14.E. and 14.F.

(27)  Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 1.A.(k).

(28)  Corresponds to sewage services.

(29)  Corresponds to cleaning services of exhaust gases.

(30)  Corresponds to parts of nature and landscape protection services.

(31)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover 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 the same Member State, including on its continental shelf as provided in the UN 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.

(32)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover 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 the same Member State, including on its continental shelf as provided in the UN 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.

(33)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover 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 the same Member State, including on its continental shelf as provided in the UN 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.

(34)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover 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 the same Member State, including on its continental shelf as provided in the UN 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.

(35)  Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A. Postal and Courier Services.

(36)  Pipeline transportation of fuels is to be found in ENERGY SERVICES under 14.B.

(37)  Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 1.F.(l)1 to 1.F.(l)4.

(38)  
            ‘Customs clearance services’ mean the activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.

(39)  
            ‘Container station and depot services’ means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.

(40)  
            ‘Maritime agency services’ means activities consisting in 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: marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; acting on behalf of the companies organising the call of the ship or taking over cargoes when required.

(41)  
            ‘Maritime freight forwarding services’ means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.

(42)  Unbound due to lack of technical feasibility.

(43)  Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 14.C.

(44)  Includes the following services rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation, on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services and plugging and abandoning of wells.
Does not include direct access to or exploitation of natural resources.
Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES.

(45)  Therapeutical massages and thermal cure services are to be found under 1.A.(h) Medical and Dental services, 1.A.(j)2. Services provided by Nurses, Physiotherapists and Paramedical Personnel, and Health Services (8.A and 8.C).




Appendix 8-A-2
UNION
SCHEDULE OF SPECIFIC COMMITMENTS IN CONFORMITY WITH ARTICLE 8.12
(SCHEDULE OF SPECIFIC COMMITMENTS)
(ESTABLISHMENT)








1.


The list of commitments below indicates the economic activities liberalised pursuant to Article 8.12 (Schedule of Specific Commitments) and, by means of reservations, the market access and national treatment limitations that apply to establishments and entrepreneurs of Singapore in those activities. The list below is composed of the following elements:






(a)


the first column, which indicates the sector or subsector in which the commitment is undertaken by the Union, and the scope of liberalisation to which the reservations apply; and










(b)


the second column, which describes the applicable reservations.




Establishment in sectors or subsectors covered by this Agreement and not mentioned in the list of commitments below is not committed.












2.


The list of commitments below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures that do not constitute a limitation on market access or a national treatment within the meaning of Articles 8.10 (Market Access) and 8.11 (National Treatment). Those measures (e.g. requirements to obtain a license, universal service obligations, requirements to obtain recognition of qualifications in regulated sectors, requirements to pass specific examinations, including language examinations, and non-discriminatory requirements that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to establishments and entrepreneurs of Singapore.












3.


In accordance with paragraph 2(a) of Article 8.1 (Objective and Scope), the list of commitments below does not include measures concerning subsidies granted by a Party.












4.


Notwithstanding Article 8.10 (Market Access), non-discriminatory requirements as regards the type of legal form of an establishment do not need to be specified in the below list of commitments on establishment in order to be maintained or adopted by the Union.












5.


The rights and obligations arising from the list below shall have no self-executing effect, and thus confer no rights directly on natural or juridical persons.












6.


The term ‘investor’, as used in this list of commitments, shall be understood as the term of ‘entrepreneur’ defined in paragraph (c) of Article 8.8 (Definitions).












7.


Where the Union maintains a reservation that requires that a service supplier be a citizen, national, permanent resident or resident of its territory as a condition to the supply of a service in its territory, a reservation listed in the list of commitments in Appendix 8-A-3 pursuant to Article 8.13 (Scope and Definitions) with respect to temporary movement of natural persons shall operate as a reservation with respect to the commitments on establishment taken in this Appendix in conformity with Article 8.12 (Schedule of Specific Commitments), to the extent applicable.






Sector or subsector


Description of reservations




ALL SECTORS


Real estate
All Member States except AT, BG, CY, CZ, DK, EE, EL, FI, HR, HU, IE, IT, LV, LT, MT, PL, RO, SI, SK: None
AT: The acquisition, purchase, rent or lease of real estate by foreign natural persons and juridical persons requires an authorisation by the competent regional authorities (Länder) which will consider whether important economic, social or cultural interests are affected or not.
BG: Foreign natural and juridical persons (incl. through a branch) cannot acquire ownership of land. Bulgarian juridical persons with foreign participation cannot acquire ownership of agricultural land.
Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited property rights (1) in real estate, subject to the permission of the Ministry of Finance. The requirement of permission does not apply to persons who have made investments in Bulgaria.
Foreign citizens with permanent residence abroad, foreign juridical persons, and companies in which foreign participation ensures a majority in adopting decisions or in which foreign participation blocks the adoption of decisions, can acquire real estate property rights in specific geographic regions designated by the Council of Ministers subject to permission.




 


CY: Unbound.
CZ: Agricultural and forest land can be acquired by foreign natural and juridical persons with permanent residence in the Czech Republic. Specific rules apply to the agricultural and forest land in the state ownership.
DK: Limitations on real estate purchase by non-resident physical and legal entities. Limitations on agricultural estate purchased by foreign physical and legal entities.
EE: Unbound for acquisition of agricultural and forest land (2).
EL: According to Law No. 1892/90, permission from the Minister of Defence is needed for a citizen to acquire land in areas near borders. According to administrative practices, permission is easily granted for direct investment.
FI: (Åland Islands): Restrictions on the right of natural persons who do not enjoy regional citizenship in Åland, and restrictions on the right of juridical persons, to acquire and hold real property on the Åland Islands without the permission of the competent authorities of the islands. Restrictions on the right of establishment and the right to provide services by natural persons who do not enjoy regional citizenship in Åland, or by any juridical person, without permission by the competent authorities of the Åland Islands.




 


HR: Unbound in relation to acquisition of real estate by services suppliers not established and incorporated in Croatia. Acquisition of real estate necessary for the supply of services by companies established and incorporated in Croatia as legal persons is allowed. Acquisition of real estate necessary for the supply of services by branches requires the approval of the Ministry of Justice. Agricultural land can be acquired by foreigner juridical or natural persons.
HU: Limitations on acquisition of land and real estate by foreign investors (3).
IE: Prior written consent of the Land Commission is necessary for the acquisition of any interest in Irish land by domestic or foreign companies or foreign nationals. Where such land is for industrial use (other than agricultural industry), this requirement is waived subject to certification to this effect from the Minister for Enterprise, Trade and Employment. This law does not apply to land within the boundaries of cities and towns.
IT: The purchase of real estate by foreign natural and juridical persons is subject to a condition of reciprocity.
LV: Unbound in relation to acquisition of land; land lease not exceeding 99 years permitted.
LT: Unbound for acquisition of land (4).




 


MT: The requirements of Maltese legislation and regulations regarding acquisition of real property shall continue to apply.
PL: The acquisition of real estate, direct or indirect, by foreigners (a natural or foreign legal persons) requires permission. Unbound for the acquisition of state-owned property (i.e. the regulations governing the privatization process).
RO: Natural persons not having Romanian citizenship and residence in Romania, as well as legal persons not having Romanian nationality and their headquarters in Romania, cannot acquire ownership over any kind of land plots, through inter vivos acts.
SI: Juridical persons, established in Slovenia with foreign capital participation, may acquire real estate in the territory of Slovenia. Branches (5) established in Slovenia by foreign persons may only acquire real estate, except land, necessary for the conduct of the economic activities for which they are established.
SK: Limitations on real estate acquisition by foreign physical and legal entities. Foreign entities may acquire real property through establishment of Slovak legal entities or participation in joint ventures. Unbound for land.




ALL SECTORS


Managing directors and auditors
AT: Managing directors of branches of juridical persons have to be resident in Austria. Natural persons within a juridical person or a branch responsible for the observance of the Austrian Trade Act must have a domicile in Austria.
FI: A foreigner carrying on trade as a private entrepreneur needs a trade permit and has to be permanently resident in the Union. For all sectors, except telecommunications services, nationality conditions and residency requirements apply for the managing director of a limited company. For telecommunications services, permanent residency for the managing director.
FR: The managing director of an industrial, commercial or artisanal activity, if not a holder of a residency permit, needs a specific authorisation.
RO: The majority of the commercial companies' auditors and their deputies shall be Romanian citizens.
SE: The managing director of a juridical person or a branch shall reside in Sweden.




ALL SECTORS


Public utilities
EU: Economic activities considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators (6)
 (7).




ALL SECTORS


Types of establishment
EU: Treatment accorded to subsidiaries (of Singapore's companies) formed in accordance with the law of the Member States of the Union and having their registered office, central administration or principal place of business within the Union is not extended to branches or agencies established in the Member States of the Union by Singaporean companies (8).




 


BG: The establishment of branches is subject to authorisation.
EE: At least half of the members of the management board shall have their residence in the Union.
FI: A Singaporean carrying on trade as a partner in a Finnish limited or general partnership needs a trade permit and has to be permanently resident in the Union. For all sectors except telecommunications services, nationality and residency are required for at least half of the ordinary and deputy members of the board of directors; however exemptions may be granted to certain companies. For telecommunications services, permanent residency is required for half of the founders and half of the members of the board of directors. If the founder is a juridical person, that juridical person is also subject to a residency requirement. If a Singaporean organisation intends to carry on business or trade by establishing a branch in Finland, a trade permit is required. A permission to act as a founder of a limited company is required for a Singaporean organisation or a natural person who is not a citizen of the Union.
IT: Access to industrial, commercial and artisanal activities is subject to a residence permit and specific authorisation to pursue the activities.




 


BG, PL: The scope of operations of a representative office may only encompass advertising and promotion of the foreign parent company represented by the office.
PL: With the exception of financial services, unbound for branches. Singaporean investors can undertake and conduct economic activity only in the form of a limited partnership, limited joint-stock partnership, limited liability company, or joint-stock company (in the case of legal services only in the form of registered partnership and limited partnership).
RO: The sole administrator or the chairman of the board of administration, as well as half of the total number of administrators of the commercial companies, shall be Romanian citizens unless otherwise stipulated in the company contract or its statutes. The majority of the commercial companies' auditors and their deputies shall be Romanian citizens.




 


SE: A Singaporean company (which has not established a legal entity in Sweden) shall conduct its commercial operations through a branch established in Sweden with independent management and separate accounts. Building projects with a duration of less than a year are exempted from the requirement of establishing a branch or appointing a resident representative. A limited liability company (joint stock company) may be established by one or several founders. The founder or founders shall either reside in Sweden or be a Swedish legal entity. A partnership can only be a founding party if each partner resides in Sweden. Corresponding conditions apply to the establishment of all other types of legal entities. At least 50 per cent of the members of the board shall reside in Sweden. Foreign or Swedish citizens not residing in Sweden, who wishes to conduct commercial operations in Sweden, shall appoint, and shall register with the local authority, a resident representative responsible for such activities. Residency condition might be waived if it can be proved that they are not necessary in a given case.
SK: A Singaporean natural person whose name is to be registered in the Commercial Register as a person authorised to act on behalf of the entrepreneur is required to submit residence permit for Slovakia.




ALL SECTORS


Investment
DK: The establishment of branches by foreign companies outside the Union depend on whether the relevant country has agreed in an international agreement. Retail planning in Denmark is regulated by the Planning Act and has criteria for the size and location of stores for retail business. Regulations on size and location are only based on environmental matters. Therefore foreign business of retail does not need a special authorisation or permit before investing in Demark.
ES: Investment in Spain by foreign governments and foreign public entities (9), directly or through companies or other entities controlled directly or indirectly by foreign governments, needs prior authorisation by the government.
BG: In enterprises where the public (State or municipal) share in the equity capital exceeds 30 per cent, the transfer of those shares to third parties needs authorisation. 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. Foreign investors cannot participate in privatisation. Foreign investors and Bulgarian juridical persons with controlling Singaporean participation require permission for:




 








(a)


the prospecting, development or extraction of natural resources from the territorial seas, the continental shelf or the exclusive economic zone; and










(b)


the acquisition of controlling equity interests in companies engaged in any of the activities specified under (a).




FR: Singaporean purchases exceeding 33,33  per cent of the shares of capital or the voting rights in existing French enterprises, or 20 per cent in publicly quoted French companies, are subject to the following regulations:






—


investments of less than 7,6  million euros in French enterprises that have a turnover not exceeding 76 million euros are free, subject to a 15-day period following prior notification and verification that these amounts are met;










—


after a period of one month following prior notification, authorisation is tacitly granted for other investments unless the Minister of Economic Affairs has, in exceptional circumstances, exercised its right to postpone the investment.




Foreign participation in newly privatised companies may be limited 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.




 


FI: Acquisitions by Singaporean owners of shares giving more than one third of the voting rights in a major Finnish company or a major business undertaking (with more than 1 000  employees, with a turnover exceeding 168 million euros or with a balance sheet total (10) exceeding 168 million euros) is subject to confirmation by the Finnish authorities. This confirmation may be denied only if an important national interest would be jeopardized. These limitations do not apply to telecommunications services.
HU: Unbound for Singaporean participation in newly privatised companies.
IT: Exclusive rights may be granted to or maintained in respect of newly-privatised companies. Voting rights in newly privatised companies may be restricted in some cases. For a period of five years from the date of entry into force of this Agreement, the acquisition of large equity stakes in companies operating in the fields of defence, transport services, telecommunications and energy may be subject to the approval of the competent authorities.




ALL SECTORS


Geographical zones
FI: In the Åland Islands, limitations on the right of establishment without permission by the competent authorities of the Åland Islands by natural persons who do not enjoy regional citizenship in Åland or by any juridical person.










1.


AGRICULTURE, HUNTING, FORESTRY






 










A.


Agriculture, hunting (ISIC rev 3.1: 011, 012, 013, 014, 015) excluding advisory and consultancy services (11)







AT, HR, HU, MT, RO, SI: Unbound for agricultural activities.
CY: The participation of Singaporean investors is allowed only up to 49 per cent.
FR: The establishment of agricultural enterprises by Singaporean nationals and the acquisition of vineyards by Singaporean investors are subject to authorisation.
IE: Establishment by Singaporean residents in flour milling activities is subject to authorisation.










B.


Forestry and logging (ISIC rev 3.1: 020) excluding advisory and consultancy services (12)







BG: Unbound for logging activities.










2.


Fishing and aquaculture (ISIC rev.3.1: 0501, 0502) excluding advisory and consultancy services (13)







Unbound.










3.


Mining and quarrying (14)











A.


Mining of coal and lignite; extraction of peat (ISIC rev 3.1: 10)










B.


Extraction of crude petroleum and natural gas (15) (ISIC rev 3.1: 1110)










C.


Mining of metal ores (ISIC rev 3.1: 13)










D.


Other mining and quarrying (ISIC rev 3.1: 14)






EU: Unbound for juridical persons controlled (16) by natural or juridical persons of a non-Union country which accounts for more than 5 per cent of the Union's oil or natural gas imports. Unbound for direct branching (incorporation is required). Unbound for extraction of crude petroleum and natural gas.










4.


Manufacturing (17)







 










A.


Manufacture of food products and beverages (ISIC rev 3.1: 15)






None.










B.


Manufacture of tobacco products (ISIC rev 3.1: 16)






None.










C.


Manufacture of textiles (ISIC rev 3.1: 17)






None.










D.


Manufacture of wearing apparel; dressing and dyeing of fur (ISIC rev 3.1: 18)






None.










E.


Tanning and dressing of leather; manufacture of luggage, handbags, saddlery, harness and footwear (ISIC rev 3.1: 19)






None.










F.


Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials (ISIC rev 3.1: 20)






None.










G.


Manufacture of paper and paper products (ISIC rev 3.1: 21)






None.










H.


Publishing, printing and reproduction of recorded media (18) (ISIC rev 3.1: 22, excluding publishing and printing on a fee or contract basis (19))






IT: Nationality condition for owner of publishing and printing company
HR: Residence requirement.










I.


Manufacture of coke oven products (ISIC rev 3.1: 231)






None.










J.


Manufacture of refined petroleum products (20) (ISIC rev 3.1: 232)






EU: Unbound for juridical persons controlled (21) by natural or juridical persons of a non-Union country which accounts for more than 5 per cent of the Union's oil or natural gas imports. Unbound for direct branching (incorporation is required).










K.


Manufacture of chemicals and chemical products other than explosives (ISIC rev 3.1: 24 excluding manufacturing of explosives)






None.










L.


Manufacture of rubber and plastics products (ISIC rev 3.1: 25)






None.










M.


Manufacture of other non-metallic mineral products (ISIC rev 3.1: 26)






None.










N.


Manufacture of basic metals (ISIC rev 3.1: 27)






None.










O.


Manufacture of fabricated metal products, except machinery and equipment (ISIC rev 3.1: 28)






None.










P.


Manufacture of machinery






 










(a)


Manufacture of general purpose machinery (ISIC rev 3.1: 291)






None.










(b)


Manufacture of special purpose machinery other than weapons and munitions (ISIC rev 3.1: 2921, 2922, 2923, 2924, 2925, 2926, 2929)






None.










(c)


Manufacture of domestic appliances n.e.c. (ISIC rev 3.1: 293)






None.










(d)


Manufacture of office, accounting and computing machinery (ISIC rev 3.1: 30)






None.










(e)


Manufacture of electrical machinery and apparatus n.e.c. (ISIC rev 3.1: 31)






None.










(f)


Manufacture of radio, television and communication equipment and apparatus (ISIC rev 3.1: 32)






None.










Q.


Manufacture of medical, precision and optical instruments, watches and clocks (ISIC rev 3.1: 33)






None.










R.


Manufacture of motor vehicles, trailers and semi-trailers (ISIC rev 3.1: 34)






None.










S.


Manufacture of other (non-military) transport equipment (ISIC rev 3.1: 35 excluding manufacturing of warships, warplanes and other transport equipment for military use)






None.










T.


Manufacture of furniture; manufacturing n.e.c. (ISIC rev 3.1: 361, 369)






None.










U.


Recycling (ISIC rev 3.1: 37)






None.










5.


PRODUCTION; TRANSMISSION AND DISTRIBUTION ON OWN ACCOUNT OF ELECTRICITY, GAS, STEAM AND HOT WATER (22) (excluding nuclear based electricity generation)






 










A.


Production of electricity; transmission and distribution of electricity on own account (part of ISIC rev 3.1: 4010) (23)







EU: Unbound.










B.


Manufacture of gas; distribution of gaseous fuels through mains on own account (part of ISIC rev 3.1: 4020) (24)







EU: Unbound.










C.


Production of steam and hot water; distribution of steam and hot water on own account (part of ISIC rev 3.1: 4030) (25)







EU: Unbound for juridical persons controlled (26) by natural or juridical persons of a non- Union country which accounts for more than 5 per cent of the Union's oil or natural gas imports. Unbound for direct branching (incorporation is required).










6.


BUSINESS SERVICES






 










A.


Professional Services






 










(a)


Legal Services (27) (CPC 861) (28)

excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, ‘huissiers de justice’ or other ‘officiers publics et ministériels’.






AT: Singaporean lawyers' (who must be fully qualified in Singapore) equity participation and shares in the operating results of any law firm may not exceed 25 per cent. They may not have decisive influence in decision making.
BE: Quotas apply for representation before the ‘Cour de cassation’ in non-criminal cases
FR: Lawyers' access to the profession of ‘avocat auprès de la Cour de Cassation’ and ‘avocat auprès du Conseil d'Etat’ is subject to quotas.
DK: Only lawyers with a Danish license to practice, and law firms registered in Denmark, may own shares in a Danish law firm. Only lawyers with a Danish license to practise may sit on the board or be part of the management of a Danish law firm. Requirement for a Danish legal examination in order to obtain a Danish licence.
FR: Some types of legal form (‘association d'avocats’ and ‘société en participation d'avocat’) are reserved to lawyers fully admitted to the Bar in France. In a law firm providing services in respect of French or Union law, at least 75 per cent of the partners holding 75 per cent of the shares shall be lawyers fully admitted to the Bar in France.
HR:. Representation of parties before courts can be practised only by the members of the Bar Council of Croatia (Croatian title ‘odvjetnici’). Citizenship requirement for membership in the Bar Council.
HU: Commercial presence should take the form of partnership with a Hungarian barrister (ügyvéd) or a barrister's office (ügyvédi iroda), or a representative office.
PL: While other types of legal form are available for Union lawyers, foreign lawyers only have access to the legal forms of registered partnership and limited partnership.










(b)








1.


Accounting and Bookkeeping Services (CPC 86212 other than ‘auditing services’, CPC 86213, CPC 86219 and CPC 86220)










AT: Singaporean accountants' (who must be authorised according to the law of Singapore) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 per cent, if they are not members of the Austrian Professional Body.
CY: Access is subject to an economic needs test. Main criteria: the employment situation in the subsector.
DK: In order to enter into partnerships with Danish authorised accountants, foreign accountants have to obtain permission from the Danish Commerce and Companies Agency.










(b)








2.


Auditing services (CPC 86211 and 86212 other than accounting services)










AT: Singaporean auditors' (who must be authorised according to the law of Singapore) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 per cent, if they are not members of the Austrian Professional Body.
CY: Access is subject to an economic needs test. Main criteria: the employment situation in the subsector.
CZ and SK: At least 60 per cent of capital share or voting rights are reserved to nationals.
DK: In order to enter into partnerships with Danish authorised accountants, foreign accountants have to obtain permission from the Danish Commerce and Companies Agency.




 


HR: None, except that auditing can be performed only by legal persons.
LV: In a commercial company of sworn auditors more than 50 per cent of the voting capital shares shall be owned by sworn auditors or commercial companies of sworn auditors of the Union.
LT: Not less than 75 per cent of shares should belong to auditors or auditing companies of the Union.
SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, inter alia, in all limited companies. Only such persons may be shareholders or form partnerships in companies which practice qualified auditing (for official purposes). The titles of ‘approved auditor’ and ‘authorised auditor’ may only be used by auditors approved or authorised in Sweden and auditors of co-operative economic associations and certain other enterprises who are not certified or approved accountants must be resident within the European Economic Area, unless the Government or a Government authority appointed by the Government in a separate case allows otherwise. Residency required for approval.










(c)


Taxation Advisory Services (CPC 863) (29)







AT: Singaporean tax advisors' (who must be authorised according to the law of Singapore) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 per cent. This limitation applies only to non-members of the Austrian Professional Body.
CY: Access is subject to an economic needs test. Main criteria: the employment situation in the subsector.










(d)


Architectural services
and










(e)


Urban planning and landscape architectural services (CPC 8671 and CPC 8674)






BG: For projects of national or regional significance, Singaporean investors have to act in partnership with or, as subcontractors of, local investors.
LV: For architectural services, in order to receive a licence enabling to engage in business activity with full range of legal responsibility and rights to sign a project, practice of 3 years in Latvia in the field of projecting and university degree is required.
FR: Provision through SEL (anonyme, à responsabilité limitée ou en commandite par actions) or SCP only.










(f)


Engineering services
and










(g)


Integrated engineering services (CPC 8672 and CPC 8673)






BG: For projects of national or regional significance, Singaporean investors have to act in partnership with or, as subcontractors of, local investors.










(h)


Medical (including psychologists) and Dental services (CPC 9312 and part of CPC 85201)






CY, EE, FI, MT: Unbound.
AT: Unbound except for dental services and for psychologists and psychotherapists, and none for dental services and for psychologists and psychotherapists.
DE: An economic needs test when medical doctors and dentists are authorised to treat members of public insurance schemes. Main criteria: shortage of doctors and dentists in the given region.
FR: While other types of legal form are available for investors of the Union, Singaporean investors only have access to the legal forms of ‘société d'exercice liberal’ and ‘société civile professionnelle’.
HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.
LV: Economic needs test. Main criteria: shortage of doctors and dentists in the given region.




 


BG, LT: The supply of service is subject to authorisation, which is based on a health services plan established in function of needs, taking into account population and existing medical and dental services.
SI: Unbound for social medicine, sanitary, epidemiological, medical/ecological services; the supply of blood, blood preparations and transplants; and autopsy.
UK: Establishment for doctors under the National Health Service is subject to medical manpower planning.










(i)


Veterinary services (CPC 932)






AT, CY, EE, MT, SI: Unbound.
BG: Economic needs test. Main criteria: population and density of existing business.
HU: Economic needs test. Main criteria: labour market conditions in the sector.
FR: Provision through ‘société d'exercice libérale’ or ‘société civile professionnelle’ only.
PL: Foreign persons may apply for permission to practice.










(j)








1.


Midwives services (part of CPC 93191)










BG, CZ, FI, HU, MT, SI, SK: Unbound.
FR: While other types of legal form are available for investors of the Union, Singaporean investors only have access to the legal forms of ‘société d'exercice liberal’ and ‘société civile professionnelle’.
LT: An economic needs test may be applied. Main criteria: employment situation in the subsector.
HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.










(j)








2.


Services provided by Nurses, Physiotherapists and Paramedical Personnel (part of CPC 93191)










AT: Foreign investors are only allowed in the following activities: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians.
BG, MT: Unbound.
FI, SI: Unbound for physiotherapists and paramedical personnel.
FR: While other types of legal form are available for investors of the Union, Singaporean investors only have access to the legal forms of ‘société d'exercice liberal’ and ‘société civile professionnelle’.




 


LT: An economic needs test may be applied. Main criteria: employment situation in the subsector.
LV: Economic needs test for foreign physiotherapists and paramedical personnel. Main criteria: employment situation in the given region.
HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.










(k)


Retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211)
and other services supplied by pharmacists (30)







AT, BG, CY, FI, MT, PL, RO, SE, SI: Unbound.
BE, DE, DK, EE, ES, FR, IT, HR, HU, IE, LV, PT, SK: Authorisation is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies.










B.


Computer and Related Services (CPC 84)






None.










C.


Research and Development Services (31)







 










(a)


R&D services on natural sciences (CPC 851)






EU: For publicly funded R&D services, exclusive rights and/or authorisations can only be granted to nationals of Member States of the Union and to juridical persons of the Union having their headquarters in the Union.










(b)


R&D services on Social Sciences and Humanities (CPC 852 excluding psychologists services) (32)







None.










(c)


Interdisciplinary R&D services (CPC 853)






EU: For publicly funded R&D services, exclusive rights and/or authorisations can only be granted to nationals of Member States of the Union and to juridical persons of the Union having their headquarters in the Union.










D.


Real Estate Services (33)







 










(a)


Involving Own or Leased Property (CPC 821)






None except DK: The title of ‘real estate agent’ may only be used by people who have been admitted to the real estate agent register. Section 25(2) of the Act on the sale of real estate lays down the requirements for who can be admitted to the register. Inter alia, the Act requires that the applicant be a Danish resident or be a resident of the Union, the European Economic Area or Switzerland. Furthermore some requirements regarding the applicants' theoretical insight and practical knowledge must be considered in the way that they were laid down by the Danish Authority of Enterprise and Construction guidelines. The Act on the sale of real estate is only applicable when dealing with Danish consumers. Other legislation concerning the ability of foreigners to buy/sell property in Denmark can be applicable, e.g. residency requirements.










(b)


On a Fee or Contract Basis (CPC 822)






None.










E.


Rental/Leasing Services without Operators






 










(a)


Relating to Ships (CPC 83103)






AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LV LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating with a fleet under the national flag of the State of establishment.
LT: Ships must be owned by Lithuanian natural persons or by companies established in Lithuania.
SE: In the case of Singaporean ownership interests in a ship, proof of dominating Swedish operating influence must be shown to fly the Swedish flag.










(b)


Relating to Aircraft (CPC 83104)






EU: Aircraft used by an air carrier of the Union have to be registered in the Member State of the Union licensing the carrier or elsewhere in the Union. The aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control (including nationality of directors). Waivers can be granted for short term lease contracts or under exceptional circumstances.










(c)


Relating to Other Transport Equipment (CPC 83101, CPC 83102 and CPC 83105)






None.










(d)


Relating to Other Machinery and Equipment (CPC 83106, CPC 83107, CPC 83108 and CPC 83109)






None.










(e)


Relating to personal and household goods (CPC 832)






None, except:
BE, FR: unbound for CPC 83202.










(f)


Telecommunications equipment rental (CPC 7541)






None.










F.


Other Business Services






 










(a)


Advertising (CPC 871)






None.










(b)


Market Research and Opinion Polling (CPC 864)






None.










(c)


Management Consulting Services (CPC 865)






None.










(d)


Services Related to Management Consulting (CPC 866)






HU: Unbound for arbitration and conciliation services (CPC 86602).










(e)


Technical Testing and Analysis Services (34) (CPC 8676)






None, except SK: No direct branching (incorporation is required).










(f)


Advisory and Consulting services incidental to Agriculture, Hunting and Forestry (part of CPC 881)






None.










(g)


Advisory and Consulting Services Relating to Fishing (part of CPC 882)






None.










(h)


Advisory and Consulting Services incidental to Manufacturing (part of CPC 884 and part of CPC 885)






None.










(i)


Placement and Supply Services of Personnel






 










(i)








1.


Executive search (CPC 87201)










BG, CY, CZ, DE, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK, SI: Unbound.
ES: State monopoly.










(i)








2.


Placement Services (CPC 87202)










AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK: Unbound.
BE, ES, FR, IT: State monopoly.
DE: Authorisation is subject to an economic needs test. Main criteria: situation and development of the labour market.










(i)








3.


Supply Services of office support personnel (CPC 87203)










AT, BG, CY, CZ, DE, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK, SI: Unbound.
IT: State monopoly.










(i)








4.


Model agency Services (part of CPC 87209)










None.










(i)








5.


Supply services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPCs 87204, 87205, 87206, 87209)










All Member States except HU: Unbound.
HU: None.










(j)








1.


Investigation Services (CPC 87301)










BE, BG, CY, CZ, DE, ES, EE, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI: Unbound.










(j)








2.


Security Services (CPC 87302, CPC 87303, CPC 87304 and CPC 87305)










DK: Nationality and residency requirements for members of the board. Unbound for the supply of airport guard services.
HR: Unbound.
BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SI, SK: Licence may be granted only to nationals and to national registered organisations.
ES: Access is subject to prior authorisation. In granting the authorisation, the Council of Ministers takes into account conditions such as competence, professional integrity and independence, adequacy of the protection provided for the security of the population and the public order.










(k)


Related Scientific and Technical Consulting Services (35) (CPC 8675)






FR: Foreign investors are required to have a specific authorisation for exploration and prospection services.










(l)








1.


Maintenance and repair of vessels (part of CPC 8868)










None.










(l)








2.


Maintenance and Repair of Rail Transport Equipment (part of CPC 8868)










LV: State monopoly.
SE: An economic needs test applies when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints.










(l)








3.


Maintenance and Repair of motor vehicles, motorcycles, snowmobiles and road transport Equipment (CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868)










SE: An economic needs test applies when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints.










(l)








4.


Maintenance and Repair of Aircraft and parts thereof (part of CPC 8868)










None.










(l)








5.


Maintenance and Repair services of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods (36) (CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)










None.










(m)


Building-Cleaning Services (CPC 874)






None.










(n)


Photographic Services (CPC 875)






None.










(o)


Packaging Services (CPC 876)






None.










(p)


Printing and Publishing (CPC 88442)






LT, LV: Establishment rights in the publishing sector are granted only to nationally incorporated juridical persons (no branches).
PL: Nationality requirement for the editor-in-chief of newspapers and journals.
HR: Residency requirements for publisher and editorial board.










(q)


Convention Services (part of CPC 87909)






None.










(r)








1.


Translation and Interpretation Services (CPC 87905)










DK: Unbound.
PL: Unbound for the supply of sworn interpretation services.
BG, HU, SK: Unbound for official translation and interpretation.
HR: Unbound for translation and interpretation services for/before Croatian courts.










(r)








2.


Interior Design and other Specialty Design Services (CPC 87907)










None.










(r)








3.


Collection Agency Services (CPC 87902)










IT, PT: Nationality condition for investors.
DK: Debt collection agency services are regulated by Law No. 319 of 14 May 1997 (with subsequent amendments) on debt collection. The act contains a number of requirements for debt collection services in Denmark.
Among other matters the act sets up rules for the authorisation for the debt collector, approval of staff involved in debt collection, provision regarding the debt collection and revocation of authorisation for the debt collector.










(r)








4.


Credit reporting services (CPC 87901)










BE: For consumer credit databanks, a nationality condition for investors.
IT, PT: A nationality condition for investors.










(r)








5.


Duplicating services (CPC 87904) (37)











None.










(r)








6.


Telecommunications consulting services (CPC 7544)










None.










(r)








7.


Telephone answering services (CPC 87903)










None.










7.


COMMUNICATION SERVICES






 










A.


Postal and Courier Services (Services relating to the handling (38) of postal items (39) according to the following list of subsectors, whether for domestic or foreign destinations:






(i)


Handling of addressed written communications on any kind of physical medium (40), including Hybrid mail service and Direct mail;










(ii)


Handling of addressed parcels and packages (41);










(iii)


Handling of addressed press products (42);










(iv)


Handling of items referred to in (i) to (iii) above as registered or insured mail;










(v)


Express delivery services (43) for items referred to in (i) to (iii) above;










(vi)


Handling of non-addressed items; and










(vii)


Document exchange (44).




Subsectors (i), (iv) and (v) are however excluded when they fall into the scope of the services which may be reserved for items of correspondence the price of which is less than five times the public basic tariff, provided that they weigh less than 100 grams (45), and for the registered mail service used in the course of judicial or administrative procedures.)
(part of CPC 751, part of CPC 71235 (46) and part of CPC 73210 (47))






None.










B.


Telecommunications Services
These services do not cover the economic activity consisting of the provision of content which requires telecommunications services for its transport.






 










(a)


All services consisting of the transmission and reception of signals by any electromagnetic means (48), excluding broadcasting (49)







None (50).










8.


CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518)






None.










9.


DISTRIBUTION SERVICES (excluding distribution of arms, munitions, explosives and other war material)
All subsectors mentioned below (51)







AT: Unbound for distribution of pyrotechnical goods, of ignitable articles and blasting devices, and of toxic substances. For the distribution of pharmaceutical products and tobacco products, exclusive rights and/or authorisations can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union.
FI: Unbound for distribution of alcoholic beverages and pharmaceutical products.
HR: Unbound for distribution of tobacco products.










A.


Commission Agents' Services






 










(a)


Commission Agents' Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (part of CPC 61111, part of CPC 6113 and part of CPC 6121)






None.










(b)


Other Commission Agents' Services (CPC 621)






None.










B.


Wholesale Trade Services






 










(a)


Wholesale Trade Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (part of CPC 61111, part of CPC 6113 and part of CPC 6121)






None.










(b)


Wholesale Trade Services of telecommunication terminal equipment (part of CPC 7542)






None.










(c)


Other wholesale trade services (CPC 622 excluding wholesale trade services of energy products (52))






FR, IT: State monopoly on tobacco.
FR: Authorisation of wholesale pharmacies is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies.










C.


Retailing Services (53)

Retailing Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (CPC 61112, part of CPC 6113 and part of CPC 6121)
Retailing Services of telecommunication terminal equipment (part of CPC 7542)
Food retailing services (CPC 631)
Retailing services of other (non-energy) goods, except retail sales of pharmaceutical, medical and orthopaedic goods (54) (CPC 632 excluding CPC 63211 and 63297)






ES, FR, IT: State monopoly on tobacco.
BE, BG, DK, FR, IT, MT, PT: Authorisation for department stores (in the case of FR only for large stores) is subject to an economic needs test. Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment.
IE, SE: Unbound for the retail sale of alcoholic beverages.
SE: Authorisation for temporary trade in clothing, shoes and foodstuffs that are not consumed at the point of sale may be subject to an economic needs test. Main criteria: impact on existing stores in the geographic area in question.










D.


Franchising (CPC 8929)






None.










10.


EDUCATIONAL SERVICES (only privately funded services)






 










A.


Primary Education Services (CPC 921)










B.


Secondary Education Services (CPC 922)










C.


Higher Education Services (CPC 923)










D.


Adult Education Services (CPC 924)






EU: Participation of private operators in the education network is subject to concession.
AT: Unbound for higher education services and for adult schools by means of radio or television broadcasting.
BG: Unbound for the supply of primary and/or secondary education services by foreign natural persons and associations, and for the supply of higher education services.




 


CZ, SK: Nationality condition for the majority of members of the board. Unbound for the supply of higher education services except for post-secondary technical and vocational education services (CPC 92310).
CY, FI, MT, RO, SE: Unbound.
EL: A nationality condition for the majority of members of the board in primary and secondary schools. Unbound for higher education institutions granting recognised State diplomas.
ES, IT: Economic needs test for establishing private universities authorised to issue recognised diplomas or degrees. The relevant procedure involves an advice of the Parliament. Main criteria: population and density of existing establishments.
HR: Unbound for Primary Education Services (CPC 921). For Secondary Education Services: None for legal persons.
HU, SK: The number of schools being established may be limited by local authorities (or in the case of high schools and other higher education institutions by central authorities) in charge of granting licenses.




 


LV: Unbound for the supply of education services relating to technical and vocational secondary school-type education services for handicapped students (CPC 9224).
SI: Unbound for primary schools. Nationality condition for the majority of members of the board in secondary and high schools.










E.


Other education services (CPC 929)






AT, BE, BG, CY, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SI, SE, UK: Unbound.
CZ, SK: Participation of private operators in the education network is subject to concession. Nationality condition for the majority of members of the board.










11.


ENVIRONMENTAL SERVICES (55)











A.


Waste Water Services (CPC 9401) (56)











B.


Solid/hazardous waste management, excluding cross-border transport of hazardous waste






(a)


Refuse Disposal Services (CPC 9402)










(b)


Sanitation and Similar Services (CPC 9403)










None.










C.


Protection of ambient air and climate (CPC 9404) (57)











D.


Remediation and clean up of soil and waters






(a)


Treatment, remediation of contaminated/polluted soil and water (part of CPC 9406) (58)















E.


Noise and vibration abatement (CPC 9405)










F.


Protection of biodiversity and landscape






(a)


Nature and landscape protection services (part of CPC 9406)














G.


Other environmental and ancillary services (CPC 9409)






 










12.


FINANCIAL SERVICES






 










A.


Insurance and insurance-related services






AT: The licence for branch offices of Singaporean insurers shall be denied if the insurer in Singapore does not have a legal form corresponding or comparable to a joint stock company or a mutual insurance association.
BG, ES: Before establishing a branch or agency in Bulgaria or Spain to provide certain classes of insurance, a Singaporean insurer must have been authorised to operate in the same classes of insurance in Singapore for at least five years.
EL: The right of establishment does not cover the creation of representative offices or other permanent presence of insurance companies, except where such offices are established as agencies, branches or head offices.
FI: At least one half of the promoters and members of the board of directors and the supervisory board of an insurance company shall have their place of residence in the Union, unless the competent authorities have granted an exemption. Singaporean insurers cannot get a licence in Finland as a branch to carry on statutory pension insurance.
IT: The authorisation of the establishment of branches is ultimately subject to the evaluation of supervisory authorities.




 


BG, PL: Local incorporation (no branches) required for insurance intermediaries.
PT: In order to establish a branch in Portugal, Singaporean insurance companies need to demonstrate prior operational experience of at least five years. Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of a Member State of the Union.
SK: Singaporean nationals may establish an insurance company in the form of a joint stock company or may conduct insurance business through their subsidiaries with registered office in Slovakia (no branches).
SI: Foreign investors cannot participate in insurance companies under privatisation. Membership of the mutual insurance institution is limited to companies established in Slovenia (no branches) and domestic natural persons. For providing consultancy and claim settlement services, incorporation is required as a legal entity (no branches).
SE: Insurance broking undertakings not incorporated in Sweden may be established only through a branch.










B.


Banking and other financial services (excluding insurance)






EU: Only firms having their registered office in the 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 of the Union, is required to perform the activities of management of unit trusts and investment companies.
BG: Pension insurance shall be implemented through participation in incorporated pension insurance companies (no branches). Permanent residency in Bulgaria is required for the chairperson of the management board and the chairperson of the board of directors.
CY: Only members (brokers) of the Cyprus Stock Exchange can undertake business pertaining to securities brokerage in Cyprus. A brokerage firm may only be registered as a member of the Cyprus Stock Exchange if it has been established and registered in accordance with the Companies Law of Cyprus (no branches).
HR: None, except for settlement and clearing services where the Central Depositary Agency (CDA) is the sole supplier in Croatia. Access to the services of the CDA will be granted to non-residents on a non-discriminatory basis.




 


HU: Branches of Singaporean institutions are not allowed to provide asset management services for private pension funds or management of venture capital. The board of a financial institution should include at least two members who are Hungarian citizens, are residents in the meaning of the relevant foreign exchange regulations and have permanent residency in Hungary for at least one year.
IE: In the case of collective investment schemes constituted as unit trusts and variable capital companies (other than undertakings for collective investment in transferable securities, UCITS), the trustee/depository and management company is required to be incorporated in Ireland or in another Member State of the Union (no branches). In the case of an investment limited partnership, at least one general partner must be incorporated in Ireland. To become a member of a stock exchange in Ireland, an entity must either (a) be authorised in Ireland, which requires that it be incorporated or be a partnership, with a head/registered office in Ireland, or (b) be authorised in another Member State of the Union in accordance with the Union directive on investment and services.




 


IT: In order to be authorised to manage the securities settlement system with an establishment in Italy, a company is required to be incorporated in Italy (no branches). In order to be authorised to manage central securities depository services with an establishment in Italy, companies are required to be incorporated in Italy (no branches). In the case of collective investment schemes other than UCITS harmonised under the legislations of the Union, the trustee/depository is required to be incorporated in Italy or in another Member State of the Union and established through a branch in Italy. Management companies of UCITS not harmonised under the legislations of the Union are also required to be incorporated in Italy (no branches). Only banks, insurance companies, investment firms, and companies managing UCITS harmonised under the legislations of the Union, having their legal head office in the Union, as well as UCITS incorporated in Italy may carry out activity of pension fund resources management. In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen resident within the territory of a Member State of the Union. Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services.




 


LT: For the purpose of asset management, incorporation as a specialised management company is required (no branches). Only firms having their registered office in Lithuania can act as the depositories of the assets.
PT: Pension fund management may be provided only by companies incorporated in Portugal and specialised for that purpose and by insurance companies established in Portugal and authorised to take up life insurance business or by entities authorised for pension fund management in other Member States of the Union (unbound for direct branching from non- Union countries).
RO: Branches of foreign institutions are not allowed to provide asset management services.
SK: Investment services in Slovakia can be provided by banks, investment companies, investment funds and security dealers which have legal form of joint-stock company with equity capital according to the law (no branches).
SI: Unbound for participation in banks under privatisation and for private pension funds (non-compulsory pension funds).
SE: A founder of a savings bank shall be a natural person resident in the Union.










13.


HEALTH SERVICES AND SOCIAL SERVICES (59) (only privately funded services)






 










A.


Hospital Services (CPC 9311)










B.


Ambulance Services (CPC 93192)










C.


Residential health facilities other than hospital services (CPC 93193)










D.


Social Services (CPC 933)






EU: Participation of private operators in the health and social network is subject to concession. 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.
AT, SI: Unbound for ambulance services.
BG: Unbound for hospital services, for ambulance services and for residential health facilities other than hospital services.
CY, CZ, FI, MT, SE, SK: Unbound.
HU: Unbound for social services.
PL: Unbound for ambulance services, for residential health facilities other than hospital services, and for social services.
BE, UK: Unbound for ambulance services, for residential health facilities other than hospital services, and for social services other than convalescent and rest houses and old people's homes.




 


HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.










14.


TOURISM AND TRAVEL RELATED SERVICES






 










A.


Hotel, Restaurants and Catering (CPC 641, CPC 642 and CPC 643)
excluding catering in air transport services






BG: Incorporation is required (no branches).
IT: An economic needs test applies to bars, cafes and restaurants. Main criteria: population and density of existing establishments.
HR: Location in the protected areas of particular historic and artistic interest and within national or landscape parks is subject to approval by the Government of the Republic of Croatia which can be denied.










B.


Travel Agencies and Tour Operators Services (including tour managers) (CPC 7471)






BG: Unbound for direct branching (incorporation is required).
PT: Requirement of constitution of a commercial company having its corporate base in Portugal (unbound for branches).










C.


Tourist Guides Services (CPC 7472)






None.










15.


RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services)






 










A.


Entertainment Services (including Theatre, Live Bands, Circus and Discotheque Services) (CPC 9619)






CY, CZ, FI, MT, PL, RO, SI, SK: Unbound.
BG: Unbound except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191), services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192), and ancillary theatrical services (CPC 96193).
EE: Unbound for other entertainment services (CPC 96199) except for cinema theatre services.
LV: Unbound except for cinema theatre operation services (part of CPC 96199).










B.


News and Press Agencies Services (CPC 962)






FR: Foreign participation in French companies publishing publications in the French language may not exceed 20 per cent of the capital or of voting rights in the company. Press agencies: Unbound, except that Singaporean press agencies may establish a branch or office in France for the sole purpose of collecting news. For greater certainty, such branch or office may not distribute news.
BG, CY, CZ, EE, HU, LT, MT, RO, PL, SI, SK: Unbound.
PT: News companies, incorporated in Portugal in the juridical form of ‘Sociedade Anónima’, must have the social capital in the form of nominal stocks.










C.


Libraries, archives, museums and other cultural services (60) (CPC 963)






BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
AT, LT: Participation of private operators in the libraries, archives, museums and other cultural services' network is subject to concession or licence.










D.


Sporting services (CPC 9641)






AT, SI: Unbound for ski school services and mountain guide services.
BG, CY, CZ, EE, LV, MT, PL, RO, SK: Unbound.










E.


Recreation park and beach Services (CPC 96491)






None.










16.


TRANSPORT SERVICES






 










A.


Maritime transport (61)







 










(a)


International passenger transportation (CPC 7211 less national cabotage transport (62)).










(b)


International freight transportation (CPC 7212 less national cabotage transport (63))






AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.










B.


Internal Waterways Transport






 










(a)


Passenger transportation (CPC 7221 less national cabotage transport (64))










(b)


Freight transportation (CPC 7222 less national cabotage transport (65))






EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.
SK: Unbound for direct branching (incorporation is required).




 


AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as a legal person, nationality condition for the managing board and the supervisory board. Registered company or permanent establishment in Austria is required. In addition, the majority of business shares must be held by the citizens of the Union.
HR: Unbound.
BG: Unbound for direct branching (incorporation is required).
HU: Participation of the State may be required in an establishment.
FI: Services can be provided only by ships operating under the Finnish flag.










C.


Rail Transport (66)







(a)


Passenger transportation (CPC 7111)










(b)


Freight transportation (CPC 7112)










BG, SK: Unbound for direct branching (incorporation is required).
HR: Unbound.










D.


Road Transport (67)







 










(a)


Passenger Transportation (CPC 7121 and CPC 7122)






EU: Foreign investors cannot provide transport services within a Member State (cabotage), except for rental of non-scheduled services of buses with operator.
EU: Economic needs test for taxi services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.
AT: Exclusive rights and/or authorisation can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union.
BG: Exclusive rights and/or authorisation can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union. Unbound for direct branching (incorporation is required).
FI and LV: Authorisation is required, not extended to foreign registered vehicles.
LV and SE: Requirement for established entities to use vehicles with national registration.
ES: Economic needs test for CPC 7122. Main criteria: local demand.




 


IT, 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.
ES, IE, IT: Economic needs test for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.
FR: Unbound for intercity bussing services.










(b)


Freight Transportation (68) (CPC 7123, excluding transportation of postal and courier items on own account (69)).






AT, BG: Exclusive rights and/or authorisation can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union.
BG: Unbound for direct branching (incorporation is required).
FI, LV: Authorisation is required, not extended to foreign registered vehicles.
LV and SE: Requirement for established entities to use vehicles with national registration.
IT, SK: Economic needs test. Main criteria: local demand.










E.


Pipeline transport of goods other than fuel (70)
 (71) (CPC 7139)






AT: Exclusive rights can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union.










17.


SERVICES AUXILIARY TO TRANSPORT (72)







 










A.


Services auxiliary to Maritime Transport (73)







(a)


Storage and warehousing Services (part of CPC 742)










(b)


Customs Clearance Services (74)











(c)


Container Station and Depot Services (75)











(d)


Maritime Agency Services (76)











(e)


Maritime Freight Forwarding Services (78)











(f)


Rental of Vessels with Crew (CPC 7213)










(g)


Pushing and towing services (CPC 7214)










(h)


Supporting services for maritime transport (part of CPC 745)










(i)


Other supporting and auxiliary services (including catering) (part of CPC 749)










AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.
IT: Economic needs test (77) for maritime cargo-handling services. Main criteria: number of and impact on existing establishments, population density, geographic spread and creation of new employment. Requirement of residency for ‘raccomandatario marittimo’.
BG: Unbound for direct branching (incorporation is required). For Maritime Agency Services, Singaporean shipping companies have the right to establish branch offices which may act as agents for their principal offices. Services auxiliary to Maritime Transport that require the use of vessels can be provided only by vessels operating under the Bulgarian flag. Nationality condition.
HR: Unbound for Customs Clearance Services, Container Station and Depot Services, Maritime Agency Services and Maritime Freight Forwarding Services. For Maritime Cargo Handling Services, Storage and warehousing Services, Other supporting and auxiliary services (including catering), Pushing and towing services and Supporting services for maritime transport: None, except that foreign legal person is required to establish a company in Croatia which should be granted a concession by the port authority, following a public tendering procedure. The number of service suppliers may be limited reflecting limitations in port capacity.
SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.
FI: Services can be provided only by ships operating under the Finnish flag.










B.


Services auxiliary to internal waterways transport (79)







(a)


Cargo-handling services (part of CPC 741)










(b)


Storage and warehouse services (part of CPC 742)










(c)


Freight transport agency services (part of CPC 748)










(d)


Rental of Vessels with Crew (CPC 7223)










(e)


Pushing and towing services (CPC 7224)










(f)


Supporting services for internal waterways transport (part of CPC 745)










(g)


Other supporting and auxiliary services (part of CPC 749)










EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.
AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as a legal person, nationality condition for the managing board and the supervisory board. Registration of a company or permanent establishment in Austria is required. In addition, the majority of business shares must be held by the citizens of the Union, except for storage and warehouse services, freight transport agency services, and pre-shipment inspection.
BG: Unbound for direct branching (incorporation is required). Participation in a Bulgarian company is limited to 49 per cent.
HU: Participation of the State may be required in an establishment, except for storage and warehouse services.
FI: Services can be provided only by ships operating under the Finnish flag.
SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.
HR: Unbound.










C.


Services auxiliary to rail transport (80)







(a)


Cargo-handling services (part of CPC 741)










(b)


Storage and warehouse services (part of CPC 742)










(c)


Freight transport agency services (part of CPC 748)










(d)


Pushing and towing services (CPC 7113)










(e)


Supporting services for rail transport services (CPC 743)










(f)


Other supporting and auxiliary services (part of CPC 749)










BG: Unbound for direct branching (incorporation is required). Participation in a Bulgarian company is limited to 49 per cent.
SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.
HR: Unbound for pushing and towing services.










D.


Services auxiliary to road transport (81)







(a)


Cargo-handling services (part of CPC 741)










(b)


Storage and warehouse services (part of CPC 742)










(c)


Freight transport agency services (part of CPC 748)










(d)


Rental of Commercial Road Vehicles with Operators (CPC 7124)










(e)


Supporting services for road transport equipment (CPC 744)










(f)


Other supporting and auxiliary services (part of CPC 749)










AT: For rental of commercial road vehicles with operators, authorisation can only be granted to nationals of the Member States of the Union, and to juridical persons of the Union having their headquarters in the Union. Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.
BG: Unbound for direct branching (incorporation is required). Participation in a Bulgarian company is limited to 49 per cent. Nationality condition
FI: For rental of commercial road vehicles with operators, authorisation is required, but not extended to foreign registered vehicles.
SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.
MT: Nationality condition.
HR: Unbound for Rental of Commercial Road Vehicles with Operators










F.


Services auxiliary to pipeline transport of goods other than fuel (82)







(a)


Storage and warehouse services of goods other than fuel transported by pipelines (83) (part of CPC 742)










None except AT: Nationality condition for managing directors.










18.


OTHER TRANSPORT SERVICES






 




Provision of Combined Transport Service


All Member States except AT, BG, CY, CZ, EE, HR, HU, LT, LV, MT, PL, RO, SE, SI, SK: None, without prejudice to the limitations inscribed in this List of Commitments affecting any given mode of transport.
AT, BG, CY, CZ, EE, HR, HU, LT, LV, MT, PL, RO, SE, SI, SK: Unbound.










19.


ENERGY SERVICES






 










A.


Services Incidental to Mining (84) (CPC 883) (85)







None.










B.


Pipeline Transportation of fuels (86) (CPC 7131)






AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.










C.


Storage and warehouse services of fuels transported through pipelines (87) (part of CPC 742)






PL: Investors from countries which are energy suppliers may be prohibited to obtain the control of the activity. Unbound for direct branching (incorporation is required).










D.


Wholesale trade services of solid, liquid and gaseous fuels and related products (CPC 62271)
and wholesale trade services of electricity, steam and hot water (88)







EU: Unbound for wholesale trade services of electricity, steam and hot water.










E.


Retailing Services of motor fuel (CPC 613)










F.


Retail sales of fuel oil, bottled gas, coal and wood (CPC 63297)
and retailing services of electricity, (non-bottled) gas, steam and hot water (89)







EU: Unbound for retailing services of motor fuel, electricity, (non bottled) gas, steam and hot water.
BE, BG, DK, FR, IT, MT, PT: For retail sales of fuel oil, bottled gas, coal and wood, authorisation for department stores (in the case of FR only for large stores) is subject to an economic needs test. Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment.










G.


Services incidental to energy distribution (90) (CPC 887)






AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, HU, IT, LU, LT, MT, NL, PL, PT, RO, SK, SE, UK: Unbound except for consultancy services, and none for consultancy services.
SI: Unbound except for services incidental to the distribution of gas, and none for the distribution of gas.










20.


OTHER SERVICES NOT INCLUDED ELSEWHERE






 










(a)


Washing, Cleaning and Dyeing services (CPC 9701)






None.










(b)


Hairdressing services (CPC 97021)






IT: An economic needs test applies on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business.










(c)


Cosmetic treatment, manicuring and pedicuring services (CPC 97022)






IT: An economic needs test applies on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business.










(d)


Other beauty treatment services n.e.c (CPC 97029)






IT: An economic needs test applies on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business.










(e)


Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes (91)
 (92) (CPC ver. 1.0 97230)






None.










(f)


Telecommunications connection services (CPC 7543)






None.










(1)  The Bulgarian property law recognizes the following limited property rights: right to use, right to build, right to raise a superstructure and servitudes.

(2)  As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.

(3)  As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.

(4)  As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.

(5)  According to the Law on Commercial Companies, a branch established in Slovenia is not considered a juridical person, but as regards its operation, its treatment is equal to that of a subsidiary, which is in line with Article XXVIII paragraph (g) of the GATS.

(6)  Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific listing is not practical. To facilitate comprehension, specific footnotes in this list of commitments will indicate in an illustrative and non-exhaustive way those sectors where public utilities play a major role.

(7)  This limitation does not apply to telecommunications services and to computer and related services.

(8)  In accordance with Article 54 of the Treaty on the Functioning of the European Union, these subsidiaries are considered as juridical persons of the Union. To the extent that they have a continuous and effective link with the economy of the Union, they are beneficiaries of the Union's internal market, which includes, inter alia, the freedom to establish and to provide services in all Member States of the Union.

(9)  Such investment tends to imply not only economic interests, but also non-economic interests for these entities.

(10)  Total sum of assets, or total sum of debts plus capital.

(11)  Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.(f) and 6.F.(g).

(12)  Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.(f) and 6.F.(g).

(13)  Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.(f) and 6.F.(g).

(14)  The horizontal limitation on public utilities applies.

(15)  Does not include services incidental to mining rendered on a fee or contract basis at oil and gas fields which are to be found in ENERGY SERVICES under 19.A.

(16)  A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 per cent of the equity interests in a juridical person shall be deemed to constitute control.

(17)  This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.(h).

(18)  The sector is limited to manufacturing activities. It does not include activities which are audiovisual-related or present a cultural content.

(19)  Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.(p).

(20)  The horizontal limitation on public utilities applies.

(21)  A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 per cent of the equity interests in a juridical person shall be deemed to constitute control.

(22)  The horizontal limitation on public utilities applies.

(23)  Does not include operation of electricity transmission and distribution systems on a fee or contract basis, which are to be found in ENERGY SERVICES.

(24)  Does not include transportation of natural gas and gaseous fuels via pipelines, transmission and distribution of gas on a fee or contract basis, and sales of natural gas and gaseous fuels, which are to be found in ENERGY SERVICES.

(25)  Does not include transmission and distribution of steam and hot water on a fee or contract basis and sales of steam and hot water, which are to be found in ENERGY SERVICES.

(26)  A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 per cent of the equity interests in a juridical person shall be deemed to constitute control.

(27)  Due to the gradual liberalisation process of Singapore's legal services market, Singapore cannot yet commit to further market access in this sector. The Parties will, with a view to granting further market access, review their commitments in legal services no later than two years after entry into force of this Agreement. The Parties may, by decisions in the Committee on Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees) amend either Party's schedules in this respect.

(28)  Includes legal advisory services, legal representational services, legal arbitration and conciliation/mediation services, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, Union law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, inter alia, the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained), insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of Union law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in a Member State of the Union acting personally, and legal services in respect of the law of a Member State of the Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the Union might therefore be necessary for representation before courts and other competent authorities in the Union since it involves practice of Union and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which the lawyer is entitled to practice.

(29)  Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.(a) Legal Services.

(30)  The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in the Member States of the Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.

(31)  The horizontal limitation on public utilities applies.

(32)  Part of CPC 85201, which is to be found under 6.A.(h). Medical and Dental services.

(33)  The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.

(34)  The horizontal limitation on public utilities applies to technical testing and analysis services, which are compulsory for the granting of marketing authorisations or for utilisation authorisations (e.g. car inspection, food inspection).

(35)  The horizontal limitation on public utilities applies to certain activities related to mining (e.g. minerals, oil, and gas).

(36)  Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F.(l)1. to 6.F.(l)4. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. Computer and Related Services.

(37)  Does not include printing services, which fall under CPC 88442 and are to be found under 6.F.(p).

(38)  
            ‘Handling’ refers to activities such as clearance, sorting, transport and delivery.

(39)  
            ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.

(40)  E.g. letters, postcards.

(41)  Books and catalogues are included hereunder.

(42)  Journals, newspapers and periodicals.

(43)  Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit, and confirmation of receipt.

(44)  Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.

(45)  
            ‘Items of correspondence’ means a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.

(46)  Transportation of postal and courier items on own account by any land mode.

(47)  Transportation of mail on own account by air.

(48)  These services do not include on-line information and/or data processing (including transaction processing) (part of CPC 843) which is to be found under 6.B. Computer and Related Services.

(49)  Broadcasting is defined as the uninterrupted chain of transmission via wired or wireless means (regardless of the location of the originating transmission) required for the reception and/or display of aural and/or visual programme signals by all or any part of the public, but does not cover contribution links between operators.

(50)  For clarification purposes, some Member States of the Union maintain public participation in certain telecommunication operators. Those Member States reserve their rights to maintain such public participation in the future. This is not a market access limitation. In Belgium, government participation and voting rights in Belgacom are freely determined under legislative powers as is presently the case under the law of 21 March 1991 on the reform of government-owned economic enterprises.

(51)  The horizontal limitation on public utilities applies to the distribution of chemical products, of pharmaceuticals, of products for medical use such as medical and surgical devices, medical substances and objects for medical use, of military equipment and precious metals (and stones) and, in some Member States of the Union, also to the distribution of tobacco and tobacco products and of alcoholic beverages.

(52)  These services, which include CPC 62271, are to be found in ENERGY SERVICES under 19.D.

(53)  Does not include maintenance and repair services which are to be found in BUSINESS SERVICES under 6.B. and 6.F.(l).
Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 19.E. and 19.F.

(54)  Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 6.A.(k).

(55)  The horizontal limitation on public utilities applies.

(56)  Corresponds to sewage services.

(57)  Corresponds to cleaning services of exhaust gases.

(58)  Corresponds to parts of nature and landscape protection services.

(59)  The horizontal limitation on public utilities applies.

(60)  The horizontal limitation on public utilities applies.

(61)  The horizontal limitation on public utilities applies to port services and other maritime transport services requiring the use of the public domain.

(62)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover 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 the same Member State, including on its continental shelf as provided in the UN 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.

(63)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover 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 the same Member State, including on its continental shelf as provided in the UN 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.

(64)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover 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 the same Member State, including on its continental shelf as provided in the UN 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.

(65)  Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover 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 the same Member State, including on its continental shelf as provided in the UN 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.

(66)  The horizontal limitation on public utilities applies to rail transport services requiring the use of the public domain.

(67)  The horizontal limitation on public utilities applies.

(68)  The horizontal limitation on public utilities applies in some Member States.

(69)  Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A Postal and Courier Services of Appendix 8-A-1.

(70)  Pipeline transportation of fuels is to be found in ENERGY SERVICES under 19.B.

(71)  The horizontal limitation on public utilities applies.

(72)  Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.(l)1. to 6.F.(l)4.

(73)  The horizontal limitation on public utilities applies to port services, to other auxiliary services requiring the use of the public domain, and to pushing and towing services.

(74)  
            ‘Customs clearance services’ mean the activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.

(75)  
            ‘Container station and depot services’ means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.

(76)  
            ‘Maritime agency services’ means activities consisting in 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: marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; acting on behalf of the companies organising the call of the ship or taking over cargoes when required.

(77)  This measure is applied on a non-discriminatory basis.

(78)  
            ‘Maritime freight forwarding services’ means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.

(79)  The horizontal limitation on public utilities applies to port services, to other auxiliary services requiring the use of the public domain and to pushing and towing services.

(80)  The horizontal limitation on public utilities applies when the services require the use of the public domain.

(81)  The horizontal limitation on public utilities applies when the services require the use of the public domain.

(82)  Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 19.C.

(83)  The horizontal limitation on public utilities applies.

(84)  The horizontal limitation on public utilities applies.

(85)  Includes the following services rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation, on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services and plugging and abandoning of wells.
Does not include direct access to or exploitation of natural resources.
Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION AND RELATED ENGINEERING SERVICES.

(86)  The horizontal limitation on public utilities applies.

(87)  The horizontal limitation on public utilities applies.

(88)  The horizontal limitation on public utilities applies.

(89)  The horizontal limitation on public utilities applies.

(90)  Except for consulting services, the horizontal limitation on public utilities applies.

(91)  Therapeutical massages and thermal cure services are to be found under 6.A.(h) Medical and Dental services, 6.A.(j)2. Services provided by Nurses, Physiotherapists and Paramedical personnel, and Health Services (13.A and 13.C).

(92)  The horizontal limitation on public utilities applies to spa services and non-therapeutical massages provided in domains of public utility such as certain water sources.




Appendix 8-A-3
UNION
SCHEDULE OF SPECIFIC COMMITMENTS IN CONFORMITY WITH ARTICLES 8.14
(KEY PERSONNEL AND GRADUATE TRAINEES)
AND 8.15 (BUSINESS SERVICES SELLERS)
(KEY PERSONNEL AND GRADUATE TRAINEES AND BUSINESS SERVICES SELLERS)








1.


The list of reservations below indicates the economic activities liberalised pursuant to Articles 8.7 (Schedule of Specific Commitments) and 8.12 (Schedule of Specific Commitments) for which limitations on key personnel and graduate trainees in accordance with Articles 8.14 (Key Personnel and Graduate Trainees) and 8.15 (Business Services Sellers) apply and specifies such limitations. The list below is composed of the following elements:






(a)


the first column, which indicates the sector or subsector in which limitations apply; and










(b)


the second column, which describes the applicable limitations.




The Union does not undertake any commitment for key personnel in economic activities which are not liberalised (remain unbound) pursuant to Article 8.12 (Schedule of Specific Commitments).












2.


Commitments on key personnel and graduate trainees do not apply in cases where the intent or effect of their temporary presence is to interfere with, or otherwise to affect the outcome of, any labour/management dispute or negotiation.












3.


The list of reservations below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a limitation within the meaning of Articles 8.14 (Key Personnel and Graduate Trainees) and 8.15 (Business Services Sellers). Those measures (e.g. requirement to obtain a license, requirement to obtain recognition of qualifications in regulated sectors, requirement to pass specific examinations, including language examinations, and requirement to have a legal domicile in the territory where the economic activity is performed), even if not listed below, apply in any case to key personnel and graduate trainees of Singapore.












4.


All requirements of the laws and regulations of the Union regarding entry, stay, work and social security measures shall continue to apply, including regulations concerning period of stay, minimum wages as well as collective wage agreements even if not listed below.












5.


In accordance with paragraph 2(a) of Article 8.1 (Objective and Scope), the list of reservations below does not include measures concerning subsidies granted by a Party.












6.


The list of reservations below is without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.












7.


In the sectors where economic needs tests are applied, their main criteria will be the assessment of the relevant market situation in the Member State of the Union or the region where the service is to be provided, including with respect to the number of, and the impact on, existing service suppliers.












8.


The rights and obligations arising from the list of reservations below shall have no self-executing effect and thus confer no rights directly on natural or juridical persons.






Sector or subsector


Description of reservations




ALL SECTORS


Economic needs test
BG, HU: Economic needs tests are required for graduate trainees (1).




ALL SECTORS


Scope of intra-corporate transferees
BG: The number of intra-corporate transferees is not to exceed 10 per cent of the average annual number of the citizens of the Union employed by the respective Bulgarian juridical person. Where less than 100 persons are employed, the number of intra-corporate transferees may, exceed 10 per cent of that of the total employees, subject to authorisation.
HU: Unbound for a natural person who has been a partner in a juridical person of Singapore.




ALL SECTORS


Graduate trainees
For AT, DE, ES, FR, HU, training must be linked to the university degree which has been obtained.




ALL SECTORS


Managing directors and auditors
AT: Managing directors of branches of juridical persons have to be resident in Austria. Natural persons within a juridical person or a branch responsible for the observance of the Austrian Trade Act must have a domicile in Austria.
FI: A foreigner carrying on trade as a private entrepreneur needs a trade permit and has to be permanently resident in the Union. For all sectors except telecommunications services, residency requirements apply for the managing director of a limited company. For telecommunications services, permanent residency requirements apply for the managing director.
FR: The managing director of an industrial, commercial or artisanal activity, if not a holder of a residency permit, needs a specific authorisation.
RO: The majority of the commercial companies' auditors and their deputies shall be Romanian citizens.
SE: The managing director of a juridical person or a branch shall reside in Sweden.




ALL SECTORS


Recognition
EU: Union directives on mutual recognition of diplomas only apply to the citizens of the Union. The right to practise a regulated professional service in one Member State of the Union does not grant the right to practise in another Member State (2).










4.


Manufacturing (3)







 










H.


Publishing, printing and reproduction of recorded media (ISIC rev 3.1: 22), excluding publishing and printing on a fee or contract basis (4)







IT: Nationality condition for publishers.
HR: Residency requirement for publishers.
PL: Nationality condition for the editor-in-chief of newspapers and journals.
SE: Residency requirement for publishers and owners of publishing and printing companies.










6.


BUSINESS SERVICES






 










A.


Professional Services






 










(a)


Legal Services (CPC 861) (5)

excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, ‘huissiers de justice’ or other ‘officiers publics et ministériels’.






AT, CY, ES, EL, LT, MT, RO, SK: Full admission to the Bar, required for the practice of domestic (Union and Member State) law, is subject to a nationality condition. For ES, the competent authorities may grant waivers.
BE, FI: Full admission to the Bar, which is required for legal representation services, is subject to a nationality condition, coupled with a residency requirement. In BE quotas apply for representation before the ‘Cour de cassation’ in non-criminal cases.
BG: Singaporean lawyers can only provide legal representation services to Singaporean nationals, subject to reciprocity and cooperation with a Bulgarian lawyer. For legal mediation services, permanent residency is required.
FR: Lawyers' access to the profession of ‘avocat auprès de la Cour de Cassation’ and ‘avocat auprès du Conseil d'Etat’ is subject to quotas and to a nationality condition.
HR: Full admission to the Bar, required for legal representation services, is subject to a nationality condition (Croatian citizenship and citizenship of a Union Member State).
HU: Full admission to the Bar is subject to a nationality condition coupled with a residency requirement. For foreign lawyers, the scope of legal activities is limited to the provision of legal advice, which shall take place on the basis of a collaboration contract concluded with a Hungarian attorney or a law firm.




 


LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved.
DK: The marketing of legal advice services is restricted to lawyers with a Danish license to practice. Requirement of a Danish legal examination in order to obtain a Danish licence.
LU: Nationality condition for the supply of legal services in respect of Luxembourg and Union law.
SE: Admission to the Bar, necessary only for the use of the Swedish title ‘advokat’, is subject to a residency requirement.










(b)








1.


Accounting and Bookkeeping Services (CPC 86212 other than ‘auditing services’, CPC 86213, CPC 86219 and CPC 86220)










FR: Provision of accounting and bookkeeping services is conditional on a decision of the Minister of Economics, Finance and Industry, in agreement with the Minister of Foreign Affairs. The requirement of residency cannot exceed 5 years.










(b)








2.


Auditing services (CPC 86211 and 86212 other than accounting services)










AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian laws (e.g. joint stock companies law, stock exchange law, banking law, etc.).
DK: Residency requirement.
ES: Nationality condition for statutory auditors and for administrators, directors and partners of companies other than those covered by the 8th EEC directive on company law.
HR: Only certified auditors holding a licence formally recognised by the Croatian Chamber of Auditors can provide auditing services.
FI: Residency requirement for at least one of the auditors of a Finnish liability company.
EL: Nationality condition for statutory auditors.
IT: Nationality condition for administrators, directors and partners of companies other than those covered by the 8th EEC directive on company law. Residency requirement for individual auditors.
SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, inter alia in all limited companies. Residency required for approval.










(c)


Taxation Advisory Services (CPC 863) (6)







AT: Nationality condition for representation before competent authorities.
BG, SI: Nationality condition for specialists.
HU: Residency requirement.










(d)


Architectural services
and










(e)


Urban planning and landscape architectural services (CPC 8671 and CPC 8674)






EE: At least one responsible person (project manager or consultant) must be resident in Estonia.
BG: Foreign specialists must have experience of at least two years in the field of construction. Nationality condition for urban planning and landscape architectural services.
EL, HR, HU, SK: Residency requirement.
FR: The use of the professional title by professionals qualified in third countries is not possible except within the framework of mutual recognition agreements.










(f)


Engineering services
and










(g)


Integrated engineering services (CPC 8672 and CPC 8673)






EE: At least one responsible person (project manager or consultant) must be resident in Estonia.
BG: Foreign specialists must have experience of at least two years in the field of construction.
HR, SK: Residency requirement.
EL, HU: Residency requirement (For CPC 8673 a residency requirement only applies to Graduate Trainees).










(h)


Medical (including psychologists) and Dental services (CPC 9312 and part of CPC 85201)






CZ, IT, SK: Residency requirement.
CZ, RO, SK: Authorisation by the competent authorities required for foreign natural persons.
BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons.
BG, MT: Nationality condition.
DE: Nationality condition which can be waived on an exceptional basis in cases of public health interest.
DK: Limited authorisation to fulfil a specific function can be given for up to 18 months and requires residency.
FR: Nationality condition. However, access is possible within annually established quotas.
HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.
LV: Practice of medical profession by foreigners requires the permission from local health authorities, based on economic needs for medical doctors and dentists in a given region.
PL: Practice of medical profession by foreigners requires the permission. Foreign medical doctors have limited election rights within the professional chambers.
PT: Residency requirement for psychologists.










(i)


Veterinary services (CPC 932)






BG, DE, EL, FR, HR, HU: Nationality condition.
CZ and SK: Nationality condition and residency requirement.
IT: Residency requirement.
PL: Nationality requirement. Foreign persons may apply for permission to practice.










(j)








1.


Midwives services (part of CPC 93191)










AT: In order to establish a professional practice in Austria, the person concerned must have practised the profession in question for at least three years preceding the setting up of that professional practice.
BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons.
CY, EE, RO: Authorisation by the competent authorities required for foreign natural persons.
FR: Nationality condition. However, access is possible within annually established quotas.
IT: Residency requirement.
LV: Subject to economic needs, determined by the total number of midwives in the given region, authorised by local health authorities.
PL: Nationality condition. Foreign persons may apply for permission to practice.




 


SK: Residency requirement.
HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.










(j)








2.


Services provided by Nurses, Physiotherapists and Paramedical Personnel (part of CPC 93191)










AT: Foreign services suppliers are only allowed in the following activities: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians. In order to establish a professional practice in Austria, the person concerned must have practised the profession in question for at least three years preceding the setting up of that professional practice.
BE, FR, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons.
SK: Residency requirement.
HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.
CY, CZ, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons.




 


HU: A nationality condition.
DK: Limited authorisation to fulfil a specific function can be given for up to 18 months and requires residency.
CY, CZ, EL, IT: Subject to an economic needs test: decision is subject to regional vacancies and shortages.
LV: Subject to economic needs determined by the total number of nurses in the given region, authorised by local health authorities.










(k)


Retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211)
and other services supplied by pharmacists (7)







FR: Nationality condition. However, within established quotas, access for Singaporean nationals is possible provided the service provider holds a French degree in pharmacy.
DE, EL, SK: A nationality condition.
HU: Nationality condition except for retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211).
IT, PT: Residency requirement.
SK: Residency requirement.










D.


Real Estate Services (8)







 










(a)


Involving Own or Leased Property (CPC 821)






FR, HU, IT, PT: Residency requirement.
LV, MT, SI: Nationality condition.










(b)


On a Fee or Contract Basis (CPC 822)






DK: Residency requirement unless waived by the Danish Commerce and Companies Agency.
FR, HU, IT, PT: Residency requirement.
LV, MT, SI: Nationality condition.










E.


Rental/Leasing Services without Operators






 










(e)


Relating to personal and household goods (CPC 832)






EU: Nationality condition for specialists and for graduate trainees.










(f)


Telecommunications equipment rental (CPC 7541)






EU: Nationality condition for specialists and for graduate trainees.










F.


Other Business Services






 










(e)


Technical Testing and Analysis Services (CPC 8676)






IT, PT: Residency requirements for biologists and chemical analysts.
SK: Residency requirement.










(f)


Advisory and Consulting services incidental to Agriculture, Hunting and Forestry (part of CPC 881)






IT: Residency requirements for agronomists and ‘periti agrari’.










(j)








2.


Security Services (CPC 87302, CPC 87303, CPC 87304 and CPC 87305)










BE: Nationality condition and a residency requirement for management personnel.
BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Nationality condition and a residency requirement.
DK: Nationality condition and a residency requirement for managers and for airport guard services.
ES, PT: Nationality condition for specialized personnel.
FR: Nationality condition for managing directors and directors.
IT: Nationality condition and a residency requirement in order to obtain necessary authorisation for security guard services and the transport of valuables.










(k)


Related Scientific and Technical Consulting Services (CPC 8675)






BG: Nationality condition for specialists.
DE: Nationality condition for publicly appointed surveyors.
FR: Nationality condition for ‘surveying’ operations relating to the establishment of property rights and to land law.
IT, PT: Residency requirement.










(l)








1.


Maintenance and repair of vessels (part of CPC 8868)










MT: Nationality condition.










(l)








2.


Maintenance and Repair of Rail Transport Equipment (part of CPC 8868)










LV: Nationality condition.










(l)








3.


Maintenance and Repair of motor vehicles, motorcycles, snowmobiles and road transport Equipment (CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868)










EU: For maintenance and repair of motor vehicles, motorcycles and snowmobiles, nationality condition for specialists and for graduate trainees.










(l)








5.


Maintenance and Repair services of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods (9) (CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)










EU: Nationality condition for specialists and for graduate trainee, except for:
BE, DE, DK, ES, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SE, UK for CPC 633, 8861, 8866;
BG for repair services of personal and household goods (excl. Jewellery): CPC 63301, 63302, part of 63303, 63304, 63309;
AT for CPC 633, 8861-8866;
EE, FI, LV, LT for CPC 633, 8861-8866;
CZ, SK for CPC 633, 8861-8865; and
SI for CPC 633, 8861, 8866.










(m)


Building-Cleaning Services (CPC 874)






CY, EE, HR, MT, PL, RO, SI: Nationality condition for specialists.










(n)


Photographic Services (CPC 875)






HR, LV: Nationality condition for specialty photography services.
PL: Nationality condition for the supply of aerial photographic services.










(p)


Printing and Publishing (CPC 88442)






HR: Residency requirement for publishers.
SE: Residency requirement for publishers and owners of publishing and printing companies.










(q)


Convention Services (part of CPC 87909)






SI: Nationality condition.










(r)








1.


Translation and Interpretation Services (CPC 87905)










FI: Residency requirement for certified translators.
DK: Residency requirement for authorised public translators and interpreters, unless waived by the Danish Commerce and Companies Agency.










(r)








3.


Collection Agency Services (CPC 87902)










BE, EL, IT: Nationality condition.










(r)








4.


Credit reporting services (CPC 87901)










BE, EL, IT: Nationality condition.










(r)








5.


Duplicating services (CPC 87904) (10)











EU: Nationality condition for specialists and for graduate trainees.










8.


CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518)






BG: Foreign specialists must have experience of at least two years in the field of construction.










9.


DISTRIBUTION SERVICES (excluding distribution of arms, munitions and war material)






 










C.


Retailing Services (11)







 










(c)


Food retailing services (CPC 631)






FR: Nationality condition for tobacconists (i.e. buraliste).










10.


EDUCATIONAL SERVICES (only privately funded services)






 










A.


Primary Education Services (CPC 921)






FR: Nationality condition. However, Singaporean nationals may obtain authorisation from the competent authorities to establish and direct an education institution, and to teach.
IT: Nationality condition for service providers who are authorised to issue State-recognized diplomas.
EL: Nationality condition for teachers.










B.


Secondary Education Services (CPC 922)






FR: Nationality condition. However, Singaporean nationals may obtain authorisation from the competent authorities to establish and direct an education institution, and to teach.
IT: Nationality condition for service providers who are authorised to issue State-recognized diplomas.
EL: Nationality condition for teachers.
LV: Nationality condition for technical and vocational secondary school-type education services for handicapped students (CPC 9224).










C.


Higher Education Services (CPC 923)






FR: Nationality condition. However, Singaporean nationals may obtain authorisation from the competent authorities to establish and direct an education institution and to teach.
CZ, SK: Nationality condition for higher education services, except for post-secondary technical and vocational education services (CPC 92310).
IT: Nationality condition for service providers who are authorised to issue State-recognized diplomas.
DK: Nationality condition for professors.










12.


FINANCIAL SERVICES






 










A.


Insurance and insurance-related services






AT: The management of a branch office must consist of two natural persons resident in Austria.
EE: For direct insurance, the management body of an insurance joint-stock company with Singaporean capital participation may include Singaporean nationals only in proportion to the Singaporean participation and in any event not more than half of the members of the management body. The head of the management of a subsidiary or an independent company must permanently reside in Estonia.
ES: Residency requirement for the actuarial profession (or alternatively two years of experience)
HR: Residency requirement.
IT: Residency requirement for the actuarial profession.
FI: The managing directors and at least one auditor of an insurance company shall have their place of residence in the Union, unless the competent authorities have granted an exemption. The general agent of a Singapore's insurance company shall have his place of residence in Finland, unless the company has its head office in the Union.










B.


Banking and other financial services (excluding insurance)






BG: Permanent residence in Bulgaria is required for the executive directors and the managerial agent.
FI: A managing director and at least one auditor of credits institutions shall have their place of residence in the Union, unless the Financial Supervision Authority has granted an exemption. The broker (individual person) on derivative exchange shall have his place of residence in the Union.
IT: Condition of residency within the territory of a Member State of the Union for ‘promotori di servizi finanziari’ (financial salesmen).
HR: Residency requirement. The management board shall direct the business of a credit institution from the territory of the Republic of Croatia. At least one management board member must be fluent in the Croatian language.
LT: At least one manager must be a citizen of the Union.
PL: Nationality requirement for at least one of the bank executives.










13.


HEALTH SERVICES AND SOCIAL SERVICES (only privately funded services)










A.


Hospital Services (CPC 9311)










B.


Ambulance Services (CPC 93192)










C.


Residential health facilities other than hospital services (CPC 93193)










E.


Social Services (CPC 933)






FR: Authorisation is necessary for the access to management functions. The availability of local managers is taken into consideration for the authorisation.
LV: Economic needs tests for doctors, dentists, midwives, nurses, physiotherapists and para-medical personnel.
PL: Practice of medical profession by foreigners requires permission. Foreign medical doctors have limited election rights within the professional chambers.
HR: all persons providing services directly to patients/treating patients need a licence from the professional chamber.










14.


TOURISM AND TRAVEL RELATED SERVICES






 










A.


Hotel, Restaurants and Catering (CPC 641, CPC 642 and CPC 643)
excluding catering in air transport services






BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent.
HR: Nationality requirement for hospitality and catering services in households and rural homesteads.










B.


Travel Agencies and Tour Operators Services (including tour managers) (CPC 7471)






BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent.
HR: Approval of the Ministry of Tourism for office manager position.










C.


Tourist Guides Services (CPC 7472)






BG, CY, ES, FR, EL, HR, HU, IT, LT, MT, PL, PT, SK: Nationality condition.










15.


RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services)






 










A.


Entertainment Services (including Theatre, Live Bands, Circus and Discotheque Services) (CPC 9619)






FR: Authorisation is necessary for the access to management functions. The authorisation is subject to a nationality condition when authorisation for more than two years is required.
The artists have obtained an employment contract from an authorised entertainment enterprise. The work permit is delivered for a period not exceeding nine months renewable for the duration of the contract. The entertainment enterprise must pay a tax to the International Migration Office.










16.


TRANSPORT SERVICES






 










A.


Maritime Transport






 










(a)


International passenger transportation (CPC 7211 less national cabotage transport).










(b)


International freight transportation (CPC 7212 less national cabotage transport)






EU: Nationality condition for ships' crew.
AT: Nationality condition for the majority of managing directors.










D.


Road Transport






 










(a)


Passenger Transportation (CPC 7121 and CPC 7122)






AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.
DK, HR: Nationality condition and residency requirement for managers.
BG, MT: Nationality condition.










(b)


Freight Transportation (CPC 7123, excluding transportation of postal and courier items on own account (12)).






AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.
BG, MT: Nationality condition.
HR: Nationality condition and residency requirement for managers.










E.


Pipeline transport of goods other than fuel (13) (CPC 7139)






AT: Nationality condition for managing directors.










17.


SERVICES AUXILIARY TO TRANSPORT (14)







 










A.


Services auxiliary to Maritime Transport






(a)


Storage and warehousing Services (part of CPC 742)










(b)


Customs Clearance Services










(c)


Container Station and Depot Services










(d)


Maritime Agency Services










(e)


Maritime Freight Forwarding Services










(f)


Rental of Vessels with Crew (CPC 7213)










(g)


Pushing and towing services (CPC 7214)










(h)


Supporting services for maritime transport (part of CPC 745)










(i)


Other supporting and auxiliary services (excluding catering) (part of CPC 749)










AT: Nationality condition for the majority of managing directors.
BG, MT: Nationality condition.
DK: Requirement of residency for customs clearance services.
EL: Nationality condition for customs clearance services.
IT: Requirement of residency for ‘raccomandatario marittimo’.










D.


Services auxiliary to road transport






(d)


Rental of Commercial Road Vehicles with Operators (CPC 7124)










AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.
BG, MT: Nationality condition.










F.


Services auxiliary to pipeline transport of goods other than fuel (15)







(a)


Storage and warehouse services of goods other than fuel transported by pipelines (part of CPC 742)










AT: Nationality condition for managing directors.










19.


ENERGY SERVICES






 










A.


Services Incidental to Mining (CPC 883) (16)







SK: Residency requirement.










20.


OTHER SERVICES NOT INCLUDED ELSEWHERE






 










(a)


Washing, Cleaning and Dyeing services (CPC 9701)






EU: Nationality condition for specialists and for graduate trainees.










(b)


Hairdressing services (CPC 97021)






EU: Nationality condition for specialists and for graduate trainees.










(c)


Cosmetic treatment, manicuring and pedicuring services (CPC 97022)






EU: Nationality condition for specialists and for graduate trainees.










(d)


Other beauty treatment services n.e.c (CPC 97029)






EU: Nationality condition for specialists and for graduate trainees.










(e)


Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes (17) (CPC ver. 1.0 97230)






EU: Nationality condition for specialists and for graduate trainees.










(1)  As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.

(2)  In order for non-Union country nationals to obtain Union-wide recognition of their qualifications, a mutual recognition agreement, negotiated within the framework defined in Article 8.16 (Mutual Recognition of Professional Qualifications), is necessary.

(3)  This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.(h).

(4)  Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.(p).

(5)  Includes legal advisory services, legal representational services, legal arbitration and conciliation/mediation services, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, Union law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, inter alia, the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained), insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of Union law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in a Member State of the Union acting personally, and legal services in respect of the law of a Member State of the Union shall be carried out in principle by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the Union might therefore be necessary for representation before courts and other competent authorities in the Union since it involves practice of Union and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent a party in civil proceedings where that party is a national of or belonging to the State in which the lawyer is entitled to practice.

(6)  Does not include legal advisory and legal representational services on tax matters, which are to be found under 6.A.(a) Legal Services.

(7)  The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in the Member States of the Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.

(8)  The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.

(9)  Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F.(l)1. to 6.F.(l)4. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. Computer and Related Services.

(10)  Does not include printing services, which fall under CPC 88442 and are to be found under 6.F.(p).

(11)  Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.B. and 6.F.(l). Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 19.E and 19.F.

(12)  Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A Postal and Courier Services of Appendix 8-A-1.

(13)  Pipeline transportation of fuels is to be found in ENERGY SERVICES under 19.B.

(14)  Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.(l)1. to 6.F.(l)4.

(15)  Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 19.C.

(16)  Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation, on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells.
Does not include direct access to or exploitation of natural resources.
Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION AND RELATED ENGINEERING SERVICES.

(17)  Therapeutical massages and thermal cure services are to be found under 6.A.(h) Medical and Dental services, 6.A.(j)2. Services provided by Nurses, Physiotherapists and Paramedical personnel, and health services (13.A and 13.C).





ANNEX 8-B
SINGAPORE'S SCHEDULE OF SPECIFIC COMMITMENTS

1.   

Singapore's Schedule of Specific Commitments is set out in Appendices 8-B-1 to 8-B-2.



2.   

The Appendices referred to in paragraph 1 constitute an integral part of this Annex.



3.   

The definitions of terms provided for in Chapter Eight (Services, Establishment and Electronic Commerce) apply to this Annex.





Appendix 8-B-1
SINGAPORE
SCHEDULE OF SPECIFIC COMMITMENTS
EXPLANATORY NOTES








1.


The classification of service sectors in this schedule is based on the 1991 provisional Central Product Classification (CPC) of the United Nations Statistical Office unless otherwise indicated by the absence of a CPC number. The ordering reflects the services sectoral classification list as used in the GATT document MTN.GNS/W/120 dated 10 July 1991. The scheduling of specific commitments follows the guidelines stated in GATT documents MTN.GNS/W/164 dated 3 September 1993 and MTN.GNS/W/164/Add.1 dated 30 November 1993.












2.


The use of ‘**’ against individual CPC codes indicates that the specific commitment for that code shall not extend to the total range of services covered under that code.












3.


The classification of establishment sectors in this schedule is based on the International Standard Industrial Classification (ISIC) Revision 3 of the United Nations Statistical Office. As necessary and appropriate, Singapore could specify the exact coverage of the commitment if the commitment does not exactly conform to the classification system.












4.


The list of commitments below (hereinafter referred to as ‘this Schedule’) indicates the service sectors liberalised pursuant to Article 8.7 (Schedule of Specific Commitments) and Article 8.12 (Schedule of Specific Commitments), and, by means of reservations, the market access and national treatment limitations that apply to services and service suppliers of the Union in those sectors. This Schedule is composed of the following elements:






(a)


the first column, which indicates the sector or subsector in which the commitment is undertaken by Singapore, and the scope of liberalisation to which the reservations apply;










(b)


the second column, which describes the applicable reservations to Article 8.5 (Market Access) and Article 8.10 (Market Access) in the sector or subsector indicated in the first column;










(c)


the third column, which describes the applicable reservations to Article 8.6 (National Treatment) and Article 8.11 (National Treatment) in the sector or subsector indicated in the first column; and










(d)


the fourth column, which describes specific commitments on measures affecting the cross-border supply of services and establishment in service sectors not subject to scheduling under Article 8.5 (Market Access) and Article 8.10 (Market Access) and Article 8.6 (National Treatment) and Article 8.11 (National Treatment).
















5.


Notwithstanding Article 8.10 (Market Access), non-discriminatory requirements as regards the types of legal form of an establishment do not need to be specified in this Schedule in order to be maintained or adopted by Singapore.












6.


This Schedule does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements when they do not constitute a market access or a national treatment limitation within the meaning of Article 8.5 (Market Access) and Article 8.10 (Market Access) and Article 8.6 (National Treatment) and Article 8.11 (National Treatment). Those measures (e.g. need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, and need to pass specific examinations, including language examinations and need to have a legal domicile in the territory where the economic activity is performed), even if not listed, apply in any case to services and service suppliers of the Union.












7.


In accordance with paragraph 2(a) of Article 8.1 (Objective and Scope), this Schedule shall not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance.








Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons




Sector or subsector


Limitations on market access


Limitations on national treatment


Additional commitments




HORIZONTAL COMMITMENTS/LIMITATIONS




ALL SECTORS INCLUDED IN THIS SCHEDULE








(i)


Singapore dollar loans by local and foreign-owned financial institutions, to non-residents, non-resident controlled companies and to residents for use outside Singapore require MAS' prior approval.










(ii)


Financial institutions shall not extend SGD credit facilities to non-resident financial entities if there is reason to believe that the SGD proceeds may be used for SGD currency speculation.








Unbound for measures affecting the type of activities which may be conducted on land or the usage of land, including but not limited to, land zoning, land use and urban planning policies.




Unbound for measures affecting real estate. This includes, but is not limited to, measures affecting the ownership, sale, purchase, development and management of real estate.




 


Unbound for measures affecting:






(i)


the full or partial devolvement to the private sector of services provided in the exercise of governmental authority;










(ii)


the divestment of its equity interests in, and/or the assets of, an enterprise that is wholly owned by the Singapore government; and










(iii)


the divestment of its equity interests in, and/or the assets or, an enterprise that is partially owned by the Singapore government.








Unbound for measures in relation to the divestment of the administrator and operator of airports.




Individual investors, apart from the Singapore Government, shall be subject to the following equity ownership limits in the enterprises, and/or their successor bodies, listed below:






(i)


Singapore Technologies Engineering: 15 %










(ii)


Singapore Power, Power Grid, Power Supply, Power Gas: 10 %










(iii)


PSA Corporation: 5 %










(iv)


Singapore Airlines: 5 %




For the purposes of this schedule, ownership of equity by an investor in these enterprises and/or their successor bodies includes both direct and indirect ownership of equity.




 


The aggregate of foreign shareholdings in PSA Corporation and its successor body is subject to a 49 % limit.
The ‘aggregate of foreign shareholdings’ is defined as the total number of shares owned by:






(i)


Any individual who is not a Singapore citizen;










(ii)


Any corporation which is not more than 50 % owned by Singapore citizens or by the Singapore Government; and/or










(iii)


Any other enterprise which is not owned or controlled by the Singapore Government.








Unbound for measures in relation to the retention of a controlling interest by the Singapore Government in Singapore Technologies Engineering (‘the Company’) and its successor body, including but not limited to controls over the appointment and termination of members of the Board of Directors, divestment of equity and dissolution of the Company.




Unbound for measures affecting the arms and explosives sector, including the manufacture, use, sale, storage, transport, importation, exportation, and possession of arms and explosives.




 


1), 2), 3), 4) Specific commitments in market access in any sector or subsector, through any mode of delivery, shall not be construed to override the limitations established in the financial services sector


Where a person required to be registered under the Business Registration Act (Cap. 32, 2001 Revised Edition) is, or, in the case of any corporation, the directors are, or the secretary of the corporation is, not ordinarily resident in Singapore, a local manager (1) must be appointed (2).


 




 


The Schedule does not include measures relating to eligibility or qualification requirements and procedures, technical standards, and requirements and procedures relating to applications for work passes. Those measures (e.g. need to obtain recognised qualifications or need to meet certain salary or experience requirements), even if not listed below, apply in any case to key personnel and graduate trainees from the EU. EU graduate trainees may be subject to labour market tests.
Commitments on key personnel and graduate trainees do not apply in cases where the intent or effect of their temporary presence is to interfere with, or otherwise affect the outcome of, any labour/management dispute or negotiation.




 








4)


Presence of natural persons unbound, except as per the commitment under Section D (Temporary Presence of Natural Persons for Business Purposes), and subject to sector specific limitations.
Graduate Trainees(GT)
Unbound for sectors or subsectors as below:
Financial Services












4)


Unbound






 




SECTOR SPECIFIC COMMITMENTS/LIMITATIONS










1.


BUSINESS SERVICES














A.


Professional Services








International Commercial Arbitration Services in relation to international law, foreign law and Singapore law (86190)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section. In relation to international commercial arbitration work, EU lawyers may participate in international commercial arbitration proceedings in Singapore as permitted under the Legal Profession Act (Cap 161).












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section. In relation to international commercial arbitration work, EU lawyers may participate in international commercial arbitration proceedings in Singapore as permitted under the Legal Profession Act (Cap 161).






 




Legal Services (apart from International Commercial Arbitration Services in relation to International Law and Legal Services in relation to Home Country law) (861**)








1)


None, except applicable registration requirements










2)


None










3)


None, except applicable registration requirements










4)


Unbound except as indicated in the horizontal section, and subject to applicable registration requirements












1)


None, except as indicated in the market access column










2)


None










3)


None, except as indicated in the market access column










4)


Unbound except as indicated in the horizontal section, and subject to applicable registration requirements






 




Legal Services in relation to Singapore law (3) (861**)








1)


None, except only persons who are admitted to the Singapore Bar, registered as members with the Law Society of Singapore, and holding a valid Practising Certificate are allowed to provide legal services in relation to Singapore law.










2)


None










3)


Only persons who are admitted to the Singapore Bar, registered as members with the Law Society of Singapore, and holding a valid Practising Certificate are allowed to provide legal services in relation to Singapore law.
EU law enterprises may only provide legal services in relation to Singapore law through a Joint Law Venture or Formal Law Alliance with a Singapore law enterprise, and only to the extent allowed by the laws, rules, and regulations concerning Joint Law Ventures and Formal Law Alliances, and subject to the conditions and requirements relating to Joint Law Ventures and Formal Law Alliances. However, Singapore will modify these conditions and restrictions in favour of EU law enterprises as follows:






(i)


the minimum number of EU lawyers resident in Singapore which the EU law enterprise is required to maintain in a Joint Law Venture or a Formal Law Alliance shall be reduced from 5 to 3, at least 2 of whom shall be equity partners or a member of the board of directors of the EU law enterprise;










(ii)


the minimum relevant experience required of the 3 EU lawyers referred to in paragraph (i) shall be considered on an aggregate basis of 15 years, rather than on the basis of an individual experience of 5 years for each EU lawyer;










(iii)


the minimum required relevant experience for EU lawyers working in a Joint Law Venture who wishes to apply to practise Singapore law under the Legal Profession Act shall be reduced from 5 years to 3 years;














4)


Unbound except as indicated in the horizontal section
In relation to international commercial arbitration work, EU lawyers may participate in international commercial arbitration proceedings in Singapore as permitted under the Legal Profession Act (Cap 161).












1)


None, except as indicated in the market access column










2)


None










3)


None, except as indicated in the market access column










4)


Unbound






 




Accounting, auditing and bookkeeping services, except for financial auditing services (862**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.












1)


None










2)


None










3)


None










4)


Unbound






 




Financial auditing services (86211)








1)


None, except that public accountants must be ordinarily resident in Singapore or at least one of the partners of the firm must be ordinarily resident in Singapore










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None, except that public accountants must be ordinarily resident in Singapore or at least one of the partners of the firm must be ordinarily resident in Singapore










2)


None










3)


As in Mode 1)










4)


Unbound






 




Taxation services (863)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Architectural services (8671)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Engineering services (8672)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Integrated engineering services (8673)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Landscape architectural services (86742)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Medical services (93121 and 93122)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section. The number of new foreign doctors registered each year may be limited depending on the total supply of doctors.












1)


None










2)


None










3)


None










4)


Unbound






 




Dental services (93123)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section. The number of new foreign dentists registered each year may be limited depending on the total supply of dentists.












1)


None










2)


None










3)


None










4)


Unbound






 




Veterinary services (932)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Services provided by midwives, nurses, physiotherapists and para-medical personnel (93191**)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










B.


Computer and Related Services








Computer and Related Services (84)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










C.


Research and Development Services








Research and development services on natural sciences (851)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Research and development services on social sciences and humanities, except legal research (852**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Interdisciplinary research and development services (853)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










D.


Real Estate Services








Renting or leasing services involving owned or leased non residential property (82102)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Residential and non-residential property management services on a fee or contract basis (82201, 82202)








1)


None, except that only the Sentosa Development Corporation and its successor is allowed to develop and manage the resort island of Sentosa and its waterways.
However, subject to approval, private developers are allowed to develop specific plots of land on Sentosa for commercial, residential, and recreational purposes.










2)


None










3)


None, except that only the Sentosa Development Corporation is allowed to develop and manage the resort island of Sentosa and its waterways. However, subject to approval, private developers are allowed to develop specific plots of land on Sentosa for commercial, residential, and recreational purposes.










4)


Unbound except as indicated in the horizontal section












1)


None, except that only the Sentosa Development Corporation and/or its successor is allowed to develop and manage the resort island of Sentosa and its waterways.
However, subject to approval, private developers are allowed to develop specific plots of land on Sentosa for commercial, residential, and recreational purposes.










2)


None










3)


None, except that only the Sentosa Development Corporation is allowed to develop and manage the resort island of Sentosa and its waterways. However, subject to approval, private developers are allowed to develop specific plots of land on Sentosa for commercial, residential, and recreational purposes.










4)


Unbound






 










E.


Rental/Leasing Services without Operators








Leasing or rental services without operators relating to ships (83103)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Leasing or rental services concerning private cars, goods transport vehicles, and other land transport equipment without operators (83101, 83102, 83105)








1)


None except that the rental of private cars, goods transport vehicles and other land transport equipment without operator by Singapore residents with the intent to use the vehicles in Singapore is prohibited










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None except that the rental of foreign registered vehicles by Singapore residents for usage in Singapore is prohibited










2)


None










3)


None










4)


Unbound






 




Leasing or rental services relating to other machinery and equipment (83106-83109)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Leasing or rental services concerning personal and household goods (832)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










F.


Other Business Services








Advertising services (871)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Market research and public opinion polling services (864)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Management consulting services (865)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Services related to management consulting (866)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Technical testing and analysis services, excluding testing and analysis services of:
automobiles
classification societies
animals, plants, and products derived from animals and plants (8676**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Technical testing and analysis services of automobiles (8676**)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 




Technical testing and analysis services of animals, plants, and products derived from animals and plants (8676**)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 




Services incidental to agriculture, hunting, forestry and fishing, excluding:
services of farm labour contractors;
firefighting;
forest services including forest damage services; and
logging related services
but including consultancy services for forest service including forest service, and logging related services (881**, 882**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Services incidental to mining (883, 5115)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Services incidental to manufacturing (884 and 885, except 88442)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Transport distribution, retail and services incidental to the distribution of piped gas








1)


Unbound










2)


None










3)


Unbound except for trading and retailing of natural gas










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


Unbound










4)


Unbound






 




Retail of electricity








1)


Unbound










2)


None










3)


Unbound except for supply of electricity above five MW










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


Unbound










4)


Unbound






 




Transportation of fuels (7131)








1)


Unbound










2)


None










3)


Unbound










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


Unbound










4)


Unbound






 




Geological, geophysical and other scientific prospecting services (86751)








1)


Unbound










2)


None










3)


Unbound










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


Unbound










4)


Unbound






 




Placement and supply services of personnel (872)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










G.


Investigation and Security








Private investigations services (87301**)


Limitation on market access and national treatment
All commitments in this sector are subject to the Private Security Industry Act (PSIA). The Act stipulates that foreigners are not allowed to work as private investigators but can be involved in the administration of the company.






1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 




Security consultation services (87302)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Alarm monitoring services (87303)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Unarmed guard services (87305**)


Limitation on market access and national treatment
All commitments in this sector are subject to the Private Security Industry Act (PSIA). The Act stipulates the following:






—


Foreigners are permitted to set up agencies to provide unarmed guards for hire but must register a company with local participation.










—


In other words, at least two of the directors must be Singaporeans or Singaporean permanent residents.










—


The foreign directors must produce a certificate of no criminal conviction from their country of origin or a statutory declaration before a local commissioner of oaths.










—


Foreigners are not allowed to work as guards, but can be involved in the administration of the company.










1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 




Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (633, 8861-8866**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Building cleaning services (874)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Photographic services (875)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Packaging services (876)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Convention and exhibition management services (87909**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Secretarial services (87909**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Telephone answering services (87903)
This excludes services licensed and regulated under the Singapore Broadcasting Authority Act








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Duplicating services (87904)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Translation and interpretation services (87905)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Specialty design services (87907)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










2.


COMMUNICATION SERVICES














A.


Postal and Courier Services








Postal Services






1.


Basic letter services – Services for the conveyance of letters (4) (other than express letters) which weigh 500 grams or less from one place to another, including the incidental services of receiving, collecting, sorting, sending, despatching and delivering such letters and any other services which relates to any of those services and is provided in conjunction with any of them.












1)


Subject to commercial arrangements with licensed operator(s).










2)


None










3)


All service suppliers must be incorporated as companies under the Companies Act (Cap. 50) (5).










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










2.


Express letter services – Services for the conveyance of express letters (including local express letters (6) and international express letters (7)) which weigh 500 grams or less from one place to another, including the incidental services of receiving, collecting, sorting, sending, despatching and delivering such express letters and any other services which relates to any of those services and is provided in conjunction with any of them.












1)


Subject to commercial arrangements with licensed operator(s).










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










B.


Courier Services








Courier services
Courier services in respect of documents, parcels and packages, excluding letters (as defined above) which weigh 500 grams or less.








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 










C.


Telecommunications Services (8)







Notes
The number of licences granted will be limited only by physical and resource constraints such as the availability of frequency spectrum and land.










1.


Basic Telecommunication Services (9), including resale (facilities-based and services-based):






(a)


Public Switched Services (10) (local and international)










(b)


Leased Circuit Services (local and international)
















1)


Subject to commercial arrangements with licensed operator(s)










2)


None










3)


All service suppliers must be incorporated as companies under the Companies Act (Cap. 50).










4)


Unbound, except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










2.


Mobile Services (11), including resale (facilities-based and services-based):






(a)


Public Mobile Data Service (PMDS)










(b)


Public Trunked Radio Service (PTRS)










(c)


Public Radio Paging Service (PRPS)










(d)


Public Cellular Mobile Telephone Service (PCMTS)
















1)


Subject to commercial arrangements with licensed operator(s)










2)


None










3)


All service suppliers must be incorporated as companies under the Companies Act (Cap. 50).










4)


Unbound, except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










3.


Value-added Network (VAN) services
The services covered are:






—


electronic-mail










—


voice-mail










—


on-line information and data-base retrieval










—


electronic data interchange










—


on-line information and/or data processing
















1)


None










2)


None










3)


None










4)


Unbound, except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










3.


CONSTRUCTION AND RELATED ENGINEERING SERVICES








Construction Services
Consisting of:






—


General Construction for Buildings (CPC 512)










—


General Construction work for civil engineering (CPC 513)










—


Installation and assembly work (CPC 514 and 516)










—


Building Completion and finishing work (CPC 517)










—


Others (CPC 511, 515 and 518)












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










4.


DISTRIBUTION SERVICES














A.


Commission Agents' Services








Commission agents' services, except sales on a fee or contract basis of pharmaceutical and medical goods and cosmetics (621**, except 62117)


Horizontal limitations on market access and national treatment
Unless otherwise specified, distribution services of any product subject to import prohibition or non-automatic import licensing shall be excluded from the scope of these commitments.






1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Sales on a fee or contract basis of pharmaceutical and medical goods and cosmetics not intended for the Singapore market (62117**)


Horizontal limitations on market access and national treatment
Unless otherwise specified, distribution services of any product subject to import prohibition or non-automatic import licensing shall be excluded from the scope of these commitments.






1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Sales on a fee or contract basis of pharmaceutical goods and medical goods and cosmetics intended for the Singapore market (62117**)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 










B.


Wholesale Trade Services








Wholesale trade services except for pharmaceutical goods and medical goods and surgical and orthopaedic instruments (622**)


Horizontal limitations on market access and national treatment
Unless otherwise specified, distribution services of any product subject to import prohibition or non-automatic import licensing shall be excluded from the scope of these commitments.






1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Wholesale trade of pharmaceutical goods and medical goods and surgical and orthopaedic instruments (62251 and 62252)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 










C.


Retailing Services








Non-food Retailing services except for pharmaceutical goods and medical goods (632**)


Horizontal limitations on market access and national treatment
Unless otherwise specified, distribution services of any product subject to import prohibition or non-automatic import licensing shall be excluded from the scope of these commitments.






1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Retail sales of food, beverages and tobacco, except for retail sales of tobacco products and retail sales of alcoholic beverages (6310**)


Horizontal limitations on market access and national treatment
Unless otherwise specified, distribution services of any product subject to import prohibition or non-automatic import licensing shall be excluded from the scope of these commitments.






1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Retail sales of pharmaceutical, medical and orthopaedic goods (63211)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 




Sales of motor vehicles
Only:
Wholesale trade services of motor vehicles (61111)
Retail sales of motor vehicles (61112)
Sales of parts and accessories of motor vehicles (61130)
Sales of motorcycles and snowmobiles and related parts and accessories (61210)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










D.


Franchising








Franchising services (8929**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










5.


EDUCATION SERVICES








Primary Education Services (921**)


Unbound for modes 1 – 4 for the provision of preschool and primary education services for Singapore citizens, including sports education services. Otherwise:






1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






Unbound for modes 1 – 4 for the provision of preschool and primary education services for Singapore citizens, including sports education services. Otherwise:






1)


None










2)


None










3)


None










4)


Unbound






 




General secondary and higher secondary education services (9221**, 9222**)


Unbound for modes 1 – 4 for the provision of general secondary and higher secondary (only applies to junior colleges and pre university centres under the Singapore educational system) education services for Singapore citizens, including sports education services. Otherwise:






1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






Unbound for modes 1 – 4 for the provision of general secondary and higher secondary (only applies to junior colleges and pre university centres under the Singapore educational system) education services for Singapore citizens, including sports education services. Otherwise:






1)


None










2)


None










3)


None










4)


Unbound






 




Post-secondary technical and vocational education services (only non-publicly funded education institutions) (92230**, 92240**, 92310)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Other higher education services, excluding training of doctors (only local tertiary institutions (12) shall be allowed to operate undergraduate or graduate programmes for the training of doctors in Singapore) (92390**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Adult education services (92400)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Other education services (92900)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










6.


ENVIRONMENTAL SERVICES








Sewage Services (94010)








1)


Unbound, except for consulting services










2)


None










3)


Unbound










4)


Unbound except as indicated in the horizontal section












1)


Unbound, except for consulting services










2)


None










3)


Unbound










4)


Unbound






 




Refuse Collection Services except Hazardous waste management (94020**)








1)


Unbound, except for consulting services










2)


None










3)


None, except the refuse collector must be incorporated in Singapore.
The number of public waste collectors is limited by the number of geographical sectors in Singapore.










4)


Unbound except as indicated in the horizontal section












1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound






 




Refuse Disposal Services except Landfill Services and Hazardous waste management (94020**)








1)


Unbound, except for consulting services










2)


None










3)


None, except the company must be incorporated in Singapore










4)


Unbound except as indicated in the horizontal section












1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound






 




Hazardous waste management, including collection, disposal, and treatment of hazardous waste (94020**)








1)


Unbound, except for consulting services










2)


None










3)


None, except the company must be incorporated in Singapore.










4)


Unbound except as indicated in the horizontal section












1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound






 




Sanitation and similar services (94030)








1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound






 




Cleaning services of exhaust gases (94040)








1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound






 




Noise abatement services (94050)








1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound






 




Nature and landscape protection services (94060)








1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound, except for consulting services










2)


None










3)


None










4)


Unbound






 










7.


FINANCIAL SERVICES






Note
All the commitments in this Schedule are subject to horizontal commitments in Singapore's Schedule of Specific Commitments. All the commitments in this Schedule are also subject to entry requirements, admission criteria, domestic laws, guidelines, rules and regulations, terms and conditions of the Monetary Authority of Singapore (MAS) or any other relevant authority or body in Singapore, as the case may be provided that they do not circumvent Singapore's obligations taken herewith. Juridical persons supplying financial services are subject to non-discriminatory limitations on juridical form (13).










A.


INSURANCE AND INSURANCE-RELATED SERVICES














(a)


Life insurance services including annuity, disability income, accident and health insurance services












1)


Unbound










2)


None










3)


These measures are also limitations on national treatment. In considering the admission of insurers under the Central Provident Fund Investment Scheme (CPFIS), the Central Provident Fund Board takes into consideration the following factors:






(a)


whether the insurer has a minimum one-year track record as a registered insurer in Singapore;










(b)


whether the insurer employs a minimum of three fund management staff, one of whom must have at least five years of fund management experience; the other two may only have two years of fund management experience if they:






(i)


are fully qualified Chartered Financial Analysts (CFAs), or










(ii)


are Associates of the Society of Actuaries, or










(iii)


hold Certificates in Finance and Investments from the Institute of Actuaries, or










(iv)


hold equivalent qualifications from any of the professional actuarial bodies recognised in Singapore; and














(c)


whether the insurer manages at least SGD 500 million worth of funds in Singapore.




For the purpose of this limitation, the definition of ‘fund management staff’ shall include portfolio managers, research analysts and traders.










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.






 










(b)


Non-life insurance services including disability income, short term accident and health insurance and contracts of fidelity bonds, performance bonds or similar contracts of guarantee












1)


Unbound, except that insurers which are authorised or licensed to provide non-life insurance services in the Union may provide insurance of maritime, aviation and transit (‘MAT’) risks comprising:






(i)


maritime shipping 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 arising therefrom; and










(ii)


goods in international transit.














2)


These measures are also limitations on national treatment.
None except that compulsory insurance of motor third party liability and workmen's compensation may only be purchased from licensed insurance companies (14) in Singapore.










3)


None










4)


Unbound except as indicated in the horizontal section












1)


As indicated in the market access column










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 










(c)


Reinsurance and retrocession












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 










(d)


Insurance intermediation comprising broking and agency services












1)


Unbound except that brokers which are authorised or licensed to provide ‘MAT’ and reinsurance intermediation in the EU may supply such services.










2)


The placement of domestic risks outside Singapore by brokers is subject to the approval of MAS, with the exception of reinsurance risks and insurance risks relating to maritime liabilities of ship owners insured by protection & indemnity clubs, or marine, aviation and transit business insured with an approved MAT insurer.










3)


None










4)


Unbound except as indicated in the horizontal section.












1)


As indicated in the market access column










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 










(e)


Services auxiliary to insurance comprising actuarial, loss adjustors, average adjustors and consultancy services












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 










B.


BANKING AND OTHER FINANCIAL SERVICES






Note
All the commitments in this Schedule are subject to horizontal commitments in Singapore's Schedule of Specific Commitments. All the commitments in this Schedule are also subject to entry requirements, admission criteria, domestic laws, guidelines, rules and regulations, terms and conditions of the Monetary Authority of Singapore (MAS) or any other relevant authority or body in Singapore, as the case may be provided that they do not circumvent Singapore's obligations taken herewith. Juridical persons supplying financial services are subject to non-discriminatory limitations on juridical form (15).










(a)


Acceptance of deposits and other repayable funds from the public












1)


Unbound










2)


None










3)


These measures are also limitations on national treatment.
Only institutions licensed or approved as banks, merchant banks and finance companies can accept deposits. This measure is not discriminatory.
Foreign banks can operate from only one office (excluding back-office operations) unless otherwise specified in this schedule. They cannot establish off-premise ATMs and ATM networking and new sub-branches unless otherwise specified in this schedule. This is also a limitation on national treatment.












1)


Unbound










2)


None










3)


Commercial banks
As indicated in the Market Access column.
Merchant banks
As indicated in the Market Access column.
Finance companies
As indicated in the Market Access column.










4)


Unbound except as indicated in the horizontal section.






Commercial banks
If Singapore commits with countries, with at least one full bank licence with qualifying full bank (QFB) privileges other than the United States of America, to offer one or more new full bank licences with QFB privileges after the date of this Agreement comes into force, the number of additional new full bank licences with QFB privileges will be offered to the EU. Other than the EU, only Australia, China, India, Malaysia and the United States of America have one or more full bank licences with QFB privileges.




 


Location of banks and relocation of banks and sub-branches require prior approval from MAS. This limitation will not be used as a means of arbitrary and unjustifiable discrimination against EU banks or disguised restriction on trade in services to the competitive advantage of local incumbents.


 


If Singapore allows a foreign QFB, other than from the US, to have more than 50 customer service locations, the same privilege should also be given to significantly rooted EU QFBs.




 


None, except the following electronic retail banking services: opening of accounts by new customers (16), acceptance of deposits, dispensing of legal tender notes and coins, and application for unsecured credit facilities (17). These measures shall be non-discriminatory, be non-arbitrary and shall not include any economic needs test. For greater clarity, none of these measures shall apply to wholesale banks, offshore banks and merchant banks.


 


 




 


For the purpose of this limitation, electronic banking services are provided over points of access not arranged by the bank, such as mobile personal retail banking, home internet retail banking and as such technology may evolve.
Establishment and operation of commercial foreign banks, merchant banks and finance companies are also subject to the limitations listed under activities B(a) to B(l) and the following limitations:


 


 




 


Commercial banks
No new full bank licence will be granted to foreign banks, unless otherwise specified in additional commitments.
Any EU bank with qualifying full bank (‘QFB’) privileges will be allowed to establish up to an additional 25 customer service locations (of which up to 10 may be established as branches), over and above the EU bank's existing limit of 25 customer service locations if and only if the MAS has determined that the EU bank is significantly rooted in Singapore.


 


 




 


In determining whether the EU bank is significantly rooted in Singapore, MAS will consider the following:






(a)


the EU bank must, at a minimum, incorporate its retail banking operations;










(b)


a simple majority of the Board of the EU bank's local subsidiary must be Singaporeans, Permanent Residents or a combination thereof;










(c)


MAS is satisfied that the EU bank and the local subsidiary where applicable serves a comprehensive spectrum of the local community in Singapore and in principle, respects the key initiatives of any industry-wide associations;










(d)


MAS is satisfied that the EU bank is committed to Singapore's financial stability and development in the long term. For example, MAS will consider the number of persons which the EU bank employs in Singapore and its willingness to support Singapore's financial stability;










(e)


Singapore is one of the EU bank's significant markets contributing a significant part of profits and assets to the EU bank's global banking group (18);










(f)


major business lines are headquartered in Singapore and the key decision makers of the business lines are resident in Singapore.






 


 




 


For avoidance of doubt, the local subsidiary must hold the Full Bank licence with the QFB privileges and is the entity which would be allowed to establish up to an additional 25 customer service locations (of which up to 10 may be established as branches).


 


 




 


A QFB may, with the prior approval of the MAS, enter into any arrangement with a local bank for access to the ATM network of the local bank for the purpose of permitting a cardholder of the QFB to obtain cash advances from his credit or charge card account, as the case may be. Where such an application for approval is made by the QFB, it would be granted as a matter of course, subject to such conditions as the MAS may impose.


 


 




 


QFBs may provide debit services on an Electronic Funds Transfer at Point of Sale (EFTPOS) network.
Wholesale banks
12 EU banks holding wholesale bank licenses, upon application to the MAS, will be allowed to operate up to 2 customer service locations each.
Singapore commits to review the possibility of increasing the number of banks allowed to benefit from customer service locations once they are awarded to 12 EU banks.


 


 




 


Only a maximum of 20 new wholesale bank licenses will be granted by MAS and/or its successor body between 1 January 2013 to 31 December 2014.
Quantitative limits on the number of wholesale bank licences will be removed for EU banks with or without operations in Singapore, 3 years after the date of entry into force of this Agreement and such banks may be admitted directly as wholesale banks.


 


 




 


Wholesale banks are not permitted to:






(a)


accept Singapore dollar fixed deposits of less than SGD 250 000 ;










(b)


operate Singapore dollar savings accounts without MAS' prior approval;










(c)


operate interest-bearing Singapore dollar current accounts for natural persons who are Singapore residents;










(d)


issue Singapore dollar bonds and negotiable certificates of deposit, unless the requirements pertaining to minimum maturity period, minimum denomination or class of investors contained in the Guidelines for Operation of Wholesale Banks issued by MAS and/or its successor body are complied with.






 


 




 


Offshore banks
Offshore banks are not permitted to:






(a)


provide credit facilities to non-bank residents of Singapore in Singapore dollars exceeding a total of SGD 500 million at any one time;










(b)


offer savings account;










(c)


accept any fixed deposits or operate savings account in Singapore dollars from non-bank residents of Singapore;










(d)


operate current accounts for non-bank residents unless the accounts are offered:






(i)


in connection with credit facilities granted to, or other business dealings with the customer; or










(ii)


to customers of the bank's head office;














(e)


operate interest-bearing Singapore dollar current accounts for natural persons who are Singapore residents;










(f)


operate Singapore dollar savings accounts from non-bank non-residents of Singapore;










(g)


accept Singapore dollar fixed deposits of less than SGD 250 000  from non-bank non-residents;










(h)


issue Singapore dollar bonds and negotiable certificates of deposit, unless the requirements pertaining to minimum maturity period, minimum denomination or class of investors contained in the Guidelines for Operation of Offshore Banks issued by MAS and its successor body are complied with.






 


 




 


No foreign person shall, acting alone or in concert with other persons, assume control of any Singapore-incorporated bank or company, belonging to a class of financial institutions approved as financial holding companies under section 28 of the Monetary Authority of Singapore Act (referred to as a financial holding company) or approved, designated or otherwise regulated as financial holding companies under other laws and regulations.


 


 




 


Singapore shall not require more than a simple majority of the board of directors of an EU bank be composed of Singapore nationals, persons residing in Singapore, or a combination thereof.


 


 




 


Approval from the Minister is required before a person, either alone or together with associated persons, is allowed to acquire indirect control over and shareholdings or voting control of or exceeding 5 %, 12 %, 20 % shareholdings in a Singapore-incorporated bank or a financial holding company, and before a Singapore-incorporated bank or a financial holding company is merged or taken over by any other body.


 


 




 


In approving applications to exceed the threshold limits, the Minister may impose conditions that are considered necessary to prevent undue control, protect public interests and to ensure the integrity of the financial system.
A foreign person is a person that is:
In the case of a natural person, not a citizen of Singapore; and
In the case of a corporation, not controlled by citizens of Singapore.


 


 




 


Merchant banks
Merchant banks can only operate from one office (excluding back-office operations). This measure is not discriminatory.
Location and relocation of merchant banks require MAS' prior approval. This limitation shall not be used as a means of arbitrary and unjustifiable discrimination against EU merchant banks or disguised restriction on trade in services to the competitive advantage of local incumbents.


 


 




 


Merchant banks can, with MAS' authorisation, raise foreign currency funds from residents and non-residents, operate foreign currency savings accounts for non-residents and raise Singapore dollar funds from their shareholders and companies controlled by their shareholders, banks and finance companies. This measure is not discriminatory.


 


 




 


Finance companies
No new finance company licences will be granted.
Unbound for foreign acquisition of shares in finance companies and transfer or sale of foreign shareholdings in existing finance companies to foreign parties.


 


 




 


All finance companies, local and foreign-owned, can only conduct Singapore dollar business. With MAS' prior approval, eligible finance companies can also deal in foreign currencies, gold or other precious metals, and acquire foreign currency stocks, shares or debt/convertible securities.






4)


Unbound except as indicated in the horizontal section.






 


 










(b)


Lending of all types including consumer credit, mortgage credit, factoring and financing of commercial transaction












1)


Unbound










2)


None










3)


These measures are also limitations on national treatment:






(i)


Unbound for establishment of off-premise cash dispensing machines for credit and charge cards issuers as a means of circumventing quantitative restrictions on customer service locations.
Financial institutions extending Singapore dollar (SGD) credit facilities exceeding SGD 5 million per entity to non-resident financial entities or arranging SGD equity or bond issues for non-residents, must ensure that where the SGD proceeds are to be used outside Singapore, they are swapped or converted into foreign currency upon draw-down or before remittance abroad.
Financial entities shall not extend SGD credit facilities to non-resident financial entities if there is reason to believe that the SGD proceeds may be used for SGD currency speculation.
The term ‘non-resident’ is as defined in MAS Notice 757, issued under the Banking Act.
Each offshore bank's lending in Singapore dollars to residents shall not exceed SGD 500 m in aggregate.
Offshore banks should not use financial leasing activities or their related merchant banks to circumvent the SGD 500 m lending limit.










(ii)


Establishment of credit companies which do not conduct activities requiring MAS' approval is allowed.














4)


Unbound except as indicated in horizontal section.












1)


None










2)


None










3)


As indicated in the market access column.










4)


Unbound except as indicated in the horizontal section.






 










(c)


Financial leasing












1)


None










2)


None










3)


None










4)


Unbound












1)


None










2)


None










3)


None










4)


Unbound






 










(d)


Payment and money transmission services, including credit, charge and debit cards, cheques and bankers' drafts












1)


Unbound










2)


None










3)


These measures are also limitations on national treatment.
Remittance shops, except where the remittance business is conducted by banks and merchant banks, are required to be majority owned by Singapore citizens (i.e. ownership of more than 50 % shareholding).
Bankers' drafts can only be issued by banks.
The limitations indicated in B(b)3) above also apply to the activities listed in B(d).










4)


Unbound except as indicated in the horizontal section.












1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.






 










(e)


Guarantees and commitments












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.






 










(f)


Trading for own account or for account of customers, whether on an exchange, in an over-the counter market or otherwise, the following:






—


money market instruments (including cheques, bills, certificates of deposit)










—


foreign exchange










—


derivative products, including financial futures and options










—


exchange rate and interest rate instruments, including swaps and forward rate agreements










—


transferable securities










—


other negotiable instruments and financial assets, including bullion
















1)


Unbound except for trading in products listed in B(f) for own account. Trading in money market instruments, foreign exchange, as well as exchange rate and interest rate instruments can be conducted with financial institutions only.










2)


None










3)


The offer of derivative products involving the Singapore dollar is subject to the requirement indicated in B(b)3)(i).
Moneychangers, except where the money changing business is conducted by banks and merchant banks and finance companies, are required to be majority owned by Singapore citizens (i.e. ownership of more than 50 % shareholding).










4)


Unbound except as indicated in the horizontal section.












1)


None










2)


None










3)


None except as indicated for activity B(b) above.










4)


Unbound except as indicated in the horizontal section.






 










(g)


Participation in issues of all kinds of securities, including underwriting and placement as agent and provision of service related to such issues












1)


Unbound except for participation in issues of securities for own account, and underwriting and placement of securities through stockbroking companies, banks or merchant banks in Singapore.










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None except as indicated for activity B(b) above.










4)


Unbound except as indicated in the horizontal section.






 










(h)


Money broking












1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.












1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.






 










(i)


Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services












1)


Unbound










2)


None










3)


These measures are also limitations on national treatment.




None, except:






(a)


Only the Central Depository Pte Ltd and its successor body is authorised to provide custodial depository services for book-entry securities.










(b)


In considering the admission of Fund Management Companies (FMCs) under the Central Provident Fund Investment Scheme (CPFIS), the Central Provident Fund Board takes into consideration the following factors:






(i)


whether the FMC has a minimum one-year track record as a capital markets services licence holder under the Securities and Futures Act, Cap. 289 (or its equivalent under the Securities Industry Act, Act 15 of 1986) in the fund management industry in Singapore while the group as a whole has a minimum of 3 years track record in fund management;










(ii)


whether the FMC manages at least SGD 500 million worth of funds in Singapore; and










(iii)


whether the FMC has a minimum of 3 fund managers, one of whom must have at least 5 years of fund management experience.
















1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.






 




 


For the purpose of this limitation, the definition of ‘fund manager’ shall include portfolio managers, research analysts and traders.
The establishment or operation of securities and futures markets as exchanges, exempt exchanges or recognised trading system providers, is subject to the authorisation, including the imposition of conditions for authorisation, by MAS or its successor body.






4)


Unbound except as indicated in the horizontal section.






 


 










(j)


Settlement and clearing services for financial assets, including securities, derivative products and other negotiable instruments












1)


Unbound, except for the provision of settlement and clearing services for financial assets which are listed on overseas exchanges only.










2)


None










3)


Unbound










4)


Unbound except as indicated in the horizontal section.












1)


Unbound










2)


None










3)


Unbound










4)


Unbound except as indicated in the horizontal section.






 










(k)


Advisory and other auxiliary financial services, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy












1)


Commercial presence is required for provision of investment and portfolio research and advice to the public.










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.






 










(l)


Provision and transfer of financial information, and financial data processing and related software by providers of other financial services












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section.






 










8.


HEALTH RELATED AND SOCIAL SERVICES














A.


Hospital Services








Hospital services, except:






(i)


supply of health services by government-owned or controlled health institutions, and










(ii)


investments in government-owned or controlled health institutions (93110**)












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










B.


Other Human Health Services








Ambulance services, except:






(i)


supply of health services by government-owned or controlled health institutions, and










(ii)


investments in government-owned or controlled health institutions (93192**)












1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 




Acute care hospitals, nursing homes and convalescent hospitals as defined by the Private Hospitals and Medical Clinics Act (Cap. 248), run on a commercial basis (93193**)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 










C.


Social Services (933)






Horizontal limitation on market access and national treatment
Statutory supervision services as listed in the Attachment are excluded from the scope of these commitments




Social services delivered through residential institutions to old persons and the handicapped (93311)
Social services delivered through residential institutions to children and other clients (93312)








1)


Unbound










2)


None










3)


None, except that the total number of facilities / service operations run by non-profit service suppliers that are partially State-funded is limited to the quantity determined by a master plan of State-funded social services in Singapore










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None except that Singapore retains the discretion to determine whether a non-resident service supplier may solicit business or conduct active marketing in Singapore










3)


None










4)


Unbound






 




Social services without accommodation (9332)








1)


Unbound










2)


None










3)


None, except that the total number of facilities/service operations run by non-profit service suppliers that are partially State-funded is limited to the quantity determined by a master plan of State-funded social services in Singapore










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None except that Singapore retains the discretion to determine whether a non-resident service supplier may solicit business or conduct active marketing in Singapore










3)


None










4)


Unbound






 










9.


TOURISM AND TRAVEL RELATED SERVICES














A.


Hotels and Restaurants (incl. Catering)








Hotel and other lodging services (641)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Food serving services, except meal serving services in eating facilities run by the government (19) (642**)
Beverage serving services for consumption on the premises (20) (643**)








1)


None, except that only a Singapore national or permanent resident can apply for a licence to operate a food establishment in places such as hawker centres, restaurants and cafes, in their personal capacity.










2)


None










3)


None, except that only a Singapore national or permanent resident can apply for a licence to operate a food establishment in places such as hawker centres, restaurants and cafes, in their personal capacity. To provide food and/or beverage catering services in Singapore, a foreign service supplier must incorporate as a limited company in Singapore, and apply for the food establishment license in the name of the limited company.










4)


Unbound except as indicated in the horizontal section












1)


None, except that only a Singapore national or permanent resident can apply for a licence to operate a food establishment in places such as hawker centres, restaurants and cafes, in their personal capacity.










2)


None










3)


None, except that only a Singapore national or permanent resident can apply for a licence to operate a food establishment in places such as hawker centres, restaurants and cafes, in their personal capacity. To provide food and/or beverage catering services in Singapore, a foreign service supplier must incorporate as a limited company in Singapore, and apply for the food establishment license in the name of the limited company.










4)


Unbound






 










B.


Travel Agencies & Tour Operators Services








Travel agencies & tour operators services (7471)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










C.


Tourist Guides Services








Tourist guides services (7472)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










10.


RECREATIONAL, CULTURAL AND SPORTING SERVICES














A.


Entertainment Services (including theatre, live bands & circus services) (9619)












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










C.


Libraries, Archives, Museums and Other Cultural Services








Library services (96311)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Museum Services, including preservation of historical sites and buildings (9632)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Archive services except for services specified under the National Heritage Board Act (9631**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










D.


Sporting and Other Recreational Services








Sports and recreational services, except gambling and betting services (964**)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 










11.


TRANSPORT SERVICES














A.


Maritime Transport Services








International transport (freight and passengers) excluding cabotage transport (7211**, 7212**)








1)


None










2)


None










3)


None except on the registration of Singapore-flag ships as specified in the Merchant Shipping Act (Cap. 179) (21)











4)


Unbound except as indicated in the horizontal section; unbound for intra-corporate transfers of ships' crews












1)


None










2)


None










3)


None except on the registration of Singapore-flag ships as specified in the Merchant Shipping Act (Cap. 179) (22)











4)


Unbound






In accordance with the decisions made at the WTO Negotiating Group on Maritime Transport Services, where the following services are not otherwise covered by the obligation enshrined in (ii) of subparagraph (c) of Article XXVIII of the General Agreement on Trade in Services in Annex 1B to the WTO Agreement, they are made to international maritime transport operators on reasonable and non-discriminatory terms and conditions:






—


pilotage;










—


towing and tug assistance;










—


provisioning, fuelling and watering;










—


garbage collection and ballast waste disposal;










—


port captain's services;










—


navigation aids;










—


emergency repair facilities;










—


anchorage; and










—


other shore-based operational services essential to ship operations, including communications, water and electrical supplies.








Maritime Auxiliary Services




Maritime agency services (23) (748**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 




Shipping brokerage services (748**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 




International towage (7214**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 




Storage and warehousing services (742**)








1)


Unbound










2)


None except such services provided by the public terminal operators in the port










3)


None except such services provided by the public terminal operators in the port










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None except such services provided by the public terminal operators in the port










3)


None except such services provided by the public terminal operators in the port










4)


Unbound except as indicated in the horizontal section






 




Container station and depot services (24)









1)


Unbound










2)


None except such services provided by the public terminal operators in the port










3)


None except such services provided by the public terminal operators in the port










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None except such services provided by the public terminal operators in the port










3)


None except such services provided by the public terminal operators in the port










4)


Unbound except as indicated in the horizontal section






 




Maritime freight forwarding services (25) (748, 749)








1)


Office registration may be required










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 




Rental of vessels with crew (7213)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 




Other supporting and auxiliary services (including catering) (749**)








1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 




Maintenance and repair of vessels (8868**)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section






 










B.


Rail Transport Services








Maintenance and repair of urban and suburban rail transport equipment (8868**)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 










C.


Road Transport Services








Rental services of cars with operators (71222)
Rental services of buses and coaches with operators (71223)
Rental services of commercial freight vehicles with operators (71240)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 




Freight transportation of:






(a)


refrigerated goods (71231)










(b)


liquids or gases (71232)










(c)


containerised freight (71233)










(d)


furniture (71234)












1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 




Maintenance and repair services of motor vehicles (61120)
Maintenance and repair services of parts of motor vehicles (88**)








1)


None










2)


None










3)


None










4)


Unbound as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 




Parking services (74430)








1)


None










2)


None










3)


None










4)


Unbound as indicated in the horizontal section












1)


None










2)


None










3)


None










4)


Unbound






 










D.


Services Auxiliary to All Modes of Transport except Maritime Transport Services








Storage and warehousing services, including container station and depot services (742)








1)


Unbound










2)


None










3)


Unbound except storage and warehouse services for land transport










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


Unbound except storage and warehouse services for land transport










4)


Unbound






 










12.


OTHER SERVICES NOT INCLUDED ELSEWHERE (95, 97, 98, 99)








Washing, cleaning and dyeing services (9701)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 




Hairdressing and other beauty services (9702)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 




Funeral, cremation and undertaking services except maintenance services of cemeteries, care of graves and graveyards (97030**)








1)


Unbound










2)


None










3)


None










4)


Unbound except as indicated in the horizontal section












1)


Unbound










2)


None










3)


None










4)


Unbound






 




SECTOR SPECIFIC COMMITMENTS/LIMITATIONS










A.


AGRICULTURE, HUNTING AND FORESTRY














(a)


Agriculture, hunting and related service activities (ISIC rev 3: 011, 012, 013, 014, 015)






Unbound for measures affecting pig farming.










(b)


Forestry, logging and related service activities (ISIC rev 3: 020)






None


None


 










B.


FISHING














(a)


Fishing, operation of fish hatcheries and fish farms; service activities incidental to fishing (ISIC rev 3: 050)






None


None


 










C.


MINING AND QUARRYING














(a)


Mining of coal and lignite; extraction of peat (ISIC rev 3: 101, 102, 103)






None


None


 










(b)


Extraction of crude petroleum and natural gas; services activities incidental to oil and gas extraction excluding surveying (ISIC rev 3: 111, 112)






None


None


 










(c)


Mining of uranium and thorium ores (ISIC rev 3: 120)






None


None


 










(d)


Mining of metal ores (ISIC rev 3: 131, 132)






None


None


 










(e)


Other mining and quarrying (ISIC rev 3: 141, 142)






Unbound for measures affecting quarrying.










D.


MANUFACTURING






Unbound for measures affecting the manufacture for sale or other commercial purpose of any goods scheduled in the Control of Manufacture Act.
This limitation applies to the whole of ‘D. MANUFACTURING’.










(a)


Manufacture of food products and beverages (ISIC rev 3: 151, 152, 153, 154 excluding the manufacturing of chewing gum, 155 excluding 1551 and 1553)






None


None


 










(b)


Manufacture of textiles (ISIC rev 3: 171, 172, 173)






None


None


 










(c)


Manufacture of wearing apparel; dressing and dyeing of fur (ISIC rev 3: 181, 182)






None


None


 










(d)


Tanning and dressing of leather; manufacture of luggage, handbags. Saddler, harness and footwear (ISIC rev 3: 191, 192)






None


None


 










(e)


Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials (ISIC rev 3: 201, 202)






None


None


 










(f)


Manufacture of paper and paper products (ISIC rev 3: 210)






None


None


 










(g)


Publishing, printing and reproduction of recorded media (ISIC rev 3: 221, 222, 223)






Unbound for measures in relation to the publication of printed media.
Printed media refers to any publication containing news, intelligence, reports of occurrences, or any remarks, observations, or comments relating thereto, or to any matter of public interest, printed in any language and published for sale or free distribution at intervals not exceeding one week.










(h)


Manufacture of coke, refined petroleum products (ISIC rev 3: 231, 232)






None


None


 










(i)


Manufacture of chemicals and chemical products (ISIC rev 3: 24 excluding the manufacturing of explosives)






None


None


 










(j)


Manufacture of rubber and plastics products (ISIC rev 3: 251, 252)






None


None


 










(k)


Manufacture of other non-metallic mineral products (ISIC rev 3: 261, 269)






None


None


 










(l)


Manufacture of basic metals (ISIC rev 3: 271 excluding the manufacturing of drawn steel products, 272, 273)






None


None


 










(m)


Manufacture of fabricated metal products, except machinery and equipment (ISIC rev 3: 281 excluding the manufacturing of nuclear reactors, 289)






None


None


 










(n)


Manufacture of machinery and equipment n.e.c. (ISIC rev 3: 291, 292 excluding the manufacturing of weapons and ammunition, 293)






None


None


 










(o)


Manufacture of office, accounting and computing machinery (ISIC rev 3: 300)






None


None


 










(p)


Manufacture of electrical machinery and apparatus n.e.c. (ISIC rev 3: 311, 312, 313, 314, 315, 319)






None


None


 










(q)


Manufacture of radio, television and communication equipment and apparatus (ISIC rev 3: 321, 322, 323)






None


None


 










(r)


Manufacture of medical, precision and optical instruments, watches and clocks (ISIC rev 3: 331, 332, 333)






None


None


 










(s)


Manufacture of motor vehicles, trailers and semi-trailers (ISIC rev 3: 341, 342, 343)






None


None


 










(t)


Manufacture of other transport equipment (ISIC rev 3: 351, 352, 353, 359)






None


None


 










(u)


Manufacture of furniture; manufacturing n.e.c. (ISIC rev 3: 361, 369)






None


None


 










(v)


Recycling (ISIC rev 3: 371, 372)






None


None


 










E.


ELECTRICITY, GAS, AND WATER SUPPLY














(a)


Electricity and gas (ISIC rev 3: 401, 402)






None, except:






(a)


Power producers shall only sell power through the Singapore electricity wholesale market and shall not be allowed to sell directly to consumers.
The amount of power supplied cumulatively by power producers located outside of Singapore to Singapore's wholesale power market shall not exceed 600 MW.










(b)


only SP Services Ltd and its successor body shall be allowed to supply electricity to:






(i)


All household consumers of electricity;










(ii)


Non-household consumers of electricity whose Average monthly consumption is below 10 000  kWh; and










(iii)


Consumers whose electricity is supplied at single phase low voltage.














(c)


only PowerAssets Ltd and its successor body shall be the transmission licensee as defined in the Electricity Act.
PowerAssets Ltd and/or its successor body shall be the sole owner and operator of the electricity transmission and distribution network in Singapore.










(d)


only City Gas Ltd and its successor body shall be allowed to produce and retail manufactured gas.










(e)


only Power Gas Ltd and its successor body shall be allowed to transport and distribute manufactured and natural gas.
Power Gas Ltd and its successor body shall be the sole owner and operator of the gas pipeline in Singapore.






 










(1)  Persons who qualify to be appointed in such a capacity are primarily Singapore citizens, Singapore permanent residents and EntrePass holders (all with local address).

(2)  Following the conclusion of the review of the Business Registration Act, any amendment to the Act by Singapore to delete any restriction for businesses conducted wholly online as appropriate, will be incorporated into this schedule.

(3)  Due to the gradual liberalisation process of Singapore's legal services market, Singapore cannot yet commit to further market access in this sector. The Parties will, with a view to granting further market access, review their commitments in legal services no later than two years after entry into force of the EUSFTA. The Trade Committee may amend either Party’s schedules in this respect.

(4)  A ‘letter’ means any communication in written form on any kind of physical medium to be conveyed and delivered (otherwise than electronically) to a particular addressee or address indicated by the sender on the letter itself or on its wrapping, and includes a postal article containing such communication, but does not include any book, catalogue, newspaper or periodical.

(5)  The security conditions cannot in any case constitute a means of arbitrary or unjustifiable discrimination against the EU operators, or a disguised restriction on establishment or cross border supply of services.

(6)  A ‘local express letter’ means a letter originating from a sender in Singapore and intended for delivery within Singapore within the same working day.

(7)  An ‘international express letter’ means a letter – (i) originating from a sender in Singapore and intended for delivery to a destination outside Singapore at a rate faster than the published delivery standard for air mail letters despatched by the public postal licensee; or (ii) originating from a sender outside Singapore and intended for delivery within the same working day in Singapore.

(8)  Telecommunication services exclude broadcasting services, which are services consisting of the uninterrupted chains of transmission by wired or wireless means required for the reception and/or display of aural and/or visual programme signals by all or part of the public.

(9)  Basic Telecommunication Services may be provided using satellite technology.

(10)  This includes voice, data and facsimile services.

(11)  Mobile Services may be provided using satellite technology.

(12)  Local tertiary institutions are tertiary institutions which are established pursuant to an Act of Parliament, or as designated by the Ministry of Education.

(13)  For example, partnerships and sole proprietorships are generally not acceptable juridical forms for depository financial institutions in Singapore. This headnote is not itself intended to affect, or otherwise limit, a choice by a financial service supplier of the other Party between branches or subsidiaries.

(14)  Licensing is expressed as, and equivalent to, registration for insurance companies, and insurance brokers carrying on insurance business in Singapore as provided for in Singapore domestic law on insurance.

(15)  For example, partnerships and sole proprietorships are generally not acceptable juridical forms for depository financial institutions in Singapore. This headnote is not itself intended to affect, or otherwise limit, a choice by a financial service supplier of the other Party between branches or subsidiaries.

(16)  This limitation does not preclude the possibility that parts of these transactions may be performed online.

(17)  This limitation does not preclude the possibility that parts of these transactions may be performed online.

(18)  
            ‘EU bank's global banking group’ means the parent company of the EU bank (or the EU bank, as the case may be, where it is not owned or controlled by a parent company) and its group of companies which are consolidated according to accounting standards in the jurisdiction where the parent company is incorporated or established.

(19)  Excluding food serving services in air and maritime transport services.

(20)  Excluding food serving services in air and maritime transport services.

(21)  To register a Singapore-flagged ship, the ship owner must be Singapore citizen(s), or Singapore incorporated company(ies) with a minimum paid-up capital of SGD 50 000.

(22)  To register a Singapore-flagged ship, the ship owner must be Singapore citizen(s), or Singapore incorporated company(ies) with a minimum paid-up capital of SGD 50 000.

(23)  
            ‘Maritime agency services’ (or ‘Shipping agency services’) means activities consisting in 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: marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; acting on behalf of the companies organising the call of the ship or taking over cargoes when required. However, this subsector does not include any service comprised in ‘maritime cargo handling services’, ‘container station and depot services’, ‘freight forwarding services’ and ‘customs clearance services’.

(24)  
            ‘Container station and depot services’ means activities consisting of storing containers with a view to their stuffing/stripping, repairing and making them available for shipments.

(25)  
            ‘Maritime freight forwarding services’ means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information, including customs clearance. The latter means the activities consisting in carrying out on behalf of another customs formalities concerning import, export or through transport of cargoes, whether this service in the main activity of the service provider or a usual complement of its main activity but excludes the exercise of statutory powers by Customs officers.



ATTACHMENT TO APPENDIX 8-B-1:
TYPES OF SOCIAL SERVICES EXCLUDED FROM SINGAPORE'S SCHEDULE OF SPECIFIC COMMITMENTS

1.   
Statutory supervision services with accommodation for the following types of clients (9331):






(a)


women and girls detained in a place of safety under Section 160 of the Women's Charter (Cap. 353) (93312);










(b)


children detained in a place of safety under Section 8 of the Children & Young Persons Act (Cap. 38) (the ‘CYP Act’)(93312);










(c)


children and young persons detained in a place of detention under Section 44(1)(f) CYP Act, or on probation to an approved school (1) under Section 44(1)(g) of the CYP Act (93319);










(d)


children and young persons admitted to an approved home for statutory supervision under Section 49 (ii) of CYP Act (93312); and










(e)


persons placed on probation with the requirement of residence in an approved institution under Section 12 of the Probation of Offenders Act (Cap. 252) (93319).






2.   
Statutory supervision services without accommodation for the following types of clients (9332):






(a)


children and young persons placed under supervision of an appointed welfare officer under Section 49(i) of the CYP Act (93329); and










(b)


persons placed on probation without the requirement of residence in an approved institution under Section 5 of the Probation of Offenders Act (93329).







(1)  The term ‘approved school’ used in Section 44(1) (g) of the CYP Act denotes a remand home for young offenders, and not a mainstream educational institution. Young offenders are detained in an ‘approved school’ for rehabilitation rather than for formal education.





Appendix 8-B-2
SINGAPORE
SCHEDULE OF SPECIFIC COMMITMENTS – APPENDIX ON FINANCIAL SERVICES
A.   SPECIFIC COMMITMENTS
All the commitments in this Schedule are subject to horizontal commitments in Singapore's Schedule of Specific Commitments. All the commitments in this Schedule are also subject to entry requirements, admission criteria, domestic laws, guidelines, rules and regulations, terms and conditions of the Monetary Authority of Singapore (MAS) or any other relevant authority or body in Singapore, as the case may be provided that they do not circumvent Singapore's obligations taken herewith. Juridical persons supplying financial services are subject to non-discriminatory limitations on juridical form (1).
Related to Insurance








1.


Singapore shall not require product filing or approval for insurance products other than for life insurance products (2), Central Provident Fund-related products and investment-linked products. Where product filing or approval is required, Singapore shall allow the introduction of the product, which Singapore shall deem to be approved unless the product is disapproved within a reasonable time, endeavouring to do so in 30 days. Singapore shall not maintain limitations on the number or frequency of product introduction. This specific commitment does not apply where a financial institution of the Union seeks to supply a new financial service pursuant to Article 8.53 (New Financial Services).




Related to Portfolio Management








2.









(a)


Singapore shall allow, in a manner consistent with Article 8.49 (Scope and Definitions), a financial service supplier other than a trust company or insurance company, organised outside its territory to provide investment advice and portfolio management services, excluding (1) custodial services and (2) trustee services and (3) execution services that are not related to managing a collective investment scheme, to the manager of a collective investment scheme, where the manager is:






(i)


located in the territory of Singapore; and










(ii)


related to the financial service supplier.














(b)


For purposes of this paragraph,






(i)


‘collective investment scheme’ has the meaning given to it under Section 2 of the Securities and Futures Act (Cap. 289); and










(ii)


‘related’ means a related corporation as defined under Section 6 of the Companies Act (Cap. 50).













Related to Credit and Charge Cards








3.


Singapore shall consider applications for access to automated teller machine networks operated by local banks in Singapore for credit and charge cards of non-bank issuers that are controlled by persons of the Union. Where such applications are approved, non-bank issuers will thereafter be permitted to negotiate for access to the automated teller machine networks operated by local banks on commercial terms.




B.   OTHERS








1.









(a)


Solely in the context of future liberalisation of its banking subsector, and not for the purposes of affording protection to local financial service suppliers within the banking subsector, Singapore may impose new non-conforming measures on a most-favoured nation treatment basis. Such measures may include, but are not limited to:






(i)


requirements regarding the composition of boards of directors of banks and finance companies; and










(ii)


limitations on the number of customer service locations of finance companies,




provided that any such non-conforming measure shall not derogate from commitments undertaken by Singapore in the Financial Services Section of its Schedule of Specific Commitments to liberalise on quantitative restrictions on the number of licences or on customer service locations for Union banks or establish time periods for allowing Union banks access to any ATM network in Singapore.










(b)


Where a Union financial service supplier chooses not to participate in a future liberalisation described in subparagraph (a), Singapore shall not apply any related new non-conforming measure or take any adverse action with respect to the financial service supplier.










(c)


If Singapore imposes any new non-conforming measure described in paragraph (a), it will:






(i)


notify the Union of its intent at least three months in advance of implementation of the measure;










(ii)


consult with the Union concerning the measure and give due consideration to the views expressed by the Union in this respect; and










(iii)


make compensatory adjustments to the Financial Services Section of its Schedule of Specific Commitments with respect to the same class of financial service supplier of the banking subsector as are affected by the measure, such that the general level of commitments is more favourable to trade in the banking subsector than prior to the new measure (3).














(d)


Subparagraph (a) shall not apply to any commitments that Singapore makes in respect of additional licences and customer service locations.











(1)  For example, partnerships and sole proprietorships are generally not acceptable juridical forms for depository financial institutions in Singapore. This headnote is not itself intended to affect, or otherwise limit, a choice by a financial service supplier of the other Party between branches or subsidiaries.

(2)  Life insurance products here would include non-short term accident and health policies and term policies exceeding five years.

(3)  It is understood that compensatory adjustments shall not be regarded as inadequate solely because the general level of commitments after the introduction of the new measure is not significantly more favourable to trade in the banking subsector than prior to the introduction of the measure.





ANNEX 9-A
CENTRAL ENTITIES WHICH PROCURE IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT
PART 1
SINGAPORE'S COMMITMENTS






Goods (specified in Annex 9-D)


Threshold: SDR 50 000 




Services (specified in Annex 9-E)


Threshold: SDR 50 000 




Construction (specified in Annex 9-F)


Threshold: SDR 5 000 000 




List of Entities:






 


Auditor-General's Office










 


Attorney-General's Chambers










 


Cabinet Office










 


Istana










 


Judicature










 


Ministry of Transport










 


Ministry of Culture, Community and Youth










 


Ministry of Education










 


Ministry of Environment and Water Resources










 


Ministry of Finance










 


Ministry of Foreign Affairs










 


Ministry of Health










 


Ministry of Home Affairs










 


Ministry of Communications and Information










 


Ministry of Manpower










 


Ministry of Law










 


Ministry of National Development










 


Ministry of Social and Family Development










 


Ministry of Trade and Industry










 


Parliament










 


Presidential Councils










 


Prime Minister's Office










 


Public Service Commission










 


Ministry of Defence




This Agreement applies to purchases by the Singapore Ministry of Defence of the following FSC categories (others being excluded) subject to the Government of Singapore's determinations under the provision of paragraph 1 of Article 9.3 (Security and General Exceptions).






FSC


Description




22


Railway Equipment




23


Ground Effect Vehicles, Motor Vehicles, Trailers and Cycles




24


Tractors




25


Vehicular Equipment Components




26


Tires and Tubes




29


Engine Accessories




30


Mechanical Power Transmission Equipment




31


Bearings




32


Woodworking Machinery and Equipment




34


Metalworking Machinery




35


Service and Trade Equipment




36


Special Industry Machinery




37


Agricultural Machinery and Equipment




38


Construction, Mining, Excavating and Highway Maintenance Equipment




39


Materials Handling Equipment




40


Rope, Cable, Chain and Fittings




41


Refrigeration, Air Conditioning and Air Circulating Equipment




42


Fire Fighting, Rescue and Safety Equipment




43


Pumps and Compressors




44


Furnace, Steam Plant and Drying Equipment




45


Plumbing, Heating and Sanitation Equipment




46


Water Purification and Sewage Treatment Equipment




47


Pipe, Tubing, Hose and Fittings




48


Valves




51


Handtools




52


Measuring Tools




53


Hardware and Abrasives




54


Prefabricated Structures and Scaffolding




55


Lumber, Millwork, Plywood and Veneer




56


Construction and Building Materials




61


Electric Wire, and Power and Distribution Equipment




62


Lighting, Fixtures and Lamps




63


Alarm, Signal and Security Detection Systems




65


Medical, Dental and Veterinary Equipment and Supplies




67


Photographic Equipment




68


Chemicals and Chemical Products




69


Training Aids and Devices




70


General Purpose Automatic Data Processing Equipment, Software, Supplies and Support Equipment




71


Furniture




72


Household and Commercial Furnishings and Appliances




73


Food Preparation and Serving Equipment




74


Office Machines, Text Processing Systems and Visible Record Equipment




75


Office Supplies and Devices




76


Books, Maps and other Publications




77


Musical Instruments, Phonographs and Home-Type Radios




78


Recreational and Athletic Equipment




79


Cleaning Equipment and Supplies




80


Brushes, Paints, Sealers and Adhesives




81


Containers, Packaging and Packing Supplies




83


Textiles, Leather, Furs, Apparel and Shoe Findings, Tents and Flags




84


Clothing, Individual Equipment, and Insignia




85


Toiletries




87


Agricultural Supplies




88


Live Animals




89


Subsistence




91


Fuels, Lubricants, Oils and Waxes




93


Non-metallic Fabricated Materials




94


Non-metallic Crude Materials




95


Metal Bars, Sheets and Shapes




96


Ores, Minerals, and their Primary Products




99


Miscellaneous




Notes to Part 1 of Annex 9-A:






1.


The Agreement does not apply to any procurement in respect of:






(a)


construction contracts for chanceries abroad and headquarters buildings entered into by the Ministry of Foreign Affairs; and










(b)


contracts made by the Internal Security Department, Criminal Investigation Department, Security Branch and Central Narcotics Bureau of the Ministry of Home Affairs, as well as procurement, that have security considerations made by the Ministry.














2.


The Agreement does not apply to any procurement made by a covered entity on behalf of a non-covered entity.




PART 2
UNION'S COMMITMENTS






Goods (specified in Annex 9-D)


Threshold: SDR 130 000 




Services (specified in Annex 9-E)


Threshold: SDR 130 000 




Works (specified in Annex 9-F)


Threshold: SDR 5 000 000 




1.   Union entities
The Council of the European Union
The European Commission
European External Action Service (EEAS)
2.   The central government contracting authorities of the Member States of the Union
BELGIUM












1.


Services publics fédéraux:












1.


Federale Overheidsdiensten:








SPF Chancellerie du Premier Ministre;


FOD Kanselarij van de Eerste Minister;




SPF Personnel et Organisation;


FOD Kanselarij Personeel en Organisatie;




SPF Budget et Contrôle de la Gestion;


FOD Budget en Beheerscontrole;




SPF Technologie de l'Information et de la Communication Fedict);


FOD Informatie- en Communicatietechnologie (Fedict);




SPF Affaires étrangères, Commerce extérieur et Coopération au Développement;


FOD Buitenlandse Zaken, Buitenlandse Handel en Ontwikkelingssamenwerking;




SPF Intérieur;


FOD Binnenlandse Zaken;




SPF Finances;


FOD Financiën;




SPF Mobilité et Transports;


FOD Mobiliteit en Vervoer;




SPF Emploi, Travail et Concertation sociale;


FOD Werkgelegenheid, Arbeid en sociaal overleg;




SPF Sécurité Sociale et Institutions publiques de Sécurité Sociale;


FOD Sociale Zekerheid en Openbare Instellingen van sociale Zekerheid;




SPF Santé publique, Sécurité de la Chaîne alimentaire et Environnement;


FOD Volksgezondheid, Veiligheid van de Voedselketen en Leefmilieu;




SPF Justice;


FOD Justitie;




SPF Economie, PME, Classes moyennes et Energie;


FOD Economie, KMO, Middenstand en Energie;




Ministère de la Défense;


Ministerie van Landsverdediging;




Service public de programmation


Programmatorische Overheidsdienst




Intégration sociale, Lutte contre la pauvreté Et Economie sociale;


Maatschappelijke Integratie, Armoedsbestrijding en sociale Economie;




Service public fédéral de Programmation Développement durable;


Programmatorische federale Overheidsdienst Duurzame Ontwikkeling;




Service public fédéral de Programmation Politique scientifique;


Programmatorische federale Overheidsdienst Wetenschapsbeleid;










2.


Régie des Bâtiments:












2.


Regie der Gebouwen:








Office national de Sécurité sociale;


Rijksdienst voor sociale Zekerheid;




Institut national d'Assurance sociales Pour travailleurs indépendants;


Rijksinstituut voor de sociale Verzekeringen der Zelfstandigen;




Institut national d'Assurance Maladie-Invalidité;


Rijksinstituut voor Ziekte- en Invaliditeitsverzekering;




Office national des Pensions;


Rijksdienst voor Pensioenen;




Caisse auxiliaire d'Assurance Maladie-Invalidité;


Hulpkas voor Ziekte-en Invaliditeitsverzekering;




Fond des Maladies professionnelles;


Fonds voor Beroepsziekten;




Office national de l'Emploi;


Rijksdienst voor Arbeidsvoorziening;




La Poste (1)



De Post (1)





BULGARIA






1.


Администрация на Народното събрание (Administration of the National Assembly)










2.


Администрация на Президента (Administration of the President)










3.


Администрация на Министерския съвет (Administration of the Council of Ministers)










4.


Конституционен съд (Constitutional Court)










5.


Българска народна банка (Bulgarian National Bank)










6.


Министерство на външните работи (Ministry of Foreign Affairs)










7.


Министерство на вътрешните работи (Ministry of the Interior)










8.


Министерство на извънредните ситуации (Ministry of Еmergency Situations)










9.


Министерство на държавната администрация и административната реформа (Ministry of State Administration and Administrative Reform)










10.


Министерство на земеделието и храните (Ministry of Agriculture and Food)










11.


Министерство на здравеопазването (Ministry of Health)










12.


Министерство на икономиката и енергетиката (Ministry of Economy and Energy)










13.


Министерство на културата (Ministry of Culture)










14.


Министерство на образованието и науката (Ministry of Education and Science)










15.


Министерство на околната среда и водите (Ministry of Environment and Water)










16.


Министерство на отбраната (Ministry of Defence)










17.


Министерство на правосъдието (Ministry of Justice)










18.


Министерство на регионалното развитие и благоустройството (Ministry of Regional Development and Public Works)










19.


Министерство на транспорта (Ministry of Transport)










20.


Министерство на труда и социалната политика (Ministry of Labour and Social Policy)










21.


Министерство на финансите (Ministry of Finance)










22.


държавни агенции, държавни комисии, изпълнителни агенции и други държавни институции, създадени със закон или с постановление на Министерския съвет, които имат функции във връзка с осъществяването на изпълнителната власт (state agencies, state commissions, executive agencies and other state authorities established by law or by Council of Ministers' decree having a function relating to the exercise of executive power):










23.


Агенция за ядрено регулиране (Nuclear Regulatory Agency)










24.


Държавна комисия за енергийно и водно регулиране (Energy and Water State Regulatory Commission)










25.


Държавна комисия по сигурността на информацията (State Commission on Information Security)










26.


Комисия за защита на конкуренцията (Commission for Protection of Competition)










27.


Комисия за защита на личните данни (Commission for Personal Data Protection)










28.


Комисия за защита от дискриминация (Commission for Protection Against Discrimination)










29.


Комисия за регулиране на съобщенията (Communications Regulation Commission)










30.


Комисия за финансов надзор (Financial Supervision Commission)










31.


Патентно ведомство на Република България (Patent Office of the Republic of Bulgaria)










32.


Сметна палата на Република България (National Audit Office of the Republic of Bulgaria)










33.


Агенция за приватизация (Privatization Agency)










34.


Агенция за следприватизационен контрол (Agency for Post-privatization Control)










35.


Български институт по метрология (Bulgarian Institute for Metrology)










36.


Държавна агенция ‘Архиви’ (State Agency ‘Archives’)










37.


Държавна агенция ‘Държавен резерв и военновременни запаси’ (State Agency ‘State Reserve and War-Time Stocks’)










38.


Държавна агенция за бежанците (State Agency for Refugees)










39.


Държавна агенция за българите в чужбина (State Agency for Bulgarians Abroad)










40.


Държавна агенция за закрила на детето (State Agency for Child Protection)










41.


Държавна агенция за информационни технологии и съобщения (State Agency for Information Technology and Communications)










42.


Държавна агенция за метрологичен и технически надзор (State Agency for Metrological and Technical Surveillance)










43.


Държавна агенция за младежта и спорта (State Agency for Youth and Sports)










44.


Държавна агенция по туризма (State Agency for Tourism)










45.


Държавна комисия по стоковите борси и тържища (State Commission on Commodity Exchanges and Market-places)










46.


Институт по публична администрация и европейска интеграция (Institute of Public Administration and European Integration)










47.


Национален статистически институт (National Statistical Institute)










48.


Агенция ‘Митници’ (Customs Agency)










49.


Агенция за държавна и финансова инспекция (Public Financial Inspection Agency)










50.


Агенция за държавни вземания (State Receivables Collection Agency)










51.


Агенция за социално подпомагане (Social Assistance Agency)










52.


Държавна агенция ‘Национална сигурност’ (State Agency ‘National Security’)










53.


Агенция за хората с увреждания (Agency for Persons with Disabilities)










54.


Агенция по вписванията (Registry Agency)










55.


Агенция по енергийна ефективност (Energy Efficiency Agency)










56.


Агенция по заетостта (Employment Agency)










57.


Агенция по геодезия, картография и кадастър (Geodesy, Cartography and Cadastre Agency)










58.


Агенция по обществени поръчки (Public Procurement Agency)










59.


Българска агенция за инвестиции (Bulgarian Investment Agency)










60.


Главна дирекция ‘Гражданска въздухоплавателна администрация’ (General Directorate ‘Civil Aviation Administration’)










61.


Дирекция за национален строителен контрол (Directorate for National Construction Supervision)










62.


Държавна комисия по хазарта (State Commission on Gambling)










63.


Изпълнителна агенция ‘Автомобилна администрация’ (Executive Agency ‘Automobile Administration’)










64.


Изпълнителна агенция ‘Борба с градушките’ (Executive Agency ‘Hail Suppression’)










65.


Изпълнителна агенция ‘Българска служба за акредитация’ (Executive Agency ‘Bulgarian Accreditation Service’)










66.


Изпълнителна агенция ‘Главна инспекция по труда’ (Executive Agency ‘General Labour Inspectorate’)










67.


Изпълнителна агенция ‘Железопътна администрация’ (Executive Agency ‘Railway Administration’)










68.


Изпълнителна агенция ‘Морска администрация’ (Executive Agency ‘Maritime Administration’)










69.


Изпълнителна агенция ‘Национален филмов център’ (Executive Agency ‘National Film Centre’)










70.


Изпълнителна агенция ‘Пристанищна администрация’ (Executive Agency ‘Port Administration’)










71.


Изпълнителна агенция ‘Проучване и поддържане на река Дунав’ (Executive Agency ‘Exploration and Maintenance of the Danube River’)










72.


Фонд ‘Републиканска пътна инфраструктура’ (National Infrastructure Fund)










73.


Изпълнителна агенция за икономически анализи и прогнози (Executive Agency for Economic Analysis and Forecasting)










74.


Изпълнителна агенция за насърчаване на малките и средни предприятия (Executive Agency for Promotion of Small and Medium Enterprises)










75.


Изпълнителна агенция по лекарствата (Executive Agency on Medicines)










76.


Изпълнителна агенция по лозата и виното (Executive Agency on Vine and Wine)










77.


Изпълнителна агенция по околна среда (Executive Environment Agency)










78.


Изпълнителна агенция по почвените ресурси (Executive Agency on Soil Resources)










79.


Изпълнителна агенция по рибарство и аквакултури (Executive Agency on Fisheries and Aquaculture)










80.


Изпълнителна агенция по селекция и репродукция в животновъдството (Executive Agency for Selection and Reproduction in Animal Husbandry)










81.


Изпълнителна агенция по сортоизпитване, апробация и семеконтрол (Executive Agency for Plant Variety Testing, Field Inspection and Seed Control)










82.


Изпълнителна агенция по трансплантация (Transplantation Executive Agency)










83.


Изпълнителна агенция по хидромелиорации (Executive Agency on Hydromelioration)










84.


Комисията за защита на потребителите (Commission for Consumer Protection)










85.


Контролно-техническата инспекция (Control Technical Inspectorate)










86.


Национална агенция за приходите (National Revenue Agency)










87.


Национална ветеринарномедицинска служба (National Veterinary Service)










88.


Национална служба за растителна защита (National Service for Plant Protection)










89.


Национална служба по зърното и фуражите (National Grain and Feed Service)










90.


Държавна агенция по горите (State Forestry Agency)










91.


Висшата атестационна комисия (Higher Attestation Commission)










92.


Национална агенция за оценяване и акредитация (National Evaluation and Accreditation Agency)










93.


Националната агенция за професионално образование и обучение (National Agency for Vocational Education and Training)










94.


Национална комисия за борба с трафика на хора (Bulgarian National Anti-Trafficking Commission)










95.


Дирекция ‘Материално-техническо осигуряване и социално обслужване’ на Министерство на вътрешните работи (Directorate ‘Material-technical Ensuring and Social Service’ at the Ministry of the Interior)










96.


Дирекция ‘Оперативно издирване’ на Министерство на вътрешните работи (Directorate ‘Operative Investigation’ at the Ministry of the Interior)










97.


Дирекция ‘Финансово-ресурсно осигуряване’ на Министерство на вътрешните работи (Directorate ‘Financial and Resource Ensuring’ at the Ministry of the Interior)










98.


Изпълнителна агенция ‘Военни клубове и информация’ (Executive Agency ‘Military Clubs and Information’)










99.


Изпълнителна агенция ‘Държавна собственост на Министерството на отбраната’ (Executive Agency ‘State Property at the Ministry of Defence’)










100.


Изпълнителна агенция ‘Изпитвания и контролни измервания на въоръжение, техника и имущества’(Executive Agency ‘Testing and Control Measurements of Arms, Equipment and Property’)










101.


Изпълнителна агенция ‘Социални дейности на Министерството на отбраната’ (Executive Agency ‘Social Activities at the Ministry of Defence’)










102.


Национален център за информация и документация (National Center for Information and Documentation)










103.


Национален център по радиобиология и радиационна защита (National Centre for Radiobiology and Radiation Protection)










104.


Национална служба ‘Полиция’ (National Office ‘Police’)










105.


Национална служба ‘Пожарна безопасност и защита на населението’ (National Office ‘Fire Safety and Protection of the Population’)










106.


Национална служба за съвети в земеделието (National Agricultural Advisory Service)










107.


Служба ‘Военна информация’ (Military Information Service)










108.


Служба ‘Военна полиция’ (Military Police)










109.


Авиоотряд 28 (Airsquad 28)




CZECH REPUBLIC






1.


Ministerstvo dopravy (Ministry of Transport)










2.


Ministerstvo financí (Ministry of Finance)










3.


Ministerstvo kultury (Ministry of Culture)










4.


Ministerstvo obrany (Ministry of Defence)










5.


Ministerstvo pro místní rozvoj (Ministry for Regional Development)










6.


Ministerstvo práce a sociálních věcí (Ministry of Labour and Social Affairs)










7.


Ministerstvo průmyslu a obchodu (Ministry of Industry and Trade)










8.


Ministerstvo spravedlnosti (Ministry of Justice)










9.


Ministerstvo školství, mládeže a tělovýchovy (Ministry of Education, Youth and Sports)










10.


Ministerstvo vnitra (Ministry of the Interior)










11.


Ministerstvo zahraničních věcí (Ministry of Foreign Affairs)










12.


Ministerstvo zdravotnictví (Ministry of Health)










13.


Ministerstvo zemědělství (Ministry of Agriculture)










14.


Ministerstvo životního prostředí (Ministry of the Environment)










15.


Poslanecká sněmovna PČR (Chamber of Deputies of the Parliament of the Czech Republic)










16.


Senát PČR (Senate of the Parliament of the Czech Republic)










17.


Kancelář prezidenta (Office of the President)










18.


Český statistický úřad (Czech Statistical Office)










19.


Český úřad zeměměřičský a katastrální (Czech Office for Surveying, Mapping and Cadastre)










20.


Úřad průmyslového vlastnictví (Industrial Property Office)










21.


Úřad pro ochranu osobních údajů (Office for Personal Data Protection)










22.


Bezpečnostní informační služba (Security Information Service)










23.


Národní bezpečnostní úřad (National Security Authority)










24.


Česká akademie věd (Academy of Sciences of the Czech Republic)










25.


Vězeňská služba (Prison Service)










26.


Český báňský úřad (Czech Mining Authority)










27.


Úřad pro ochranu hospodářské soutěže (Office for the Protection of Competition)










28.


Správa státních hmotných rezerv (Administration of the State Material Reserves)










29.


Státní úřad pro jadernou bezpečnost (State Office for Nuclear Safety)










30.


Energetický regulační úřad (Energy Regulatory Office)










31.


Úřad vlády České republiky (Office of the Government of the Czech Republic)










32.


Ústavní soud (Constitutional Court)










33.


Nejvyšší soud (Supreme Court)










34.


Nejvyšší správní soud (Supreme Administrative Court)










35.


Nejvyšší státní zastupitelství (Supreme Public Prosecutor's Office)










36.


Nejvyšší kontrolní úřad (Supreme Audit Office)










37.


Kancelář Veřejného ochránce práv (Office of the Public Defender of Rights)










38.


Grantová agentura České republiky (Grant Agency of the Czech Republic)










39.


Státní úřad inspekce práce (State Labour Inspection Office)










40.


Český telekomunikační úřad (Czech Telecommunication Office)










41.


Ředitelství silnic a dálnic ČR (ŘSD) (Road and Motorway Directorate of the Czech Republic)




DENMARK






1.


Folketinget — The Danish Parliament Rigsrevisionen — The National Audit Office










2.


Statsministeriet — The Prime Minister's Office










3.


Udenrigsministeriet — Ministry of Foreign Affairs










4.


Beskæftigelsesministeriet — Ministry of Employment
5 styrelser og institutioner — 5 agencies and institutions










5.


Domstolsstyrelsen — The Court Administration










6.


Finansministeriet — Ministry of Finance
5 styrelser og institutioner — 5 agencies and institutions










7.


Forsvarsministeriet — Ministry of Defence
5 styrelser og institutioner — 5 agencies and Institutions










8.


Ministeriet for Sundhed og Forebyggelse — Ministry of the Interior and Health
Adskillige styrelser og institutioner, herunder Statens Serum Institut — Several agencies and institutions, including Statens Serum Institut










9.


Justitsministeriet — Ministry of Justice
Rigspolitichefen, anklagemyndigheden samt 1 direktorat og et antal styrelser — Commissioner of Police, 1 directorate and a number of agencies










10.


Kirkeministeriet — Ministry of Ecclesiastical Affairs
10 stiftsøvrigheder — 10 diocesan authorities










11.


Kulturministeriet — Ministry of Culture
4 styrelser samt et antal statsinstitutioner — A Department and a number of institutions










12.


Miljøministeriet — Ministry of the Environment
5 styrelser — 5 agencies










13.


Ministeriet for Flygtninge, Invandrere og Integration — Ministry of Refugee, Immigration and Integration Affairs
1 styrelse — 1 agency










14.


Ministeriet for Fødevarer, Landbrug og Fiskeri — Ministry of Food, Agriculture and Fisheries
4 direktorater og institutioner — 4 directorates and institutions










15.


Ministeriet for Videnskab, Teknologi og Udvikling — Ministry of Science, Technology and Innovation
Adskillige styrelser og institutioner, herunder Forskningscenter Risø og Statens uddannelsesbygninger — Several agencies and institutions, including Risø National Laboratory and Danish National Research and Education Buildings










16.


Skatteministeriet — Ministry of Taxation
1 styrelse og institutioner — 1 agency and several institutions










17.


Velfærdsministeriet — Ministry of Welfare
3 styrelser og institutioner — 3 agencies and several institutions










18.


Transportministeriet — Ministry of Transport
7 styrelser og institutioner, herunder Øresundsbrokonsortiet — 7 agencies and institutions, including Øresundsbrokonsortiet










19.


Undervisningsministeriet — Ministry of Education
3 styrelser, 4 undervisningsinstitutioner og 5 andre institutioner — 3 agencies, 4 educational establishments, 5 other institutions










20.


Økonomi- og Erhvervsministeriet — Ministry of Economic and Business Affairs
Adskillige styrelser og institutioner — Several agencies and institutions










21.


Klima- og Energiministeriet — Ministry for Climate and Energy
3 styrelser og institutioner — 3 agencies and institutions




GERMANY







1.


Federal Foreign Office


Auswärtiges Amt




2.


Federal Chancellery


Bundeskanzleramt




3.


Federal Ministry of Labour and Social Affairs


Bundesministerium für Arbeit und Soziales




4.


Federal Ministry of Education and Research


Bundesministerium für Bildung und Forschung




5.


Federal Ministry for Food, Agriculture and Consumer Protection


Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz




6.


Federal Ministry of Finance


Bundesministerium der Finanzen




7.


Federal Ministry of the Interior (civil goods only)


Bundesministerium des Innern




8.


Federal Ministry of Health


Bundesministerium für Gesundheit




9.


Federal Ministry for Family Affairs, Senior Citizens, Women and Youth


Bundesministerium für Familie, Senioren, Frauen und Jugend




10.


Federal Ministry of Justice


Bundesministerium der Justiz




11.


Federal Ministry of Transport, Building and Urban Affairs


Bundesministerium für Verkehr, Bau und Stadtentwicklung




12.


Federal Ministry of Economic Affairs and Technology


Bundesministerium für Wirtschaft und Technologie




13.


Federal Ministry for Economic Co-operation and Development


Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung




14.


Federal Ministry of Defence


Bundesministerium der Verteidigung




15.


Federal Ministry of Environment, Nature Conservation and Reactor Safety


Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit




ESTONIA






1.


Vabariigi Presidendi Kantselei (Office of the President of the Republic of Estonia)










2.


Eesti Vabariigi Riigikogu (Parliament of the Republic of Estonia)










3.


Eesti Vabariigi Riigikohus (Supreme Court of the Republic of Estonia)










4.


Riigikontroll (The State Audit Office of the Republic of Estonia)










5.


Õiguskantsler (Legal Chancellor)










6.


Riigikantselei (The State Chancellery)










7.


Rahvusarhiiv (The National Archives of Estonia)










8.


Haridus- ja Teadusministeerium (Ministry of Education and Research)










9.


Justiitsministeerium (Ministry of Justice)










10.


Kaitseministeerium (Ministry of Defence)










11.


Keskkonnaministeerium (Ministry of Environment)










12.


Kultuuriministeerium (Ministry of Culture)










13.


Majandus- ja Kommunikatsiooniministeerium (Ministry of Economic Affairs and Communications)










14.


Põllumajandusministeerium (Ministry of Agriculture)










15.


Rahandusministeerium (Ministry of Finance)










16.


Siseministeerium (Ministry of Internal Affairs)










17.


Sotsiaalministeerium (Ministry of Social Affairs)










18.


Välisministeerium (Ministry of Foreign Affairs)










19.


Keeleinspektsioon (The Language Inspectorate)










20.


Riigiprokuratuur (Prosecutor's Office)










21.


Teabeamet (The Information Board)










22.


Maa-amet (Estonian Land Board)










23.


Keskkonnainspektsioon (Environmental Inspectorate)










24.


Metsakaitse- ja Metsauuenduskeskus (Centre of Forest Protection and Silviculture)










25.


Muinsuskaitseamet (The Heritage Board)










26.


Patendiamet (Patent Office)










27.


Tehnilise Järelevalve Amet (The Estonian Technical Surveillance Authority)










28.


Tarbijakaitseamet (The Consumer Protection Board)










29.


Riigihangete Amet (Public Procurement Office)










30.


Taimetoodangu Inspektsioon (The Plant Production Inspectorate)










31.


Põllumajanduse Registrite ja Informatsiooni Amet (Agricultural Registers and Information Board)










32.


Veterinaar- ja Toiduamet (The Veterinary and Food Board)










33.


Konkurentsiamet (The Estonian Competition Authority)










34.


Maksu- ja Tolliamet (Tax and Customs Board)










35.


Statistikaamet (Statistics Estonia)










36.


Kaitsepolitseiamet (The Security Police Board)










37.


Kodakondsus- ja Migratsiooniamet (Citizenship and Migration Board)










38.


Piirivalveamet (National Board of Border Guard)










39.


Politseiamet (National Police Board)










40.


Eesti Kohtuekspertiisi Instituut (Forensic Service Centre)










41.


Keskkriminaalpolitsei (Central Criminal Police)










42.


Päästeamet (The Rescue Board)










43.


Andmekaitse Inspektsioon (Estonian Data Protection Inspectorate)










44.


Ravimiamet (State Agency of Medicines)










45.


Sotsiaalkindlustusamet (Social Insurance Board)










46.


Tööturuamet (Labour Market Board)










47.


Tervishoiuamet (Health Care Board)










48.


Tervisekaitseinspektsioon (Health Protection Inspectorate)










49.


Tööinspektsioon (Labour Inspectorate)










50.


Lennuamet (Estonian Civil Aviation Administration)










51.


Maanteeamet (Estonian Road Administration)










52.


Veeteede Amet (Maritime Administration)










53.


Julgestuspolitsei (Central Law Enforcement Police)










54.


Kaitseressursside Amet (Defence Resources Agency)










55.


Kaitseväe Logistikakeskus (Logistics Centre of Defence Forces)




GREECE






1.


Υπουργείο Εσωτερικών (Ministry of Interior)










2.


Υπουργείο Εξωτερικών (Ministry of Foreign Affairs)










3.


Υπουργείο Οικονομίας και Οικονομικών (Ministry of Economy and Finance)










4.


Υπουργείο Ανάπτυξης (Ministry of Development)










5.


Υπουργείο Δικαιοσύνης (Ministry of Justice)










6.


Υπουργείο Εθνικής Παιδείας και Θρησκευμάτων (Ministry of Education and Religion)










7.


Υπουργείο Πολιτισμού (Ministry of Culture)










8.


Υπουργείο Υγείας και Κοινωνικής Αλληλεγγύης (Ministry of Health and Social Solidarity)










9.


Υπουργείο Περιβάλλοντος, Χωροταξίας και Δημοσίων Έργων (Ministry of Environment, Physical Planning and Public Works)










10.


Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας (Ministry of Employment and Social Protection)










11.


Υπουργείο Μεταφορών και Επικοινωνιών (Ministry of Transport and Communications)










12.


Υπουργείο Αγροτικής Ανάπτυξης και Τροφίμων (Ministry of Rural Development and Food)










13.


Υπουργείο Εμπορικής Ναυτιλίας, Αιγαίου και Νησιωτικής Πολιτικής (Ministry of Mercantile Marine, Aegean and Island Policy)










14.


Υπουργείο Μακεδονίας- Θράκης (Ministry of Macedonia and Thrace)










15.


Γενική Γραμματεία Επικοινωνίας (General Secretariat of Communication)










16.


Γενική Γραμματεία Ενημέρωσης (General Secretariat of Information)










17.


Γενική Γραμματεία Νέας Γενιάς (General Secretariat for Youth)










18.


Γενική Γραμματεία Ισότητας (General Secretariat of Equality)










19.


Γενική Γραμματεία Κοινωνικών Ασφαλίσεων (General Secretariat for Social Security)










20.


Γενική Γραμματεία Απόδημου Ελληνισμού (General Secretariat for Greeks Living Abroad)










21.


Γενική Γραμματεία Βιομηχανίας (General Secretariat for Industry)










22.


Γενική Γραμματεία Έρευνας και Τεχνολογίας (General Secretariat for Research and Technology)










23.


Γενική Γραμματεία Αθλητισμού (General Secretariat for Sports)










24.


Γενική Γραμματεία Δημοσίων Έργων (General Secretariat for Public Works)










25.


Γενική Γραμματεία Εθνικής Στατιστικής Υπηρεσίας Ελλάδος (National Statistical Service)










26.


Εθνικό Συμβούλιο Κοινωνικής Φροντίδας (National Welfare Council)










27.


Οργανισμός Εργατικής Κατοικίας (Workers' Housing Organisation)










28.


Εθνικό Τυπογραφείο (National Printing Office)










29.


Γενικό Χημείο του Κράτους (General State Laboratory)










30.


Ταμείο Εθνικής Οδοποιίας (Greek Highway Fund)










31.


Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών (University of Athens)










32.


Αριστοτέλειο Πανεπιστήμιο Θεσσαλονίκης (University of Thessaloniki)










33.


Δημοκρίτειο Πανεπιστήμιο Θράκης (University of Thrace)










34.


Πανεπιστήμιο Αιγαίου (University of Aegean)










35.


Πανεπιστήμιο Ιωαννίνων (University of Ioannina)










36.


Πανεπιστήμιο Πατρών (University of Patras)










37.


Πανεπιστήμιο Μακεδονίας (University of Macedonia)










38.


Πολυτεχνείο Κρήτης (Polytechnic School of Crete)










39.


Σιβιτανίδειος Δημόσια Σχολή Τεχνών και Επαγγελμάτων (Sivitanidios Technical School)










40.


Αιγινήτειο Νοσοκομείο (Eginitio Hospital)










41.


Αρεταίειο Νοσοκομείο (Areteio Hospital)










42.


Εθνικό Κέντρο Δημόσιας Διοίκησης (National Centre of Public Administration)










43.


Οργανισμός Διαχείρισης Δημοσίου Υλικού (Α.Ε. Public Material Μanagement Organisation)










44.


Οργανισμός Γεωργικών Ασφαλίσεων (Farmers' Insurance Organisation)










45.


Οργανισμός Σχολικών Κτιρίων (School Building Organisation)










46.


Γενικό Επιτελείο Στρατού (Army General Staff)










47.


Γενικό Επιτελείο Ναυτικού (Navy General Staff)










48.


Γενικό Επιτελείο Αεροπορίας (Airforce General Staff)










49.


Ελληνική Επιτροπή Ατομικής Ενέργειας (Greek Atomic Energy Commission)










50.


Γενική Γραμματεία Εκπαίδευσης Ενηλίκων (General Secretariat for Further Education)










51.


Υπουργείο Εθνικής Άμυνας (Ministry of National Defence)










52.


Γενική Γραμματεία Εμπορίου (General Secretariat of Commerce)










53.


Ελληνικά Ταχυδρομεία Hellenic Post (EL. TA)




SPAIN
Presidencia de Gobierno
Ministerio de Asuntos Exteriores y de Cooperación
Ministerio de Justicia
Ministerio de Defensa
Ministerio de Economía y Hacienda
Ministerio del Interior
Ministerio de Fomento
Ministerio de Educación y Ciencia
Ministerio de Industria, Turismo y Comercio
Ministerio de Trabajo y Asuntos Sociales
Ministerio de Agricultura, Pesca y Alimentación
Ministerio de la Presidencia
Ministerio de Administraciones Públicas
Ministerio de Cultura
Ministerio de Sanidad y Consumo
Ministerio de Medio Ambiente
Ministerio de Vivienda
FRANCE
1.   Ministères
Services du Premier ministre
Ministère chargé de la santé, de la jeunesse et des sports
Ministère chargé de l'intérieur, de l'outre-mer et des collectivités territoriales
Ministère chargé de la justice
Ministère chargé de la défense
Ministère chargé des affaires étrangères et européennes
Ministère chargé de l'éducation nationale
Ministère chargé de l'économie, des finances et de l'emploi
Secrétariat d'Etat aux transports
Secrétariat d'Etat aux entreprises et au commerce extérieur
Ministère chargé du travail, des relations sociales et de la solidarité
Ministère chargé de la culture et de la communication
Ministère chargé du budget, des comptes publics et de la fonction publique
Ministère chargé de l'agriculture et de la pêche
Ministère chargé de l'enseignement supérieur et de la recherche
Ministère chargé de l'écologie, du développement et de l'aménagement durables
Secrétariat d'Etat à la fonction publique
Ministère chargé du logement et de la ville
Secrétariat d'Etat à la coopération et à la francophonie
Secrétariat d'Etat à l'outre-mer
Secrétariat d'Etat à la jeunesse et aux sports et de la vie associative
Secrétariat d'Etat aux anciens combattants
Ministère chargé de l'immigration, de l'intégration, de l'identité nationale et du co-développement
Secrétariat d'Etat en charge de la prospective et de l'évaluation des politiques publiques
Secrétariat d'Etat aux affaires européennes
Secrétariat d'Etat aux affaires étrangères et aux droits de l'homme
Secrétariat d'Etat à la consommation et au tourisme
Secrétariat d'Etat à la politique de la ville
Secrétariat d'Etat à la solidarité
Secrétariat d'Etat en charge de l'emploi
Secrétariat d'Etat en charge du commerce, de l'artisanat, des PME, du tourisme et des services
Secrétariat d'Etat en charge du développement de la région-capitale
Secrétariat d'Etat en charge de l'aménagement du territoire
2.   Etablissements publics nationaux
Académie de France à Rome
Académie de marine
Académie des sciences d'outre-mer
Académie des technologies
Agence Centrale des Organismes de Sécurité Sociale (A.C.O.S.S.)
Agences de l'eau
Agence de biomédecine
Agence pour l'enseignement du français à l'étranger
Agence française de sécurité sanitaire des aliments
Agence française de sécurité sanitaire de l'environnement et du travail
Agence Nationale de l'Accueil des Etrangers et des migrations
Agence nationale pour l'amélioration des conditions de travail (ANACT)
Agence nationale pour l'amélioration de l'habitat (ANAH)
Agence Nationale pour la Cohésion Sociale et l'Egalité des Chances
Agence pour la garantie du droit des mineurs
Agence nationale pour l'indemnisation des français d'outre-mer (ANIFOM)
Assemblée permanente des chambres d'agriculture (APCA)
Bibliothèque nationale de France
Bibliothèque nationale et universitaire de Strasbourg
Caisse des Dépôts et Consignations
Caisse nationale des autoroutes (CNA)
Caisse nationale militaire de sécurité sociale (CNMSS)
Caisse de garantie du logement locatif social
Casa de Velasquez
Centre d'enseignement zootechnique
Centre d'études de l'emploi
Centre hospitalier national des Quinze-Vingts
Centre international d'études supérieures en sciences agronomiques (Montpellier Sup Agro)
Centre des liaisons européennes et internationales de sécurité sociale
Centre des Monuments Nationaux
Centre national d'art et de culture Georges Pompidou
Centre national des arts plastiques
Centre national de la cinématographie
Institut national supérieur de formation et de recherche pour l'éducation des jeunes handicapés et les enseignements adaptés
Centre National d'Etudes et d'expérimentation du machinisme agricole, du génie rural, des eaux et des forêts (CEMAGREF)
Ecole nationale supérieure de Sécurité Sociale
Centre national du livre
Centre national de documentation pédagogique
Centre national des œuvres universitaires et scolaires (CNOUS)
Centre national professionnel de la propriété forestière
Centre National de la Recherche Scientifique (C.N.R.S)
Centres d'éducation populaire et de sport (CREPS)
Centres régionaux des œuvres universitaires (CROUS)
Collège de France
Conservatoire de l'espace littoral et des rivages lacustres
Conservatoire National des Arts et Métiers
Conservatoire national supérieur de musique et de danse de Paris
Conservatoire national supérieur de musique et de danse de Lyon
Conservatoire national supérieur d'art dramatique
Ecole centrale de Lille
Ecole centrale de Lyon
École centrale des arts et manufactures
École française d'archéologie d'Athènes
École française d'Extrême-Orient
École française de Rome
École des hautes études en sciences sociales
Ecole du Louvre
École nationale d'administration
École nationale de l'aviation civile (ENAC)
École nationale des Chartes
École nationale d'équitation
Ecole Nationale du Génie de l'Eau et de l'environnement de Strasbourg
Écoles nationales d'ingénieurs
Ecole nationale d'ingénieurs des industries des techniques agricoles et alimentaires de Nantes
Écoles nationales d'ingénieurs des travaux agricoles
École nationale de la magistrature
Écoles nationales de la marine marchande
École nationale de la santé publique (ENSP)
École nationale de ski et d'alpinisme
École nationale supérieure des arts décoratifs
École nationale supérieure des arts et industries textiles Roubaix
Ecole nationale supérieure des arts et techniques du théâtre
Écoles nationales supérieures d'arts et métiers
École nationale supérieure des beaux-arts
École nationale supérieure de céramique industrielle
École nationale supérieure de l'électronique et de ses applications (ENSEA)
Ecole Nationale Supérieure des Sciences de l'information et des bibliothécaires
Écoles nationales vétérinaires
École nationale de voile
Écoles normales supérieures
École polytechnique
École de viticulture — Avize (Marne)
Etablissement national d'enseignement agronomique de Dijon
Établissement national des invalides de la marine (ENIM)
Établissement national de bienfaisance Koenigswarter
Fondation Carnegie
Fondation Singer-Polignac
Haras nationaux
Hôpital national de Saint-Maurice
Institut français d'archéologie orientale du Caire
Institut géographique national
Institut National des Appellations d'origine
Institut national des hautes études de sécurité
Institut de veille sanitaire
Institut National d'enseignement supérieur et de recherche agronomique et agroalimentaire de Rennes
Institut National d'Etudes Démographiques (I.N.E.D)
Institut National d'Horticulture
Institut National de la jeunesse et de l'éducation populaire
Institut national des jeunes aveugles — Paris
Institut national des jeunes sourds — Bordeaux
Institut national des jeunes sourds — Chambéry
Institut national des jeunes sourds — Metz
Institut national des jeunes sourds — Paris
Institut national de physique nucléaire et de physique des particules (I.N.P.N.P.P)
Institut national de la propriété industrielle
Institut National de la Recherche Agronomique (I.N.R.A)
Institut National de la Recherche Pédagogique (I.N.R.P)
Institut National de la Santé et de la Recherche Médicale (I.N.S.E.R.M)
Institut national d'histoire de l'art (I.N.H.A.)
Institut National des Sciences de l'Univers
Institut National des Sports et de l'Education Physique
Instituts nationaux polytechniques
Instituts nationaux des sciences appliquées
Institut national de recherche en informatique et en automatique (INRIA)
Institut national de recherche sur les transports et leur sécurité (INRETS)
Institut de Recherche pour le Développement
Instituts régionaux d'administration
Institut des Sciences et des Industries du vivant et de l'environnement (Agro Paris Tech)
Institut supérieur de mécanique de Paris
Institut Universitaires de Formation des Maîtres
Musée de l'armée
Musée Gustave-Moreau
Musée du Louvre
Musée du Quai Branly
Musée national de la marine
Musée national J.-J.-Henner
Musée national de la Légion d'honneur
Musée de la Poste
Muséum National d'Histoire Naturelle
Musée Auguste-Rodin
Observatoire de Paris
Office français de protection des réfugiés et apatrides
Office National des Anciens Combattants et des Victimes de Guerre (ONAC)
Office national de la chasse et de la faune sauvage
Office National de l'eau et des milieux aquatiques
Office national d'information sur les enseignements et les professions (ONISEP)
Office universitaire et culturel français pour l'Algérie
Palais de la découverte
Parcs nationaux
Universités
3.   Institutions, autorités et juridictions indépendantes
Présidence de la République
Assemblée Nationale
Sénat
Conseil constitutionnel
Conseil économique et social
Conseil supérieur de la magistrature
Agence française contre le dopage
Autorité de contrôle des assurances et des mutuelles
Autorité de contrôle des nuisances sonores aéroportuaires
Autorité de régulation des communications électroniques et des postes
Autorité de sûreté nucléaire
Comité national d'évaluation des établissements publics à caractère scientifique, culturel et professionnel
Commission d'accès aux documents administratifs
Commission consultative du secret de la défense nationale
Commission nationale des comptes de campagne et des financements politiques
Commission nationale de contrôle des interceptions de sécurité
Commission nationale de déontologie de la sécurité
Commission nationale du débat public
Commission nationale de l'informatique et des libertés
Commission des participations et des transferts
Commission de régulation de l'énergie
Commission de la sécurité des consommateurs
Commission des sondages
Commission de la transparence financière de la vie politique
Conseil de la concurrence
Conseil supérieur de l'audiovisuel
Défenseur des enfants
Haute autorité de lutte contre les discriminations et pour l'égalité
Haute autorité de santé
Médiateur de la République
Cour de justice de la République
Tribunal des Conflits
Conseil d'Etat
Cours administratives d'appel
Tribunaux administratifs
Cour des Comptes
Chambres régionales des Comptes
Cours et tribunaux de l'ordre judiciaire (Cour de Cassation, Cours d'Appel, Tribunaux d'instance et Tribunaux de grande instance)
4.   Autre organisme public national
Union des groupements d'achats publics (UGAP)
Agence Nationale pour l'emploi (A.N.P.E)
Autorité indépendante des marchés financiers
Caisse Nationale des Allocations Familiales (CNAF)
Caisse Nationale d'Assurance Maladie des Travailleurs Salariés (CNAMS)
Caisse Nationale d'Assurance-Vieillesse des Travailleurs Salariés (CNAVTS)
CROATIA






1.


Croatian Parliament










2.


President of the Republic of Croatia










3.


Office of the President of the Republic of Croatia










4.


Office of the President of the Republic of Croatia after the expiry of the term of office










5.


Government of the of the Republic of Croatia










6.


Offices of the Government of the Republic of Croatia










7.


Ministry of Economy










8.


Ministry of Regional Development and EU Funds










9.


Ministry of Finance










10.


Ministry of Defence










11.


Ministry of Foreign and European Affairs










12.


Ministry of the Interior










13.


Ministry of Justice










14.


Ministry of Public Administration










15.


Ministry of Entrepreneurship and Crafts










16.


Ministry of Labour and Pension System










17.


Ministry of Maritime Affairs, Transport and Infrastructure










18.


Ministry of Agriculture










19.


Ministry of Tourism










20.


Ministry of Environmental and Nature Protection










21.


Ministry of Construction and Physical Planning










22.


Ministry of Veterans' Affairs










23.


Ministry of Social Policy and Youth










24.


Ministry of Health










25.


Ministry of Science, Education and Sports










26.


Ministry of Culture










27.


State administrative organisations










28.


County state administration offices










29.


Constitutional Court of the Republic of Croatia










30.


Supreme Court of the Republic of Croatia










31.


Courts










32.


State Judiciary Council










33.


State attorney's offices










34.


State Prosecutor's Council










35.


Ombudsman's offices










36.


State Commission for the Supervision of Public Procurement Procedures










37.


Croatian National Bank










38.


State agencies and offices










39.


State Audit Office




IRELAND






1.


President's Establishment










2.


Houses of the Oireachtas — [Parliament]










3.


Department of the Taoiseach — [Prime Minister]










4.


Central Statistics Office










5.


Department of Finance










6.


Office of the Comptroller and Auditor General










7.


Office of the Revenue Commissioners










8.


Office of Public Works










9.


State Laboratory










10.


Office of the Attorney General










11.


Office of the Director of Public Prosecutions










12.


Valuation Office










13.


Commission for Public Service Appointments










14.


Office of the Ombudsman










15.


Chief State Solicitor's Office










16.


Department of Justice, Equality and Law Reform










17.


Courts Service










18.


Prisons Service










19.


Office of the Commissioners of Charitable Donations and Bequests










20.


Department of the Environment, Heritage and Local Government










21.


Department of Education and Science










22.


Department of Communications, Energy and Natural Resources










23.


Department of Agriculture, Fisheries and Food










24.


Department of Transport










25.


Department of Health and Children










26.


Department of Enterprise, Trade and Employment










27.


Department of Arts, Sports and Tourism










28.


Department of Defence










29.


Department of Foreign Affairs










30.


Department of Social and Family Affairs










31.


Department of Community, Rural and Gaeltacht — [Gaelic speaking regions] Affairs










32.


Arts Council










33.


National Gallery




ITALY
I.   Purchasing bodies:






1.


Presidenza del Consiglio dei Ministri (Presidency of the Council of Ministers)










2.


Ministero degli Affari Esteri (Ministry of Foreign Affairs)










3.


Ministero dell'Interno (Ministry of Interior)










4.


Ministero della Giustizia e Uffici giudiziari (esclusi i giudici di pace) (Ministry of Justice and the Judicial Offices (other than the giudici di pace)










5.


Ministero della Difesa (Ministry of Defence)










6.


Ministero dell'Economia e delle Finanze (Ministry of Economy and Finance)










7.


Ministero dello Sviluppo Economico (Ministry of Economic Development)










8.


Ministero del Commercio internazionale (Ministry of International Trade)










9.


Ministero delle Comunicazioni (Ministry of Communications)










10.


Ministero delle Politiche Agricole e Forestali (Ministry of Agriculture and Forest Policies)










11.


Ministero dell'Ambiente e Tutela del Territorio e del Mare (Ministry of Environment, Land and Sea)










12.


Ministero delle Infrastrutture (Ministry of Infrastructure)










13.


Ministero dei Trasporti (Ministry of Transport)










14.


Ministero del Lavoro e delle politiche sociali e della Previdenza sociale (Ministry of Labour, Social Policy and Social Security)










15.


Ministero della Solidarietà sociale (Ministry of Social Solidarity)










16.


Ministero della Salute (Ministry of Health)










17.


Ministero dell'Istruzione dell' università e della ricerca (Ministry of Education, University and Research)










18.


Ministero per i Beni e le Attività culturali comprensivo delle sue articolazioni periferiche (Ministry of Heritage and Culture, including its subordinated entities)




II.   Other National public bodies:
CONSIP (Concessionaria Servizi Informatici Pubblici) (2)

CYPRUS






1.








(a)


Προεδρία και Προεδρικό Μέγαρο (Presidency and Presidential Palace)










(b)


Γραφείο Συντονιστή Εναρμόνισης (Office of the Coordinator for Harmonisation)














2.


Υπουργικό Συμβούλιο (Council of Ministers)










3.


Βουλή των Αντιπροσώπων (House of Representatives)










4.


Δικαστική Υπηρεσία (Judicial Service)










5.


Νομική Υπηρεσία της Δημοκρατίας (Law Office of the Republic)










6.


Ελεγκτική Υπηρεσία της Δημοκρατίας (Audit Office of the Republic)










7.


Επιτροπή Δημόσιας Υπηρεσίας (Public Service Commission)










8.


Επιτροπή Εκπαιδευτικής Υπηρεσίας (Educational Service Commission)










9.


Γραφείο Επιτρόπου Διοικήσεως (Office of the Commissioner for Administration (Ombudsman))










10.


Επιτροπή Προστασίας Ανταγωνισμού (Commission for the Protection of Competition)










11.


Υπηρεσία Εσωτερικού Ελέγχου (Internal Audit Service)










12.


Γραφείο Προγραμματισμού (Planning Bureau)










13.


Γενικό Λογιστήριο της Δημοκρατίας (Treasury of the Republic)










14.


Γραφείο Επιτρόπου Προστασίας Δεδομένων Προσωπικού Χαρακτήρα (Office of the Personal Character Data Protection Commissioner)










15.


Γραφείο Εφόρου Δημοσίων Ενισχύσεων (Office of the Commissioner for the Public Aid)










16.


Αναθεωρητική Αρχή Προσφορών (Tender Review Body)










17.


Υπηρεσία Εποπτείας και Ανάπτυξης Συνεργατικών Εταιρειών (Cooperative Societies' Supervision and Development Authority)










18.


Αναθεωρητική Αρχή Προσφύγων (Refugees' Review Body)










19.


Υπουργείο Άμυνας (Ministry of Defence)










20.








(a)


Υπουργείο Γεωργίας, Φυσικών Πόρων και Περιβάλλοντος (Ministry of Agriculture, Natural Resources and Environment)










(b)


Τμήμα Γεωργίας (Department of Agriculture)










(c)


Κτηνιατρικές Υπηρεσίες (Veterinary Services)










(d)


Τμήμα Δασών (Forest Department)










(e)


Τμήμα Αναπτύξεως Υδάτων (Water Development Department)










(f)


Τμήμα Γεωλογικής Επισκόπησης (Geological Survey Department)










(g)


Μετεωρολογική Υπηρεσία (Meteorological Service)










(h)


Τμήμα Αναδασμού (Land Consolidation Department)










(i)


Υπηρεσία Μεταλλείων (Mines Service)










(j)


Ινστιτούτο Γεωργικών Ερευνών (Agricultural Research Institute)










(k)


Τμήμα Αλιείας και Θαλάσσιων Ερευνών (Department of Fisheries and Marine Research)














21.








(a)


Υπουργείο Δικαιοσύνης και Δημοσίας Τάξεως (Ministry of Justice and Public Order)










(b)


Αστυνομία (Police)










(c)


Πυροσβεστική Υπηρεσία Κύπρου (Cyprus Fire Service)










(d)


Τμήμα Φυλακών (Prison Department)














22.








(a)


Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού (Ministry of Commerce, Industry and Tourism)










(b)


Τμήμα Εφόρου Εταιρειών και Επίσημου Παραλήπτη (Department of Registrar of Companies and Official Receiver)














23.








(a)


Υπουργείο Εργασίας και Κοινωνικών Ασφαλίσεων (Ministry of Labour and Social Insurance)










(b)


Τμήμα Εργασίας (Department of Labour)










(c)


Τμήμα Κοινωνικών Ασφαλίσεων (Department of Social Insurance)










(d)


Τμήμα Υπηρεσιών Κοινωνικής Ευημερίας (Department of Social Welfare Services)










(e)


Κέντρο Παραγωγικότητας Κύπρου (Productivity Centre Cyprus)










(f)


Ανώτερο Ξενοδοχειακό Ινστιτούτο Κύπρου (Higher Hotel Institute Cyprus)










(g)


Ανώτερο Τεχνολογικό Ινστιτούτο (Higher Τechnical Institute)










(h)


Τμήμα Επιθεώρησης Εργασίας (Department of Labour Inspection)










(i)


Τμήμα Εργασιακών Σχέσεων (Depertment of Labour Relations)














24.








(a)


Υπουργείο Εσωτερικών (Ministry of the Interior)










(b)


Επαρχιακές Διοικήσεις (District Administrations)










(c)


Τμήμα Πολεοδομίας και Οικήσεως (Town Planning and Housing Department)










(d)


Τμήμα Αρχείου Πληθυσμού και Μεταναστεύσεως (Civil Registry and Migration Department)










(e)


Τμήμα Κτηματολογίου και Χωρομετρίας (Department of Lands and Surveys)










(f)


Γραφείο Τύπου και Πληροφοριών (Press and Information Office)










(g)


Πολιτική Άμυνα (Civil Defence)










(h)


Υπηρεσία Μέριμνας και Αποκαταστάσεων Εκτοπισθέντων (Service for the care and rehabilitation of displaced persons)










(i)


Υπηρεσία Ασύλου (Asylum Service)














25.


Υπουργείο Εξωτερικών (Ministry of Foreign Affairs)










26.








(a)


Υπουργείο Οικονομικών (Ministry of Finance)










(b)


Τελωνεία (Customs and Excise)










(c)


Τμήμα Εσωτερικών Προσόδων (Department of Inland Revenue)










(d)


Στατιστική Υπηρεσία (Statistical Service)










(e)


Τμήμα Κρατικών Αγορών και Προμηθειών (Department of Government Purchasing and Supply)










(f)


Τμήμα Δημόσιας Διοίκησης και Προσωπικού (Public Administration and Personnel Department)










(g)


Κυβερνητικό Τυπογραφείο (Government Printing Office)










(h)


Τμήμα Υπηρεσιών Πληροφορικής (Department of Information Technology Services)














27.


Υπουργείο Παιδείας και Πολιτισμού (Ministry of Εducation and Culture)










28.








(a)


Υπουργείο Συγκοινωνιών και Έργων (Ministry of Communications and Works)










(b)


Τμήμα Δημοσίων Έργων (Department of Public Works)










(c)


Τμήμα Αρχαιοτήτων (Department of Antiquities)










(d)


Τμήμα Πολιτικής Αεροπορίας (Department of Civil Aviation)










(e)


Τμήμα Εμπορικής Ναυτιλίας (Department of Merchant Shipping)










(f)


Τμήμα Ταχυδρομικών Υπηρεσιών (Postal Services Department)










(g)


Τμήμα Οδικών Μεταφορών (Department of Road Transport)










(h)


Τμήμα Ηλεκτρομηχανολογικών Υπηρεσιών (Department of Electrical and Mechanical Services)










(i)


Τμήμα Ηλεκτρονικών Επικοινωνιών (Department of Electronic Telecommunications)














29.








(a)


Υπουργείο Υγείας (Ministry of Health)










(b)


Φαρμακευτικές Υπηρεσίες (Pharmaceutical Services)










(c)


Γενικό Χημείο (General Laboratory)










(d)


Ιατρικές Υπηρεσίες και Υπηρεσίες Δημόσιας Υγείας (Medical and Public Health Services)










(e)


Οδοντιατρικές Υπηρεσίες (Dental Services)










(f)


Υπηρεσίες Ψυχικής Υγείας (Mental Health Services)








LATVIA
(A)   Ministrijas, īpašu ministru sekretariāti un to padotībā esošās iestādes (Ministries, secretariats of ministers for special assignments, and their subordinate institutions):






1.


Aizsardzības ministrija un tās padotībā esošās iestādes (Ministry of Defence and subordinate institutions)










2.


Ārlietu ministrija un tas padotībā esošās iestādes (Ministry of Foreign Affairs and subordinate institutions)










3.


Ekonomikas ministrija un tās padotībā esošās iestādes (Ministry of Economics and subordinate institutions)










4.


Finanšu ministrija un tās padotībā esošās iestādes (Ministry of Finance and subordinate institutions)










5.


Iekšlietu ministrija un tās padotībā esošās iestādes (Ministry of the Interior Affairs and subordinate institutions)










6.


Izglītības un zinātnes ministrija un tās padotībā esošās iestādes (Ministry of Education and Science and subordinate institutions)










7.


Kultūras ministrija un tas padotībā esošās iestādes (Ministry of Culture and subordinate institutions)










8.


Labklājības ministrija un tās padotībā esošās iestādes (Ministry of Welfare and subordinate institutions)










9.


Satiksmes ministrija un tās padotībā esošās iestādes (Ministry of Transport and subordinate institutions)










10.


Tieslietu ministrija un tās padotībā esošās iestādes (Ministry of Justice and subordinate institutions)










11.


Veselības ministrija un tās padotībā esošās iestādes (Ministry of Health and subordinate institutions)










12.


Vides aizsardzības un reģionālās attīstības ministrija un tās padotībā esošās iestādes (Ministry of Environmental Protection and Regional Development and subordinate institutions)










13.


Zemkopības ministrija un tās padotībā esošās iestādes (Ministry of Agriculture and subordinate institutions)










14.


Īpašu uzdevumu ministra sekretariāti un to padotībā esošās iestādes (Ministries for Special Assignments and subordinate institutions)




(B)   Citas valsts iestādes (Other state institutions):






1.


Augstākā tiesa (Supreme Court)










2.


Centrālā vēlēšanu komisija (Central Election Commission)










3.


Finanšu un kapitāla tirgus komisija (Financial and Capital Market Commission)










4.


Latvijas Banka (Bank of Latvia)










5.


Prokuratūra un tās pārraudzībā esošās iestādes (Prosecutor's Office and institutions under its supervision)










6.


Saeimas un tās padotībā esošās iestādes (The Parliament and subordinate institutions)










7.


Satversmes tiesa (Constitutional Court)










8.


Valsts kanceleja un tās pārraudzībā esošās iestādes (State Chancellery and institutions under its supervision)










9.


Valsts kontrole (State Audit Office)










10.


Valsts prezidenta kanceleja (Chancellery of the State President)










11.


Citas valsts iestādes, kuras nav ministriju padotībā (Other state institutions not subordinate to ministries):






—


Tiesībsarga birojs (Office of the Ombudsman)










—


Nacionālā radio un televīzijas padome (National Broadcasting Council)




Other state institutions




LITHUANIA
Prezidentūros kanceliarija (Office of the President)
Seimo kanceliarija (Office of the Seimas)
Seimui atskaitingos institucijos: (Institutions Accountable to the Seimas):
Lietuvos mokslo taryba (Science Council);
Seimo kontrolierių įstaiga (The Seimas Ombudsmen's Office);
Valstybės kontrolė (National Audit Office);
Specialiųjų tyrimų tarnyba (Special Investigation Service);
Valstybės saugumo departamentas (State Security Department);
Konkurencijos taryba (Competition Council);
Lietuvos gyventojų genocido ir rezistencijos tyrimo centras (Genocide and Resistance Research Centre);
Vertybinių popierių komisija (Lithuanian Securities Commission);
Ryšių reguliavimo tarnyba (Communications Regulatory Authority);
Nacionalinė sveikatos taryba (National Health Board);
Etninės kultūros globos taryba (Council for the Protection of Ethnic Culture);
Lygių galimybių kontrolieriaus tarnyba (Office of Equal Opportunities Ombudsperson);
Valstybinė kultūros paveldo komisija (National Cultural Heritage Commission);
Vaiko teisių apsaugos kontrolieriaus įstaiga (Children's Rights Ombudsman Institution);
Valstybinė kainų ir energetikos kontrolės komisija (State Price Regulation Commission of Energy Resources);
Valstybinė lietuvių kalbos komisija (State Commission of the Lithuanian Language);
Vyriausioji rinkimų komisija (Central Electoral Committee);
Vyriausioji tarnybinės etikos komisija (Chief Commission of Official Ethics);
Žurnalistų etikos inspektoriaus tarnyba (Office of the Inspector of Journalists' Ethics).
Vyriausybės kanceliarija (Office of the Government)
Vyriausybei atskaitingos institucijos (Institutions Accountable to the Government):
Ginklų fondas (Weaponry Fund);
Informacinės visuomenės plėtros komitetas (Information Society Development Committee);
Kūno kultūros ir sporto departamentas (Department of Physical Education and Sports);
Lietuvos archyvų departamentas (Lithuanian Archives Department);
Mokestinių ginčų komisija (Commission on Tax Disputes);
Statistikos departamentas (Department of Statistics);
Tautinių mažumų ir išeivijos departamentas (Department of National Minorities and Lithuanians Living Abroad);
Valstybinė tabako ir alkoholio kontrolės tarnyba (State Tobacco and Alcohol Control Service);
Viešųjų pirkimų tarnyba (Public Procurement Office);
Valstybinė atominės energetikos saugos inspekcija (State Nuclear Power Safety Inspectorate);
Valstybinė duomenų apsaugos inspekcija (State Data Protection Inspectorate);
Valstybinė lošimų priežiūros komisija (State Gaming Control Commission);
Valstybinė maisto ir veterinarijos tarnyba (State Food and Veterinary Service);
Vyriausioji administracinių ginčų komisija (Chief Administrative Disputes Commission);
Draudimo priežiūros komisija (Insurance Supervisory Commission);
Lietuvos valstybinis mokslo ir studijų fondas (Lithuanian State Science and Studies Foundation);
Konstitucinis Teismas (Constitutional Court);
Lietuvos bankas (Bank of Lithuania).
Aplinkos ministerija (Ministry of Environment)
Įstaigos prie Aplinkos ministerijos (Institutions under the Ministry of Environment):
Generalinė miškų urėdija (Directorate General of State Forests);
Lietuvos geologijos tarnyba (Geological Survey of Lithuania);
Lietuvos hidrometeorologijos tarnyba (Lithuanian Hydrometereological Service);
Lietuvos standartizacijos departamentas (Lithuanian Standards Board);
Nacionalinis akreditacijos biuras (Lithuanian National Accreditation Bureau);
Valstybinė metrologijos tarnyba (State Metrology Service);
Valstybinė saugomų teritorijų tarnyba (State Service for Protected Areas);
Valstybinė teritorijų planavimo ir statybos inspekcija (State Territory Planning and construction Inspectorate).
Finansų ministerija (Ministry of Finance)
Įstaigos prie Finansų ministerijos (Institutions under the Ministry of Finance):
Muitinės departamentas (Lithuania Customs);
Valstybės dokumentų technologinės apsaugos tarnyba (Service of Technological Security of State Documents);
Valstybinė mokesčių inspekcija (State Tax Inspectorate);
Finansų ministerijos mokymo centras (Training Centre of the Ministry of Finance).
Krašto apsaugos ministerija (Ministry of National Defence)
Įstaigos prie Krašto apsaugos ministerijos (Institutions under the Ministry of National Defence):
Antrasis operatyvinių tarnybų departamentas (Second Investigation Department);
Centralizuota finansų ir turto tarnyba (Centralised Finance and Property Service);
Karo prievolės administravimo tarnyba (Military Enrolment Administration Service);
Krašto apsaugos archyvas (National Defence Archives Service);
Krizių valdymo centras (Crisis Management Centre);
Mobilizacijos departamentas (Mobilisation Department);
Ryšių ir informacinių sistemų tarnyba (Communication and Information Systems Service);
Infrastruktūros plėtros departamentas (Infrastructure Development Department);
Valstybinis pilietinio pasipriešinimo rengimo centras (Civil Resistance Centre);
Lietuvos kariuomenė (Lithuanian Armed Forces);
Krašto apsaugos sistemos kariniai vienetai ir tarnybos (Military Units and Services of the National Defence System).
Kultūros ministerija (Ministry of Culture)
Įstaigos prie Kultūros ministerijos (Institutions under the Ministry of Culture):
Kultūros paveldo departamentas (Department for the Lithuanian Cultural Heritage);
Valstybinė kalbos inspekcija (State Language Commission).
Socialinės apsaugos ir darbo ministerija (Ministry of Social Security and Labour)
Įstaigos prie Socialinės apsaugos ir darbo ministerijos (Institutions under the Ministry of Social Security and Labour):
Garantinio fondo administracija (Administration of Guarantee Fund);
Valstybės vaiko teisių apsaugos ir įvaikinimo tarnyba (State Child Rights Protection and Adoption Service);
Lietuvos darbo birža (Lithuanian Labour Exchange);
Lietuvos darbo rinkos mokymo tarnyba (Lithuanian Labour Market Training Authority);
Trišalės tarybos sekretoriatas (Tripartite Council Secretoriat);
Socialinių paslaugų priežiūros departamentas (Social Services Monitoring Department);
Darbo inspekcija (Labour Inspectorate);
Valstybinio socialinio draudimo fondo valdyba (State Social Insturance Fund Board);
Neįgalumo ir darbingumo nustatymo tarnyba (Disability and Working Capacity Establishment Service);
Ginčų komisija (Disputes Commission);
Techninės pagalbos neįgaliesiems centras (State Centre of Compensatory Technique for the Disabled);
Neįgaliųjų reikalų departamentas (Department of the Affairs of the Disabled).
Susisiekimo ministerija (Ministry of Transport and Communications)
Įstaigos prie Susisiekimo ministerijos (Institutions under the Ministry of Transport and Communications):
Lietuvos automobilių kelių direkcija (Lithuanian Road Administration);
Valstybinė geležinkelio inspekcija (State Railway Inspectorate);
Valstybinė kelių transporto inspekcija (State Road Transport Inspectorate);
Pasienio kontrolės punktų direkcija (Border Control Points Directorate).
Sveikatos apsaugos ministerija (Ministry of Health)
Įstaigos prie Sveikatos apsaugos ministerijos (Institutions under the Ministry of Health):
Valstybinė akreditavimo sveikatos priežiūros veiklai tarnyba (State Health Care Accreditation Agency);
Valstybinė ligonių kasa (State Patient Fund);
Valstybinė medicininio audito inspekcija (State Medical Audit Inspectorate);
Valstybinė vaistų kontrolės tarnyba (State Medicines Control Agency);
Valstybinė teismo psichiatrijos ir narkologijos tarnyba (Lithuanian Forensic Psychiatry and Narcology Service);
Valstybinė visuomenės sveikatos priežiūros tarnyba (State Public Health Service);
Farmacijos departamentas (Department of Pharmacy);
Sveikatos apsaugos ministerijos Ekstremalių sveikatai situacijų centras (Health Emergency Centre of the Ministry of Health);
Lietuvos bioetikos komitetas (Lithuanian Bioethics Committee);
Radiacinės saugos centras (Radiation Protection Centre).
Švietimo ir mokslo ministerija (Ministry of Education and Science)
Įstaigos prie Švietimo ir mokslo ministerijos (Institutions under the Ministry of Education and Science):
Nacionalinis egzaminų centras (National Examination Centre);
Studijų kokybės vertinimo centras (Centre for Quality Assessment in Higher Education).
Teisingumo ministerija (Ministry of Justice)
Įstaigos prie Teisingumo ministerijos (Institutions under the Ministry of Justice):
Kalėjimų departamentas (Department of Imprisonment Establishments);
Nacionalinė vartotojų teisių apsaugos taryba (National Consumer Rights Protection Board);
Europos teisės departamentas (European Law Department).
Ūkio ministerija (Ministry of Economy)
Įstaigos prie Ūkio ministerijos (Institutions under the Ministry of Economy):
Įmonių bankroto valdymo departamentas (Enterprise Bankruptcy Management Department);
Valstybinė energetikos inspekcija (State Energy Inspectorate);
Valstybinė ne maisto produktų inspekcija (State Non Food Products Inspectorate);
Valstybinis turizmo departamentas (Lithuanian State Department of Tourism).
Užsienio reikalų ministerija (Ministry of Foreign Affairs)
Diplomatinės atstovybės ir konsulinės įstaigos užsienyje bei atstovybės prie tarptautinių organizacijų (Diplomatic Missions and Consular as well as Representations to International Organisations).
Vidaus reikalų ministerija (Ministry of the Interior)
Įstaigos prie Vidaus reikalų ministerijos (Institutions under the Ministry of the Interior):
Asmens dokumentų išrašymo centras (Personalisation of Identity Documents Centre);
Finansinių nusikaltimų tyrimo tarnyba (Financial Crime Investigation Service);
Gyventojų registro tarnyba (Residents' Register Service);
Policijos departamentas (Police Department);
Priešgaisrinės apsaugos ir gelbėjimo departamentas (Fire-Prevention and Rescue Department);
Turto valdymo ir ūkio departamentas (Property Management and Economics Department);
Vadovybės apsaugos departamentas (VIP Protection Department);
Valstybės sienos apsaugos tarnyba (State Border Guard Department);
Valstybės tarnybos departamentas (Civil Service Department);
Informatikos ir ryšių departamentas (IT and Communications Department);
Migracijos departamentas (Migration Department);
Sveikatos priežiūros tarnyba (Health Care Department);
Bendrasis pagalbos centras (Emergency Response Centre).
Žemės ūkio ministerija (Ministry of Agriculture)
Įstaigos prie Žemės ūkio ministerijos (Institutions under the Ministry of Agriculture):
Nacionalinė mokėjimo agentūra (National Paying Agency);
Nacionalinė žemės tarnyba (National Land Service);
Valstybinė augalų apsaugos tarnyba (State Plant Protection Service);
Valstybinė gyvulių veislininkystės priežiūros tarnyba (State Animal Breeding Supervision Service);
Valstybinė sėklų ir grūdų tarnyba (State Seed and Grain Service);
Žuvininkystės departamentas (Fisheries Department).
Teismai (Courts):
Lietuvos Aukščiausiasis Teismas (The Supreme Court of Lithuania);
Lietuvos apeliacinis teismas (The Court of Appeal of Lithuania);
Lietuvos vyriausiasis administracinis teismas (The Supreme Administrative Court of Lithuania);
Apygardų teismai (County courts);
Apygardų administraciniai teismai (County administrative courts);
Apylinkių teismai (District courts);
Nacionalinė teismų administracija (National Courts Administration)
Generalinė prokuratūra (The Prosecutor's Office)
Kiti centriniai valstybinio administravimo subjektai (institucijos, įstaigos, tarnybos) (Other Central Public Administration Entities (institutions, establishments, agencies):






—


Muitinės kriminalinė tarnyba (Customs Criminal Service);










—


Muitinės informacinių sistemų centras (Customs Information Systems Centre);










—


Muitinės laboratorija (Customs Laboratory);










—


Muitinės mokymo centras (Customs Training Centre).




LUXEMBOURG






1.


Ministère d'Etat










2.


Ministère des Affaires Etrangères et de l'Immigration
Ministère des Affaires Etrangères et de l'Immigration: Direction de la Défense (Armée)










3.


Ministère de l'Agriculture, de la Viticulture et du Développement Rural
Ministère de l'Agriculture, de la Viticulture et du Développement Rural: Administration des Services Techniques de l'Agriculture










4.


Ministère des Classes moyennes, du Tourisme et du Logement










5.


Ministère de la Culture, de l'Enseignement Supérieur et de la Recherche










6.


Ministère de l'Economie et du Commerce extérieur










7.


Ministère de l'Education nationale et de la Formation professionnelle
Ministère de l'Education nationale et de la Formation professionnelle: Lycée d'Enseignement Secondaire et d'Enseignement Secondaire Technique










8.


Ministère de l'Egalité des chances










9.


Ministère de l'Environnement
Ministère de l'Environnement: Administration de l'Environnement










10.


Ministère de la Famille et de l'Intégration
Ministère de la Famille et de l'Intégration: Maisons de retraite










11.


Ministère des Finances










12.


Ministère de la Fonction publique et de la Réforme administrative
Ministère de la Fonction publique et de la Réforme administrative: Service Central des Imprimés et des Fournitures de l'Etat – Centre des Technologies de l'informatique de l'Etat










13.


Ministère de l'Intérieur et de l'Aménagement du territoire
Ministère de l'Intérieur et de l'Aménagement du territoire: Police Grand-Ducale Luxembourg– Inspection générale de Police










14.


Ministère de la Justice
Ministère de la Justice: Etablissements Pénitentiaires










15.


Ministère de la Santé
Ministère de la Santé: Centre hospitalier neuropsychiatrique










16.


Ministère de la Sécurité sociale










17.


Ministère des Transports










18.


Ministère du Travail et de l'Emploi










19.


Ministère des Travaux publics
Ministère des Travaux publics: Bâtiments Publics – Ponts et Chaussées




HUNGARY
Nemzeti Erőforrás Minisztérium (Ministry of National Resources)
Vidékfejlesztési Minisztérium (Ministry of Rural Development)
Nemzeti Fejlesztési Minisztérium (Ministry of National Development)
Honvédelmi Minisztérium (Ministry of Defence)
Közigazgatási és Igazságügyi Minisztérium (Ministry of Public Administration and Justice)
Nemzetgazdasági Minisztérium (Ministry for National Economy)
Külügyminisztérium (Ministry of Foreign Affairs)
Miniszterelnöki Hivatal (Prime Minister's Office)
Belügyminisztérium, (Ministry of Internal Affairs)
Központi Szolgáltatási Főigazgatóság (Central Services Directorate)
MALTA






1.


Uffiċċju tal-Prim Ministru (Office of the Prime Minister)










2.


Ministeru għall-Familja u Solidarjeta' Soċjali (Ministry for the Family and Social Solidarity)










3.


Ministeru ta' l-Edukazzjoni Zghazagh u Impjieg (Ministry for Education Youth and Employment)










4.


Ministeru tal-Finanzi (Ministry of Finance)










5.


Ministeru tar-Riżorsi u l-Infrastruttura (Ministry for Resources and Infrastructure)










6.


Ministeru tat-Turiżmu u Kultura (Ministry for Tourism and Culture)










7.


Ministeru tal-Ġustizzja u l-Intern (Ministry for Justice and Home Affairs)










8.


Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the Environment)










9.


Ministeru għal Għawdex (Ministry for Gozo)










10.


Ministeru tas-Saħħa, l-Anzjani u Kura fil-Kommunita' (Ministry of Health, the Elderly and Community Care)










11.


Ministeru ta' l-Affarijiet Barranin (Ministry of Foreign Affairs)










12.


Ministeru għall-Investimenti, Industrija u Teknologija ta' Informazzjoni (Ministry for Investment, Industry and Information Technology)










13.


Ministeru għall-Kompetittivà u Komunikazzjoni (Ministry for Competitiveness and Communications)










14.


Ministeru għall-Iżvilupp Urban u Toroq (Ministry for Urban Development and Roads)










15.


L-Uffiċċju tal-President (Office of the President)










16.


Uffiċċju ta 'l-iskrivan tal-Kamra tad-Deputati (Office of the Clerk of the House of Representatives)




THE NETHERLANDS
MINISTERIE VAN ALGEMENE ZAKEN — (MINISTRY OF GENERAL AFFAIRS)






—


Bestuursdepartement — (Central policy and staff departments)










—


Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid — (Advisory Council on Government Policy)










—


Rijksvoorlichtingsdienst: — (The Netherlands Government Information Service)




MINISTERIE VAN BINNENLANDSE ZAKEN EN KONINKRIJKSRELATIES — (MINISTRY OF THE INTERIOR)






—


Bestuursdepartement — (Central policy and staff departments)










—


Centrale Archiefselectiedienst (CAS) — (Central Records Selection Service)










—


Algemene Inlichtingen- en Veiligheidsdienst (AIVD) — (General Intelligence and Security Service)










—


Agentschap Basisadministratie Persoonsgegevens en Reisdocumenten (BPR) — (Personnel Records and Travel Documents Agency)










—


Agentschap Korps Landelijke Politiediensten — (National Police Services Agency)




MINISTERIE VAN BUITENLANDSE ZAKEN — (MINISTRY OF FOREIGN AFFAIRS)






—


Directoraat-generaal Regiobeleid en Consulaire Zaken (DGRC) — (Directorate-general for Regional Policy and Consular Affairs)










—


Directoraat-generaal Politieke Zaken (DGPZ) — (Directorate-general for Political Affairs)










—


Directoraat-generaal Internationale Samenwerking (DGIS) — (Directorate-general for International Cooperation)










—


Directoraat-generaal Europese Samenwerking (DGES) — (Directorate-general for European Cooperation)










—


Centrum tot Bevordering van de Import uit Ontwikkelingslanden (CBI) — (Centre for the Promotion of Imports from Developing Countries)










—


Centrale diensten ressorterend onder S/PlvS — (Support services falling under the Secretary-general and Deputy Secretary-general)










—


Buitenlandse Posten (ieder afzonderlijk) — (the various Foreign Missions)




MINISTERIE VAN DEFENSIE — (MINISTRY OF DEFENCE)






—


Bestuursdepartement — (Central policy and staff departments)










—


Commando Diensten Centra (CDC) — (Support Command)










—


Defensie Telematica Organisatie (DTO) — (Defence Telematics Organisation)










—


Centrale directie van de Defensie Vastgoed Dienst — (Defence Real Estate Service, Central Directorate)










—


De afzonderlijke regionale directies van de Defensie Vastgoed Dienst — (Defence Real Estate Service, Regional Directorates)










—


Defensie Materieel Organisatie (DMO) — (Defence Material Organisation)










—


Landelijk Bevoorradingsbedrijf van de Defensie Materieel Organisatie — National Supply Agency of the Defence Material Organisation










—


Logistiek Centrum van de Defensie Materieel Organisatie — Logistic Centre of the Defence Material Organisation










—


Marinebedrijf van de Defensie Materieel Organisatie — Maintenance Establishment of the Defence Material Organisation










—


Defensie Pijpleiding Organisatie (DPO) — Defence Pipeline Organisation




MINISTERIE VAN ECONOMISCHE ZAKEN — (MINISTRY OF ECONOMIC AFFAIRS)






—


Bestuursdepartement — (Central policy and staff departments)










—


Centraal Planbureau (CPB) — (Netherlands Bureau for Economic Policy Analyses)










—


Bureau voor de Industriële Eigendom (BIE) — (Industrial Property Office)










—


SenterNovem — (SenterNovem – Agency for sustainable innovation)










—


Staatstoezicht op de Mijnen (SodM) — (State Supervision of Mines)










—


Nederlandse Mededingingsautoriteit (NMa) — (Netherlands Competition Authority)










—


Economische Voorlichtingsdienst (EVD) — (Netherlands Foreign Trade Agency)










—


Agentschap Telecom — (Radiocommunications Agency)










—


Kenniscentrum Professioneel & Innovatief Aanbesteden, Netwerk voor Overheidsopdrachtgevers (PIANOo) — (Professional and innovative procurement, network for contracting authorities)










—


Regiebureau Inkoop Rijksoverheid — (Coordination of Central Government Purchasing)










—


Octrooicentrum Nederland — (Netherlands Patent Office)










—


Consumentenautoriteit — (Consumer Authority)




MINISTERIE VAN FINANCIËN — (MINISTRY OF FINANCE)






—


Bestuursdepartement — (Central policy and staff departments)










—


Belastingdienst Automatiseringscentrum — (Tax and Custom Computer and Software Centre)










—


Belastingdienst — (Tax and Customs Administration)










—


de afzonderlijke Directies der Rijksbelastingen — (the various Divisions of the Tax and Customs Administration throughout the Netherlands)










—


Fiscale Inlichtingen- en Opsporingsdienst (incl. Economische Controle dienst (ECD) — (Fiscal Information and Investigation Service (the Economic Investigation Service included))










—


Belastingdienst Opleidingen — (Tax and Customs Training Centre)










—


Dienst der Domeinen — (State Property Service)




MINISTERIE VAN JUSTITIE — (MINISTRY OF JUSTICE)






—


Bestuursdepartement — (Central policy and staff departments)










—


Dienst Justitiële Inrichtingen — (Correctional Institutions Agency)










—


Raad voor de Kinderbescherming — (Child Care and Protection Agency)










—


Centraal Justitie Incasso Bureau — (Central Fine Collection Agency)










—


Openbaar Ministerie — (Public Prosecution Service)










—


Immigratie en Naturalisatiedienst — (Immigration and Naturalisation Service)










—


Nederlands Forensisch Instituut — (Netherlands Forensic Institute)










—


Dienst Terugkeer & Vertrek — (Repatriation and Departure Agency)




MINISTERIE VAN LANDBOUW, NATUUR EN VOEDSELKWALITEIT — (MINISTRY OF AGRICULTURE, NATURE AND FOOD QUALITY)






—


Bestuursdepartement — (Central policy and staff departments)










—


Dienst Regelingen (DR) — (National Service for the Implementation of Regulations (Agency))










—


Agentschap Plantenziektenkundige Dienst (PD) — (Plant Protection Service (Agency))










—


Algemene Inspectiedienst (AID) — (General Inspection Service)










—


Dienst Landelijk Gebied (DLG) — (Government Service for Sustainable Rural Development)










—


Voedsel en Waren Autoriteit (VWA) — (Food and Consumer Product Safety Authority)




MINISTERIE VAN ONDERWIJS, CULTUUR EN WETENSCHAPPEN — (MINISTRY OF EDUCATION, CULTURE AND SCIENCE)






—


Bestuursdepartement — (Central policy and staff departments)










—


Inspectie van het Onderwijs — (Inspectorate of Education)










—


Erfgoedinspectie — (Inspectorate of Heritage)










—


Centrale Financiën Instellingen — (Central Funding of Institutions Agency)










—


Nationaal Archief — (National Archives)










—


Adviesraad voor Wetenschaps- en Technologiebeleid — (Advisory Council for Science and Technology Policy)










—


Onderwijsraad — (Education Council)










—


Raad voor Cultuur — (Council for Culture)




MINISTERIE VAN SOCIALE ZAKEN EN WERKGELEGENHEID — (MINISTRY OF SOCIAL AFFAIRS AND EMPLOYMENT)






—


Bestuursdepartement — (Central policy and staff departments)










—


Inspectie Werk en Inkomen — (the Work and Income Inspectorate)










—


Agentschap SZW — (SZW Agency)




MINISTERIE VAN VERKEER EN WATERSTAAT — (MINISTRY OF TRANSPORT, PUBLIC WORKS AND WATERMANAGEMENT)






—


Bestuursdepartement — (Central policy and staff departments)










—


Directoraat-Generaal Transport en Luchtvaart — (Directorate-general for Transport and Civil Aviation)










—


Directoraat-generaal Personenvervoer — Directorate-general for Passenger Transport)










—


Directoraat-generaal Water — (Directorate-general of Water Affairs)










—


Centrale diensten — (Central Services)










—


Shared services Organisatie Verkeer en Watersaat — (Shared services Organisation Transport and Water management) (new organisation)










—


Koninklijke Nederlandse Meteorologisch Instituut KNMI — (Royal Netherlands Meteorological Institute)










—


Rijkswaterstaat, Bestuur — (Public Works and Water Management, Board)










—


De afzonderlijke regionale Diensten van Rijkswaterstaat — (Each individual regional service of the Directorate-general of Public Works and Water Management)










—


De afzonderlijke specialistische diensten van Rijkswaterstaat — (Each individual specialist service of the Directorate-general of Public Works and Water Management)










—


Adviesdienst Geo-Informatie en ICT — (Advisory Council for Geo-information and ICT)










—


Adviesdienst Verkeer en Vervoer (AVV) — (Advisory Council for Traffic and Transport)










—


Bouwdienst — (Service for Construction)










—


Corporate Dienst — (Corporate Service)










—


Data ICT Dienst — (Service for Data and IT)










—


Dienst Verkeer en Scheepvaart — (Service for Traffic and Ship Transport)










—


Dienst Weg- en Waterbouwkunde (DWW) — (Service for Road and Hydraulic Engineering)










—


Rijksinstituut voor Kust en Zee (RIKZ) — (National Institute for Coastal and Marine Management)










—


Rijksinstituut voor Integraal Zoetwaterbeheer en Afvalwaterbehandeling (RIZA) — (National Institute for Sweet Water Management and Water Treatment)










—


Waterdienst — (Service for Water)










—


Inspectie Verkeer en Waterstaat, Hoofddirectie — (Inspectorate Transport and Water Management, Main Directorate)










—


Port state Control










—


Directie Toezichtontwikkeling Communicatie en Onderzoek (TCO) — (Directorate of Development of Supervision of Communication and Research)










—


Toezichthouder Beheer Eenheid Lucht — Management Unit ‘Air’
                        










—


Toezichthouder Beheer Eenheid Water — Management Unit ‘Water’
                        










—


Toezichthouder Beheer Eenheid Land — Management Unit ‘Land’
                        




MINISTERIE VAN VOLKSHUISVESTING, RUIMTELIJKE ORDENING EN MILIEUBEHEER — (MINISTRY FOR HOUSING, SPATIAL PLANNING AND THE ENVIRONMENT)






—


Bestuursdepartement — (Central policy and staff departments)










—


Directoraat-generaal Wonen, Wijken en Integratie — (Directorate General for Housing, Communities and Integration)










—


Directoraat-generaal Ruimte — (Directorate General for Spatial Policy)










—


Directoraat-general Milieubeheer — (Directorate General for Environmental Protection)










—


Rijksgebouwendienst — (Government Buildings Agency)










—


VROM Inspectie — (Inspectorate)




MINISTERIE VAN VOLKSGEZONDHEID, WELZIJN EN SPORT — (MINISTRY OF HEALTH, WELFARE AND SPORTS)






—


Bestuursdepartement — (Central policy and staff departments)










—


Inspectie Gezondheidsbescherming, Waren en Veterinaire Zaken — (Inspectorate for Health Protection and Veterinary Public Health)










—


Inspectie Gezondheidszorg — (Health Care Inspectorate)










—


Inspectie Jeugdhulpverlening en Jeugdbescherming — (Youth Services and Youth Protection Inspectorate)










—


Rijksinstituut voor de Volksgezondheid en Milieu (RIVM) — (National Institute of Public Health and Environment)










—


Sociaal en Cultureel Planbureau — (Social and Cultural Planning Office)










—


Agentschap t.b.v. het College ter Beoordeling van Geneesmiddelen — (Medicines Evaluation Board Agency)




TWEEDE KAMER DER STATEN-GENERAAL — (SECOND CHAMBER OF THE STATES GENERAL)
EERSTE KAMER DER STATEN-GENERAAL — (FIRST CHAMBER OF THE STATES GENERAL)
RAAD VAN STATE — (COUNCIL OF STATE)
ALGEMENE REKENKAMER — (NETHERLANDS COURT OF AUDIT)
NATIONALE OMBUDSMAN — (NATIONAL OMBUDSMAN)
KANSELARIJ DER NEDERLANDSE ORDEN — (CHANCELLERY OF THE NETHERLANDS ORDER)
KABINET DER KONINGIN — (QUEEN'S CABINET)
RAAD VOOR DE RECHTSPRAAK EN DE RECHTBANKEN — (JUDICIAL MANAGEMENT AND ADVISORY BOARD AND COURTS OF LAW)
AUSTRIA
A.   Present coverage of entities






1.


Bundeskanzleramt (Federal Chancellery)










2.


Bundesministerium für europäische und internationale Angelegenheiten (Federal Ministry for european and international Affairs)










3.


Bundesministerium für Finanzen (Federal Ministry of Finance)










4.


Bundesministerium für Gesundheit (Federal Ministry of Health)










5.


Bundesministerium für Inneres (Federal Ministry of Interior)










6.


Bundesministerium für Justiz (Federal Ministry of Justice)










7.


Bundesministerium für Landesverteidigung und Sport (Federal Ministry of Defence and Sport)










8.


Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft (Federal Ministry for Agriculture and Forestry, the Environment and Water Management)










9.


Bundesministerium für Arbeit, Soziales und Konsumentenschutz (Federal Ministry for Employment, Social Affairs and Consumer Protection)










10.


Bundesministerium für Unterricht, Kunst und Kultur (Federal Ministry for Education, Art and Culture)










11.


Bundesministerium für Verkehr, Innovation und Technologie (Federal Ministry for Transport, Innovation and Technology)










12.


Bundesministerium für Wirtschaft, Familie und Jugend (Federal Ministry for Economic Affairs, Family and Youth)










13.


Bundesministerium für Wissenschaft und Forschung (Federal Ministry for Science and Research)










14.


Bundesamt für Eich- und Vermessungswesen (Federal Office for Calibration and Measurement)










15.


Österreichische Forschungs- und Prüfzentrum Arsenal Gesellschaft m.b.H (Austrian Research and Test Centre Arsenal Ltd)










16.


Bundesanstalt für Verkehr (Federal Institute for Traffic)










17.


Bundesbeschaffung G.m.b.H (Federal Procurement Ltd)










18.


Bundesrechenzentrum G.m.b.H (Federal Data Processing Centre Ltd)




B.   All other central public authorities including their regional and local sub-divisions provided that they do not have an industrial or commercial character.
POLAND






1.


Kancelaria Prezydenta RP (Chancellery of the President)










2.


Kancelaria Sejmu RP (Chancellery of the Sejm)










3.


Kancelaria Senatu RP (Chancellery of the Senate)










4.


Kancelaria Prezesa Rady Ministrów (Chancellery of the Prime Minister)










5.


Sąd Najwyższy (Supreme Court)










6.


Naczelny Sąd Administracyjny (Supreme Administrative Court)










7.


Sądy powszechne - rejonowe, okręgowe i apelacyjne (Common Court of Law - District Court, Regional Court, Appellate Court)










8.


Trybunat Konstytucyjny (Constitutional Court)










9.


Najwyższa Izba Kontroli (Supreme Chamber of Control)










10.


Biuro Rzecznika Praw Obywatelskich (Office of the Human Rights Defender)










11.


Biuro Rzecznika Praw Dziecka (Office of the Children's Rigths Ombudsman)










12.


Biuro Ochrony Rządu (Government Protection Bureau)










13.


Biuro Bezpieczeństwa Narodowego (The National Security Office)










14.


Centralne Biuro Antykorupcyjne (Central Anticorruption Bureau)










15.


Ministerstwo Pracy i Polityki Społecznej (Ministry of Labour and Social Policy)










16.


Ministerstwo Finansów (Ministry of Finance)










17.


Ministerstwo Gospodarki (Ministry of Economy)










18.


Ministerstwo Rozwoju Regionalnego (Ministry of Regional Development)










19.


Ministerstwo Kultury i Dziedzictwa Narodowego (Ministry of Culture and National Heritage)










20.


Ministerstwo Edukacji Narodowej (Ministry of National Education)










21.


Ministerstwo Obrony Narodowej (Ministry of National Defence)










22.


Ministerstwo Rolnictwa i Rozwoju Wsi (Ministry of Agriculture and Rural Development)










23.


Ministerstwo Skarbu Państwa (Ministry of the State Treasury)










24.


Ministerstwo Sprawiedliwości (Ministry of Justice)










25.


Ministerstwo Transportu, Budownictwa i Gospodarki Morskiej (Ministry of Transport, Construction and Maritime Economy)










26.


Ministerstwo Nauki i Szkolnictwa Wyższego (Ministry of Science and Higher Education)










27.


Ministerstwo Środowiska (Ministry of Environment)










28.


Ministerstwo Spraw Wewnętrznych (Ministry of Internal Affairs)










29.


Ministrestwo Administracji i Cyfryzacji (Ministry of Administration and Digitisation)










30.


Ministerstwo Spraw Zagranicznych (Ministry of Foreign Affairs)










31.


Ministerstwo Zdrowia (Ministry of Health)










32.


Ministerstwo Sportu i Turystyki (Ministry of Sport and Tourism)










33.


Urząd Patentowy Rzeczypospolitej Polskiej (Patent Office of the Republic of Poland)










34.


Urząd Regulacji Energetyki (The Energy Regulatory Authority of Poland)










35.


Urząd do Spraw Kombatantów i Osób Represjonowanych (Office for Military Veterans and Victims of Repression)










36.


Urząd Transportu Kolejowego (Office for Railroad Transport)










37.


Urząd Dozoru Technicznego (Office of Technical Inspection)










38.


Urząd Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych (The Office for Registration of Medicinal Products, Medical Devices and Biocidal Products)










39.


Urząd do Spraw Cudzoziemców (Office for Foreigners)










40.


Urząd Zamówień Publicznych (Public Procurement Office)










41.


Urząd Ochrony Konkurencji i Konsumentów (Office for Competition and Consumer Protection)










42.


Urząd Lotnictwa Cywilnego (Civil Aviation Office)










43.


Urząd Komunikacji Elektronicznej (Office of Electronic Communication)










44.


Wyższy Urząd Górniczy (State Mining Authority)










45.


Główny Urząd Miar (Main Office of Measures)










46.


Główny Urząd Geodezji i Kartografii (The Main Office of Geodesy and Cartography)










47.


Główny Urząd Nadzoru Budowlanego (The General Office of Building Control)










48.


Główny Urząd Statystyczny (Main Statistical Office)










49.


Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council)










50.


Generalny Inspektor Ochrony Danych Osobowych (Inspector General for the Protection of Personal Data)










51.


Państwowa Komisja Wyborcza (State Election Commission)










52.


Państwowa Inspekcja Pracy (National Labour Inspectorate)










53.


Rządowe Centrum Legislacji (Government Legislation Centre)










54.


Narodowy Fundusz Zdrowia (National Health Fund)










55.


Polska Akademia Nauk (Polish Academy of Science)










56.


Polskie Centrum Akredytacji (Polish Accreditation Centre)










57.


Polskie Centrum Badań i Certyfikacji (Polish Centre for Testing and Certification)










58.


Polska Organizacja Turystyczna (Polish National Tourist Office)










59.


Polski Komitet Normalizacyjny (Polish Committee for Standardisation)










60.


Zakład Ubezpieczeń Społecznych (Social Insurance Institution)










61.


Komisja Nadzoru Finansowego (Polish Financial Supervision Authority)










62.


Naczelna Dyrekcja Archiwów Państwowych (Head Office of State Archives)










63.


Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund)










64.


Generalna Dyrekcja Dróg Krajowych i Autostrad (The General Directorate of National Roads and Motorways)










65.


Główny Inspektorat Ochrony Roślin i Nasiennictwa (The Main Inspectorate for the Inspection of Plant and Seeds Protection)










66.


Komenda Główna Państwowej Straży Pożarnej (The National Headquarters of the State Fire-Service)










67.


Komenda Główna Policji (Polish National Police)










68.


Komenda Główna Straży Granicxnej (The Chief Boarder Guards Command)










69.


Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych (The Main Inspectorate of Commercial Quality of Agri-Food Products)










70.


Główny Inspektorat Ochrony Środowiska (The Main Inspectorate for Environment Protection)










71.


Główny Inspektorat Transportu Drogowego (Main Inspectorate of Road Transport)










72.


Główny Inspektorat Farmaceutyczny (Main Pharmaceutical Inspectorate)










73.


Główny Inspektorat Sanitarny (Main Sanitary Inspectorate)










74.


Główny Inspektorat Weterynarii (The Main Veterinary Inspectorate)










75.


Agencja Bezpieczeństwa Wewnętrznego (Internal Security Agency)










76.


Agencja Wywiadu (Foreign Intelligence Agency)










77.


Agencja Mienia Wojskowego (Agency for Military Property)










78.


Wojskowa Agencja Mieszkaniowa (Military Real Estate Agency)










79.


Agencja Restrukturyzacji i Modernizacji Rolnictwa (Agency for Restructuring and Modernisation of Agriculture)










80.


Agencja Rynku Rolnego (Agriculture Market Agency)










81.


Agencja Nieruchomości Rolnych (Agricultural Property Agency)










82.


Państwowa Agencja Atomistyki (National Atomic Energy Agency)










83.


Polska Agencja Żeglugi Powietrznej (Polish Air Navigation Services Agency)










84.


Polska Agencja Rozwiązywania Problemów Alkoholowych (State Agency for Prevention of Alcohol Related Problems)










85.


Agencja Rezerw Materiałowych (The Material Reserves Agency)










86.


Narodowy Bank Polski (National Bank of Poland)










87.


Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej (The National Fund for Environmental Protection and Water Management)










88.


Państwowy Fundusz Rehabilitacji Osób Niepełnosprawnych (National Disabled Persons Rehabilitation Fund)










89.


Instytut Pamięci Narodowej - Komisja Ścigania Zbrodni Przeciwko Narodowi Polskiemu (National Remembrance Institute - Commission for Prosecution of Crimes Against the Polish Nation)










90.


Rada Ochrony Pamięci Walk i Męczeństwa (The Committee of Protection of Memory of Combat and Martyrdom)










91.


Służba Celna Rzeczypospolitej Polskiej (Customs Service of the Republic of Poland)










92.


Państwowe Gospodarstwo Leśne ‘Lasy Państwowe’ (State Forest Enterprise ‘Lasy Państwowe’)










93.


Polska Agencja Rozwoju Przedsiębiorczości (Polish Agency for Enterprise Development)










94.


Samodzielne Publiczne Zakłady Opieki Zdrowotnej, jeśli ich organem założycielskim jest minister, centralny organ administracji rządowej lub wojewoda (Public Autonomous Health Care Management Units established by minister, central government unit or voivoda).




PORTUGAL






1.


Presidência do Conselho de Ministros (Presidency of the Council of Ministers)










2.


Ministério das Finanças (Ministry of Finance)










3.


Ministério da Defesa Nacional (Ministry of Defence)










4.


Ministério dos Negócios Estrangeiros e das Comunidades Portuguesas (Ministry of Foreign Affairs and Portuguese Communities)










5.


Ministério da Administração Interna (Ministry of Internal Affairs)










6.


Ministério da Justiça (Ministry of Justice)










7.


Ministério da Economia (Ministry of Economy)










8.


Ministério da Agricultura, Desenvolvimento Rural e Pescas (Ministry of Agriculture, Rural Development and Fishing)










9.


Ministério da Educação (Ministry of Education)










10.


Ministério da Ciência e do Ensino Superior (Ministry of Science and University Education)










11.


Ministério da Cultura (Ministry of Culture)










12.


Ministério da Saúde (Ministry of Health)










13.


Ministério do Trabalho e da Solidariedade Social (Ministry of Labour and Social Solidarity)










14.


Ministério das Obras Públicas, Transportes e Habitação (Ministry of Public Works, Transports and Housing)










15.


Ministério das Cidades, Ordenamento do Território e Ambiente (Ministry of Cities, Land Management and Environment)










16.


Ministério para a Qualificação e o Emprego (Ministry for Qualification and Employment)










17.


Presidença da Republica (Presidency of the Republic)










18.


Tribunal Constitucional (Constitutional Court)










19.


Tribunal de Contas (Court of Auditors)










20.


Provedoria de Justiça (Ombudsman)




ROMANIA
Administraţia Prezidenţială (Presidential Administration)
Senatul României (Romanian Senate)
Camera Deputaţilor (Chamber of Deputies)
Inalta Curte de Casaţie şi Justiţie (Supreme Court)
Curtea Constituţională (Constitutional Court)
Consiliul Legislativ (Legislative Council)
Curtea de Conturi (Court of Accounts)
Consiliul Superior al Magistraturii (Superior Council of Magistracy)
Parchetul de pe lângă Inalta Curte de Casaţie şi Justiţie (Prosecutor's Office Attached to the Supreme Court)
Secretariatul General al Guvernului (General Secretariat of the Government)
Cancelaria primului ministru (Chancellery of the Prime Minister)
Ministerul Afacerilor Externe (Ministry of Foreign Affairs)
Ministerul Economiei şi Finanţelor (Ministry of Economy and Finance)
Ministerul Justiţiei (Ministry of Justice)
Ministerul Apărării (Ministry of Defense)
Ministerul Internelor şi Reformei Administrative (Ministry of Interior and Administration Reform)
Ministerul Muncii, Familiei şi Egalităţii de Sanse (Ministry of Labor and Equal Opportunities)
Ministerul pentru Intreprinderi Mici şi Mijlocii, Comerţ, Turism şi Profesii Liberale (Ministry for Small and Medium Sized Enterprises, Trade, Tourism and Liberal Professions)
Ministerul Agriculturii şi Dezvoltării Rurale (Ministry of Agricultural and Rural Development)
Ministerul Transporturilor (Ministry of Transport)
Ministerul Dezvoltării, Lucrărilor Publice şi Locuinţei (Ministry of Development, Public, Works and Housing)
Ministerul Educaţiei Cercetării şi Tineretului (Ministry of Education, Research and Youth)
Ministerul Sănătăţii Publice (Ministry of Public Health)
Ministerul Culturii şi Cultelor (Ministry of Culture and Religious Affairs)
Ministerul Comunicaţiilor şi Tehnologiei Informaţiei (Ministry of Communications and Information Technology)
Ministerul Mediului şi Dezvoltării Durabile (Ministry of Environment and Sustainable Development)
Serviciul Român de Informaţii (Romanian Intelligence Service)
Serviciul Român de Informaţii Externe (Romanian Foreign Intelligence Service)
Serviciul de Protecţie şi Pază (Protection and Guard Service)
Serviciul de Telecomunicaţii Speciale (Special Telecommunication Service)
Consiliul Naţional al Audiovizualului (The National Audiovisual Council)
Consiliul Concurenţei (CC) (Competition Council)
Direcţia Naţională Anticorupţie (National Anti-corruption Department)
Inspectoratul General de Poliţie (General Inspectorate of Police)
Autoritatea Naţională pentru Reglementarea şi Monitorizarea Achiziţiilor Publice (National Authority for Regulation and Monitoring Public Procurement)
Consiliul Naţional de Soluţionare a Contestaţiilor (National Council for Solving the Contests)
Autoritatea Naţională de Reglementare pentru Serviciile Comunitare de Utilităţi Publice (ANRSC) (National Authority for Regulating Community Services Public Utilities)
Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor (Sanitary Veterinary and Food Safety National Authority)
Autoritatea Naţională pentru Protecţia Consumatorilor (National Authority for Consumer Protection)
Autoritatea Navală Română (Romanian Naval Authority)
Autoritatea Feroviară Română (Romanian Railway Authority)
Autoritatea Rutieră Română (Romanian Road Authority)
Autoritatea Naţională pentru Protecţia Drepturilor Copilului-şi Adopţie (National Authority for the Protection of Child Rights and Adoption)
Autoritatea Naţională pentru Persoanele cu Handicap (National Authority for Disabled Persons)
Autoritatea Naţională pentru Tineret (National Authority for Youth)
Autoritatea Naţională pentru Cercetare Stiinţifica (National Authority for Scientific Research)
Autoritatea Naţională pentru Comunicaţii (National Authority for Communications)
Autoritatea Naţională pentru Serviciile Societăţii Informaţionale (National Authority for Informational Society Services)
Autoritatea Electorală Permanente (Permanent Electoral Authority)
Agenţia pentru Strategii Guvernamentale (Agency for Governmental Strategies)
Agenţia Naţională a Medicamentului (National Medicines Agency)
Agenţia Naţională pentru Sport (National Agency for Sports)
Agenţia Naţională pentru Ocuparea Forţei de Muncă (National Agency for Employment)
Agenţia Naţională de Reglementare în Domeniul Energiei (National Authority for Electrical Energy Regulation)
Agenţia Română pentru Conservarea Energiei (Romanian Agency for Power Conservation)
Agenţia Naţională pentru Resurse Minerale (National Agency for Mineral Resources)
Agenţia Română pentru Investiţii Străine (Romanian Agency for Foreign Investment)
Agenţia Naţională a Funcţionarilor Publici (National Agency of Public Civil Servants)
Agenţia Naţională de Administrare Fiscală (National Agency of Fiscal Administration)
Agenţia de Compensare pentru Achiziţii de Tehnică Specială (Agency For Offsetting Special Technique Procurements)
Agenţia Naţională Anti-doping (National Anti-Doping Agency)
Agenţia Nucleară (Nuclear Agency)
Agenţia Naţională pentru Protecţia Familiei (National Agency for Family Protection)
Agenţia Naţională pentru Egalitatea de Sanse între Bărbaţi şi Femei (National Authority for Equality of Chances between Men and Women)
Agenţia Naţională pentru Protecţia Mediului (National Agency for Environmental Protection)
Agenţia naţională Antidrog (National Anti-drugs Agency)
SLOVENIA






1.


Predsednik Republike Slovenije (President of the Republic of Slovenia)










2.


Državni zbor (The National Assembly)










3.


Državni svet (The National Council)










4.


Varuh človekovih pravic (The Ombudsman)










5.


Ustavno sodišče (The Constitutional Court)










6.


Računsko sodišče (The Court of Audits)










7.


Državna revizijska komisja (The National Review Commission)










8.


Slovenska akademija znanosti in umetnosti (The Slovenian Academy of Science and Art)










9.


Vladne službe (The Government Services)










10.


Ministrstvo za finance (Ministry of Finance)










11.


Ministrstvo za notranje zadeve (Ministry of Internal Affairs)










12.


Ministrstvo za zunanje zadeve (Ministry of Foreign Affairs)










13.


Ministrstvo za obrambo (Ministry of Defence)










14.


Ministrstvo za pravosodje (Ministry of Justice)










15.


Ministrstvo za gospodarstvo (Ministry of the Economy)










16.


Ministrstvo za kmetijstvo, gozdarstvo in prehrano (Ministry of Agriculture, Forestry and Food)










17.


Ministrstvo za promet (Ministry of Transport)










18.


Ministrstvo za okolje, prostor in energijo (Ministry of Environment, Spatial Planning and Energy)










19.


Ministrstvo za delo, družino in socialne zadeve (Ministry of Labour, Family and Social Affairs)










20.


Ministrstvo za zdravje (Ministry of Health)










21.


Ministrstvo za visoko šolstvo, znanost in tehnogijo (Ministry of Higher Education, Science and Technology)










22.


Ministrstvo za kulturo (Ministry of Culture)










23.


Ministerstvo za javno upravo (Ministry of Public Administration)










24.


Vrhovno sodišče Republike Slovenije (The Supreme Court of the Republic of Slovenia)










25.


Višja sodišča (Higher Courts)










26.


Okrožna sodišča (District Courts)










27.


Okrajna sodišča (County Courts)










28.


Vrhovno tožilstvo Republike Slovenije (The Supreme Prosecutor of the Republic of Slovenia)










29.


Okrožna državna tožilstva (Districts' State Prosecutors)










30.


Družbeni pravobranilec Republike Slovenije (Social Attorney of the Republic of Slovenia)










31.


Državno pravobranilstvo Republike Slovenije (National Attorney of the Republic of Slovenia)










32.


Upravno sodišče Republike Slovenije (Administrative Court of the Republic of Slovenia)










33.


Senat za prekrške Republike Slovenije (Senat of Minor Offenses of the Republic of Slovenia)










34.


Višje delovno in socialno sodišče v Ljubljani (Higher Labour and Social Court)










35.


Delovna in sodišča (Labour Courts)










36.


Upravne note (Local Administrative Units)




SLOVAKIA
Ministries and other central government authorities referred to as in Act No 575/2001 Coll. on the structure of activities of the Government and central state administration authorities in wording of later amendments:
Ministerstvo hospodárstva Slovenskej republiky (Ministry of Economy of the Slovak Republic)
Ministerstvo financií Slovenskej republiky (Ministry of Finance of the Slovak Republic)
Ministerstvo dopravy, výstavby a regionálneho rozvoja Slovenskej republiky (Ministry of Transport, Construction and Regional Development of the Slovak Republic)
Ministerstvo pôdohospodárstva a rozvoja vidieka Slovenskej republiky (Ministry of Agriculture and Rural Development of the Slovak Republic)
Ministerstvo vnútra Slovenskej republiky (Ministry of Interior of the Slovak Republic)
Ministerstvo obrany Slovenskej republiky (Ministry of Defence of the Slovak Republic)
Ministerstvo spravodlivosti Slovenskej republiky (Ministry of Justice of the Slovak Republic)
Ministerstvo zahraničných vecí Slovenskej republiky (Ministry of Foreign Affairs of the Slovak Republic)
Ministerstvo práce, sociálnych vecí a rodiny Slovenskej republiky (Ministry of Labour, Social Affairs and Family of the Slovak Republic)
Ministerstvo životného prostredia Slovenskej republiky (Ministry of Environment of the Slovak Republic)
Ministerstvo školstva, vedy, výskumu a športu Slovenskej republiky (Ministry of Education, Science, Research and Sport of the Slovak Republic)
Ministerstvo kultúry Slovenskej republiky (Ministry of Culture of the Slovak Republic)
Ministerstvo zdravotníctva Slovenskej republiky (Ministry of Health Service of the Slovak Republic)
Úrad vlády Slovenskej republiky (The Government Office of the Slovak Republic)
Protimonopolný úrad Slovenskej republiky (Antimonopoly Office of the Slovak Republic)
Štatistický úrad Slovenskej republiky (Statistical Office of the Slovak Republic)
Úrad geodézie, kartografie a katastra Slovenskej republiky (The Office of Land Surveyor, Cartography and Cadastre of the Slovak Republic)
Úrad jadrového dozoru Slovenskej republiky (Nuclear Regulatory Authority of the Slovak Republic)
Úrad pre normalizáciu, metrológiu a skúšobníctvo Slovenskej republiky (Slovak Office of Standards, Metrology and Testing)
Úrad pre verejné obstarávanie (The Office for Public Procurement)
Úrad priemyselného vlastníctva Slovenskej republiky (Industrial Property Office of the Slovak Republic)
Správa štátnych hmotných rezerv Slovenskej republiky (The Administration of State Material Reserves of the Slovak Republic)
Národný bezpečnostný úrad (National Security Authority)
Kancelária Prezidenta Slovenskej republiky (The Office of the President of the Slovak Republic)
Národná rada Slovenskej republiky (National Council of the Slovak Republic)
Ústavný súd Slovenskej republiky (Constitutional Court of the Slovak Republic)
Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic)
Generálna prokuratúra Slovenskej republiky (Public Prosecution of the Slovak Republic)
Najvyšší kontrolný úrad Slovenskej republiky (Supreme Audit Office of the Slovak Republic)
Telekomunikačný úrad Slovenskej republiky (Telecommunications Office of the Slovak Republic)
Poštový úrad (Postal Regulatory Office)
Úrad na ochranu osobných údajov (Office for Personal Data Protection)
Kancelária verejného ochrancu práv (Ombudsman's Office)
Úrad pre finančný trh (Office for the Finance Market)
FINLAND
OIKEUSKANSLERINVIRASTO – JUSTITIEKANSLERSÄMBETET (OFFICE OF THE CHANCELLOR OF JUSTICE)
LIIKENNE- JA VIESTINTÄMINISTERIÖ – KOMMUNIKATIONSMINISTERIET
(MINISTRY OF TRANSPORT AND COMMUNICATIONS)
Viestintävirasto – Kommunikationsverket (Finnish Communications Regulatory Authority)
Ajoneuvohallintokeskus AKE – Fordonsförvaltningscentralen AKE (Finnish Vehicle Administration)**
Ilmailuhallinto – Luftfartsförvaltningen (Finnish Civil Aviation Authority)
Ilmatieteen laitos – Meteorologiska institutet (Finnish Meterological Institute)
Merenkulkulaitos – Sjöfartsverket (The Finnish Maritime Administration)
Merentutkimuslaitos – Havsforskningsinstitutet (Finnish Institute of Marine Research)
Ratahallintokeskus RHK – Banförvaltningscentralen RHK (Rail Administration)
Rautatievirasto – Järnvägsverket (Finnish Railway Agency)
Tiehallinto – Vägförvaltningen (Road Administration)
MAA- JA METSÄTALOUSMINISTERIÖ – JORD- OCH SKOGSBRUKSMINISTERIET
(MINISTRY OF AGRICULTURE AND FORESTRY)
Elintarviketurvallisuusvirasto – Livsmedelssäkerhetsverket (Finnish Food Safety Authority)
Maanmittauslaitos – Lantmäteriverket (National Land Survey of Finland)
Maaseutuvirasto – Landsbygdsverket (The Countryside Agency)
OIKEUSMINISTERIÖ – JUSTITIEMINISTERIET (MINISTRY OF JUSTICE)
Tietosuojavaltuutetun toimisto – Dataombudsmannens byrå (Office of the Data Protection Ombudsman)
Tuomioistuimet – domstolar (Courts of Law)
Korkein oikeus – Högsta domstolen (Supreme Court)
Korkein hallinto-oikeus – Högsta förvaltningsdomstolen (Supreme Administrative Court)
Hovioikeudet – hovrätter (Courts of Appeal)
Käräjäoikeudet – tingsrätter (District Courts)
Hallinto-oikeudet – förvaltningsdomstolar (Administrative Courts)
Markkinaoikeus – Marknadsdomstolen (Market Court)
Työtuomioistuin – Arbetsdomstolen (Labour Court)
Vakuutusoikeus – Försäkringsdomstolen (Insurance Court)
Kuluttajariitalautakunta – Konsumenttvistenämnden (Consumer Complaint Board)
Vankeinhoitolaitos – Fångvårdsväsendet (Prison Service)
HEUNI – Yhdistyneiden Kansakuntien yhteydessä toimiva Euroopan kriminaalipolitiikan instituutti – HEUNI – Europeiska institutet för kriminalpolitik, verksamt i anslutning till Förenta Nationerna (the European Institute for Crime Prevention and Control)
Konkurssiasiamiehen toimisto – Konkursombudsmannens byrå (Office of Bankruptcy Ombudsman)**
Oikeushallinnon palvelukeskus – Justitieförvaltningens servicecentral (Legal Management Service)**
Oikeushallinnon tietotekniikkakeskus – Justitieförvaltningens datateknikcentral (Legal Administrative Computing Center)
Oikeuspoliittinen tutkimuslaitos (Optula) – Rättspolitiska forskningsinstitutet (Legal Policy Institute)
Oikeusrekisterikeskus – Rättsregistercentralen (Legal Register Centre)
Onnettomuustutkintakeskus – Centralen för undersökning av olyckor (Accident Investigation Board)
Rikosseuraamusvirasto – Brottspåföljdsverket (Criminal sanctions Agency)
Rikosseuraamusalan koulutuskeskus – Brottspåföljdsområdets utbildningscentral (Training Institute for Prison and Probation Services)
Rikoksentorjuntaneuvosto Rådet för brottsförebyggande (National Council for Crime Prevention)
Saamelaiskäräjät – Sametinget (The Saami Parliament)
Valtakunnansyyttäjänvirasto – Riksåklagarämbetet (the Office of the Prosecutor General)
OPETUSMINISTERIÖ – UNDERVISNINGSMINISTERIET (MINISTRY OF EDUCATION)
Opetushallitus – Utbildningsstyrelsen (National Board of Education)
Valtion elokuvatarkastamo – Statens filmgranskningsbyrå (Finnish Board of Film Classification)
PUOLUSTUSMINISTERIÖ – FÖRSVARSMINISTERIET (MINISTRY OF DEFENCE)
Puolustusvoimat – Försvarsmakten (Finnish Defence Forces)
SISÄASIAINMINISTERIÖ – INRIKESMINISTERIET (MINISTRY OF THE INTERIOR)
Keskusrikospoliisi – Centralkriminalpolisen (Central Criminal Police)
Liikkuva poliisi – Rörliga polisen (National Traffic Police)
Rajavartiolaitos – Gränsbevakningsväsendet (Frontier Guard)
Suojelupoliisi – Skyddspolisen (Police protection)
Poliisiammattikorkeakoulu – Polisyrkeshögskolan (Police College)
Poliisin tekniikkakeskus – Polisens teknikcentral (Police Technical Centre)
Pelastusopisto – Räddningsverket (Emergency Services)
Hätäkeskuslaitos – Nödcentralsverket (Emergency Response Centre)
Maahanmuuttovirasto – Migrationsverket (Immigration Authority)
Sisäasiainhallinnon palvelukeskus – Inrikesförvaltningens servicecentral (Interior Management Service)
Helsingin kihlakunnan poliisilaitos – Polisinrättningen i Helsingfors (Helsinki Police Department)
Valtion turvapaikanhakijoiden vastaanottokeskukset – Statliga förläggningar för asylsökande (Reception centres for Asylum Seekers)
SOSIAALI- JA TERVEYSMINISTERIÖ – SOCIAL- OCH HÄLSOVÅRDSMINISTERIET (MINISTRY OF SOCIAL AFFAIRS AND HEALTH)
Työttömyysturvalautakunta – Besvärsnämnden för utkomstskyddsärenden (Unemployment Appeal Board)
Sosiaaliturvan muutoksenhakulautakunta – Besvärsnämnden för socialtrygghet (Appeal Tribunal)
Lääkelaitos – Läkemedelsverket (National Agency for Medicines)
Terveydenhuollon oikeusturvakeskus – Rättsskyddscentralen för hälsovården (National Authority for Medicolegal Affairs)
Säteilyturvakeskus – Strålsäkerhetscentralen (Finnish Centre for Radiation and Nuclear Safety)
Kansanterveyslaitos – Folkhälsoinstitutet (National Public Health Institute)
Lääkehoidon kehittämiskeskus ROHTO – Utvecklingscentralen för läkemedelsbehandling (Centre for Pharmacotherapy Development ROHTO)
Sosiaali- ja terveydenhuollon tuotevalvontakeskus – Social- och hälsovårdens produkttill-synscentral (the National Product Control Agency's SSTV)
Sosiaali- ja terveysalan tutkimus- ja kehittämiskeskus Stakes – Forsknings- och utvecklingscentralen för social- och hälsovården Stakes (Health and Social Care Research and Development Center STAKES)
TYÖ- JA ELINKEINOMINISTERIÖ – ARBETS- OCH NÄRINGSMINISTERIET
(MINISTRY OF EMPLOYMENT AND THE ECONOMY)
Kuluttajavirasto – Konsumentverket (Finnish Consumer Agency)
Kilpailuvirasto – Konkurrensverket (Finnish Competition Authority)
Patentti- ja rekisterihallitus – Patent- och registerstyrelsen (National Board of Patents and Registration)
Valtakunnansovittelijain toimisto – Riksförlikningsmännens byrå (National Conciliators' Office)
Työneuvosto – Arbetsrådet (Labour Council)
Energiamarkkinavirasto – Energimarknadsverket (Energy Market Authority)
Geologian tutkimuskeskus – Geologiska forskningscentralen (Geological Survey of Finland)
Huoltovarmuuskeskus – Försörjningsberedskapscentralen (The National Emergency Supply Agency)
Kuluttajatutkimuskeskus – Konsumentforskningscentralen (National Consumer Research Center)
Matkailun edistämiskeskus (MEK) – Centralen för turistfrämjande (Finnish Tourist Board)
Mittatekniikan keskus (MIKES) – Mätteknikcentralen (Centre for Metrology and Accrediattion)
Tekes - teknologian ja innovaatioiden kehittämiskeskus –Tekes - utvecklingscentralen för teknologi och innovationer (Finnish Funding Agency for Technology and Innovation)
Turvatekniikan keskus (TUKES) – Säkerhetsteknikcentralen (Safety Technology Authority)
Valtion teknillinen tutkimuskeskus (VTT) – Statens tekniska forskningscentral (VTT Technical Research Centre of Finland)
Syrjintälautakunta – Nationella diskrimineringsnämnden (Discrimination Tribunal)
Vähemmistövaltuutetun toimisto – Minoritetsombudsmannens byrå (Office of the Ombudsman for Minorities)
ULKOASIAINMINISTERIÖ – UTRIKESMINISTERIET (MINISTRY FOR FOREIGN AFFAIRS)
VALTIONEUVOSTON KANSLIA – STATSRÅDETS KANSLI (PRIME MINISTER'S OFFICE)
VALTIOVARAINMINISTERIÖ – FINANSMINISTERIET (MINISTRY OF FINANCE)
Valtiokonttori – Statskontoret (State Treasury)
Verohallinto – Skatteförvaltningen (Tax Administration)
Tullilaitos – Tullverket (Customs)
Tilastokeskus – Statistikcentralen (Statistics Finland)
Valtiontaloudellinen tutkimuskeskus – Statens ekonomiska forskningscentral (Government Institute for Economic Research)
Väestörekisterikeskus – Befolkningsregistercentralen (Population Register Centre)
YMPÄRISTÖMINISTERIÖ – MILJÖMINISTERIET (MINISTRY OF ENVIRONMENT)
Suomen ympäristökeskus – Finlands miljöcentral (Finnish Environment Institute)
Asumisen rahoitus- ja kehityskeskus – Finansierings- och utvecklingscentralen för boendet (The Housing Finance and Development Centre of Finland)
VALTIONTALOUDEN TARKASTUSVIRASTO – STATENS REVISIONSVERK (NATIONAL AUDIT OFFICE)
SWEDEN






Royal Academy of Fine Arts


Akademien för de fria konsterna




National Board for Consumer Complaints


Allmänna reklamationsnämnden




Labour Court


Arbetsdomstolen




Swedish Employment Services


Arbetsförmedlingen




National Agency for Government Employers


Arbetsgivarverk, statens




National Institute for Working Life


Arbetslivsinstitutet




Swedish Work Environment Authority


Arbetsmiljöverket




Swedish Inheritance Fund Commission


Arvsfondsdelegationen




Museum of Architecture


Arkitekturmuseet




National Archive of Recorded Sound and Moving Images


Ljud och bildarkiv, statens




The Office of the Childrens' Ombudsman


Barnombudsmannen




Swedish Council on Technology Assessment in Health Care


Beredning för utvärdering av medicinsk metodik, statens




Royal Library


Kungliga biblioteket




National Board of Film Censors


Biografbyrå, statens




Dictionary of Swedish Biography


Biografiskt lexikon, svenskt




Swedish Accounting Standards Board


Bokföringsnämnden




Swedish Companies Registration Office


Bolagsverket




National Housing Credit Guarantee Board


Bostadskreditnämnd, statens (BKN)




National Housing Board


Boverket




National Council for Crime Prevention


Brottsförebyggande rådet




Criminal Victim Compensation and Support Authority


Brottsoffermyndigheten




National Board of Student Aid


Centrala studiestödsnämnden




Data Inspection Board


Datainspektionen




Ministries (Government Departments)


Departementen




National Courts Administration


Domstolsverket




National Electrical Safety Board


Elsäkerhetsverket




Swedish Energy Markets Inspectorate


Energimarknadsinspektionen




Export Credits Guarantee Board


Exportkreditnämnden




Swedish Fiscal Policy Council


Finanspolitiska rådet




Financial Supervisory Authority


Finansinspektionen




National Board of Fisheries


Fiskeriverket




National Institute of Public Health


Folkhälsoinstitut, statens




Swedish Research Council for Environment


Forskningsrådet för miljö, areella näringar och samhällsbyggande, Formas




National Fortifications Administration


Fortifikationsverket




National Mediation Office


Medlingsinstitutet




Defence Material Administration


Försvarets materielverk




National Defence Radio Institute


Försvarets radioanstalt




Swedish Museums of Military History


Försvarshistoriska museer, statens




National Defence College


Försvarshögskolan




The Swedish Armed Forces


Försvarsmakten




Social Insurance Office


Försäkringskassan




Geological Survey of Sweden


Geologiska undersökning, Sveriges




Geotechnical Institute


Geotekniska institut, statens




The National Rural Development Agency


Glesbygdsverket




Graphic Institute and the Graduate School of Communications


Grafiska institutet och institutet för högre kommunikations- och reklamutbildning




The Swedish Broadcasting Commission


Granskningsnämnden för radio och TV




Swedish Government Seamen's Service


Handelsflottans kultur- och fritidsråd




Ombudsman for the Disabled


Handikappombudsmannen




Board of Accident Investigation


Haverikommission, statens




Courts of Appeal (6)


Hovrätterna (6)




Regional Rent and Tenancies Tribunals (12)


Hyres- och arendenämnder (12)




Committee on Medical Responsibility


Hälso- och sjukvårdens ansvarsnämnd




National Agency for Higher Education


Högskoleverket




Supreme Court


Högsta domstolen




National Institute for Psycho-Social Factors and Health


Institut för psykosocial miljömedicin, statens




National Institute for Regional Studies


Institut för tillväxtpolitiska studier




Swedish Institute of Space Physics


Institutet för rymdfysik




International Programme Office for Education and Training


Internationella programkontoret för utbildningsområdet




Swedish Migration Board


Migrationsverket




Swedish Board of Agriculture


Jordbruksverk, statens




Office of the Chancellor of Justice


Justitiekanslern




Office of the Equal Opportunities Ombudsman


Jämställdhetsombudsmannen




National Judicial Board of Public Lands and Funds


Kammarkollegiet




Administrative Courts of Appeal (4)


Kammarrätterna (4)




National Chemicals Inspectorate


Kemikalieinspektionen




National Board of Trade


Kommerskollegium




Swedish Agency for Innovation Systems


Verket för innovationssystem (VINNOVA)




National Institute of Economic Research


Konjunkturinstitutet




Swedish Competition Authority


Konkurrensverket




College of Arts, Crafts and Design


Konstfack




College of Fine Arts


Konsthögskolan




National Museum of Fine Arts


Nationalmuseum




Arts Grants Committee


Konstnärsnämnden




National Art Council


Konstråd, statens




National Board for Consumer Policies


Konsumentverket




National Laboratory of Forensic Science


Kriminaltekniska laboratorium, statens




Prison and Probation Service


Kriminalvården




National Paroles Board


Kriminalvårdsnämnden




Swedish Enforcement Authority


Kronofogdemyndigheten




National Council for Cultural Affairs


Kulturråd, statens




Swedish Coast Guard


Kustbevakningen




National Land Survey


Lantmäteriverket




Royal Armoury


Livrustkammaren/Skoklosters slott/Hallwylska museet




National Food Administration


Livsmedelsverk, statens




The National Gaming Board


Lotteriinspektionen




Medical Products Agency


Läkemedelsverket




County Administrative Courts (24)


Länsrätterna (24)




County Administrative Boards (24)


Länsstyrelserna (24)




Market Court


Marknadsdomstolen




Swedish Meteorological and Hydrological Institute


Meteorologiska och hydrologiska institut, Sveriges




Modern Museum


Moderna museet




Swedish National Collections of Music


Musiksamlingar, statens




Swedish Agency for Disability Policy Coordination


Myndigheten för handikappolitisk samordning




Swedish Agency for Networks and Cooperation in Higher Education


Myndigheten för nätverk och samarbete inom högre utbildning




Commission for state grants to religious communities


Nämnden för statligt stöd till trossamfun




Museum of Natural History


Naturhistoriska riksmuseet




National Environmental Protection Agency


Naturvårdsverket




Scandinavian Institute of African Studies


Nordiska Afrikainstitutet




Nordic School of Public Health


Nordiska högskolan för folkhälsovetenskap




Recorders Committee


Notarienämnden




Swedish National Board for Intra Country Adoptions


Myndigheten för internationella adoptionsfrågor




Swedish Agency for Economic and Regional Growth


Verket för näringslivsutveckling (NUTEK)




Office of the Ethnic Discrimination Ombudsman


Ombudsmannen mot etnisk diskriminering




Court of Patent Appeals


Patentbesvärsrätten




Patents and Registration Office


Patent- och registreringsverket




Swedish Population Address Register Board


Personadressregisternämnd statens, SPAR-nämnden




Swedish Polar Research Secretariat


Polarforskningssekretariatet




Press Subsidies Council


Presstödsnämnden




The Council of the European Social Fund in Sweden


Rådet för Europeiska socialfonden i Sverige




The Swedish Radio and TV Authority


Radio- och TV-verket




Government Offices


Regeringskansliet




Supreme Administrative Court


Regeringsrätten




Central Board of National Antiquities


Riksantikvarieämbetet




National Archives


Riksarkivet




Bank of Sweden


Riksbanken




Parliamentary Administrative Office


Riksdagsförvaltningen




The Parliamentary Ombudsmen


Riksdagens ombudsmän, JO




The Parliamentary Auditors


Riksdagens revisorer




National Debt Office


Riksgäldskontoret




National Police Board


Rikspolisstyrelsen




National Audit Bureau


Riksrevisionen




Travelling Exhibitions Service


Riksutställningar, Stiftelsen




National Space Board


Rymdstyrelsen




Swedish Council for Working Life and Social Research


Forskningsrådet för arbetsliv och socialvetenskap




National Rescue Services Board


Räddningsverk, statens




Regional Legal-aid Authority


Rättshjälpsmyndigheten




National Board of Forensic Medicine


Rättsmedicinalverket




Sami (Lapp) School Board


Sameskolstyrelsen




Sami (Lapp) Schools


Sameskolor




National Maritime Administration


Sjöfartsverket




National Maritime Museums


Maritima museer, statens




Swedish Commission on Security and Integrity Protection


Säkerhets- och intregritetsskyddsnämnden




Swedish Tax Agency


Skatteverket




National Board of Forestry


Skogsstyrelsen




National Agency for Education


Skolverk, statens




Swedish Institute for Infectious Disease Control


Smittskyddsinstitutet




National Board of Health and Welfare


Socialstyrelsen




National Inspectorate of Explosives and Flammables


Sprängämnesinspektionen




National Government Employee and Pensions Board


Statens pensionsverk




Statistics Sweden


Statistiska centralbyrån




Agency for Administrative Development


Statskontoret




Swedish Radiation Safety Authority


Strålsäkerhetsmyndigheten




Swedish International Development Cooperation Authority


Styrelsen för internationellt utvecklings- samarbete, SIDA




National Board of Psychological Defence and Conformity Assessment


Styrelsen för psykologiskt försvar




Swedish Board for Accreditation


Styrelsen för ackreditering och teknisk kontroll




Swedish Institute


Svenska Institutet, stiftelsen




Library of Talking Books and Braille Publications


Talboks- och punktskriftsbiblioteket




District and City Courts (97)


Tingsrätterna (97)




Judges Nomination Proposal Committee


Tjänsteförslagsnämnden för domstolsväsendet




Armed Forces' Enrolment Board


Totalförsvarets pliktverk




Swedish Defence Research Agency


Totalförsvarets forskningsinstitut




Swedish Board of Customs


Tullverket




Swedish Tourist Authority


Turistdelegationen




The National Board of Youth Affairs


Ungdomsstyrelsen




Universities and University Colleges


Universitet och högskolor




Aliens Appeals Board


Utlänningsnämnden




National Seed Testing and Certification Institute


Utsädeskontroll, statens




Swedish National Road Administration


Vägverket




National Water Supply and Sewage Tribunal


Vatten- och avloppsnämnd, statens




National Agency for Higher Education


Verket för högskoleservice (VHS)




Swedish Agency for Economic and Regional Development


Verket för näringslivsutveckling (NUTEK)




Swedish Research Council


Vetenskapsrådet'




National Veterinary Institute


Veterinärmedicinska anstalt, statens




Swedish National Road and Transport Research Institute


Väg- och transportforskningsinstitut, statens




National Plant Variety Board


Växtsortnämnd, statens




Swedish Prosecution Authority


Åklagarmyndigheten




Swedish Emergency Management Agency


Krisberedskapsmyndigheten




Board of Appeals of the Manna Mission


Överklagandenämnden för nämndemannauppdrag




UNITED KINGDOM
Cabinet Office






 


Office of the Parliamentary Counsel




Central Office of Information
Charity Commission
Crown Estate Commissioners (Vote Expenditure Only)
Crown Prosecution Service
Department for Business, Enterprise and Regulatory Reform






 


Competition Commission










 


Gas and Electricity Consumers' Council










 


Office of Manpower Economics




Department for Children, Schools and Families
Department of Communities and Local Government






 


Rent Assessment Panels




Department for Culture, Media and Sport






 


British Library










 


British Museum










 


Commission for Architecture and the Built Environment










 


The Gambling Commission










 


Historic Buildings and Monuments Commission for England (English Heritage)










 


Imperial War Museum










 


Museums, Libraries and Archives Council










 


National Gallery










 


National Maritime Museum










 


National Portrait Gallery










 


Natural History Museum










 


Science Museum










 


Tate Gallery










 


Victoria and Albert Museum










 


Wallace Collection




Department for Environment, Food and Rural Affairs






 


Agricultural Dwelling House Advisory Committees










 


Agricultural Land Tribunals










 


Agricultural Wages Board and Committees










 


Cattle Breeding Centre










 


Countryside Agency










 


Plant Variety Rights Office










 


Royal Botanic Gardens, Kew










 


Royal Commission on Environmental Pollution




Department of Health






 


Dental Practice Board










 


National Health Service Strategic Health Authorities










 


NHS Trusts










 


Prescription Pricing Authority




Department for Innovation, Universities and Skills






 


Higher Education Funding Council for England










 


National Weights and Measures Laboratory










 


Patent Office




Department for International Development
Department of the Procurator General and Treasury Solicitor






 


Legal Secretariat to the Law Officers




Department for Transport






 


Maritime and Coastguard Agency




Department for Work and Pensions






 


Disability Living Allowance Advisory Board










 


Independent Tribunal Service










 


Medical Boards and Examining Medical Officers (War Pensions)










 


Occupational Pensions Regulatory Authority










 


Regional Medical Service










 


Social Security Advisory Committee




Export Credits Guarantee Department
Foreign and Commonwealth Office






 


Wilton Park Conference Centre




Government Actuary's Department
Government Communications Headquarters
Home Office






 


HM Inspectorate of Constabulary




House of Commons
House of Lords
Ministry of Defence






 


Defence Equipment & Support










 


Meteorological Office




Ministry of Justice






 


Boundary Commission for England










 


Combined Tax Tribunal










 


Council on Tribunals










 


Court of Appeal - Criminal










 


Employment Appeals Tribunal










 


Employment Tribunals










 


HMCS Regions, Crown, County and Combined Courts (England and Wales)










 


Immigration Appellate Authorities










 


Immigration Adjudicators










 


Immigration Appeals Tribunal










 


Lands Tribunal










 


Law Commission










 


Legal Aid Fund (England and Wales)










 


Office of the Social Security Commissioners










 


Parole Board and Local Review Committees










 


Pensions Appeal Tribunals










 


Public Trust Office










 


Supreme Court Group (England and Wales)










 


Transport Tribunal




The National Archives
National Audit Office
National Savings and Investments
National School of Government
Northern Ireland Assembly Commission
Northern Ireland Court Service






 


Coroners Courts










 


County Courts










 


Court of Appeal and High Court of Justice in Northern Ireland










 


Crown Court










 


Enforcement of Judgements Office










 


Legal Aid Fund










 


Magistrates' Courts










 


Pensions Appeals Tribunals




Northern Ireland, Department for Employment and Learning
Northern Ireland, Department for Regional Development
Northern Ireland, Department for Social Development
Northern Ireland, Department of Agriculture and Rural Development
Northern Ireland, Department of Culture, Arts and Leisure
Northern Ireland, Department of Education
Northern Ireland, Department of Enterprise, Trade and Investment
Northern Ireland, Department of the Environment
Northern Ireland, Department of Finance and Personnel
Northern Ireland, Department of Health, Social Services and Public Safety
Northern Ireland, Office of the First Minister and Deputy First Minister
Northern Ireland Office






 


Crown Solicitor's Office










 


Department of the Director of Public Prosecutions for Northern Ireland










 


Forensic Science Laboratory of Northern Ireland










 


Office of the Chief Electoral Officer for Northern Ireland










 


Police Service of Northern Ireland










 


Probation Board for Northern Ireland










 


State Pathologist Service




Office of Fair Trading
Office for National Statistics






 


National Health Service Central Register




Office of the Parliamentary Commissioner for Administration and Health Service Commissioners
Paymaster General's Office
Postal Business of the Post Office
Privy Council Office
Public Record Office
HM Revenue and Customs






 


The Revenue and Customs Prosecutions Office




Royal Hospital, Chelsea
Royal Mint
Rural Payments Agency
Scotland, Auditor-General
Scotland, Crown Office and Procurator Fiscal Service
Scotland, General Register Office
Scotland, Queen's and Lord Treasurer's Remembrancer
Scotland, Registers of Scotland
The Scotland Office
The Scottish Ministers






 


Architecture and Design Scotland










 


Crofters Commission










 


Deer Commission for Scotland










 


Lands Tribunal for Scotland










 


National Galleries of Scotland










 


National Library of Scotland










 


National Museums of Scotland










 


Royal Botanic Garden, Edinburgh










 


Royal Commission on the Ancient and Historical Monuments of Scotland










 


Scottish Further and Higher Education Funding Council










 


Scottish Law Commission










 


Community Health Partnerships










 


Special Health Boards










 


Health Boards










 


The Office of the Accountant of Court










 


High Court of Justiciary










 


Court of Session










 


HM Inspectorate of Constabulary










 


Parole Board for Scotland










 


Pensions Appeal Tribunals










 


Scottish Land Court










 


Sheriff Courts










 


Scottish Police Services Authority










 


Office of the Social Security Commissioners










 


The Private Rented Housing Panel and Private Rented Housing Committees










 


Keeper of the Records of Scotland




The Scottish Parliamentary Body Corporate
HM Treasury






 


Office of Government Commerce










 


United Kingdom Debt Management Office




The Wales Office (Office of the Secretary of State for Wales)
The Welsh Ministers






 


Higher Education Funding Council for Wales










 


Local Government Boundary Commission for Wales










 


The Royal Commission on the Ancient and Historical Monuments of Wales










 


Valuation Tribunals (Wales)










 


Welsh National Health Service Trusts and Local Health Boards










 


Welsh Rent Assessment Panels




Notes to Part 2 of Annex 9-A:






1.


‘Contracting authorities of the Member States of the Union’ covers also any subordinated entity of any contracting authority of a Member State of the Union provided that subordinated entity does not have separate legal personality.










2.


As far as procurement by entities in the field of defence and security is concerned, only non-sensitive and non-warlike materials contained in the list attached to Annex 9-D are covered.






(1)  Postal activities as per act of 24 December 1993.

(2)  Acts as the central purchasing entity for all the Italian public administration.




ANNEX 9-B
SUB-CENTRAL ENTITIES WHICH PROCURE IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT
PART 1
SINGAPORE'S COMMITMENTS
Non-applicable for Singapore (Singapore does not have any Sub-central Governments).
PART 2
UNION'S COMMITMENTS






Goods (specified in Annex 9-D)


Threshold: SDR 200 000 




Services (specified in Annex 9-E)


Threshold: SDR 200 000 




Works (specified in Annex 9-F)


Threshold: SDR 5 000 000 












1.


All regional or local contracting authorities
All contracting authorities of the administrative units as defined by Regulation (EC) No 1059/2003 (1).
For the purposes of Chapter Nine (Government Procurement) and this Annex:






—



                        ‘regional contracting authorities’ shall be understood as contracting authorities of the administrative units falling under NUTS 1 and 2, as referred to by Regulation (EC) No 1059/2003; and










—



                        ‘local contracting authorities’ shall be understood as contracting authorities of the administrative units falling under NUTS 3 and smaller administrative units, as referred to by Regulation (EC) No 1059/2003.
















2.


All contracting authorities which are bodies governed by public law as defined by Union's procurement directive (2).
A ‘body governed by public law’ means any body:






—


established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;










—


having legal personality; and










—


financed, for the most part, by the State, or regional or local authorities, or other bodies governed by public law, or subject to management supervision by those bodies, or having an administrative, managerial or supervisory board; more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law.




An indicative list of contracting authorities which are bodies governed by public law is provided below.




Indicative list of contracting authorities which are bodies governed by public law as defined by Union's procurement directive
Belgium
Bodies
A






—


Agence fédérale pour l'Accueil des demandeurs d'Asile – Federaal Agentschap voor Opvang van Asielzoekers










—


Agence fédérale pour la Sécurité de la Chaîne alimentaire – Federaal Agentschap voor de Veiligheid van de Voedselketen










—


Agence fédérale de Contrôle nucléaire – Federaal Agentschap voor nucleaire Controle










—


Agence wallonne à l'Exportation










—


Agence wallonne des Télécommunications










—


Agence wallonne pour l'Intégration des Personnes handicapées










—


Aquafin










—


Arbeitsamt der Deutschsprachigen Gemeinschaft










—


Archives générales du Royaume et Archives de l'Etat dans les Provinces – Algemeen Rijksarchief en Rijksarchief in de Provinciën Astrid




B






—


Banque nationale de Belgique – Nationale Bank van België










—


Belgisches Rundfunk- und Fernsehzentrum der Deutschsprachigen Gemeinschaft










—


Berlaymont 2000










—


Bibliothèque royale Albert Ier – Koninklijke Bilbliotheek Albert I










—


Bruxelles-Propreté – Agence régionale pour la Propreté – Net–Brussel – Gewestelijke Agentschap voor Netheid










—


Bureau d'Intervention et de Restitution belge – Belgisch Interventie en Restitutiebureau










—


Bureau fédéral du Plan – Federaal Planbureau




C






—


Caisse auxiliaire de Paiement des Allocations de Chômage – Hulpkas voor Werkloosheidsuitkeringen










—


Caisse de Secours et de Prévoyance en Faveur des Marins – Hulp en Voorzorgskas voor Zeevarenden










—


Caisse de Soins de Santé de la Société Nationale des Chemins de Fer Belges – Kas der geneeskundige Verzorging van de Nationale Maatschappij der Belgische Spoorwegen










—


Caisse nationale des Calamités – Nationale Kas voor Rampenschade










—


Caisse spéciale de Compensation pour Allocations familiales en Faveur des Travailleurs occupés dans les Entreprises de Batellerie – Bijzondere Verrekenkas voor Gezinsvergoedingen ten Bate van de Arbeiders der Ondernemingen voor Binnenscheepvaart










—


Caisse spéciale de Compensation pour Allocations familiales en Faveur des Travailleurs occupés dans les Entreprises de Chargement, Déchargement et Manutention de Marchandises dans les Ports, Débarcadères, Entrepôts et Stations (appelée habituellement ‘Caisse spéciale de Compensation pour Allocations familiales des Régions maritimes’) – Bijzondere Verrekenkas voor Gezinsvergoedingen ten Bate van de Arbeiders gebezigd door Ladings- en Lossingsondernemingen en door de Stuwadoors in de Havens, Losplaatsen, Stapelplaatsen en Stations (gewoonlijk genoemd ‘Bijzondere Compensatiekas voor Kindertoeslagen van de Zeevaartgewesten’)










—


Centre d'Etude de l'Energie nucléaire – Studiecentrum voor Kernenergie










—


Centre de recherches agronomiques de Gembloux










—


Centre hospitalier de Mons










—


Centre hospitalier de Tournai










—


Centre hospitalier universitaire de Liège










—


Centre informatique pour la Région de Bruxelles-Capitale – Centrum voor Informatica voor het Brusselse Gewest










—


Centre pour l'Egalité des Chances et la Lutte contre le Racisme – Centrum voor Gelijkheid van Kansen en voor Racismebestrijding










—


Centre régional d'Aide aux Communes










—


Centrum voor Bevolkings- en Gezinsstudiën










—


Centrum voor landbouwkundig Onderzoek te Gent










—


Comité de Contrôle de l'Electricité et du Gaz – Contrôle comité voor Elekticiteit en Gas










—


Comité national de l'Energie – Nationaal Comité voor de Energie










—


Commissariat général aux Relations internationales










—


Commissariaat-Generaal voor de Bevordering van de lichamelijke Ontwikkeling, de Sport en de Openluchtrecreatie










—


Commissariat général pour les Relations internationales de la Communauté française de Belgique










—


Conseil central de l'Economie – Centrale Raad voor het Bedrijfsleven










—


Conseil économique et social de la Région wallonne










—


Conseil national du Travail – Nationale Arbeidsraad










—


Conseil supérieur de la Justice – Hoge Raad voor de Justitie










—


Conseil supérieur des Indépendants et des petites et moyennes Entreprises – Hoge Raad voor Zelfstandigen en de kleine en middelgrote Ondernemingen










—


Conseil supérieur des Classes moyennes










—


Coopération technique belge – Belgische technische Coöperatie




D






—


Dienststelle der Deutschprachigen Gemeinschaft für Personen mit einer Behinderung










—


Dienst voor de Scheepvaart










—


Dienst voor Infrastructuurwerken van het gesubsidieerd Onderwijs










—


Domus Flandria




E






—


Entreprise publique des Technologies nouvelles de l'Information et de la Communication de la Communauté française










—


Export Vlaanderen




F






—


Financieringsfonds voor Schuldafbouw en Eenmalige Investeringsuitgaven










—


Financieringsinstrument voor de Vlaamse Visserij- en Aquicultuursector










—


Fonds bijzondere Jeugdbijstand










—


Fonds communautaire de Garantie des Bâtiments scolaires










—


Fonds culturele Infrastructuur










—


Fonds de Participation










—


Fonds de Vieillissement – Zilverfonds










—


Fonds d'Aide médicale urgente – Fonds voor dringende geneeskundige Hulp










—


Fonds de Construction d'Institutions hospitalières et médico-sociales de la Communauté française










—


Fonds de Pension pour les Pensions de Retraite du Personnel statutaire de Belgacom – Pensioenfonds voor de Rustpensioenen van het statutair Personeel van Belgacom










—


Fonds des Accidents du Travail – Fonds voor Arbeidsongevallen










—


Fonds d'Indemnisation des Travailleurs licenciés en cas de Fermeture d'Entreprises










—


Fonds tot Vergoeding van de in geval van Sluiting van Ondernemingen ontslagen Werknemers










—


Fonds du Logement des Familles nombreuses de la Région de Bruxelles-Capitale – Woningfonds van de grote Gezinnen van het Brusselse hoofdstedelijk Gewest










—


Fonds du Logement des Familles nombreuses de Wallonie










—


Fonds Film in Vlaanderen










—


Fonds national de Garantie des Bâtiments scolaires – Nationaal Warborgfonds voor Schoolgebouwen










—


Fonds national de Garantie pour la Réparation des Dégâts houillers – Nationaal Waarborgfonds inzake Kolenmijnenschade










—


Fonds piscicole de Wallonie










—


Fonds pour le Financement des Prêts à des Etats étrangers – Fonds voor Financiering van de Leningen aan Vreemde Staten










—


Fonds pour la Rémunération des Mousses – Fonds voor Scheepsjongens










—


Fonds régional bruxellois de Refinancement des Trésoreries communales – Brussels gewestelijk Herfinancieringsfonds van de gemeentelijke Thesaurieën










—


Fonds voor flankerend economisch Beleid










—


Fonds wallon d'Avances pour la Réparation des Dommages provoqués par des Pompages et des Prises d'Eau souterraine




G






—


Garantiefonds der Deutschsprachigen Gemeinschaft für Schulbauten










—


Grindfonds




H






—


Herplaatsingfonds










—


Het Gemeenschapsonderwijs










—


Hulpfonds tot financieel Herstel van de Gemeenten




I






—


Institut belge de Normalisation – Belgisch Instituut voor Normalisatie










—


Institut belge des Services postaux et des Télécommunications – Belgisch Instituut voor Postdiensten en Telecommunicatie










—


Institut bruxellois francophone pour la Formation professionnelle










—


Institut bruxellois pour la Gestion de l'Environnement – Brussels Instituut voor Milieubeheer










—


Institut d'Aéronomie spatiale – Instituut voor Ruimte aëronomie










—


Institut de Formation permanente pour les Classes moyennes et les petites et moyennes Entreprises










—


Institut des Comptes nationaux – Instituut voor de nationale Rekeningen










—


Institut d'Expertise vétérinaire – Instituut voor veterinaire Keuring










—


Institut du Patrimoine wallon










—


Institut für Aus- und Weiterbildung im Mittelstand und in kleinen und mittleren Unternehmen










—


Institut géographique national – Nationaal geografisch Instituut










—


Institution pour le Développement de la Gazéification souterraine – Instelling voor de Ontwikkeling van ondergrondse Vergassing










—


Institution royale de Messine – Koninklijke Gesticht van Mesen










—


Institutions universitaires de droit public relevant de la Communauté flamande – Universitaire instellingen van publiek recht afangende van de Vlaamse Gemeenschap










—


Institutions universitaires de droit public relevant de la Communauté française – Universitaire instellingen van publiek recht afhangende van de Franse Gemeenschap










—


Institut national des Industries extractives – Nationaal Instituut voor de Extractiebedrijven










—


Institut national de Recherche sur les Conditions de Travail – Nationaal Onderzoeksinstituut voor Arbeidsomstandigheden










—


Institut national des Invalides de Guerre, anciens Combattants et Victimes de Guerre – Nationaal Instituut voor Oorlogsinvaliden, Oudstrijders en Oorlogsslachtoffers










—


Institut national des Radioéléments – Nationaal Instituut voor Radio-Elementen










—


Institut national pour la Criminalistique et la Criminologie – Nationaal Instituut voor Criminalistiek en Criminologie










—


Institut pour l'Amélioration des Conditions de Travail – Instituut voor Verbetering van de Arbeidsvoorwaarden










—


Institut royal belge des Sciences naturelles – Koninklijk Belgisch Instituut voor Natuurwetenschappen










—


Institut royal du Patrimoine culturel – Koninklijk Instituut voor het Kunstpatrimonium










—


Institut royal météorologique de Belgique – Koninklijk meteorologisch Instituut van België










—


Institut scientifique de Service public en Région wallonne










—


Institut scientifique de la Santé publique – Louis Pasteur – Wetenschappelijk Instituut Volksgezondheid - Louis Pasteur










—


Instituut voor de Aanmoediging van Innovatie door Wetenschap en Technologie in Vlaanderen










—


Instituut voor Bosbouw en Wildbeheer










—


Instituut voor het archeologisch Patrimonium










—


Investeringsdienst voor de Vlaamse autonome Hogescholen










—


Investeringsfonds voor Grond- en Woonbeleid voor Vlaams-Brabant




J






—


Jardin botanique national de Belgique – Nationale Plantentuin van België




K






—


Kind en Gezin










—


Koninklijk Museum voor schone Kunsten te Antwerpen




L






—


Loterie nationale – Nationale Loterij




M






—


Mémorial national du Fort de Breendonk – Nationaal Gedenkteken van het Fort van Breendonk










—


Musée royal de l'Afrique centrale – Koninklijk Museum voor Midden- Afrika










—


Musées royaux d'Art et d'Histoire – Koninklijke Musea voor Kunst en Geschiedenis










—


Musées royaux des Beaux-Arts de Belgique – Koninklijke Musea voor schone Kunsten van België




O






—


Observatoire royal de Belgique – Koninklijke Sterrenwacht van België










—


Office central d'Action sociale et culturelle du Ministère de la Défense – Centrale Dienst voor sociale en culturele Actie van het Ministerie van Defensie










—


Office communautaire et régional de la Formation professionnelle et de L'Emploi










—


Office de Contrôle des Assurances – Controledienst voor de Verzekeringen










—


Office de Contrôle des Mutualités et des Unions nationales de Mutualités – Controledienst voor de Ziekenfondsen en de Landsbonden van Ziekenfondsen










—


Office de la Naissance et de l'Enfance










—


Office de Promotion du Tourisme










—


Office de Sécurité sociale d'Outre-Mer – Dienst voor de overzeese sociale Zekerheid










—


Office for Foreign Investors in Wallonia










—


Office national d'Allocations familiales pour Travailleurs salariés – Rijksdienst voor Kinderbijslag voor Werknemers










—


Office national de Sécurité sociale des Administrations provinciales et locales – Rijksdienst voor sociale Zekerheid van de provinciale en plaatselijke Overheidsdiensten










—


Office national des Vacances annuelles – Rijksdienst voor jaarlijkse Vakantie










—


Office national du Ducroire – Nationale Delcrederedienst










—


Office régional bruxellois de l'Emploi – Brusselse gewestelijke Dienst voor Arbeidsbemiddeling










—


Office régional de Promotion de l'Agriculture et de l'Horticulture










—


Office régional pour le Financement des Investissements communaux










—


Office wallon de la Formation professionnelle et de l'Emploi










—


Openbaar psychiatrisch Ziekenhuis-Geel










—


Openbaar psychiatrisch Ziekenhuis-Rekem










—


Openbare Afvalstoffenmaatschappij voor het Vlaams Gewest










—


Orchestre national de Belgique – Nationaal Orkest van België










—


Organisme national des Déchets radioactifs et des Matières fissiles – Nationale Instelling voor radioactief Afval en Splijtstoffen




P






—


Palais des Beaux-Arts – Paleis voor schone Kunsten










—


Participatiemaatschappij Vlaanderen










—


Pool des Marins de la Marine marchande – Pool van de Zeelieden der Koopvaardij




R






—


Radio et Télévision belge de la Communauté française










—


Reproductiefonds voor de Vlaamse Musea




S






—


Service d'Incendie et d'Aide médicale urgente de la Région de Bruxelles-Capitale – Brusselse hoofdstedelijk Dienst voor Brandweer en dringende medische Hulp










—


Société belge d'Investissement pour les pays en développement – Belgische Investeringsmaatschappij voor Ontwinkkelingslanden










—


Société d'Assainissement et de Rénovation des Sites industriels dans l'Ouest du Brabant wallon










—


Société de Garantie régionale










—


Sociaal economische Raad voor Vlaanderen










—


Société du Logement de la Région bruxelloise et sociétés agréées –Brusselse Gewestelijke Huisvestingsmaatschappij en erkende maatschappijen










—


Société publique d'Aide à la Qualité de l'Environnement










—


Société publique d'Administration des Bâtiments scolaires bruxellois










—


Société publique d'Administration des Bâtiments scolaires du Brabant wallon










—


Société publique d'Administration des Bâtiments scolaires du Hainaut










—


Société publique d'Administration des Bâtiments scolaires de Namur










—


Société publique d'Administration des Bâtiments scolaires de Liège










—


Société publique d'Administration des Bâtiments scolaires du Luxembourg










—


Société publique de Gestion de l'Eau










—


Société wallonne du Logement et sociétés agréées










—


Sofibail










—


Sofibru










—


Sofico




T






—


Théâtre national










—


Théâtre royal de la Monnaie – De Koninklijke Muntschouwburg










—


Toerisme Vlaanderen










—


Tunnel Liefkenshoek




U






—


Universitair Ziekenhuis Gent




V






—


Vlaams Commissariaat voor de Media










—


Vlaamse Dienst voor Arbeidsbemiddeling en Beroepsopleiding










—


Vlaams Egalisatie Rente Fonds










—


Vlaamse Hogescholenraad










—


Vlaamse Huisvestingsmaatschappij en erkende maatschappijen










—


Vlaamse Instelling voor technologisch Onderzoek










—


Vlaamse interuniversitaire Raad










—


Vlaamse Landmaatschappij










—


Vlaamse Milieuholding










—


Vlaamse Milieumaatschappij










—


Vlaamse Onderwijsraad










—


Vlaamse Opera










—


Vlaamse Radio- en Televisieomroep










—


Vlaamse Reguleringsinstantie voor de Elektriciteit- en Gasmarkt










—


Vlaamse Stichting voor Verkeerskunde










—


Vlaams Fonds voor de Lastendelging










—


Vlaams Fonds voor de Letteren










—


Vlaams Fonds voor de sociale Integratie van Personen met een Handicap










—


Vlaams Informatiecentrum over Land- en Tuinbouw










—


Vlaams Infrastructuurfonds voor Persoonsgebonden Aangelegenheden










—


Vlaams Instituut voor de Bevordering van het wetenschappelijk- en technologisch Onderzoek in de Industrie










—


Vlaams Instituut voor Gezondheidspromotie










—


Vlaams Instituut voor het Zelfstandig ondernemen










—


Vlaams Landbouwinvesteringsfonds










—


Vlaams Promotiecentrum voor Agro- en Visserijmarketing










—


Vlaams Zorgfonds










—


Vlaams Woningsfonds voor de grote Gezinnen




Bulgaria
Bodies






—


Икономически и социален съвет (Economic and Social Council)










—


Национален осигурителен институт (National Social Security Institute)










—


Национална здравноосигурителна каса (National Health Insurance Fund)










—


Български червен кръст (Bulgarian Red Cross)










—


Българска академия на науките (Bulgarian Academy of Sciences)










—


Национален център за аграрни науки (National Centre for Agrarian Science)










—


Български институт за стандартизация (Bulgarian Institute for Standardisation)










—


Българско национално радио (Bulgarian National Radio)










—


Българска национална телевизия (Bulgarian National Television)




Categories
State undertakings within the meaning of Article 62(3) of the Търговския закон (обн., ДВ, бр.48/18.6.1991):






—


Национална компания ‘Железопътна инфраструктура’
                        










—


ДП ‘Пристанищна инфраструктура’
                        










—


ДП ‘Ръководство на въздушното движение’
                        










—


ДП ‘Строителство и възстановяване’
                        










—


ДП ‘Транспортно строителство и възстановяване’
                        










—


ДП ‘Съобщително строителство и възстановяване’
                        










—


ДП ‘Радиоактивни отпадъци’
                        










—


ДП ‘Предприятие за управление на дейностите по опазване на околната среда’
                        










—


ДП ‘Български спортен тотализатор’
                        










—


ДП ‘Държавна парично-предметна лотария’
                        










—


ДП ‘Кабиюк’, Шумен










—


ДП ‘Фонд затворно дело’
                        










—


Държавни дивечовъдни станции (State game breeding stations)




State Universities, established pursuant to Article 13 of the Закона за висшето образование (обн., ДВ, бр.112/27.12.1995):






—


Аграрен университет – Пловдив (Agricultural University – Plovdiv)










—


Академия за музикално, танцово и изобразително изкуство – Пловдив (Academy of Music, Dance and Fine Arts – Plovdiv)










—


Академия на Министерството на вътрешните работи










—


Великотърновски университет ‘Св. св. Кирил и Методий’ (St. Cyril and St. Methodius University of Veliko Tarnovo)










—


Висше военноморско училище ‘Н. Й. Вапцаров’ – Варна (N. Y. Vaptsarov Naval Academy – Varna)










—


Висше строително училище ‘Любен Каравелов’ – София (Civil Engineering Higher School ‘Lyuben Karavelov’ – Sofia)










—


Висше транспортно училище ‘Тодор Каблешков’ – София (Higher School of Transport ‘Todor Kableshkov’ – Sofia)










—


Военна академия ‘Г. С. Раковски’ – София (Military Academy ‘G. S. Rakovski’ – Sofia)










—


Национална музикална академия ‘Проф. Панчо Владигеров’ – София (State Academy of Music ‘Prof. Pancho Vladigerov’ – Sofia)










—


Икономически университет – Варна (University of Economics – Varna)










—


Колеж по телекомуникации и пощи – София (College of Telecommunications and Posts – Sofia)










—


Лесотехнически университет - София (University of Forestry – Sofia)










—


Медицински университет ‘Проф. д-р Параскев Иванов Стоянов’ – Варна (Medical University ‘Prof. D-r Paraskev Stoyanov’ – Varna)










—


Медицински университет – Плевен (Medical University – Pleven)










—


Медицински университет – Пловдив (Medical University – Plovdiv)










—


Медицински университет – София (Medical University – Sofia)










—


Минно-геоложки университет ‘Св. Иван Рилски’ – София (University of Mining and Geology ‘St. Ivan Rilski’ – Sofia)










—


Национален военен университет ‘Васил Левски’ – Велико Търново (National Military University ‘Vasil Levski’ – Veliko Tarnovo)










—


Национална академия за театрално и филмово изкуство ‘Кръстьо Сарафов’ – София (National Academy of Theatre and Film Arts ‘Krasyo Sarafov’ – Sofia)










—


Национална спортна академия ‘Васил Левски’ – София (National Sports Academy ‘Vasil Levski’ – Sofia)










—


Национална художествена академия – София (National Academy of Arts – Sofia)










—


Пловдивски университет ‘Паисий Хилендарски’ (Plovdiv University ‘Paisiy Hilendarski’)










—


Русенски университет ‘Ангел Кънчев’ (Ruse University ‘Angel Kanchev’)










—


Софийски университет ‘Св. Климент Охридски’ (Sofia University ‘St. Kliment Ohridski’)










—


Специализирано висше училище по библиотекознание и информационни технологии – София (Specialised Higher School on Library Science and Information Technologies – Sofia)










—


Стопанска академия ‘Д. А. Ценов’ – Свищов (Academy of Economics ‘D. A. Tsenov’ – Svishtov)










—


Технически университет – Варна (Technical University – Varna)










—


Технически университет – Габрово (Technical University – Gabrovo)










—


Технически университет – София (Technical University – Sofia)










—


Тракийски университет - Стара Загора (Trakia University – Stara Zagora)










—


Университет ‘Проф. д-р Асен Златаров’ – Бургас (University ‘Prof. D-r Asen Zlatarov’ – Burgas)










—


Университет за национално и световно стопанство – София (University of National and World Economy – Sofia)










—


Университет по архитектура, строителство и геодезия – София (University of Architecture, Civil Engineering and Geodesy – Sofia)










—


Университет по хранителни технологии – Пловдив (University of Food Technologies – Plovdiv)










—


Химико-технологичен и металургичен университет - София (University of Chemical Technology and Metallurgy – Sofia)










—


Шуменски университет ‘Епископ Константин Преславски’ (Shumen University ‘Konstantin Preslavski’)










—


Югозападен университет ‘Неофит Рилски’ – Благоевград (South-West University ‘Neofit Rilski’ – Blagoevgrad)




State and municipal schools within the meaning of the Закона за народната просвета (обн., ДВ, бр.86/18.10.1991).
Cultural institutes within the meaning of the Закона за закрила и развитие на културата (обн., ДВ, бр.50/1.6.1999):






—


Народна библиотека ‘Св. св. Кирил и Методий’ (National Library St. Cyril and St. Methodius)










—


Българска национална фонотека (Bulgarian National Records Library)










—


Българска национална филмотека (Bulgarian National Film Library)










—


Национален фонд ‘Култура’ (National Culture Fund)










—


Национален институт за паметниците на културата (National Institute for Monuments of Culture)










—


Театри (Theatres)










—


Опери, филхармонии и ансамбли (Operas, philharmonic orchestras, ensembles)










—


Музеи и галерии (Museums and galleries)










—


Училища по изкуствата и културата (Art and culture schools)










—


Български културни институти в чужбина (Bulgarian cultural institutes abroad)




State and/or municipal medical institutions referred to in Article 3(1) of the Закона за лечебните заведения (обн., ДВ, бр.62/9.7.1999).
Medical institutions referred to in Article 5(1) of the Закона за лечебните заведения (обн., ДВ, бр.62/9.7.1999):






—


Домове за медико-социални грижи за деца (Medical and social care institutions for children)










—


Лечебни заведения за стационарна психиатрична помощ (Medical institutions for inpatient psychiatric care)










—


Центрове за спешна медицинска помощ (Centres for emergency medical care)










—


Центрове за трансфузионна хематология (Centres for transfusion haematology)










—


Болница ‘Лозенец’ (Hospital ‘Lozenets’)










—


Военномедицинска академия (Military Medical Academy)










—


Медицински институт на Министерство на вътрешните работи (Medical Institute to the Ministry of the Interior)










—


Лечебни заведения към Министерството на правосъдието (Medical institutions to the Ministry of Justice)










—


Лечебни заведения към Министерството на транспорта (Medical institutions to the Ministry of Transport)




Legal persons of a non commercial character established for the purpose of meeting needs of general interest pursuant to the ‘Закона за юридическите лица с нестопанска цел’ (обн., ДВ, бр.81/6.10.2000), and satisfying the conditions of §1, item 21 of the Закона за обществените поръчки (обн., ДВ, бр.28/6.4.2004).
Czech Republic






—


Pozemkový fond and other state funds










—


Česká národní banka










—


Česká televize










—


Český rozhlas










—


Rada pro rozhlasové a televizní vysílaní










—


Všeobecná zdravotní pojišťovna České republiky










—


Zdravotní pojišťovna ministerstva vnitra ČR










—


Universities




and other legal entities established by a special Act which for their operation and in compliance with budget regulations use money from the state budget, state funds, contributions of international institutions, district authority budget, or budgets of self governing territorial divisions.
Denmark
Bodies






—


Danmarks Radio










—


Det landsdækkende TV2










—


Danmarks Nationalbank










—


Sund og Bælt Holding A/S










—


A/S Storebælt










—


A/S Øresund










—


Øresundskonsortiet










—


Metroselskabet I/S










—


Arealudviklingsselskabet I/S










—


Statens og Kommunernes Indkøbsservice










—


Arbejdsmarkedets Tillægspension










—


Arbejdsmarkedets Feriefond










—


Lønmodtagernes Dyrtidsfond










—


Naviair




Categories






—


De Almene Boligorganisationer (social housing organisations)










—


Andre forvaltningssubjekter (other public administrative bodies)










—


Universiteterne, jf. lovbekendtgørelse nr. 1368 af 7. december 2007 af lov om universiteter (Universities, see Consolidation Act nr. 1368 of 7 December 2007 on universities)




Germany
Categories
Legal persons governed by public law
Authorities, establishments and foundations governed by public law and created by Federal, State or local authorities particularly in the following fields:
(1)   Authorities






—


Wissenschaftliche Hochschulen und verfasste Studentenschaften – (universities and established student bodies),










—


berufsständige Vereinigungen (Rechtsanwalts-, Notar-, Steuerberater-, Wirtschaftsprüfer-, Architekten-, Ärzte- und Apothekerkammern) – [professional associations representing lawyers, notaries, tax consultants, accountants, architects, medical practitioners and pharmacists],










—


Wirtschaftsvereinigungen (Landwirtschafts-, Handwerks-, Industrie- und Handelskammern, Handwerksinnungen, Handwerkerschaften) – [business and trade associations: agricultural and craft associations, chambers of industry and commerce, craftmen's guilds, tradesmen's associations],










—


Sozialversicherungen (Krankenkassen, Unfall- und Rentenversicherungsträger)– [social security institutions: health, accident and pension insurance funds],










—


kassenärztliche Vereinigungen – (associations of panel doctors),










—


Genossenschaften und Verbände – (cooperatives and other associations).




(2)   Establishments and foundations
Non-industrial and non-commercial establishments subject to State control and operating in the general interest, particularly in the following fields:






—


Rechtsfähige Bundesanstalten – (Federal institutions having legal capacity),










—


Versorgungsanstalten und Studentenwerke – (pension organisations and students' unions),










—


Kultur-, Wohlfahrts- und Hilfsstiftungen – (cultural, welfare and relief foundations).




Legal persons governed by private law
Non-industrial and non-commercial establishments subject to State control and operating in the general interest, including kommunale Versorgungsunternehmen (municipal utilities):






—


Gesundheitswesen (Krankenhäuser, Kurmittelbetriebe, medizinische Forschungseinrichtungen, Untersuchungs- und Tierkörperbeseitigungsanstalten)– [health: hospitals, health resort establishments, medical research institutes, testing and carcase-disposal establishments],










—


Kultur (öffentliche Bühnen, Orchester, Museen, Bibliotheken, Archive, zoologische und botanische Gärten) – [culture: public theatres, orchestras, museums, libraries, archives, zoological and botanical gardens],










—


Soziales (Kindergärten, Kindertagesheime, Erholungseinrichtungen, Kinderund Jugendheime, Freizeiteinrichtungen, Gemeinschafts- und Bürgerhäuser, Frauenhäuser, Altersheime, Obdachlosenunterkünfte) – [social welfare: nursery schools, children's playschools, rest-homes, children's homes, hostels for young people, leisure centres, community and civic centres, homes for battered wives, old people's homes, accommodation for the homeless],










—


Sport (Schwimmbäder, Sportanlagen und -einrichtungen) – [sport: swimming baths, sports facilities],










—


Sicherheit (Feuerwehren, Rettungsdienste) – [safety: fire brigades, other emergency services],










—


Bildung (Umschulungs-, Aus-, Fort- und Weiterbildungseinrichtungen, Volksschulen) [education: training, further training and retraining establishments, adult evening classes],










—


Wissenschaft, Forschung und Entwicklung (Großforschungseinrichtungen, wissenschaftliche Gesellschaften und Vereine, Wissenschaftsförderung) – [science, research and development: large-scale research institutes, scientific societies and associations, bodies promoting science],










—


Entsorgung (Straßenreinigung, Abfall- und Abwasserbeseitigung) – [refuse and garbage disposal services: street cleaning, waste and sewage disposal],










—


Bauwesen und Wohnungswirtschaft (Stadtplanung, Stadtentwicklung, Wohnungsunternehmen soweit im Allgemeininteresse tätig, Wohnraumvermittlung)– [building, civil engineering and housing: town planning, urban development, housing, enterprises (insofar as they operate in the general interest), housing agency services],










—


Wirtschaft (Wirtschaftsförderungsgesellschaften) – (economy: organizations promoting economic development),










—


Friedhofs- und Bestattungswesen – (cemeteries and burial services),










—


Zusammenarbeit mit den Entwicklungsländern (Finanzierung, technische Zusammenarbeit, Entwicklungshilfe, Ausbildung) – [cooperation with developing countries: financing, technical cooperation, development aid, training].




Estonia






—


Eesti Kunstiakadeemia










—


Eesti Muusika- ja Teatriakadeemia










—


Eesti Maaülikool










—


Eesti Teaduste Akadeemia










—


Eesti Rahvusringhaaling










—


Tagatisfond










—


Kaitseliit










—


Keemilise ja Bioloogilise Füüsika Instituut










—


Eesti Haigekassa










—


Eesti Kultuurkapital










—


Notarite Koda










—


Rahvusooper Estonia










—


Eesti Rahvusraamatukogu










—


Tallinna Ülikool










—


Tallinna Tehnikaülikool










—


Tartu Ülikool










—


Eesti Advokatuur










—


Audiitorkogu










—


Eesti Töötukassa










—


Eesti Arengufond




Categories
Other legal persons governed by public law or legal persons in private law in compliance with Article 10(2) of the Public Procurement Act (RT I 21.7.2007, 15, 76).
Ireland
Bodies






—


Enterprise Ireland [Marketing, technology and enterprise development]










—


Forfás [Policy and advice for enterprise, trade, science, technology and innovation]










—


Industrial Development Authority










—


FÁS [Industrial and employment training]










—


Health and Safety Authority










—


Bord Fáilte Éireann – [Tourism development]










—


CERT [Training in hotel, catering and tourism industries]










—


Irish Sports Council










—


National Roads Authority










—


Údarás na Gaeltachta – [Authority for Gaelic speaking regions]










—


Teagasc [Agricultural research, training and development]










—


An Bord Bia – [Food industry promotion]










—


Irish Horseracing Authority










—


Bord na gCon – [Greyhound racing support and development]










—


Marine Institute










—


Bord Iascaigh Mhara – [Fisheries Development]










—


Equality Authority










—


Legal Aid Board










—


Forbas [Forbairt]




Categories






—


Health Service Executive










—


Hospitals and similar institutions of a public character










—


Vocational Education Committees










—


Colleges and educational institutions of a public character










—


Central and Regional Fisheries Boards










—


Regional Tourism Organisations










—


National Regulatory and Appeals bodies [such as in the telecommunications, energy, planning etc. areas]










—


Agencies established to carry out particular functions or meet needs in various public sectors [e.g. Healthcare Materials Management Board, Health Sector Employers Agency, Local Government Computer Services Board, Environmental Protection Agency, National Safety Council, Institute of Public Administration, Economic and Social Research Institute, National Standards Authority, etc.]










—


Other public bodies falling within the definition of a body governed by public law.




Greece
Categories






(a)


Public enterprises and public entities.










(b)


Legal persons governed by private law which are State-owned or which regularly receive at least 50 per cent of their annual budget in the form of State subsidies, pursuant to the applicable rules, or in which the State has a capital holding of at least 51 per cent.










(c)


Legal persons governed by private law which are owned by legal persons governed by public law, by local authorities of any level, including the Greek Central Association of Local Authorities (Κ.Ε.Δ.Κ.Ε.), by local associations of ‘communes’, (local administrative areas) or by public enterprises or entities, or by legal persons as referred to in b) or which regularly receive at least 50 per cent of their annual budget in the form of subsidies from such legal persons, pursuant to the applicable rules or to their own articles of association, or legal persons as referred to above which have a capital holding of at least 51 per cent in such legal persons governed by public law.




Spain
Categories






—


Bodies and entities governed by public law which are subject to the ‘Ley 30/2007, de 30 de octubre, de Contratos del sector público’, – [Spanish State legislation on procurement] –, in accordance with its article 3, other than those which are part of the Administración General del Estado – (general national administration) –, the Administración de las Comunidades Autónomas – (administration of the autonomous regions – and the Corporaciones Locales – (local authorities).










—


Entidades Gestoras y los Servicios Comunes de la Seguridad Social – (administrative entities and common services of the health and social services).




France
Bodies






—


Compagnies et établissements consulaires, chambres de commerce et d'industrie (CCI), chambres des métiers et chambres d'agriculture.




Categories
(1)   National public bodies:






—


Académie des Beaux-arts










—


Académie française










—


Académie des inscriptions et belles-lettres










—


Académie des sciences










—


Académie des sciences morales et politiques










—


Banque de France










—


Centre de coopération internationale en recherche agronomique pour le développement










—


Ecoles d'architecture










—


Imprimerie Nationale










—


Institut national de la consommation










—


Reunion des musées nationaux










—


Thermes nationaux – Aix-les-Bains










—


Ecole Technique professionelle agricole et forestière de Meymac (Corrèze)










—


Ecole de Sylviculture de Crogny










—


Ecole de Viticulture et d'œnologie de la Tour Blanche (Gironde)










—


Groupements d'intérêt public; exemples:






—


Agence EduFrance










—


ODIT France (observation, développement et ingénierie touristique)










—


Agence nationale de lutte contre l'illettrisme








(2)   Administrative public bodies at regional, departmental and local level:






—


Collèges










—


Lycées










—


Etablissements publics locaux d'enseignement et de formation professionnelle agricole










—


Etablissements publics hospitaliers (par exemple: l'Hôpital Départemental Dufresne-Sommeiller)










—


Offices publics de l'habitat




(3)   Groupings of territorial authorities:






—


Etablissements publics de coopération intercommunale










—


Institutions interdépartementales et interrégionales










—


Syndicat des transports d'Ile-de-France




Croatia






—


Agency Alan d.o.o.










—


APIS IT d.o.o – Information Systems and Information Technologies Support Agency










—


National Folk Dance Ensemble of Croatia ‘Lado’
                     










—


CARnet (Croatian Academic and Research Network)










—


Help and care centres










—


Social welfare centres










—


Social care homes










—


Health care centres










—


State archives










—


State Institute for Nature Protection










—


Fund for Financing the Decommissioning of the Krško Nuclear Power Plant and the Disposal of NEK Radioactive Waste and Spent Nuclear Fuel










—


Fund for Indemnification of Seized Property










—


Fund for Reconstruction and Development of Vukovar










—


Fund for Professional Rehabilitation and Employment of People with Disabilities










—


Environmental Protection and Energy Efficiency Fund










—


Croatian Academy of Science and Arts










—


Croatian Bank for Reconstruction and Development










—


Hrvatska kontrola zračne plovidbe d.o.o. (Croatia Control Ltd.)










—


Hrvatska lutrija d.o.o. (Croatian Lottery)










—


Croatian Heritage Foundation










—


Croatian Chamber of Agriculture










—


Croatian Radio Television










—


Croatian Association of Technological Culture










—


Croatian Audiovisual Centre










—


Croatian Centre for Horse Breeding – State Stud Farms Đakovo and Lipik










—


Croatian Centre for Agriculture, Food and Rural Affairs










—


Croatian Mine Action Centre










—


Croatian Memorial-Documentation Centre of the Homeland War










—


Croatian Olympic Committee










—


Croatian Energy Market Operator










—


Croatian Paralympic Committee










—


Croatian Register of Shipping










—


Croatian Conservation Institute










—


Croatian Deaf Sport Federation










—


Croatian Institute of Emergency Medicine










—


Croatian National Institute of Public Health










—


Croatian Institute for Mental Health










—


Croatian Institute for Pension Insurance










—


Croatian Standards Institute










—


Croatian Institute for Telemedicine










—


Croatian Institute for Toxicology and Anti-doping










—


Croatian National Institute of Transfusion Medicine










—


Croatian Employment Service










—


Croatian Institute for Health Protection and Safety at Work










—


Croatian Institute for Health Insurance










—


Croatian Institute for Health Insurance of Occupational Health










—


Jadrolinija (shipping company)










—


Public Institution Croatian Olympic Centre










—


Higher education public institutions










—


National parks public institutions










—


Nature parks public institutions










—


Public scientific institutes










—


Theatres, museums, galleries, libraries and other institutions in the field of culture established by the Republic of Croatia or local and regional self-government units










—


Penitentiaries










—


Clinical hospitals










—


Clinical hospital centres










—


Clinics










—



                        ‘Miroslav Krleža’ Institute of Lexicography










—


Port Authorities










—


Sanatoriums










—


Pharmacies founded by the units of regional self-government










—


Matica hrvatska (Matrix Croatia)










—


International Centre for Underwater Archaeology










—


National and University Library










—


National Foundation for Support to the Pupil and Student Standard of Living










—


National Foundation for Civil Society Development










—


National Foundation for Science, Higher Education and Technological Development of the Republic of Croatia










—


National Centre for External Evaluation of Education










—


National Council for Higher Education










—


National Council for Science










—


Official Gazette (Narodne novine d.d.)










—


Educational/correctional institutes










—


Educational institutions founded by the Republic of Croatia or units of local and regional self-government










—


General hospitals










—


Plovput d.o.o. (State-owned company in charge of safety of navigation)










—


Polyclinics










—


Special hospitals










—


Central Register of Insured Persons










—


University Computing Centre










—


Sports associations










—


Sports federations










—


Emergency medical treatment institutions










—


Palliative care institutions










—


Health care institutions










—


Foundation of Police Solidarity










—


Prisons










—


Institute for the Restoration of Dubrovnik










—


Institute for Seed and Seedlings










—


Public health institutes










—


Aeronautical Technical Centre (Zrakoplovno – tehnički centar d.d.)










—


County road administrations










—


Center for Monitoring business activities in the energy sector and investments




Italy
Bodies






—


Società Stretto di Messina S.p.A.










—


Mostra d'oltremare S.p.A.










—


Ente nazionale per l'aviazione civile - ENAC










—


Società nazionale per l'assistenza al volo S.p.A. - ENAV










—


ANAS S.p.A




Categories






—


Consorzi per le opere idrauliche (consortia for water engineering works)










—


Università statali, gli istituti universitari statali, i consorzi per i lavori interessanti le università (State universities, State university institutes, consortia for university development work)










—


Istituzioni pubbliche di assistenza e di beneficenza (public welfare and benevolent institutions)










—


Istituti superiori scientifici e culturali, osservatori astronomici, astrofisici, geofisici o vulcanologici (higher scientific and cultural institutes, astronomical, astrophysical, geophysical or vulcanological oberservatories)










—


Enti di ricerca e sperimentazione (organizations conducting research and experimental work)










—


Enti che gestiscono forme obbligatorie di previdenza e di assistenza (agencies administering compulsory social security and welfare schemes)










—


Consorzi di bonifica (land reclamation consortia)










—


Enti di sviluppo e di irrigazione (development or irrigation agencies)










—


Consorzi per le aree industriali (associations for industrial areas)










—


Enti preposti a servizi di pubblico interesse (organizations providing services in the public interest)










—


Enti pubblici preposti ad attività di spettacolo, sportive, turistiche e del tempo libero (public bodies engaged in -entertainment, sport, tourism and leisure activities)










—


Enti culturali e di promozione artistica (organizations promoting culture and artistic activities)




Cyprus






—


Αρχή Ραδιοτηλεόρασης Κύπρου










—


Επιτροπή Κεφαλαιαγοράς Κύπρου










—


Επίτροπος Ρυθμίσεως Ηλεκτρονικών Επικοινωνιών και Ταχυδρομείων










—


Ρυθμιστική Αρχή Ενέργειας Κύπρου










—


Εφοριακό Συμβούλιο










—


Συμβούλιο Εγγραφής και Ελέγχου Εργοληπτών










—


Ανοικτό Πανεπιστήμιο Κύπρου










—


Πανεπιστήμιο Κύπρου










—


Τεχνολογικό Πανεπιστήμιο Κύπρου










—


Ένωση Δήμων










—


Ένωση Κοινοτήτων










—


Αναπτυξιακή Εταιρεία Λάρνακας










—


Ταμείο Κοινωνικής Συνοχής










—


Ταμείο Κοινωνικών Ασφαλίσεων










—


Ταμείο Πλεονάζοντος Προσωπικού










—


Κεντρικό Ταμείο Αδειών










—


Αντιναρκωτικό Συμβούλιο Κύπρου










—


Ογκολογικό Κέντρο της Τράπεζας Κύπρου










—


Οργανισμός Ασφάλισης Υγείας










—


Ινστιτούτο Γενετικής και Νευρολογίας










—


Κεντρική Τράπεζα της Κύπρου










—


Χρηματιστήριο Αξιών Κύπρου










—


Οργανισμός Χρηματοδοτήσεως Στέγης










—


Κεντρικός Φορέας Ισότιμης Κατανομής Βαρών










—


Ίδρυμα Κρατικών Υποτροφιών Κύπρου










—


Κυπριακός Οργανισμός Αγροτικών Πληρωμών










—


Οργανισμός Γεωργικής Ασφάλισης










—


Ειδικό Ταμείο Ανανεώσιμων Πηγών Ενέργειας και Εξοικονόμησης Ενέργειας










—


Συμβούλιο Ελαιοκομικών Προϊόντων










—


Οργανισμός Κυπριακής Γαλακτοκομικής Βιομηχανίας










—


Συμβούλιο Αμπελοοινικών Προϊόντων










—


Συμβούλιο Εμπορίας Κυπριακών Πατατών










—


Ευρωπαϊκό Ινστιτούτο Κύπρου










—


Ραδιοφωνικό Ίδρυμα Κύπρου










—


Οργανισμός Νεολαίας Κύπρου










—


Κυπριακόν Πρακτορείον Ειδήσεων










—


Θεατρικός Οργανισμός Κύπρου










—


Κυπριακός Οργανισμός Αθλητισμού










—


Αρχή Ανάπτυξης Ανθρώπινου Δυναμικού Κύπρου










—


Αρχή Κρατικών Εκθέσεων Κύπρου










—


Ελεγκτική Υπηρεσία Συνεργατικών Εταιρειών










—


Κυπριακός Οργανισμός Τουρισμού










—


Κυπριακός Οργανισμός Αναπτύξεως Γης










—


Συμβούλια Αποχετεύσεων (This category refers to the Συμβούλια Αποχετεύσεων established and operating according to the Provisions of the Αποχετευτικών Συστημάτων Νόμου Ν.1(Ι) of 1971)










—


Συμβούλια Σφαγείων (This category refers to the Κεντρικά και Κοινοτικά Συμβούλια Σφαγείων run by local authorities, established and operating according to the provisions of the Σφαγείων Νόμου N.26(Ι) of 2003)










—


Σχολικές Εφορείες (This category refers to the Σχολικές Εφορείες established and operating according to the provisions of the Σχολικών Εφορειών Νόμου N.108 of 2003)










—


Ταμείο Θήρας










—


Κυπριακός Οργανισμός Διαχείρισης Αποθεμάτων Πετρελαιοειδών










—


Ίδρυμα Τεχνολογίας Κύπρου










—


Ίδρυμα Προώθησης Έρευνας










—


Ίδρυμα Ενέργειας Κύπρου










—


Ειδικό Ταμείο Παραχώρησης Επιδόματος Διακίνησης Αναπήρων










—


Ταμείο Ευημερίας Εθνοφρουρού










—


Ίδρυμα Πολιτισμού Κύπρου




Latvia






—


Subjects of private law which make purchases according to ‘Publisko iepirkumu likuma prasībām’.




Lithuania






—


Establishments of research and education (higher education institutions, establishments of scientific research, research and technology parks as well as other establishments and institutions, the activity of which pertains to evaluation or organisation of research and education)










—


Educational establishments (higher education establishments, vocational colleges, schools of general education, pre-school establishments, informal education institutions, special education institutions and other establishments)










—


Establishments of culture (theatres, museums, libraries and other establishments)










—


National establishments of the Lithuanian health care system (individual health care protection establishments, public health protection establishments, establishments of pharmaceutical activities and other health care establishments, etc.)










—


Social care institutions










—


Institutions of physical culture and sports (sports clubs, sports schools, sports centres, sports facilities and other establishments)










—


Establishments of the national defence system










—


Establishments of environmental protection










—


Establishments ensuring public safety and public order










—


Establishments of the civil protection and rescue system










—


Tourism service providers (tourism information centres and other establishments providing tourism services)










—


Other public and private persons in accordance with the conditions provided for in Article 4(2) of the Law on Public Procurement (‘Valstybės žinios’ (Official Gazette) No 84-2000, 1996; No 4-102, 2006).




Luxembourg






—


Établissements publics de l'État placés sous la surveillance d'un membre du gouvernement:






—


Fonds d'Urbanisation et d'Aménagement du Plateau de Kirchberg










—


Fonds de Rénovation de Quatre Ilôts de la Vieille Ville de Luxembourg










—


Fonds Belval










—


Établissements publics placés sous la surveillance des communes.














—


Syndicats de communes créés en vertu de la loi du 23 février 2001 concernant les syndicats de communes.




Hungary
Bodies






—


Egyes költségvetési szervek (certain budgetary organs)










—


Az elkülönített állami pénzalapok kezelője (managing bodies of the separate state funds)










—


A közalapítványok (public foundations)










—


A Magyar Nemzeti Bank










—


A Magyar Nemzeti Vagyonkezelő Zrt.










—


A Magyar Fejlesztési Bank Részvénytársaság










—


A Magyar Távirati Iroda Részvénytársaság










—


A közszolgálati műsorszolgáltatók (public service broadcasters)










—


Azok a közműsor-szolgáltatók, amelyek működését többségi részben állami, illetve önkormányzati költségvetésből finanszírozzák (public broadcasters financed, for the most part, from public budget)










—


Az Országos Rádió és Televízió Testület




Categories






—


Organisations established for the purpose of meeting needs in the general interest, not having an industrial or commercial character, and controlled by public entities, or financed, for the most part, by public entities (from public budget)










—


Organisations established by law determining their public tasks and operation, and controlled by public entities, or financed, for the most part, by public entities (from public budget)










—


Organisations established by public entities for the purpose of carrying out their certain basic activities, and controlled by the public entities




Malta






—


Uffiċċju tal-Prim Ministru (Office of the Prime Minister)






—


Kunsill Malti Għall-Iżvilupp Ekonomiku u Soċjali (Malta Council for Economic and Social Development)










—


Awtorità tax-Xandir (Broadcasting Authority)










—


Industrial Projects and Services Ltd.










—


Kunsill ta' Malta għax-Xjenza u Teknoloġija (Malta Council for Science and Technology)














—


Ministeru tal-Finanzi (Ministry of Finance)






—


Awtorità għas-Servizzi Finanzjarji ta' Malta (Malta Financial Services Authority)










—


Borża ta' Malta (Malta Stock Exchange)










—


Awtorità dwar Lotteriji u l-Loghob (Lotteries and Gaming Authority)










—


Awtorità tal-Istatistika ta' Malta (Malta Statistics Authority)










—


Sezzjoni ta' Konformità mat-Taxxa (Tax Compliance Unit)














—


Ministeru tal-Ġustizzja u l-Intern (Ministry for Justice & Home Affairs)






—


Ċentru Malti tal-Arbitraġġ (Malta Arbitration Centre)










—


Kunsilli Lokali (Local Councils)














—


Ministeru tal-Edukazzjoni, Żgħażagħ u Impjiegi (Ministry of Education, Youth and Employment)






—


Junior College










—


Kulleġġ Malti għall-Arti, Xjenza u Teknoloġija (Malta College of Arts Science and Technology)










—


Università` ta' Malta (University of Malta)










—


Fondazzjoni għall-Istudji Internazzjonali (Foundation for International Studies)










—


Fondazzjoni għall-Iskejjel ta' Għada (Foundation for Tomorrow's Schools)










—


Fondazzjoni għal Servizzi Edukattivi (Foundation for Educational Services)










—


Korporazzjoni tal-Impjieg u t-Taħriġ (Employment and Training Corporation)










—


Awtorità` tas-Saħħa u s-Sigurtà (Occupational Health and Safety Authority)










—


Istitut għalStudji Turistiċi (Institute for Tourism Studies)










—


Kunsill Malti għall-Isport










—


Bord tal-Koperattivi (Cooperatives Board)










—


Pixxina Nazzjonali tal-Qroqq (National Pool tal-Qroqq)














—


Ministeru tat-Turiżmu u Kultura (Ministry for Tourism and Culture)






—


Awtorità Maltija-għat-Turiżmu (Malta Tourism Authority)










—


Heritage Malta










—


Kunsill Malti għall-Kultura u l-Arti (National Council for Culture and the Arts)










—


Ċentru għall-Kreativita fil-Kavallier ta' San Ġakbu (St. James Cavalier Creativity Centre)










—


Orkestra Nazzjonali (National Orchestra)










—


Teatru Manoel (Manoel Theatre)










—


Ċentru tal- Konferenzi tal-Mediterran (Mediterranean Conference Centre)










—


Ċentru Malti għar-Restawr (Malta Centre for Restoration)










—


Sovrintendenza tal-Patrimonju Kulturali (Superintendence of Cultural Heritage)










—


Fondazzjoni Patrimonju Malti














—


Ministeru tal-Kompetittività u l-Komunikazzjoni (Ministry for Competitiveness and Communications)






—


Awtorità` ta' Malta dwar il-Komuikazzjoni (Malta Communications Authority)










—


Awtorità` ta' Malta dwar l-Istandards (Malta Standards Authority)














—


Ministeru tar-Riżorsi u Infrastruttura (Ministry for Resources and Infrastructure)






—


Awtorità` ta' Malta dwar ir-Riżorsi (Malta Resources Authority)










—


Kunsill Konsultattiv dwar l-Industija tal-Bini (Building Industry Consultative Council)














—


Ministeru għal Għawdex (Ministry for Gozo)










—


Ministeru tas-Saħħa, l-Anzjani u Kura fil-Komunità (Ministry of Health, the Elderly and Community Care)






—


Fondazzjoni għas-Servizzi Mediċi (Foundation for Medical Services)










—


Sptar Zammit Clapp (Zammit Clapp Hospital)










—


Sptar Mater Dei (Mater Dei Hospital)










—


Sptar Monte Carmeli (Mount Carmel Hospital)










—


Awtorità dwar il-Mediċini (Medicines Authority)










—


Kumitat tal-Welfare (Welfare Committee)














—


Ministeru għall-Investiment, Industrija u Teknologija ta' Informazzjoni (Ministry for Investment, Industry and Information Technology)






—


Laboratorju Nazzjonali ta' Malta (Malta National Laboratory)










—


MGI/Mimcol










—


Gozo Channel Co. Ltd.










—


Kummissjoni dwar il-Protezzjoni tad-Data (Data Protection Commission)










—


MITTS










—


Sezzjoni tal-Privatizzazzjoni (Privatization Unit)










—


Sezzjoni għan-Negozjati Kollettivi (Collective Bargaining Unit)










—


Malta Enterprise










—


Malta Industrial Parks














—


Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the Environment)






—


Awtorità ta' Malta għall-Ambjent u l-Ippjanar (Malta Environment and Planning Authority)










—


Wasteserv Malta Ltd.














—


Ministeru għall-Iżvilupp Urban u Toroq (Ministry for Urban Development and Roads)










—


Ministeru għall-Familja u Solidarjetà Socjali (Ministry for the Family and Social Solidarity)






—


Awtorità tad-Djar (Housing Authority)










—


Fondazzjoni għas-Servizzi Soċjali (Foundation for Social Welfare Services)










—


Sedqa










—


Appoġġ










—


Kummissjoni Nazzjonali Għal Persuni b'Diżabilità (National Commission for Disabled Persons)










—


Sapport














—


Ministeru għall-Affarijiet Barranin (Ministry of Foreign Affairs)






—


Istitut Internazzjonali tal-Anzjani (International Institute on Ageing)








Netherlands
Bodies






—


Ministerie van Binnenlandse Zaken en Koninkrijksrelaties (Ministry of the Interior)






—


Nederlands Instituut voor Brandweer en rampenbestrijding (Netherlands Institute for the Fire Service and for Combating Emergencies) (NIBRA)










—


Nederlands Bureau Brandweer Examens (Netherlands Fire Service ExaminationBoard) (NBBE)










—


Landelijk Selectie- en Opleidingsinstituut Politie National Institute for Selection and Education of Policemen) (LSOP)










—


25 afzonderlijke politieregio's – (25 individual police regions)










—


Stichting ICTU (ICTU Foundation)










—


Voorziening tot samenwerking Politie Nederland (Cooperation Service Police Netherlands)














—


Ministerie van Economische Zaken (Ministry of Economic Affairs)






—


Stichting Syntens – (Syntens)










—


Van Swinden Laboratorium B.V. – (NMi van Swinden Laboratory)










—


Nederlands Meetinstituut B.V. – (Nmi Institute for Metrology and Technology)










—


Nederland Instituut voor Vliegtuigontwikkeling en Ruimtevaart (NIVR) – (Netherlands Agency for Aerospace Programmes)










—


Nederlands Bureau voor Toerisme en Congressen (Netherlands Board of Tourism and Conventions)










—


Samenwerkingsverband Noord Nederland (SNN) (Cooperative Body of the provincial governments of the Northern Netherlands)










—


Ontwikkelingsmaatschappij Oost Nederland N.V.(Oost N.V.) – Development Agency East Netherlands










—


LIOF (Limburg Investment Development Company LIOF)










—


Noordelijke Ontwikkelingsmaatschappij (NOM) – (NOM Investment Development)










—


Brabantse Ontwikkelingsmaatschappij (BOM) – (North Brabant Development Agency)










—


Onafhankelijke Post en Telecommunicatie Autoriteit (Opta) – (Independent Post and Telecommunications Authority)










—


Centraal Bureau voor de Statistiek (Central Bureau of Statistics) (CBS)










—


Energieonderzoek Centrum Nederland – (Energy Research Centre of The Netherlands) (ECN)










—


Stichting PUM (Programma Uitzending Managers) (Netherlands Management Consultants Programme)










—


Stichting Kenniscentrum Maatschappelijk Verantwoord Ondernemen (CSR Netherlands: Centre of Expertise) (MVO)










—


Kamer van Koophandel Nederland (Netherlands Chamber of Commerce)














—


Ministry of Finance






—


De Nederlandse Bank N.V. – (Netherlands Central Bank)










—


Autoriteit Financiële Markten – (Netherlands Authority for the Financial Markets)










—


Pensioen- & Verzekeringskamer – (Pensions and Insurance Supervisory Authority of the Netherlands)














—


Ministry of Justice






—


Stichting Reclassering Nederland (SRN) – (Netherlands Rehabilitation Agency)










—


Stichting VEDIVO – (VEDIVO Agency, Association for Managers in the (Family) Guardianship)










—


Voogdij- en gezinsvoogdij instellingen – (Guardianship and Family Guardianship Institutions)










—


Stichting Halt Nederland (SHN) – (Netherlands Halt (the alternative) Agency)










—


Particuliere Internaten – (Private Boarding Institutions)










—


Particuliere Jeugdinrichtingen – (Penal Institutions for Juvenile Offenders)










—


Schadefonds Geweldsmisdrijven – (Damages Fund for Violent Crimes)










—


Centraal orgaan Opvang Asielzoekers (COA) – (Agency for the Reception of Asylum Seekers)










—


Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) – (National Support and Maintenance Agency)










—


Landelijke organisaties slachtofferhulp – (National Victim Compensation Organisations)










—


College Bescherming Persoongegevens – (Netherlands Data Protection Authority










—


Raden voor de Rechtsbijstand – (Legal Assistance Councils)










—


Stichting Rechtsbijstand Asiel – (Asylum Seekers Legal Advice Centres)










—


Stichtingen Rechtsbijstand – (Legal Assistance Agencies)










—


Landelijk Bureau Racisme bestrijding (LBR) – (National Bureau against Racial Discrimination)










—


Clara Wichman Instituut – (Clara Wichman Institute)














—


Ministry of Agriculture, Nature and Food Quality






—


Bureau Beheer Landbouwgronden – (Land Management Service)










—


Faunafonds – (Fauna Fund)










—


Staatsbosbeheer – (National Forest Service)










—


Stichting Voorlichtingsbureau voor de Voeding – (Netherlands Bureau for Food and Nutrition Education)










—


Universiteit Wageningen – (Wageningen University and Research Centre)










—


Stichting DLO – (Agricultural Research Department)










—


(Hoofd) productschappen – (Commodity Boards)














—


Ministerie van Onderwijs, Cultuur en Wetenschap (Ministry of Education, Culture and Science)




The competent authorities of:






—


public or publicly funded private schools for primary education within the meaning of the Wet op het primair onderwijs (Law on Primary Education);










—


public or publicly funded private schools for primary special education within the meaning of the Wet op het primair onderwijs (Law on Primary Education);










—


public or publicly funded private schools and institutions for special and secondary education within the meaning of the Wet op de expertisecentra (Law on Resource Centres);










—


public or publicly funded private schools and institutions for secondary education within the meaning of the Wet op het voortgezet onderwijs (Law on Secondary Education);










—


public or publicly funded public private institutions within the meaning of the Wet Educatie en Beroepsonderwijs (Law on Education and Vocational Education);










—


Publicly funded universities and higher education institutions, the Open University, and the university hospitals, within the meaning of the Wet op het hoger onderwijs en wetenschappelijk onderzoek (Law on Higher Education and Scientific Research);










—


School advisory services within the meaning of the Wet op het primair onderwijs (Law on Primary Education) and the Wet op de exertisecentra (Law on Resource Centres);










—


National teachers' centres within the meaning of the Wet subsidiëring landelijke onderwijsondersteunende activiteiten (Law on Subsidies for National Educational Support Activities);










—


Broadcasting organisations within the meaning of the Mediawet (Media Law), insofar as the organisations are funded for more than 50 per cent by the Ministry of Education, Culture and Science;










—


Services within the meaning of the Wet Verzelfstandiging Rijksmuseale Diensten (Law on Privatisation of National Services);










—


Other organisations and institutions in the field of education, culture and science which receive more than 50 per cent of their funds from the Ministry of Education, Culture and Science.










—


All organisations which are subsidised by the Ministerie van Onderwijs, Cultuur en Wetenschap for more than 50 per cent, for example:






—


Bedrijfsfonds voor de Pers (BvdP);










—


Commissariaat voor de Media (CvdM);










—


Informatie Beheer Groep (IB-Groep);










—


Koninklijke Bibliotheek (KB);










—


Koninklijke Nederlandse Academie van Wetenschappen (KNAW);










—


Vereniging voor Landelijke organen voor beroepsonderwijs (COLO);










—


Nederlands Vlaams Accreditatieorgaan Hoger Onderwijs (NVAO);










—


Fonds voor beeldende kunsten, vormgeving en bouwkunst;










—


Fonds voor Amateurkunsten en Podiumkunsten;










—


Fonds voor de scheppende toonkunst;










—


Mondriaanstichting;










—


Nederlands fonds voor de film;










—


Stimuleringsfonds voor de architectuur;










—


Fonds voor Podiumprogrammering- en marketing;










—


Fonds voor de letteren;










—


Nederlands Literair Productie- en Vertalingsfonds;










—


Nederlandse Omroepstichting (NOS);










—


Nederlandse Organisatie voor Toegepast Natuurwetenschappelijk Onderwijs (TNO);










—


Nederlandse Organisatie voor Wetenschappelijk Onderzoek (NWO);










—


Stimuleringsfonds Nederlandse culturele omroepproducties (STIFO);










—


Vervangingsfonds en bedrijfsgezondheidszorg voor het onderwijs (VF);










—


Nederlandse organisatie voor internationale samenwerking in het hoger onderwijs (Nuffic);










—


Europees Platform voor het Nederlandse Onderwijs;










—


Nederlands Instituut voor Beeld en Geluid (NIBG);










—


Stichting ICT op school;










—


Stichting Anno;










—


Stichting Educatieve Omroepcombinatie (EduCom);










—


Stichting Kwaliteitscentrum Examinering (KCE);










—


Stichting Kennisnet;










—


Stichting Muziek Centrum van de Omroep;










—


Stichting Nationaal GBIF Kennisknooppunt (NL-BIF);










—


Stichting Centraal Bureau voor Genealogie;










—


Stichting Ether Reclame (STER);










—


Stichting Nederlands Instituut Architectuur en Stedenbouw;










—


Stichting Radio Nederland Wereldomroep;










—


Stichting Samenwerkingsorgaan Beroepskwaliteit Leraren (SBL);










—


Stichting tot Exploitatie van het Rijksbureau voor Kunsthistorische documentatie (RKD);










—


Stichting Sectorbestuur Onderwijsarbeidsmarkt;










—


Stichting Nationaal Restauratiefonds;










—


Stichting Forum voor Samenwerking van het Nederlands Archiefwezen en Documentaire Informatie;










—


Rijksacademie voor Beeldende Kunst en Vormgeving;










—


Stichting Nederlands Onderwijs in het Buitenland;










—


Stichting Nederlands Instituut voor Fotografie;










—


Nederlandse Taalunie;










—


Stichting Participatiefonds voor het onderwijs;










—


Stichting Uitvoering Kinderopvangregelingen/Kintent;










—


Stichting voor Vluchteling-Studenten UAF;










—


Stichting Nederlands Interdisciplinair Demografisch Instituut;










—


College van Beroep voor het Hoger Onderwijs;










—


Vereniging van openbare bibliotheken NBLC;










—


Stichting Muziek Centrum van de Omroep;










—


Nederlandse Programmastichting;










—


Stichting Stimuleringsfonds Nederlandse Culturele Omroepproducties;










—


Stichting Lezen;










—


Centrum voor innovatie van opleidingen;










—


Instituut voor Leerplanontwikkeling;










—


Landelijk Dienstverlenend Centrum voor studie- en beroepskeuzevoorlichting;










—


Max Goote Kenniscentrum voor Beroepsonderwijs en Volwasseneneducatie;










—


Stichting Vervangingsfonds en Bedrijfsgezondheidszorg voor het Onderwijs;










—


BVE-Raad;










—


Colo, Vereniging kenniscentra beroepsonderwijs bedrijfsleven;










—


Stichting kwaliteitscentrum examinering beroepsonderwijs;










—


Vereniging Jongerenorganisatie Beroepsonderwijs;










—


Combo, Stichting Combinatie Onderwijsorganisatie;










—


Stichting Financiering Struktureel Vakbondsverlof Onderwijs;










—


Stichting Samenwerkende Centrales in het COPWO;










—


Stichting SoFoKles;










—


Europees Platform;










—


Stichting mobiliteitsfonds HBO;










—


Nederlands Audiovisueel Archiefcentrum;










—


Stichting minderheden Televisie Nederland;










—


Stichting omroep allochtonen;










—


Stichting Multiculturele Activiteiten Utrecht;










—


School der Poëzie;










—


Nederlands Perscentrum;










—


Nederlands Letterkundig Museum en documentatiecentrum;










—


Bibliotheek voor varenden;










—


Christelijke bibliotheek voor blinden en slechtzienden;










—


Federatie van Nederlandse Blindenbibliotheken;










—


Nederlandse luister- en braillebibliotheek;










—


Federatie Slechtzienden- en Blindenbelang;










—


Bibliotheek Le Sage Ten Broek;










—


Doe Maar Dicht Maar;










—


ElHizjra;










—


Fonds Bijzondere Journalistieke Projecten;










—


Fund for Central and East European Bookprojects;










—


Jongeren Onderwijs Media;














—


Ministry of Social Affairs and Employment






—


Sociale Verzekeringsbank – (Social Insurance Bank)










—


Sociaal Economische Raad (SER) – (Social and Economic Council in the Netherlands)










—


Raad voor Werk en Inkomen (RWI) – (Council for Work and Income)










—


Centrale organisatie voor werk en inkomen – (Central Organisation for Work and Income)










—


Uitvoeringsinstituut werknemersverzekeringen – (Implementing body for employee insurance schemes)














—


Ministry of Transport, Communications and Public Works






—


RDW, Dienst Wegverkeer










—


Luchtverkeersleiding Nederland (LVNL) – (Air Traffic Control Agency)










—


Nederlandse Loodsencorporatie (NLC) – (Netherlands maritime pilots association)










—


Regionale Loodsencorporatie (RLC) – (Regional maritime pilots association)














—


Ministry of Housing, Spatial Planning and the Environment






—


Kadaster – (Public Registers Agency)










—


Centraal Fonds voor de Volkshuisvesting – (Central Housing Fund)










—


Stichting Bureau Architectenregister – (Architects Register)














—


Ministry of Health, Welfare and Sport






—


Commissie Algemene Oorlogsongevallenregeling Indonesië (COAR)










—


College ter beoordeling van de Geneesmiddelen (CBG) – (Medicines Evaluation Board)










—


Commissies voor gebiedsaanwijzing










—


College sanering Ziekenhuisvoorzieningen – (National Board for Redevelopment of Hospital Facilities)










—


Zorgonderzoek Nederland (ZON) – (Health Research and Development Council)










—


Inspection bodies under the Wet medische hulpmiddelen – (Law on Medical Appliances)










—


N.V. KEMA/Stichting TNO Certification – (KEMA/TNO Certification)










—


College Bouw Ziekenhuisvoorzieningen (CBZ) – (National Board for Hospital Facilities)










—


College voor Zorgverzekeringen (CVZ) – (Health Care Insurance Board)










—


Nationaal Comité 4 en 5 mei – (National 4 and 5 May Committee)










—


Pensioen- en Uitkeringsraad (PUR) – (Pension and Benefit Board)










—


College Tarieven Gezondheidszorg (CTG) – (Health Service Tariff Tribunal)










—


Stichting Uitvoering Omslagregeling Wet op de Toegang Ziektekostenverzekering (SUO)










—


Stichting tot bevordering van de Volksgezondheid en Milieuhygiëne (SVM) – (Foundation for the Advancement of Public Health and Envireonment)










—


Stichting Facilitair Bureau Gemachtigden Bouw VWS










—


Stichting Sanquin Bloedvoorziening – (Sanquin Blood Supply Foundation)










—


College van Toezicht op de Zorgverzekeringen organen ex artikel 14, lid 2c, Wet BIG (Supervisory Board of Health Care Insurance Committees for registration of professional health care practices)










—


Ziekenfondsen – (Health Insurance Funds)










—


Nederlandse Transplantatiestichting (NTS) – (Netherlands Transplantation Foundation)










—


Regionale Indicatieorganen (RIO's) – (Regional bodies for Need Assessment).








Austria






—


All bodies under the budgetary control of the ‘Rechnungshof’ (Court of Auditors) exept those of an industrial or commercial nature.




Poland






1.


Public universities and academic schools






—


Uniwersytet w Białymstoku










—


Uniwersytet w Gdańsku










—


Uniwersytet Śląski










—


Uniwersytet Jagielloński w Krakowie










—


Uniwersytet Kardynała Stefana Wyszyńskiego










—


Katolicki Uniwersytet Lubelski










—


Uniwersytet Marii Curie-Skłodowskiej










—


Uniwersytet Łódzki










—


Uniwersytet Opolski










—


Uniwersytet im. Adama Mickiewicza










—


Uniwersytet Mikołaja Kopernika










—


Uniwersytet Szczeciński










—


Uniwersytet Warmińsko-Mazurski w Olsztynie










—


Uniwersytet Warszawski










—


Uniwersytet Rzeszowski










—


Uniwersytet Wrocławski










—


Uniwersytet Zielonogórski










—


Uniwersytet Kazimierza Wielkiego w Bydgoszczy










—


Akademia Techniczno-Humanistyczna w Bielsku-Białej










—


Akademia Górniczo-Hutnicza im, St Staszica w Krakowie










—


Politechnika Białostocka










—


Politechnika Częstochowska










—


Politechnika Gdańska










—


Politechnika Koszalińska










—


Politechnika Krakowska










—


Politechnika Lubelska










—


Politechnika Łódzka










—


Politechnika Opolska










—


Politechnika Poznańska










—


Politechnika Radomska im, Kazimierza Pułaskiego










—


Politechnika Rzeszowska im. Ignacego Łukasiewicza










—


Politechnika Szczecińska










—


Politechnika Śląska










—


Politechnika Świętokrzyska










—


Politechnika Warszawska










—


Politechnika Wrocławska










—


Akademia Morska w Gdyni










—


Wyższa Szkoła Morska w Szczecinie










—


Akademia Ekonomiczna im. Karola Adamieckiego w Katowicach










—


Akademia Ekonomiczna w Krakowie










—


Akademia Ekonomiczna w Poznaniu










—


Szkoła Główna Handlowa










—


Akademia Ekonomiczna im. Oskara Langego we Wrocławiu










—


Akademia Pedagogiczna im. KEN w Krakowie










—


Akademia Pedagogiki Specjalnej Im. Marii Grzegorzewskiej










—


Akademia Podlaska w Siedlcach










—


Akademia Świętokrzyska im. Jana Kochanowskiego w Kielcach










—


Pomorska Akademia Pedagogiczna w Słupsku










—


Akademia Pedagogiczna im. Jana Długosza w Częstochowie










—


Wyższa Szkoła Filozoficzno-Pedagogiczna ‘Ignatianum’ w Krakowie










—


Wyższa Szkoła Pedagogiczna w Rzeszowie










—


Akademia Techniczno-Rolnicza im. J. J. Śniadeckich w Bydgoszczy










—


Akademia Rolnicza im. Hugona Kołłątaja w Krakowie










—


Akademia Rolnicza w Lublinie










—


Akademia Rolnicza im. Augusta Cieszkowskiego w Poznaniu










—


Akademia Rolnicza w Szczecinie










—


Szkoła Główna Gospodarstwa Wiejskiego w Warszawie










—


Akademia Rolnicza we Wrocławiu










—


Akademia Medyczna w Białymstoku










—


Akademia Medyczna imt Ludwika Rydygiera w Bydgoszczy










—


Akademia Medyczna w Gdańsku










—


Śląska Akademia Medyczna w Katowicach










—


Collegium Medicum Uniwersytetu Jagiellońskiego w Krakowie










—


Akademia Medyczna w Lublinie










—


Uniwersytet Medyczny w Łodzi










—


Akademia Medyczna im. Karola Marcinkowskiego w Poznaniu










—


Pomorska Akademia Medyczna w Szczecinie










—


Akademia Medyczna w Warszawie










—


Akademia Medyczna im, Piastów Śląskich we Wrocławiu










—


Centrum Medyczne Kształcenia Podyplomowego










—


Chrześcijańska Akademia Teologiczna w Warszawie










—


Papieski Fakultet Teologiczny we Wrocławiu










—


Papieski Wydział Teologiczny w Warszawie










—


Instytut Teologiczny im. Błogosławionego Wincentego Kadłubka w Sandomierzu










—


Instytut Teologiczny im. Świętego Jana Kantego w Bielsku-Białej










—


Akademia Marynarki Wojennej im. Bohaterów Westerplatte w Gdyni










—


Akademia Obrony Narodowej










—


Wojskowa Akademia Techniczna im. Jarosława Dąbrowskiego w Warszawie










—


Wojskowa Akademia Medyczna im. Gen. Dyw. Bolesława Szareckiego w Łodzi










—


Wyższa Szkoła Oficerska Wojsk Lądowych im. Tadeusza Kościuszki we Wrocławiu










—


Wyższa Szkoła Oficerska Wojsk Obrony Przeciwlotniczej im. Romualda Traugutta










—


Wyższa Szkoła Oficerska im. gen. Józefa Bema w Toruniu










—


Wyższa Szkoła Oficerska Sił Powietrznych w Dęblinie










—


Wyższa Szkoła Oficerska im. Stefana Czarnieckiego w Poznaniu










—


Wyższa Szkoła Policji w Szczytnie










—


Szkoła Główna Służby Pożarniczej w Warszawie










—


Akademia Muzyczna im. Feliksa Nowowiejskiego w Bydgoszczy










—


Akademia Muzyczna im. Stanisława Moniuszki w Gdańsku










—


Akademia Muzyczna im. Karola Szymanowskiego w Katowicach










—


Akademia Muzyczna w Krakowie










—


Akademia Muzyczna im. Grażyny i Kiejstuta Bacewiczów w Łodzi










—


Akademia Muzyczna im, Ignacego Jana Paderewskiego w Poznaniu










—


Akademia Muzyczna im. Fryderyka Chopina w Warszawie










—


Akademia Muzyczna im. Karola Lipińskiego we Wrocławiu










—


Akademia Wychowania Fizycznego i Sportu im. Jędrzeja Śniadeckiego w Gdańsku










—


Akademia Wychowania Fizycznego w Katowicach










—


Akademia Wychowania Fizycznego im. Bronisława Czecha w Krakowie










—


Akademia Wychowania Fizycznego im. Eugeniusza Piaseckiego w Poznaniu










—


Akademia Wychowania Fizycznego Józefa Piłsudskiego w Warszawie










—


Akademia Wychowania Fizycznego we Wrocławiu










—


Akademia Sztuk Pięknych w Gdańsku










—


Akademia Sztuk Pięknych Katowicach










—


Akademia Sztuk Pięknych im, Jana Matejki w Krakowie










—


Akademia Sztuk Pięknych im, Władysława Strzemińskiego w Łodzi










—


Akademia Sztuk Pięknych w Poznaniu










—


Akademia Sztuk Pięknych w Warszawie










—


Akademia Sztuk Pięknych we Wrocławiu










—


Państwowa Wyższa Szkoła Teatralna im. Ludwika Solskiego w Krakowie










—


Państwowa Wyższa Szkoła Filmowa, Telewizyjna i Teatralna im, Leona Schillera w Łodzi










—


Akademia Teatralna im. Aleksandra Zelwerowicza w Warszawie










—


Państwowa Wyższa Szkoła Zawodowa im, Jana Pawła II w Białej Podlaskiej










—


Państwowa Wyższa Szkoła Zawodowa w Chełmie










—


Państwowa Wyższa Szkoła Zawodowa w Ciechanowie










—


Państwowa Wyższa Szkoła Zawodowa w Elblągu










—


Państwowa Wyższa Szkoła Zawodowa w Głogowie










—


Państwowa Wyższa Szkoła Zawodowa w Gorzowie Wielkopolskim










—


Państwowa Wyższa Szkoła Zawodowa im. Ks, Bronisława Markiewicza w Jarosławiu










—


Kolegium Karkonoskie w Jeleniej Górze










—


Państwowa Wyższa Szkoła Zawodowa im. Prezydenta Stanisława Wojciechowskiego w Kaliszu










—


Państwowa Wyższa Szkoła Zawodowa w Koninie










—


Państwowa Wyższa Szkoła Zawodowa w Krośnie










—


Państwowa Wyższa Szkoła Zawodowa im, Witelona w Legnicy










—


Państwowa Wyższa Szkoła Zawodowa im, Jana Amosa Kodeńskiego w Lesznie










—


Państwowa Wyższa Szkoła Zawodowa w Nowym Sączu










—


Państwowa Wyższa Szkoła Zawodowa w Nowym Targu










—


Państwowa Wyższa Szkoła Zawodowa w Nysie










—


Państwowa Wyższa Szkoła Zawodowa im, Stanisława Staszica w Pile










—


Państwowa Wyższa Szkoła Zawodowa w Płocku










—


Państwowa Wyższa Szkoła Wschodnioeuropejska w Przemyślu










—


Państwowa Wyższa Szkoła Zawodowa w Raciborzu










—


Państwowa Wyższa Szkoła Zawodowa im, Jana Gródka w Sanoku










—


Państwowa Wyższa Szkoła Zawodowa w Sulechowie










—


Państwowa Wyższa Szkoła Zawodowa im, Prof. Stanisława Tarnowskiego w Tarnobrzegu










—


Państwowa Wyższa Szkoła Zawodowa w Tarnowie










—


Państwowa Wyższa Szkoła Zawodowa im. Angelusa Silesiusa w Wałbrzychu










—


Państwowa Wyższa Szkoła Zawodowa we Włocławku










—


Państwowa Medyczna Wyższa Szkoła Zawodowa w Opolu










—


Państwowa Wyższa Szkoła Informatyki i Przedsiębiorczości w Łomży










—


Państwowa Wyższa Szkoła Zawodowa w Gnieźnie










—


Państwowa Wyższa Szkoła Zawodowa w Suwałkach










—


Państwowa Wyższa Szkoła Zawodowa w Wałczu










—


Państwowa Wyższa Szkoła Zawodowa w Oświęcimiu










—


Państwowa Wyższa Szkoła Zawodowa w Zamościu














2.


Cultural institutions of regional and local self-government










3.


National parks






—


Babiogórski Park Narodowy










—


Białowieski Park Narodowy










—


Biebrzański Park Narodowy










—


Bieszczadzki Park Narodowy










—


Drawieński Park Narodowy










—


Gorczański Park Narodowy










—


Kampinoski Park Narodowy










—


Karkonoski Park Narodowy










—


Magurski Park Narodowy










—


Narwiański Park Narodowy










—


Ojcowski Park Narodowy










—


Park Narodowy ‘Bory Tucholskie’
                                 










—


Park Narodowy Gór Stołowych










—


Park Narodowy ‘Ujście Warty’
                                 










—


Pieniński Park Narodowy










—


Poleski Park Narodowy










—


Roztoczański Park Narodowy










—


Słowiński Park Narodowy










—


Świętokrzyski Park Narodowy










—


Tatrzański Park Narodowy










—


Wielkopolski Park Narodowy










—


Wigierski Park Narodowy










—


Woliński Park Narodowy














4.


Public primary and secondary schools










5.


Public radio and TV broadcasters






—


Telewizja Polska S.A. (Polish TV)










—


Polskie Radio S.A. (Polish Radio)














6.


Public museums, theatres, libraries and other public cultural institutions






—


Muzeum Narodowe w Krakowie










—


Muzeum Narodowe w Poznaniu










—


Muzeum Narodowe w Warszawie










—


Zamek Królewski w Warszawie










—


Zamek Królewski na Wawelu – Państwowe Zbiory Sztuki










—


Muzeum Żup Krakowskich










—


Państwowe Muzeum Auschwitz-Birkenau










—


Państwowe Muzeum na Majdanku










—


Muzeum Stutthof w Sztutowie










—


Muzeum Zamkowe w Malborku










—


Centralne Muzeum Morskie










—


Muzeum ‘Łazienki Królewskie’
                                 










—


Muzeum Pałac w Wilanowie










—


Muzeum Łowiectwa i Jeździectwa w Warszawie










—


Muzeum Wojska Polskiego










—


Teatr Narodowy










—


Narodowy Stary Teatr Kraków










—


Teatr Wielki – Opera Narodowa










—


Filharmonia Narodowa










—


Galeria Zachęta










—


Centrum Sztuki Współczesnej










—


Centrum Rzeźby Polskiej w Orońsku










—


Międzynarodowe Centrum Kultury w Krakowie










—


Instytut im, Adama Mickiewicza










—


Dom Pracy Twórczej w Wigrach










—


Dom Pracy Twórczej w Radziejowicach










—


Instytut Dziedzictwa Narodowego










—


Biblioteka Narodowa










—


Instytut Książki










—


Polski Instytut Sztuki Filmowej










—


Instytut Teatralny










—


Filmoteka Narodowa










—


Narodowe Centrum Kultury










—


Muzeum Sztuki Nowoczesnej w Warszawie










—


Muzeum Historii Polski w Warszawie










—


Centrum Edukacji Artystycznej














7.


Public research institutions, research and development institutions and other research institutions










8.


Public Autonomous Health Care Management Units whose founding body is a regional or local self-government or association thereof










9.


Other






—


Polska Agencja Informacji i Inwestycji Zagranicznych – (Polish Information and Foreign Investment Agency)








Portugal






—


Institutos públicos sem carácter comercial ou industrial – (Public institutions without commercial or industrial character)










—


Serviços públicos personalizados – (Public services having legal personality)










—


Fundações públicas – (Public foundations)










—


Estabelecimentos públicos de ensino, investigação científica e saúde – (Public institutions for education, scientific research and health)










—


INGA (National Agricultural Intervention and Guarantee Institute/Instituto Nacional de Intervenção e Garantia Agrícola)










—


Instituto do Consumidor – (Institute for the Consumer)










—


Instituto de Meteorologia – (Institute for Meteorology)










—


Instituto da Conservação da Natureza – (Institute for Natural Conservation)










—


Instituto da Agua – (Water Institute)










—


ICEP / Instituto de Comércio Externo de Portugal










—


Instituto do Sangue – (Portuguese Blood Institute)




Romania






—


Academia Română (Romanian Academy)










—


Biblioteca Naţională a României (Romanian National Library)










—


Arhivele Naţionale (National Archives)










—


Institutul Diplomatic Român (Romanian Diplomatic Institute)










—


Institutul Cultural Român (Romanian Cultural Institute)










—


Institutul European din România (European Institute of Romania)










—


Institutul de Investigare a Crimelor Comunismului (Investigation Institute of Communism Crimes)










—


Institutul de Memorie Culturală (Institute for Cultural Memory)










—


Agenţia Naţională pentru Programe Comunitare în Domeniul Educaţiei şi Formării Profesionale (National Agency for Education and Training Community Programs)










—


Centrul European UNESCO pentru Invăţământul Superior (UNESCO European Centre for Higher Education)










—


Comisia Naţională a României pentru UNESCO (Romanian National Commission for UNESCO)










—


Societatea Română de Radiodifuziune (Romanian Radio-Broadcasting Company)










—


Societatea Română de Televiziune (Romanian Television Company)










—


Societatea Naţională pentru Radiocomunicaţii (National Radio Communication Company)










—


Centrul Naţional al Cinematografiei (National Cinematography Centre)










—


Studioul de Creaţie Cinematografică (Studio of Cinematography Creation)










—


Arhiva Naţională de Filme (National Film Archive)










—


Muzeul Naţional de Artă Contemporană (National Museum of Contemporary Art)










—


Palatul Naţional al Copiilor (National Children's Palace)










—


Centrul Naţional pentru Burse de Studii în Străinătate (National Centre for Scholarships Abroad)










—


Agenţia pentru Sprijinirea Studenţilor (Agency for Student Support)










—


Comitetul Olimpic şi Sportiv Român (Romanian Olympic and Sports Committee)










—


Agenţia pentru Cooperare Europeană în domeniul Tineretului (EUROTIN) (Agency for Youth European Cooperation)










—


Agenţia Naţională pentru Sprijinirea Iniţiativelor Tinerilor (ANSIT) (National Agency for Supporting Youth Initiatives)










—


Institutul Naţional de Cercetare pentru Sport (National Research Institute for Sports)










—


Consiliul Naţional pentru Combaterea Discriminării (National Council for Combating Discrimination)










—


Secretariatul de Stat pentru Problemele Revoluţionarilor din Decembrie 1989 (State Secretariat for December 1989 Revolutionaries Problems)










—


Secretariatul de Stat pentru Culte (State Secretariat for Cults)










—


Agenţia Naţională pentru Locuinţe (National Agency for Housing)










—


Casa Naţională de Pensii şi alte Drepturi de Asigurări Sociale (National House of Pension and Other Social Insurance Right)










—


Casa Naţională de Asigurări de Sănătate (National House of Health Insurance)










—


Inspecţia Muncii (Labor Inspection)










—


Oficiul Central de Stat pentru Probleme Speciale (Central State Office for Special Problems)










—


Inspectoratul General pentru Situaţii de Urgenţă (General Inspectorate for Emergency Situations)










—


Agenţia Naţională de Consultanţă Agrícola (National Agency for Agricultural Counseling)










—


Agenţia Naţională pentru Ameliorare şi Reproducţie în Zootehnie (National Agency for Improvement and Zoo-technical Reproduction)










—


Laboratorul Central pentru Carantină Fitosanitară (Central Laboratory of Phytosanitary Quarantine)










—


Laboratorul Central pentru Calitatea Seminţelor şi a Materialului Săditor (Central Laboratory for Seeds and Planting Material Quality)










—


Insitutul pentru Controlul produselor Biologice şi Medicamentelor de Uz Veterinar (Institute for the Control of Veterinary Biological Products and Medicine)










—


Institutul de Igienă şi Sănătate Publică şi Veterinară (Hygiene Institute of Veterinary Public Health)










—


Institutul de Diagnostic şi Sănătate Animală (Institute for Diagnosis and Animal Health)










—


Institutul de Stat pentru Testarea şi Inregistrarea Soiurilor (State Institute for Variety Testing and Registration)










—


Banca de Resurse GeneticeVegetale (Vegetal Genetically Resources Bank)










—


Agenţia Naţională pentru Dezvoltarea şi Implementarea Programelor de Reconstrucţie a Zonele Miniere (National Agency for the Development and the Implementation of the Mining Regions Reconstruction Programs)










—


Agenţia Naţională pentru Substanţe şi Preparate Chimice Periculoase (National Agency for Dangerous Chemical Substances)










—


Agenţia Naţională de Controlul Exporturilor Strategice şi al Interzicerii Armelor Chimice (National Agency for the Control of Strategic Exports and Prohibition of Chemical Weapons)










—


Administraţia Rezervaţiei Biosferei ‘Delta Dunării’ Tulcea (Administration for Natural Biosphere Reservation ‘Danube-Delta’ Tulcea)










—


Regia Naţională a Pădurilor (ROMSILVA) (National Forests Administration)










—


Administraţia Naţională a Rezervelor de Stat (National Administration of State Reserves)










—


Administraţia Naţională Apele Române (National Administration of Romanian Waters)










—


Administraţia Naţională de Meteorologie (National Administration of Meteorology)










—


Comisia Naţională pentru Reciclarea Materialelor (National Commission for Materials Recycling)










—


Comisia Naţională pentru Controlul Activităţilor Nucleare (National Commission for Nuclear Activity Control)










—


Agenţia Manageriala de Cercetare Stiinţifică, Inovare şi Transfer Tehnologic (Managerial Agency for Scientific Research, Innovation and Technology Transfer- AMCSIT)










—


Oficiul pentru Administrare şi Operare al Infrastructurii de Comunicaţii de Date ‘RoEduNet’ (Office for Administration and Operation of Data Communication Network – RoEduNe)










—


Inspecţia de Stat pentru Controlul Cazanelor, Recipientelor sub Presiune şi Instalaţiilor de Ridicat (State Inspection for the Control of Boilers, Pressure Vessels and Hoisting Equipment)










—


Centrul Român pentru Pregătirea şi Perfecţionarea Personalului din Transporturi Navale (Romanian Centre for Instruction and Training of Personnel Engaged in Naval Transport)










—


Inspectoratul Navigaţiei Civile (INC) (Inspectorate for Civil Navigation)










—


Regia Autonomă Registrul Auto Român (Autonomous Public Service Undertaking – Romanian Auto Register)










—


Agenţia Spaţială Română (Romanian Space Agency)










—


Scoala Superioară de Aviaţie Civilă (Superior School of Civil Aviation)










—


Aeroclubul României (Romanian Air-club)










—


Centrul de Pregătire pentru Personalul din Industrie Buşteni (Training Centre for Industry Personnel Busteni)










—


Centrul Român de Comerţ Exterior (Romanian Centre for Foreign Trade)










—


Centrul de Formare şi Management Bucureşti (Management and Formation Centre for Commerce Bucharest)










—


Agenţia de Cercetare pentru Tehnică şi Tehnologii militare (Research Agency for Military Techniques and Technology)










—


Asociaţia Română de Standardizare (ASRO) (Romanian Association of Standardization)










—


Asociaţia de Acreditare din România (RENAR) (Romanian Accreditation Association)










—


Comisia Naţională de Prognoză (CNP) (National Commission for Prognosis)










—


Institutul Naţional de Statistică (INS) (National Institute for Statistics)










—


Comisia Naţională a Valorilor Mobiliare (CNVM) (National Commission for Transferable Securities)










—


Comisia de Supraveghere a Asigurărilor (CSA) (Insurance Supervisory Commission)










—


Comisia de Supraveghere a Sistemului de Pensii Private (Supervisory Commission of Private Pensions System)










—


Consiliul Economic şi Social (CES) (Economic and Social Council)










—


Agenţia Domeniilor Statului (Agency of State Domains)










—


Oficiul Naţional al Registrului Comerţului (National Trade Register Office)










—


Autoritatea pentru Valorificarea Activelor Statului (AVAS) (Authority for State Assets Recovery)










—


Consiliul Naţional pentru Studierea Arhivelor Securităţii (National Council for Study of the Security Archives)










—


Avocatul Poporului (Peoples' Attorney)










—


Institutul Naţional de Administraţie (INA) (National Institute of Administration)










—


Inspectoratul Naţional pentru Evidenţa Persoanelor (National Inspectorate for Personal Records)










—


Oficiul de Stat pentru Invenţii şi Mărci (OSIM) (State Office for Inventions and Trademarks)










—


Oficiul Român pentru Drepturile de Autor (ORDA) (Romanian Copyright Office)










—


Oficiul Naţional al Monumentelor Istorice (National Office for Historical Monuments)










—


Oficiul Naţional de Prevenire şi Combatere a Spălării banilor (ONPCSB) (National Office for Preventing and Combating Money Laundering)










—


Biroul Român de Metrologie Legală (Romanian Bureau of Legal Metrology)










—


Inspectoratul de Stat în Construcţii (State Inspectorate for Constructions)










—


Compania Naţională de Investiţii (National Company for Investments)










—


Compania Naţională de Autostrăzi şi Drumuri Naţionale (Romanian National Company of Motorways and National Roads)










—


Agenţia Naţională de Cadastru şi Publicitate Imobiliară (National Agency for Land Registering and Real Estate Advertising)










—


Administraţia Naţională a Imbunătăţirilor Funciare (National Administration of Land Improvements)










—


Garda Financiară (Financial Guard)










—


Garda Naţională de Mediu (National Guard for Environment)










—


Institutul Naţional de Expertize Criminalistice (National Institute for Criminological Expertise)










—


Institutul Naţional al Magistraturii (National Institute of Magistracy)










—


Scoala Nationala de Grefieri (National School for Court Clerks)










—


Administraţia Generală a Penitenciarelor (General Administration of Penitentiaries)










—


Oficiul Registrului Naţional al Informaţiilor Secrete de Stat (The National Registry Office for Classified Information (ORNISS)










—


Autoritatea Naţională a Vămilor (National Customs Authority)










—


Banca Naţională a României (National Bank of Romania)










—


Regia Autonomă ‘Monetăria Statului’ (Autonomous Public Service Undertaking ‘State Mint of Romania’)










—


Regia Autonomă ‘Imprimeria Băncii Naţionale’ (Autonomous Public Service Undertaking ‘Printing House of the National Bank’)










—


Regia Autonomă ‘Monitorul Oficial’ (Autonomous Public Service Undertaking ‘Official Gazette’)










—


Oficiul Naţional pentru Cultul Eroilor (National Office for Heroes Cult)










—


Oficiul Român pentru Adopţii (Romanian Adoption Office)










—


Oficiul Român pentru Imigrări (Romanian Emigration Office)










—


Compania Naţională ‘Loteria Română’ (National Company ‘Romanian Lottery’)










—


Compania Naţională ‘ROMTEHNICA’ (National Company ‘ROMTEHNICA’)










—


Compania Naţională ‘ROMARM’ (National Company ‘ROMARM’)










—


Agenţia Naţională pentru Romi (National Agency for Roms)










—


Agenţia Naţională de Presă ‘ROMPRESS’ (National News Agency ‘ROMPRESS’)










—


Regia Autonomă ‘Administraţia Patrimoniului Protocolului de Stat’ (Autonomous Public Service Undertaking ‘Administration of State Patrimony and Protocol’)










—


Institute şi Centre de Cercetare (Research Institutes and Centers)










—


Institute şi Centre de Cercetare (Research Institutes and Centers)










—


Instituţii de Invăţământ de Stat (Education States Institutes)










—


Universităţi de Stat (State Universities)










—


Muzee (Museums)










—


Biblioteci de Stat (State Libraries)










—


Teatre de Stat, Opere, Operete, filarmonica, centre şi case de Cultură, (State Theaters, Operas, Philharmonic Orchestras, Cultural houses and Centers)










—


Reviste (Magazines)










—


Edituri (Publishing Houses)










—


Inspectorate Scolare, de Cultură, de Culte (School, Culture and Cults Inspectorates)










—


Complexuri, Federaţii şi Cluburi Sportive (Sport Federations and Clubs)










—


Spitale, Sanatorii, Policlinici, Dispensare, Centre Medicale, Institute medico-Legale, Staţii Ambulanţă (Hospitals, sanatoriums, Clinics, Medical Units, Legal-Medical Institutes, Ambulance Stations)










—


Unităţi de Asistenţă Socială (Social Assistance Units)










—


Tribunale (Courts)










—


Judecătorii (Law Judges)










—


Curţi de Apel (Appeal Courts)










—


Penitenciare (Penitentiaries)










—


Parchetele de pe lângă Instanţele Judecătoreşti (Prosecutor's Offices)










—


Unităţi Militare (Military Units)










—


Instanţe Militare (Military Courts)










—


Inspectorate de Poliţie (Police Inspectorates)










—


Centre de Odihnă (Resting Houses)




Slovenia






—


Javni zavodi s področja vzgoje, izobraževanja ter športa (Public institutes in the area of child care, education and sport)










—


Javni zavodi s področja zdravstva (Public institutes in the area of health care)










—


Javni zavodi s področja socialnega varstva (Public institutes in the area of social security)










—


Javni zavodi s področja kulture (Public institutes in the area of culture)










—


Javni zavodi s področja raziskovalne dejavnosti (Public institutes in the area of science and research)










—


Javni zavodi s področja kmetijstva in gozdarstva (Public institutes in the area of agriculture and forestry)










—


Javni zavodi s področja okolja in prostora (Public institutes in the area of environment and spatial planning)










—


Javni zavodi s področja gospodarskih dejavnosti (Public institutes in the area of economic activities)










—


Javni zavodi s področja malega gospodarstva in turizma (Public institutes in the area of small enterprises and tourism)










—


Javni zavodi s področja javnega reda in varnosti (Public institutes in the area of public order and security)










—


Agencije (Agencies)










—


Skladi socialnega zavarovanja (Social security funds)










—


Javni skladi na ravni države in na ravni občin (Public funds at the level of the central government and local communities)










—


Družba za avtoceste v RS (Motorway Company in the Republic of Slovenia)










—


Subjects created by State or local organs and falling under to the budget of the Republic of Slovenia or of local authorities










—


Other legal persons, corresponding to the definition of State persons provided by the ZJN-2, Article 3, 2nd paragraph




Slovakia






—


Any legal person constituted or established by particular legal regulation or administrative measure to the purpose of meeting needs in the general interest, not having industrial or commercial character, and at the same time satisfying at least one of the following conditions:






—


is fully or partially financed by a contracting authority, i. e. government authority, municipality, Self-government Region or other legal person, which satisfies at the same time conditions referred to in points (4)(a), (4)(b) and (4)(c) of Article 2(1) of Directive 2014/24/EU,










—


is managed or controlled by a contracting authority, i. e. by government authority, municipality, Self-government Region or other body governed by public law, which at the same time satisfies conditions referred to in points (4)(a), (4)(b) and (4)(c) of Article 2(1) of Directive 2014/24/EU,










—


contracting authority, i. e. government authority, municipality, Self-government Region or other legal person, which at the same time satisfies conditions referred to in points (4)(a), (4)(b) and (4)(c) of Article 2(1) of Directive 2014/24/EU, appoints or elects more than one half of the members of its managerial or supervisory board.








Such persons are bodies governed by public law exercising the activity, as for example:






—


Pursuant to Act No 532/2010 Coll. on Slovak Radio and Television,










—


Pursuant to Act No 581/2004 Coll. on health insurance companies in wording of the Act No 719/2004 Coll. providing public health insurance pursuant to Act No 580/2004 Coll. on health insurance in wording of Act No 718/2004 Coll.,










—


Pursuant to Act No 121/2005 Coll., by which the consolidated wording of the Act No 461/2003 Coll. on social insurance, as amended, has been promulgated.




Finland
Public or publicly controlled bodies and undertakings except those of an industrial or commercial nature.
Sweden
All non-commercial bodies whose public contracts are subject to supervision by the Swedish Competition Authority, including for instance:






—


Nordiska Museet (Nordic Museum)










—


Tekniska Museet (National Museum of Science and Technology)




United Kingdom
Bodies






—


Design Council










—


Health and Safety Executive










—


National Research Development Corporation










—


Public Health Laboratory Service Board










—


Advisory, Conciliation and Arbitration Service










—


Commission for the New Towns










—


National Blood Authority










—


National Rivers Authority










—


Scottish Enterprise










—


Ordnance Survey










—


Financial Services Authority




Categories






—


Maintained schools










—


Universities and colleges financed for the most part by other contracting authorities










—


National Museums and Galleries










—


Research Councils










—


Fire Authorities










—


National Health Service Strategic Health Authorities










—


Police Authorities










—


New Town Development Corporations










—


Urban Development Corporations






(1)  Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS), OJ EU L 154, 21.6.2003, as amended.

(2)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ EU L 94, 28.3.2014, p. 65), as amended.




ANNEX 9-C
UTILITIES AND OTHER ENTITIES WHICH PROCURE IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT
PART 1
SINGAPORE'S COMMITMENTS






Goods (specified in Annex 9-D)


Threshold: SDR 400 000 




Services (specified in Annex 9-E)


Threshold: SDR 400 000 




Construction (specified in Annex 9-F)


Threshold: SDR 5 000 000 




List of Entities:






 


Accounting and Corporate Regulating Authority










 


Agency for Science, Technology and Research










 


Agri-Food & Veterinary Authority










 


Board of Architects










 


Building and Construction Authority










 


Casino Regulatory Authority










 


Central Provident Fund Board










 


Civil Aviation Authority of Singapore










 


Civil Service College










 


Competition Commission of Singapore










 


Council for Estate Agents










 


Council for Private Education










 


Economic Development Board










 


Energy Market Authority










 


Health Promotion Board










 


Health Sciences Authority










 


Hotels Licensing Board










 


Housing and Development Board










 


Info–communications Development Authority of Singapore










 


Inland Revenue Authority of Singapore










 


Institute of Southeast Asian Studies










 


Institute of Technical Education










 


International Enterprise Singapore










 


Intellectual Property Office of Singapore










 


Land Transport Authority of Singapore










 


Jurong Town Corporation










 


Maritime and Port Authority of Singapore










 


Media Development Authority










 


Monetary Authority of Singapore










 


Nanyang Technological University










 


Nanyang Polytechnic










 


National Arts Council










 


National Environment Agency










 


National Heritage Board










 


National Library Board










 


National Parks Board










 


National University of Singapore










 


Ngee Ann Polytechnic










 


Preservation of Monuments Board










 


Professional Engineers Board










 


Public Transport Council










 


Public Utilities Board










 


Republic Polytechnic










 


Science Centre Board










 


Sentosa Development Corporation










 


Singapore Corporation of Rehabilitative Enterprises










 


Singapore Examinations and Assessment Board










 


Singapore Land Authority










 


Singapore Nursing Board










 


Singapore Polytechnic










 


Singapore Sports Council










 


Singapore Tourism Board










 


Singapore Workforce Development Agency










 


Standards, Productivity and Innovation Board










 


Temasek Polytechnic










 


Traditional Chinese Medicine Practioners Board










 


Urban Redevelopment Authority




Notes to Part 1 of Annex 9-C:






1.


Chapter Nine (Government Procurement) does not apply to any procurement made by a covered entity on behalf of a non-covered entity.










2.


Chapter Nine (Government Procurement) does not apply to any procurement of goods or services undertaken by the Public Utilities Board where such procurement is:






(a)


for the purpose of the efficient, adequate, and reliable supply of water when Singapore's water supply or related infrastructure face unanticipated stress, such as prolonged periods of dry weather, the contamination of the water supply or related infrastructure, or disruptions to Singapore's imports of water; or










(b)


related, in whole or in part, to the construction, expansion or repair of water infrastructure located outside the territory of Singapore but used or involved in the supply of water to Singapore.








PART 2
UNION'S COMMITMENTS






Goods (specified in Annex 9-D)


Threshold: SDR 400 000 




Services (specified in Annex 9-E)


Threshold: SDR 400 000 




Works (specified in Annex 9-F)


Threshold: SDR 5 000 000 




All contracting entities whose procurement is covered by the Union's utilities directive (1) and which are contracting authorities (e.g. those covered under Annex 9-A and Annex 9-B) or public undertakings (2) and which have as one of their activities any of those referred to below or any combination thereof:






(a)


the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks;










(b)


the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity or the supply of electricity to such networks;










(c)


the provision of airport or other terminal facilities to carriers by air;










(d)


the provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway;










(e)


the provision or operation of networks (3) providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolley bus, bus or cable; or










(f)


the provision or operation of networks providing a service to the public in the field of transport by railways (4).




Indicative lists of contracting authorities and public undertakings fulfilling the criteria set out above are provided after the Notes.
Notes to Part 2 of Annex 9-C:






1.


Procurement for the pursuit of an activity listed above when exposed to competitive forces in the market concerned are not covered by this Agreement.










2.


Chapter Nine (Government Procurement) does not cover procurement by procuring entities included in this Annex:






—


for the purchase of water and for the supply of energy or of fuels for the production of energy;










—


for purposes other than the pursuit of their activities as listed in this Annex or for the pursuit of such activities in a country which is not a member of the European Economic Area; or










—


for purposes of re-sale or hire to third parties, provided that the procuring entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the procuring entity.














3.


The supply of drinking water or electricity 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 paragraphs (a) or (b) of this Annex where:






—


the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that referred to in paragraphs (a) to (f) of this Annex; and










—


supply to the public network depends only on the entity's own consumption and has not exceeded 30 per cent of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year.














4.








(a)


Provided that the conditions in paragraph (b) are met, this Agreement does not cover procurement:






(i)


by a procuring entity to an affiliated undertaking (5), or










(ii)


by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities within the meaning of paragraphs (a) to (f) of this Annex, to an undertaking which is affiliated with one of these procuring entities.














(b)


Paragraph (a) shall apply to services or supplies contracts provided that at least 80 per cent of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives respectively from the provision of such services or supplies to undertakings with which it is affiliated (6).














5.


Chapter Nine (Government Procurement) does not cover procurement:






(a)


by a joint venture formed exclusively by a number of procuring entities for the purposes of carrying out activities within the meaning of paragraphs (a) to (f) of this Annex, to one of these procuring entities, or










(b)


by a procuring entity to such a joint venture of which it forms part, provided that the joint venture has been set up to carry out the activity concerned over a period of at least three years and the instrument setting up the joint venture stipulates that the procuring entities, which form it, will be part thereof for at least the same period.








Indicative lists by sectors of contracting authorities and public undertakings fulfilling the criteria laid down under Part 2 of Annex 9-C
I.   Production, transport or distribution of drinking water
Belgium






—


Local authorities and associations of local authorities, for this part of their activities










—


Société Wallonne des Eaux










—


Vlaams Maatschappij voor Watervoorziening




Bulgaria






—



                           ‘Тузлушка гора’ – ЕООД, Антоново










—



                           ‘В И К – Батак’ – ЕООД, Батак










—



                           ‘В и К – Белово’ – ЕООД, Белово










—



                           ‘Водоснабдяване и канализация Берковица’ – ЕООД, Берковица










—



                           ‘Водоснабдяване и канализация’ – ЕООД, Благоевград










—



                           ‘В и К – Бебреш’ – ЕООД, Ботевград










—



                           ‘Инфрастрой’ – ЕООД, Брацигово










—



                           ‘Водоснабдяване’ – ЕООД, Брезник










—



                           ‘Водоснабдяване и канализация’ – ЕАД, Бургас










—



                           ‘Лукойл Нефтохим Бургас’ АД, Бургас










—



                           ‘Бързийска вода’ – ЕООД, Бързия










—



                           ‘Водоснабдяване и канализация’ – ООД, Варна










—



                           ‘ВиК’ ООД, к.к. Златни пясъци










—



                           ‘Водоснабдяване и канализация Йовковци’ – ООД, Велико Търново










—



                           ‘Водоснабдяване, канализация и териториален водоинженеринг’ – ЕООД, Велинград










—



                           ‘ВИК’ – ЕООД, Видин










—



                           ‘Водоснабдяване и канализация’ – ООД, Враца










—



                           ‘В И К’ – ООД, Габрово










—



                           ‘В И К’ – ООД, Димитровград










—



                           ‘Водоснабдяване и канализация’ – ЕООД, Добрич










—



                           ‘Водоснабдяване и канализация – Дупница’ – ЕООД, Дупница










—


ЧПСОВ, в.с. Елени










—



                           ‘Водоснабдяване и канализация’ – ООД, Исперих










—



                           ‘Аспарухов вал’ ЕООД, Кнежа










—



                           ‘В И К – Кресна’ – ЕООД, Кресна










—



                           ‘Меден кладенец’ – ЕООД, Кубрат










—



                           ‘ВИК’ – ООД, Кърджали










—



                           ‘Водоснабдяване и канализация’ – ООД, Кюстендил










—



                           ‘Водоснабдяване и канализация’ – ООД, Ловеч










—



                           ‘В и К – Стримон’ – ЕООД, Микрево










—



                           ‘Водоснабдяване и канализация’ – ООД, Монтана










—



                           ‘Водоснабдяване и канализация – П’ – ЕООД, Панагюрище










—



                           ‘Водоснабдяване и канализация’ – ООД, Перник










—



                           ‘В И К’ – ЕООД, Петрич










—



                           ‘Водоснабдяване, канализация и строителство’ – ЕООД, Пещера










—



                           ‘Водоснабдяване и канализация’ – ЕООД, Плевен










—



                           ‘Водоснабдяване и канализация’ – ЕООД, Пловдив










—



                           ‘Водоснабдяване–Дунав’ – ЕООД, Разград










—



                           ‘ВКТВ’ – ЕООД, Ракитово










—


ЕТ ‘Ердуван Чакър’, Раковски










—



                           ‘Водоснабдяване и канализация’ – ООД, Русе










—



                           ‘Екопроект-С’ ООД, Русе










—



                           ‘УВЕКС’ – ЕООД, Сандански










—



                           ‘ВиК-Паничище’ ЕООД, Сапарева баня










—



                           ‘Водоснабдяване и канализация’ – ЕАД, Свищов










—



                           ‘Бяла’ – ЕООД, Севлиево










—



                           ‘Водоснабдяване и канализация’ – ООД, Силистра










—



                           ‘В и К’ – ООД, Сливен










—



                           ‘Водоснабдяване и канализация’ – ЕООД, Смолян










—



                           ‘Софийска вода’ – АД, София










—



                           ‘Водоснабдяване и канализация’ – ЕООД, София










—



                           ‘Стамболово’ – ЕООД, Стамболово










—



                           ‘Водоснабдяване и канализация’ – ЕООД, Стара Загора










—



                           ‘Водоснабдяване и канализация-С’ – ЕООД, Стрелча










—



                           ‘Водоснабдяване и канализация – Тетевен’ – ЕООД, Тетевен










—



                           ‘В и К – Стенето’ – ЕООД, Троян










—



                           ‘Водоснабдяване и канализация’ – ООД, Търговище










—



                           ‘Водоснабдяване и канализация’ – ЕООД, Хасково










—



                           ‘Водоснабдяване и канализация’ – ООД, Шумен










—



                           ‘Водоснабдяване и канализация’ – ЕООД, Ямбол




Czech Republic
All contracting entities in the sectors which supply services in the water management industry defined in section 4 paragraph 1 letters d), e) of Act. No 134/2016 Coll. on Public Procurement.
Examples of contracting entities:






—


Veolia Voda Česká Republika, a.s.










—


Pražské vodovody a kanalizace, a.s.










—


Severočeská vodárenská společnost a.s.










—


Severomoravské vodovody a kanalizace Ostrava a.s.










—


Ostravské vodárny a kanalizace a.s.




Denmark






—


Entities supplying water as defined in § 3(3) of lov om vandforsyning m.v., see Consolidation Act. No 71 of 17 January 2007.




Germany






—


Entities producing or distributing water pursuant to the Eigenbetriebsverordnungen or Eigenbetriebsgesetze of the Länder (public utility companies).










—


Entities producing or distributing water pursuant to the Gesetze über die kommunale Gemeinschaftsarbeit oder Zusammenarbeit of the Länder.










—


Entities producing water pursuant to the Gesetz über Wasser- und Bodenverbände of 12 February 1991, as last amended on 15 May 2002.










—


Publicly-owned companies producing or distributing water pursuant to the Kommunalgesetze, in particular the Gemeindeverordnungen of the Länder.










—


Undertakings set up pursuant to the Aktiengesetz of 6 September 1965, as last amended on 5 January 2007, or the GmbH-Gesetz of 20 April 1892, as last amended on 10 November 2006, or having the legal status of a Kommanditgesellschaft (limited partnership), producing or distributing water on the basis of a special contract with regional or local authorities.




Estonia






—


Entities operating pursuant to Article 10(3) of the Public Procurement Act (RT I 21.02.2007, 15, 76) and Article 14 of the Competition Act (RT I 2001, 56 332):






—


AS Haapsalu Veevärk;










—


AS Kuressaare Veevärk;










—


AS Narva Vesi;










—


AS Paide Vesi;










—


AS Pärnu Vesi;










—


AS Tartu Veevärk;










—


AS Valga Vesi;










—


AS Võru Vesi.








Ireland
Entities producing or distributing water pursuant to the Local Government [Sanitary Services] Act 1878 to 1964
Greece






—



                           ‘Εταιρεία Υδρεύσεως και Αποχετεύσεως Πρωτευούσης Α.Ε.’ (‘Ε.Υ.Δ.Α.Π.’ or ‘Ε.Υ.Δ.Α.Π. Α.Ε.’). The legal status of the company is governed by the provisions of Consolidated Law No 2190/1920, Law No 2414/1996 and additionally by the provisions of Law No 1068/80 and Law No 2744/1999.










—



                           ‘Εταιρεία Ύδρευσης και Αποχέτευσης Θεσσαλονίκης Α.Ε.’ (‘Ε.Υ.Α.Θ. Α.Ε.’) governed by the provisions of Law No 2937/2001 (Greek Official Gazette 169 Α') and of Law No 2651/1998 (Greek Official Gazette 248 Α').










—



                           ‘Δημοτική Επιχείρηση Ύδρευσης και Αποχέτευσης Μείζονος Περιοχής Βόλου’ (‘ΔΕΥΑΜΒ’), which operates pursuant to Law No 890/1979.










—



                           ‘Δημοτικές Επιχειρήσεις Ύδρευσης — Αποχέτευσης’, (Water Supply and Sewerage Municipal Companies) which produce and distribute water pursuant to Law No 1069/80 of 23 August 1980.










—



                           ‘Σύνδεσμοι Ύδρευσης’, (Municipal and Community Water Supply Associations) which operate pursuant to Presidential Decree No 410/1995, in accordance with the Κώδικoς Δήμων και Κοινοτήτων.










—



                           ‘Δήμοι και Κοινότητες’, (Municipalities and Communitites) which operate pursuant to Presidential Decree No 410/1995, in accordance with the Κώδικoς Δήμων και Κοινοτήτων.




Spain






—


Mancomunidad de Canales de Taibilla










—


Aigües de Barcelona S.A., y sociedades filiales










—


Canal de Isabel II










—


Agencia Andaluza del Agua










—


Agencia Balear de Agua y de la Calidad Ambiental










—


Other public entities which are part of or depend on the ‘Comunidades Autónomas’ and on the ‘Corporaciones locales’ and which are active in the field of drinking water distribution










—


Other private entities enjoying special or exclusive rights granted by the ‘Corporaciones locales’ in the field of drinking water distribution




France
Regional or local authorities and public local bodies producing or distributing drinking water:






—


Régies des eaux, (examples: Régie des eaux de Grenoble, régie des eaux de Megève, régie municipale des eaux et de l'assainissement de Mont-de-Marsan, régie des eaux de Venelles);










—


Water transport, delivery and production bodies (examples: Syndicat des eaux d'Ile de France, syndicat départemental d'alimentation en eau potable de la Vendée, syndicat des eaux et de l'assainissement du Bas-Rhin, syndicat intercommunal des eaux de la région grenobloise, syndicat de l'eau du Var-est, syndicat des eaux et de l'assainissement du Bas-Rhin).




Croatia
Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity of construction (providing) of fixed networks or managing fixed networks for public service delivery in relation to the production, transmission and distribution of drinking water and supplying fixed networks with drinking water; such as the entities established by the local self-government units acting as the public supplier of water supply services or drainage services in accordance with the Waters Act (Official Gazette 153/09 and 130/11).
Italy






—


Bodies responsible for managing the various stages of the water distribution service under the consolidated text of the laws on the direct assumption of control of public services by local authorities and provinces, approved by Regio Decreto No 2578 of 15 October 1925, D.P.R. No 902 of 4 October 1986 and Legislative Decree No 267 of 18 August 2000 setting out the consolidated text of the laws on the structure of local authorities, with particular reference to Articles 112 and 116










—


Acquedotto Pugliese S.p.A. (D.lgs. 11.5.1999 n. 141)










—


Ente acquedotti siciliani set up by Legge Regionale No 2/2 of 4 September 1979 and Lege Regionale No 81 of 9 August 1980, in liquidazione con Legge Regionale No 9 of 31 May 2004 (art. 1)










—


Ente sardo acquedotti e fognature set up by Law No 9 of 5 July 1963. Poi ESAF S.p.A. nel 2003 – confluita in ABBANOA S.p.A: ente soppresso il 29.7.2005 e posto in liquidazione con L.R. 21.4.2005 no 7 (art. 5, comma 1)- Legge finanziaria 2005




Cyprus






—


Τα Συμβούλια Υδατοπρομήθειας, distributing water in municipal and other areas pursuant to the περί Υδατοπρομήθειας Δημοτικών και Άλλων Περιοχών Νόμου, Κεφ. 350.




Latvia






—


Subjects of public and private law which produce transmit and distribute potable water to fixed system, and which make purchases according to law ‘Sabiedrisko pakalpojumu sniedzēju iepirkumu likums’
                        




Lithuania






—


Entities in compliance with the requirements of Article 70 (1, 2) of the Law on Public Procurement of the Republic of Lithuania (Official Gazette, No 84-2000, 1996; No 4-102, 2006) and executing drinking water production, transportation or distribution activity in accordance with in accordance with the Law on Drinking Water and Waste Water Management of the Republic of Lithuania (Official Gazette, No 82-3260, 2006).




Luxembourg






—


Departments of the local authorities responsible for water distribution










—


Associations of local authorities producing or distributing water, set up pursuant to the loi concernant la création des syndicats de communes of 23 February 2001, as amended and supplemented by the Law of 23 December 1958 and by the Law of 29 July 1981, and pursuant to the loi ayant pour objet le renforcement de l'alimentation en eau potable du Grand-Duché du Luxembourg à partir du réservoir d'Esch-sur-Sûre of 31 July 1962:






—


Syndicat de communes pour la construction, l'exploitation et l'entretien de la conduite d'eau du Sud-Est – SESE










—


Syndicat des Eaux du Barrage d'Esch-sur-Sûre – SEBES










—


Syndicat intercommunal pour la distribution d'eau dans la région de l'Est – SIDERE










—


Syndicat des Eaux du Sud – SES










—


Syndicat des communes pour la construction, l'exploitation et l'entretien d'une distribution d'eau à Savelborn-Freckeisen










—


Syndicat pour la distribution d'eau dans les communes de Bous, Dalheim, Remich, Stadtbredimus et Waldbredimus – SR










—


Syndicat de distribution d'eau des Ardennes – DEA










—


Syndicat de communes pour la construction, l'exploitation et l'entretien d'une distribution d'eau dans les communes de Beaufort, Berdorf et Waldbillig










—


Syndicat des eaux du Centre – SEC








Hungary






—


Entities producing, transporting or distributing of drinking water pursuant to Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 1995. évi LVII. törvény a vízgazdálkodásról.




Malta






—


Korporazzjoni għas-Servizzi ta' l-Ilma (Water Services Corporation)










—


Korporazzjoni għas-Servizzi ta' Desalinazzjoni (Water Desalination Services)




Netherlands
Entities producing or distributing water according to the Waterleidingwet
Austria
Local authorities and associations of local authorities producing, transporting or distributing drinking water pursuant to the Wasserversorgungsgesetze of the nine Länder
Poland
Water and sewerage companies within the meaning of ustawa z dnia 7 czerwca 2001 r., o zbiorowym zaopatrzeniu w wodę i zbiorowym odprowadzaniu ścieków, carrying on economic activity in the provision of water to the general public or the provision of sewage disposal services to the general public, including among others:






—


AQUANET S.A., Poznań










—


Górnośląskie Przedsiębiorstwo Wodociągów S.A. w Katowicach










—


Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji S.A. w Krakowie










—


Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji Sp. z o. o. Wrocław










—


Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji w Lublinie Sp. z o.o.










—


Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji w m. st. Warszawie S.A.










—


Rejonowe Przedsiębiorstwo Wodociągów i Kanalizacji w Tychach S.A,










—


Rejonowe Przedsiębiorstwo Wodociągów i Kanalizacji Sp. z o.o. w Zawierciu










—


Rejonowe Przedsiębiorstwo Wodociągów i Kanalizacji w Katowicach S.A.










—


Wodociągi Ustka Sp. z o.o.










—


Zakład Wodociągów i Kanalizacji Sp. z o.o. Łódź










—


Zakład Wodociągów i Kanalizacji Sp. z o.o., Szczecin




Portugal






—


Intermunicipal Systems – Undertakings involving the State or other public entities, with a majority shareholding, and private undertakings, pursuant to Decreto-Lei No 379/93 do 5 de Novembro 1993, alterado pelo Decreto-Lei No 176/99 do 25 de Outubro 1999, Decreto-Lei No 439-A/99 do 29 de Outubro 1999 and Decreto-Lei No 103/2003 do 23 de Maio 2003. Direct administration by the State is permissible.










—


Municipal Systems – Local authorities, associations of local authorities, local authority services, undertakings in which all or a majority of the capital is publicly owned or private undertakings pursuant to Lei 53-F/2006, do 29 de Dezembro 2006, and to Decreto-Lei No 379/93 do 5 de Novembro 1993 amended by Decreto-Lei No 176/99 of 25 October 1999, Decreto-Lei No 439-A/99 do 29 de Outubro 1999 e Decreto-Lei No 103/2003 do 23 de Maio 2003.




Romania
Departamente ale Autorităţilor locale şi Companii care produc, transportă şi distribuie apă (departments of the local authorities and companies that produces, transport and distribute water); examples:






—


S.C. APA –C.T.T.A. S.A. Alba Iulia, Alba










—


S.C. APA –C.T.T.A. S.A. Filiala Alba Iulia SA., Alba Iulia, Alba










—


S.C. APA –C.T.T.A. S.A Filiala Blaj, Blaj, Alba










—


Compania de Apă Arad










—


S.C. Aquaterm AG 98 S.A. Curtea de Argeş, Argeş










—


S.C. APA Canal 2000 S.A. Piteşti, Argeş










—


S.C. APA Canal S.A. Oneşti, Bacău










—


Compania de Apă-Canal, Oradea, Bihor










—


R.A.J.A. Aquabis Bistriţa, Bistriţa-Năsăud










—


S.C. APA Grup SA Botoşani, Botoşani










—


Compania de Apă, Braşov, Braşov










—


R.A. APA, Brăila, Brăila










—


S.C. Ecoaquasa Sucursala Călăraşi, Călăraşi, Călăraşi










—


S.C. Compania de Apă Someş S.A., Cluj, Cluj-Napoca










—


S.C. Aquasom S.A. Dej, Cluj










—


Regia Autonomă Judeţeană de Apă, Constanţa, Constanţa










—


R.A.G.C. Târgovişte, Dâmboviţa










—


R.A. APA Craiova, Craiova, Dolj










—


S.C. Apa-Canal S.A., Baileşti, Dolj










—


S.C. Apa-Prod S.A. Deva, Hunedoara










—


R.A.J.A.C. Iaşi, Iaşi










—


Direcţia Apă-Canal, Paşcani, Iaşi










—


Societatea Naţională a Apelor Minerale (SNAM)




Slovenia
Entities producing, transporting or distributing drinking water, in accordance with the concession act granted pursuant to the Zakon o varstvu okolja (Uradni list RS, 32/93, 1/96) and the decisions issued by the municipalities.








Mat. Št.


Naziv


Poštna Št.


Kraj




5015731


Javno Komunalno Podjetje Komunala Trbovlje D.O.O.


1420


Trbovlje




5067936


Komunala D.O.O. Javno Podjetje Murska Sobota


9000


Murska Sobota




5067804


Javno Komunalno Podjetje Komunala Kočevje D.O.O.


1330


Kočevje




5075556


Loška Komunala, Oskrba Z Vodo In Plinom, D.D. Škofja Loka


4220


Škofja Loka




5222109


Komunalno Podjetje Velenje D.O.O. Izvajanje Komunalnih Dejavnosti D.O.O.


3320


Velenje




5072107


Javno Komunalno Podjetje Slovenj Gradec D.O.O.


2380


Slovenj Gradec




1122959


Komunala Javno Komunalno Podjetje D.O.O. Gornji Grad


3342


Gornji Grad




1332115


Režijski Obrat Občine Jezersko


4206


Jezersko




1332155


Režijski Obrat Občine Komenda


1218


Komenda




1357883


Režijski Obrat Občine Lovrenc Na Pohorju


2344


Lovrenc Na Pohorju




1563068


Komuna, Javno Komunalno Podjetje D.O.O. Beltinci


9231


Beltinci




1637177


Pindža Javno Komunalno Podjetje D.O.O. Petrovci


9203


Petrovci




1683683


Javno Podjetje Edš - Ekološka Družba, D.O.O. Šentjernej


8310


Šentjernej




5015367


Javno Podjetje Kovod Postojna, Vodovod, Kanalizacija, D.O.O., Postojna


6230


Postojna




5015707


Komunalno Podjetje Vrhnika Proizvodnja In Distribucija Vode, D.D.


1360


Vrhnika




5016100


Komunalno Podjetje Ilirska Bistrica


6250


Ilirska Bistrica




5046688


Javno Podjetje Vodovod – Kanalizacija, D.O.O. Ljubljana


1000


Ljubljana




5062403


Javno Podjetje Komunala Črnomelj D.O.O.


8340


Črnomelj




5063485


Komunala Radovljica, Javno Podjetje Za Komunalno Dejavnost, D.O.O.


4240


Radovljica




5067731


Komunala Kranj, Javno Podjetje, D.O.O.


4000


Kranj




5067758


Javno Podjetje Komunala Cerknica D.O.O.


1380


Cerknica




5068002


Javno Komunalno Podjetje Radlje D.O.O. Ob Dravi


2360


Radlje Ob Dravi




5068126


Jkp, Javno Komunalno Podjetje D.O.O. Slovenske Konjice


3210


Slovenske Konjice




5068134


Javno Komunalno Podjetje Žalec D.O.O.


3310


Žalec




5073049


Komunalno Podjetje Ormož D.O.O.


2270


Ormož




5073103


Kop Javno Komunalno Podjetje Zagorje Ob Savi, D.O.O.


1410


Zagorje Ob Savi




5073120


Komunala Novo Mesto D.O.O., Javno Podjetje


8000


Novo Mesto




5102103


Javno Komunalno Podjetje Log D.O.O.


2390


Ravne Na Koroškem




5111501


Okp Javno Podjetje Za Komunalne Storitve Rogaška Slatina D.O.O.


3250


Rogaška Slatina




5112141


Javno Podjetje Komunalno Stanovanjsko Podjetje Litija, D.O.O.


1270


Litija




5144558


Komunalno Podjetje Kamnik D.D.


1241


Kamnik




5144574


Javno Komunalno Podjetje Grosuplje D.O.O.


1290


Grosuplje




5144728


Ksp Hrastnik Komunalno - Stanovanjsko Podjetje D.D.


1430


Hrastnik




5145023


Komunalno Podjetje Tržič D.O.O.


4290


Tržič




5157064


Komunala Metlika Javno Podjetje D.O.O.


8330


Metlika




5210461


Komunalno Stanovanjska Družba D.O.O. Ajdovščina


5270


Ajdovščina




5213258


Javno Komunalno Podjetje Dravograd


2370


Dravograd




5221897


Javno Podjetje Komunala D.O.O. Mozirje


3330


Mozirje




5227739


Javno Komunalno Podjetje Prodnik D.O.O.


1230


Domžale




5243858


Komunala Trebnje D.O.O.


8210


Trebnje




5254965


Komunala, Komunalno Podjetje D.O.O., Lendava


9220


Lendava - Lendva




5321387


Komunalno Podjetje Ptuj D.D.


2250


Ptuj




5466016


Javno Komunalno Podjetje Šentjur D.O.O.


3230


Šentjur




5475988


Javno Podjetje Komunala Radeče D.O.O.


1433


Radeče




5529522


Radenska-Ekoss, Podjetje Za Stanovanjsko, Komunalno In Ekološko Dejavnost, Radenci D.O.O.


9252


Radenci




5777372


Vit-Pro D.O.O. Vitanje; Komunala Vitanje, Javno Podjetje D.O.O.


3205


Vitanje




5827558


Komunalno Podjetje Logatec D.O.O.


1370


Logatec




5874220


Režijski Obrat Občine Osilnica


1337


Osilnica




5874700


Režijski Obrat Občine Turnišče


9224


Turnišče




5874726


Režijski Obrat Občine Črenšovci


9232


Črenšovci




5874734


Režijski Obrat Občine Kobilje


9223


Dobrovnik




5881820


Režijski Obrat Občina Kanal Ob Soči


5213


Kanal




5883067


Režijski Obrat Občina Tišina


9251


Tišina




5883148


Režijski Obrat Občina Železniki


4228


Železniki




5883342


Režijski Obrat Občine Zreče


3214


Zreče




5883415


Režijski Obrat Občina Bohinj


4264


Bohinjska Bistrica




5883679


Režijski Obrat Občina Črna Na Koroškem


2393


Črna Na Koroškem




5914540


Vodovod - Kanalizacija Javno Podjetje D.O.O. Celje


3000


Celje




5926823


Jeko - In, Javno Komunalno Podjetje, D.O.O., Jesenice


4270


Jesenice




5945151


Javno Komunalno Podjetje Brezovica D.O.O.


1352


Preserje




5156572


Kostak, Komunalno In Stavbno Podjetje D.D. Krško


8270


Krško




1162431


Vodokomunalni Sistemi Izgradnja In Vzdrževanje Vodokomunalnih Sistemov D.O.O. Velike Lašče


 


Velike Lašče




1314297


Vodovodna Zadruga Golnik, Z.O.O.


4204


Golnik




1332198


Režijski Obrat Občine Dobrovnik


9223


Dobrovnik - Dobronak




1357409


Režijski Obrat Občine Dobje


3224


Dobje Pri Planini




1491083


Pungrad, Javno Komunalno Podjetje D.O.O. Bodonci


9265


Bodonci




1550144


Vodovodi In Kanalizacija Nova Gorica D.D.


5000


Nova Gorica




1672860


Vodovod Murska Sobota Javno Podjetje D.O.O.


9000


Murska Sobota




5067545


Komunalno Stanovanjsko Podjetje Brežice D.D.


8250


Brežice




5067782


Javno Podjetje - Azienda Publica Rižanski Vodovod Koper D.O.O. - S.R.L.


6000


Koper - Capodistria




5067880


Mariborski Vodovod Javno Podjetje D.D.


2000


Maribor




5068088


Javno Podjetje Komunala D.O.O. Sevnica


8290


Sevnica




5072999


Kraški Vodovod Sežana Javno Podjetje D.O.O.


6210


Sežana




5073251


Hydrovod D.O.O. Kočevje


1330


Kočevje




5387647


Komunalno-Stanovanjsko Podjetje Ljutomer D.O.O.


9240


Ljutomer




5817978


Vodovodna Zadruga Preddvor, Z.B.O.


4205


Preddvor




5874505


Režijski Obrat Občina Laško


Laško


 




5880076


Režijski Obrat Občine Cerkno


5282


Cerkno




5883253


Režijski Obrat Občine Rače Fram


2327


Rače




5884624


Vodovodna Zadruga Lom, Z.O.O.


4290


Tržič




5918375


Komunala, Javno Podjetje, Kranjska Gora, D.O.O.


4280


Kranjska Gora




5939208


Vodovodna Zadruga Senično, Z.O.O.


4294


Križe




1926764


Ekoviz D.O.O.


9000


Murska Sobota




5077532


Komunala Tolmin, Javno Podjetje D.O.O.


5220


Tolmin




5880289


Občina Gornja Radgona


9250


Gornja Radgona




1274783


Wte Wassertechnik Gmbh, Podružnica Kranjska Gora


4280


Kranjska Gora




1785966


Wte Bled D.O.O.


4260


Bled




1806599


Wte Essen


3270


Laško




5073260


Komunalno Stanovanjsko Podjetje D.D. Sežana


6210


Sežana




5227747


Javno Podjetje Centralna Čistilna Naprava Domžale - Kamnik D.O.O.


1230


Domžale




1215027


Aquasystems Gospodarjenje Z Vodami D.O.O.


2000


Maribor




1534424


Javno Komunalno Podjetje D.O.O. Mežica


2392


Mežica




1639285


Čistilna Naprava Lendava D.O.O.


9220


Lendava - Lendva




5066310


Nigrad Javno Komunalno Podjetje D.D.


2000


Maribor




5072255


Javno Podjetje-Azienda Pubblica Komunala Koper, D.O.O. - S.R.L.


6000


Koper - Capodistria




5156858


Javno Podjetje Komunala Izola, D.O.O. Azienda Pubblica Komunala Isola, S.R.L.


6310


Izola - Isola




5338271


Gop Gradbena, Organizacijska In Prodajna Dejavnost, D.O.O.


8233


Mirna




5708257


Stadij, D.O.O., Hruševje


6225


Hruševje




5144647


Komunala, Javno Komunalno Podjetje Idrija, D.O.O.


5280


Idrija




5105633


Javno Podjetje Okolje Piran


6330


Piran - Pirano




5874327


Režijski Obrat Občina Kranjska Gora


4280


Kranjska Gora




1197380


Čista Narava, Javno Komunalno Podjetje D.O.O. Moravske Toplice


9226


Moravske Toplice




Slovakia






—


Entities operating public water systems in connection with production or transport and distribution of drinking water to the public on basis of trade licence and certificate of professional competency for operation of public water systems granted pursuant to Act. No 442/2002 Coll. in wording of Acts No 525/2003 Coll., No 364/2004 Coll., No 587/2004 Coll. and No 230/2005 Coll.,










—


Entities operating water management plant pursuant to conditions referred to in Act. No 364/2004 Coll. in wording of Acts No 587/2004 Coll. and No 230/2005 Coll., on basis of the permission granted pursuant to Act. No 135/1994 Coll. in wording of Acts No 52/1982 Coll., No 595/1990 Coll., No 128/1991 Coll., No 238/1993 Coll., No 416/2001 Coll., No 533/2001 Coll. and simultaneously provide for transport or distribution of drinking water to the public pursuant to Act. No 442/2002 Coll. in wording of Acts No 525/2003 Coll., No 364/2004 Coll., No 587/2004 Coll. and No 230/2005 Coll.




For example:






—


Bratislavská vodárenská spoločnosť, a.s.










—


Západoslovenská vodárenská spoločnosť, a.s.










—


Považská vodárenská spoločnosť, a.s.










—


Severoslovenské vodárne a kanalizácie, a.s.










—


Stredoslovenská vodárenská spoločnosť, a.s.










—


Podtatranská vodárenská spoločnosť, a.s.










—


Východoslovenská vodárenská spoločnosť, a.s.




Finland






—


Water supply authorities coming under Section 3 of the vesihuoltolaki/lagen om vattentjänster (119/2001).




Sweden
Local authorities and municipal companies producing, transporting or distributing drinking water pursuant to lagen (2006:412) om allmänna vattentjänster.
United Kingdom






—


A company holding an appointment as a water undertaker or a sewerage undertaker under the Water Industry Act. 1991;










—


A water and sewerage authority established by section 62 of the Local Government etc (Scotland) Act. 1994.




The Department for Regional Development (Northern Ireland)
II.   Production, transport or distribution of electricity
Belgium
Local authorities and associations of local authorities, for this part of their activities.






—


Société de Production d'Electricité / Elektriciteitsproductie Maatschappij.










—


Electrabel / Electrabel










—


Elia




Bulgaria
Entities licensed for production, transport, distribution, public delivery or supply by end supplier of electricity pursuant to Article 39(1) of the Закона за енергетиката (обн., ДВ, бр.107/09.12.2003):






—


АЕЦ Козлодуй - ЕАД










—


Болкан Енерджи АД










—


Брикел - ЕАД










—


Българско акционерно дружество Гранитоид АД










—


Девен АД










—


ЕВН България Електроразпределение АД










—


ЕВН България Електроснабдяване АД










—


ЕЙ И ЕС – 3С Марица Изток 1










—


Енергийна компания Марица Изток III - АД










—


Енерго-про България - АД










—


ЕОН България Мрежи АД










—


ЕОН България Продажби АД










—


ЕРП Златни пясъци АД










—


ЕСО ЕАД










—


ЕСП ‘Златни пясъци’ АД










—


Златни пясъци-сервиз АД










—


Калиакра Уинд Пауър АД










—


НЕК ЕАД










—


Петрол АД










—


Петрол Сторидж АД










—


Пиринска Бистрица-Енергия АД










—


Руно-Казанлък АД










—


Сентрал хидроелектрик дьо Булгари ЕООД










—


Слънчев бряг АД










—


ТЕЦ - Бобов Дол ЕАД










—


ТЕЦ - Варна ЕАД










—


ТЕЦ ‘Марица 3’ – АД










—


ТЕЦ Марица Изток 2 – ЕАД










—


Топлофикация Габрово – ЕАД










—


Топлофикация Казанлък – ЕАД










—


Топлофикация Перник – ЕАД










—


Топлофикация Плевен – ЕАД










—


ЕВН България Топлофикация – Пловдив - ЕАД










—


Топлофикация Русе – ЕАД










—


Топлофикация Сливен – ЕАД










—


Топлофикация София – ЕАД










—


Топлофикация Шумен – ЕАД










—


Хидроенергострой ЕООД










—


ЧЕЗ България Разпределение АД










—


ЧЕЗ Електро България АД




Czech Republic
All contracting entities in the sectors which supply services in the electricity sector defined in the section 4 paragraph 1 letter c) of No 134/2016 Coll. on Public Procurement, as amended.
Examples of contracting entities:






—


ČEPS, a.s.










—


ČEZ, a. s.










—


Dalkia Česká republika, a.s.










—


PREdistribuce, a.s.










—


Plzeňská energetika a.s.










—


Sokolovská uhelná, právní nástupce, a.s.




Denmark






—


Entities producing electricity on the basis of a licence pursuant to § 10 of lov om elforsyning, see Consolidation Act. No 1115 of 8 November 2006.










—


Entities transporting electricity on the basis of a licence pursuant to § 19 of lov om elforsyning, see Consolidation Act. No 1115 of 8 November 2006.










—


Transport of electricity carried out by Energinet Danmark or subsidiary companies fully owned by Energinet Danmark according to lov om Energinet Danmark § 2, stk. 2 og 3, see Act. No 1384 of 20 December 2004.




Germany
Local authorities, public law bodies or associations of public law bodies or State undertakings, supplying energy to other undertakings, operating an energy supply network or having power of disposal to an energy supply network by virtue of ownership pursuant to Article 3(18) of the Gesetz über die Elektrizitäts- und Gasversorgung (Energiewirtschaftsgesetz) of 24 April 1998, as last amended on 9 December 2006.
Estonia






—


Entities operating pursuant to Article 10(3) of the Public Procurement Act (RT I 21.02.2007, 15, 76) and Article 14 of the Competition Act (RT I 2001, 56 332):






—


AS Eesti Energia (Estonian Energy Ltd);










—


OÜ Jaotusvõrk (Jaotusvõrk LLC);










—


AS Narva Elektrijaamad (Narva Power Plants Ltd);










—


OÜ Põhivõrk (Põhivõrk LLC).








Ireland






—


The Electricity Supply Board










—


ESB Independent Energy [ESBIE – electricity supply]










—


Synergen Ltd. [electricity generation]










—


Viridian Energy Supply Ltd. [electricity supply]










—


Huntstown Power Ltd. [electricity generation]










—


Bord Gáis Éireann [electricity supply]










—


Electricity Suppliers and Generators licensed under the Electricity Regulation Act 1999










—


EirGrid plc




Greece

                     ‘Δημόσια Επιχείρηση Ηλεκτρισμού Α.Ε.’, set up by Law No 1468/1950 περί ιδρύσεως της ΔΕΗ and operates in accordance with Law No 2773/1999 and Presidential Decree No 333/1999.
Spain






—


Red Eléctrica de España, S.A.










—


Endesa, S.A.










—


Iberdrola, S.A.










—


Unión Fenosa, S.A.










—


Hidroeléctrica del Cantábrico, S.A.










—


Electra del Viesgo, S.A.










—


Other entities undertaking the production, transport and distribution of electricity, pursuant to ‘Ley 54/1997, de 27 de noviembre, del Sector eléctrico’ and its implementing legislation.




France






—


Électricité de France, set up and operating pursuant to Loi no 46-628 sur la nationalisation de l'électricité et du gaz of 8 April 1946, as amended.










—


RTE, manager of the electricity transport network.










—


Entities distributing electricity, mentioned in Article 23 of Loi no 46-628 sur la nationalisation de l'électricité et du gaz of 8 April 1946, as amended (mixed economy distribution companies, régies or similar services composed of regional or local authorities). Ex: Gaz de Bordeaux, Gaz de Strasbourg.










—


Compagnie nationale du Rhône.










—


Electricité de Strasbourg.




Croatia
Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity of construction (providing) of fixed networks or managing fixed networks for public service delivery in relation to the production, transmission and distribution of electric energy and supplying fixed networks with electric energy; such as the entities engaging in the said activities based on the Licence for carrying out energy activities in accordance with the Energy Act (Official Gazette 68/01, 177/04, 76/07, 152/08, 127/10).
Italy






—


Companies in the Gruppo Enel authorised to produce, transmit and distribute electricity within the meaning of Decreto Legislativo No 79 of 16 March 1999, as subsequently amended and supplemented.










—


TERNA- Rete elettrica nazionale SpA










—


Other undertakings operating on the basis of concessions under Decreto Legislativo No 79 of 16 March 1999.




Cyprus






—


Η Αρχή Ηλεκτρισμού Κύπρου established by the περί Αναπτύξεως Ηλεκτρισμού Νόμο, Κεφ. 171.










—


Διαχειριστής Συστήματος Μεταφοράς was established in accordance with article 57 of the Περί Ρύθμισης της Αγοράς Ηλεκτρισμού Νόμου 122(Ι) του 2003.




Other persons, entities or businesses which operate an activity which is established in Articles 8 or 9 of Directive 2014/25/EU of the European Parliament and of the Council (7) and which operate on the basis of a license granted by virtue of Article 34 of περί Ρύθμισης της αγοράς Ηλεκτρισμού Νόμου του 2003 {Ν. 122(Ι)/2003}.
Latvia
VAS ‘Latvenergo’ and other enterprises which produce, transmit and distribute electricity, and which make purchases according to law ‘Sabiedrisko pakalpojumu sniedzēju iepirkumu likums’.
Lithuania






—


State Enterprise Ignalina Nuclear Power Plant










—


Akcinė bendrovė ‘Lietuvos energija’
                        










—


Akcinė bendrovė ‘Lietuvos elektrinė’
                        










—


Akcinė bendrovė ‘Rytų skirstomieji tinklai’
                        










—


Akcinė bendrovė ‘VST’
                        










—


Other entities in compliance with the requirements of Article 70 (1, 2) of the Law on Public Procurement of the Republic of Lithuania (Official Gazette, No 84-2000, 1996; No 4-102, 2006) and executing electricity production, transportation or distribution activity pursuant to the Law on Electricity of the Republic of Lithuania (Official Gazette, No 66-1984, 2000; No 107-3964, 2004) and the Law on Nuclear Energy of the Republic of Lithuania (Official Gazette, No 119-2771, 1996).




Luxembourg






—


Compagnie grand-ducale d'électricité de Luxembourg (CEGEDEL), producing or distributing electricity pursuant to the convention concernant l'établissement et l'exploitation des réseaux de distribution d'énergie électrique dans le Grand-Duché du Luxembourg of 11 November 1927, approved by the Law of 4 January 1928.










—


Local authorities responsible for the transport or distribution of electricity.










—


Société électrique de l'Our (SEO).










—


Syndicat de communes SIDOR.




Hungary
Entities producing, transporting or distributing electricity pursuant to Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 2007. évi LXXXVI. törvény a villamos energiáról.
Malta
Korporazzjoni Enemalta (Enemalta Corporation)
Netherlands
Entities distributing electricity on the basis of a licence (vergunning) granted by the provincial authorities pursuant to the Provinciewet. For instance:






—


Essent










—


Nuon




Austria
Entities operating a transmission or distribution network pursuant to the Elektrizitätswirtschafts- und Organisationsgesetz, BGBl. I No 143/1998, as amended, or pursuant to the Elektrizitätswirtschafts(wesen)gesetze of the nine Länder.
Poland
Energy companies within the meaning of ustawa z dnia 10 kwietnia 1997 r. Prawo energetyczne, including among others:






—


BOT Elektrownia ‘Opole’ S.A., Brzezie










—


BOT Elektrownia Bełchatów S.A,










—


BOT Elektrownia Turów S.A., Bogatynia










—


Elbląskie Zakłady Energetyczne S.A. w Elblągu










—


Elektrociepłownia Chorzów ‘ELCHO’ Sp. z o.o.










—


Elektrociepłownia Lublin - Wrotków Sp. z o.o.










—


Elektrociepłownia Nowa Sarzyna Sp. z o.o.










—


Elektrociepłownia Rzeszów S.A.










—


Elektrociepłownie Warszawskie S.A.










—


Elektrownia ‘Kozienice’ S.A.










—


Elektrownia Stalowa ‘Wola’ S.A.










—


Elektrownia Wiatrowa, Sp. z o.o., Kamieńsk










—


Elektrownie Szczytowo-Pompowe S.A., Warszawa










—


ENEA S.A., Poznań










—


Energetyka Sp. z o.o, Lublin










—


EnergiaPro Koncern Energetyczny S.A., Wrocław










—


ENION S.A., Kraków










—


Górnośląski Zakład Elektroenergetyczny S.A., Gliwice










—


Koncern Energetyczny Energa S.A., Gdańsk










—


Lubelskie Zakłady Energetyczne S.A.










—


Łódzki Zakład Energetyczny S.A,










—


PKP Energetyka Sp. z o.o., Warszawa










—


Polskie Sieci Elektroenergetyczne S.A., Warszawa










—


Południowy Koncern Energetyczny S.A., Katowice










—


Przedsiębiorstwo Energetyczne w Siedlcach Sp. z o.o.










—


PSE-Operator S.A., Warszawa










—


Rzeszowski Zakład Energetyczny S.A,










—


Zakład Elektroenergetyczny ‘Elsen’ Sp. z o.o., Częstochowa










—


Zakład Energetyczny Białystok S.A,










—


Zakład Energetyczny Łódź-Teren S.A.










—


Zakład Energetyczny Toruń S.A.










—


Zakład Energetyczny Warszawa-Teren










—


Zakłady Energetyczne Okręgu Radomsko-Kieleckiego S.A.










—


Zespół Elektrociepłowni Bydgoszcz S.A.










—


Zespół Elektrowni Dolna Odra S.A., Nowe Czarnowo










—


Zespół Elektrowni Ostrołęka S.A.










—


Zespół Elektrowni Pątnów-Adamów-Konin S.A.










—


Polskie Sieci Elektroenergetyczne S.A,










—


Przedsiębiorstwo Energetyczne MEGAWAT Sp. Z.ο.ο.










—


Zespół Elektrowni Wodnych Niedzica S.A.










—


Energetyka Południe S.A.




Portugal
1.   Production of Electricity
Entities that produce elctricity pursuant to:






—


Decreto-Lei no 29/2006, de 15 de Fevereiro que estabelece as bases gerais da organização e o funcionamento dos sistema eléctrico nacional (SEN), e as bases gerais aplicáveis ao exercício das actividades de produção, transporte, distribuição e comercialização de electricidade e à organização dos mercados de electricidade;










—


Decreto-Lei no 172/2006, de 23 de Agosto, que desenvolve os princípios gerais relativos à organização e ao funcionamento do SEN, regulamentando o diploma a trás referido;










—


Entities that produce electricity under a special regime pursuant to Decreto-Lei no 189/88 de 27 de Maio, com a redacção dada pelos Decretos-Lei no 168/99, de 18 de Maio, no 313/95, de 24 de Novembro, no 538/99, de 13 de Dezembro, no 312/2001 e no 313/2001, ambos de 10 de Dezembro, Decreto-Lei no 339-C/2001, de 29 de Dezembro, Decreto-Lei no 68/2002, de 25 de Março, Decreto-Lei no 33-A/2005, de 16 de Fevereiro, Decreto-Lei no 225/2007, de 31 de Maio e Decreto-Lei no 363/2007, de 2 Novembro.




2.   Transport of Electricity:
Entities that transport electricity pursuant to:






—


Decreto-Lei no 29/2006, de 15 de Fevereiro e do Decreto-lei no 172/2006, de 23 de Agosto.




3.   Distribution of Electricity:






—


Entities that distribute electricity pursuant to Decreto-Lei no 29/2006, de 15 de Fevereiro, e do Decreto-lei no 172/2006, de 23 de Agosto.










—


Entities that distribute electricity pursuant to Decreto-Lei no 184/95, de 27 de Julho, com a redacção dada pelo Decreto-Lei no 56/97, de 14 de Março e do Decreto-Lei no 344-B/82, de 1 de Setembro, com a redacção dada pelos Decreto-Lei no 297/86, de 19 de Setembro, Decreto-Lei no 341/90, de 30 de Outubro e Decreto-Lei no 17/92, de 5 de Fevereiro.




Romania






—


Societatea Comercială de Producere a Energiei Electrice Hidroelectrica-SA Bucureşti (Commercial Company for Electrical Power Production Hidroelectrica – SA Bucharest)










—


Societatea Naţională ‘Nuclearelectrica’ SA (Nuclearelectrica S.A. National Company)










—


Societatea Comercială de Producere a Energiei Electrice şi Termice Termoelectrica SA (Commercial Company for Electrical Power and Thermal Energy Production Termoelectrica SA)










—


S.C. Electrocentrale Deva S.A. (SC Power Stations Deva SA)










—


S.C. Electrocentrale Bucureşti S.A. (SC Power Stations Bucharest SA)










—


S.C. Electrocentrale Galaţi SA (SC Power Stations Galaţi SA)










—


S.C. Electrocentrale Termoelectrica SA (SC Power Stations Termoelectrica SA)










—


S.C. Complexul Energetic Craiova SA (Commercial Company Craiova Energy Complex)










—


S.C. Complexul Energetic Rovinari SA (Commercial Company Rovinari Energy Complex)










—


S.C. Complexul Energetic Turceni SA (Commercial Company Turceni Energy Complex)










—


Compania Naţională de Transport a Energiei Electrice Transelectrica SA Bucureşti (‘Transelectrica’ Romanian Power Grid Company)










—


Societatea Comercială Electrica SA, Bucureşti










—


S.C. Filiala de Distribuţie a Energiei Electrice










—



                           ‘Electrica Distribuţie Muntenia Nord’ S.A










—


S.C. Filiala de Furnizare a Energiei Electrice










—



                           ‘Electrica Furnizare Muntenia Nord’ S.A










—


S.C. Filiala de Distribuţie şi Furnizare a Energiei Electrice Electrica Muntenia Sud (Electrical Energy Distribution and Supply Branch Electrica Muntenia Sud)










—


S.C. Filiala de Distribuţie a Energiei Electrice (Commercial Company for Electrical Energy Distribution)










—



                           ‘Electrica Distribuţie Transilvania Sud’ S.A










—


S.C. Filiala de Furnizare a Energiei Electrice (Commercial Company for Electrical Energy Supply)










—



                           ‘Electrica Furnizare Transilvania Sud’ S.A










—


S.C. Filiala de Distribuţie a Energiei Electrice (Commercial Company for Electrical Energy Distribution)










—



                           ‘Electrica Distribuţie Transilvania Nord’ S.A










—


S.C. Filiala de Furnizare a Energiei Electrice (Commercial Company for Electrical Energy Supply)










—



                           ‘Electrica Furnizare Transilvania Nord’ S.A










—


Enel Energie










—


Enel Distribuţie Banat










—


Enel Distribuţie Dobrogea










—


E.ON Moldova SA










—


CEZ Distribuţie




Slovenia
Entities producing, transporting or distributing electricity pursuant to the Energetski zakon (Uradni list RS, 79/99):








Mat. Št.


Naziv


Poštna Št.


Kraj




1613383


Borzen D.O.O.


1000


Ljubljana




5175348


Elektro Gorenjska D.D.


4000


Kranj




5223067


Elektro Celje D.D.


3000


Celje




5227992


Elektro Ljubljana D.D.


1000


Ljubljana




5229839


Elektro Primorska D.D.


5000


Nova Gorica




5231698


Elektro Maribor D.D.


2000


Maribor




5427223


Elektro - Slovenija D.O.O.


1000


Ljubljana




5226406


Javno Podjetje Energetika Ljubljana, D.O.O.


1000


Ljubljana




1946510


Infra D.O.O.


8290


Sevnica




2294389


Sodo Sistemski Operater Distribucijskega Omrežja Z Električno Energijo, D.O.O.


2000


Maribor




5045932


Egs-Ri D.O.O.


2000


Maribor




Slovakia
Entities providing for, on basis of permission, production, transport through transmission network system, distribution and supply for the public of electricity through distribution network pursuant to Act No 656/2004 Coll.
For example:






—


Slovenské elektrárne, a.s.










—


Slovenská elektrizačná prenosová sústava, a.s.










—


Západoslovenská energetika, a.s.










—


Stredoslovenská energetika, a.s.










—


Východoslovenská energetika, a.s.




Finland
Municipal entities and public enterprises producing electricity and entities responsible for the maintenance of electricity transport or distribution networks and for transporting electricity or for the electricity system under a licence pursuant to Section 4 or 16 of sähkömarkkinalaki/elmarknadslagen (386/1995) and pursuant to laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista (349/2007)/lag om upphandling inom sektorerna vatten, energi, transporter och posttjänster (349/2007).
Sweden
Entities transporting or distributing electricity on the basis of a concession pursuant to ellagen (1997:857)
United Kingdom






—


A person licensed under section 6 of the Electricity Act 1989










—


A person licensed under Article 10(1) of the Electricity (Northern Ireland) Order 1992










—


National Grid Electricity Transmission plc










—


System Operation Northern Irland Ltd










—


Scottish & Southern Energy plc










—


SPTransmission plc




III.   Airport Installations
Belgium






—


Brussels International Airport Company










—


Belgocontrol










—


Luchthaven Antwerpen










—


Internationale Luchthaven Oostende-Brugge










—


Société Wallonne des Aéroports










—


Brussels South Charleroi Airport










—


Liège Airport




Bulgaria
Главна дирекция ‘Гражданска въздухоплавателна администрация’ (General Directorate ‘Civil Aviation Administration’)
ДП ‘Ръководство на въздушното движение’
                  
Airport operators of civil airports for public use determined by the Council of Ministers pursuant to Article 43(3) of the Закона на гражданското въздухоплаване (обн., ДВ, бр.94/01.12.1972):






—



                           ‘Летище София’ ЕАД










—



                           ‘Фрапорт Туин Стар Еърпорт Мениджмънт’ АД










—



                           ‘Летище Пловдив’ ЕАД










—



                           ‘Летище Русе’ ЕООД










—



                           ‘Летище Горна Оряховица’ ЕАД




Czech Republic
All contracting entities in the sectors which exploit specified geographical area for the purposes of the provision and operation of airports (ruled by the section 4 paragraph 1 letter i) of No 134/2016 Coll. on Public Procurement, as amended).
Examples of contracting entities:






—


Česká správa letišť, s.p.










—


Letiště Karlovy Vary s.r.o.










—


Letiště Ostrava, a.s.










—


Správa Letiště Praha, s. p.




Denmark






—


Airports operating on the basis of an authorisation pursuant to § 55(1) of the lov om luftfart, see Consolidation Act No 731 of 21 June 2007.




Germany






—


Airports as defined in Article 38(2)(1) of the Luftverkehrs-Zulassungs-Ordnung of 19 June 1964, as last amended on 5 January 2007.




Estonia






—


Entities operating pursuant to Article 10 (3) of the Public Procurement Act (RT I 21.02.2007, 15, 76) and Article 14 of the Competition Act (RT I 2001, 56 332):






—


AS Tallinna Lennujaam (Tallinn Airport Ltd);










—


Tallinn Airport GH AS (Tallinn Airport GH Ltd).








Ireland






—


Airports of Dublin, Cork and Shannon managed byAer Rianta – Irish Airports.










—


Airports operating on the basis of a public use licence granted pursuant to the Irish Aviation Authority Act 1993 as amended by the Air Navigation and Transport (Amendment) Act, 1998, and at which any scheduled air services are performed by aircraft for the public transport of passengers, mail or cargo.




Greece






—



                           ‘Υπηρεσία Πολιτικής Αεροπορίας’ (‘ΥΠΑ’) operating pursuant to Legislative Decree No 714/70, as amended by Law No 1340/83; the organisation of the company is laid down by Presidential Decree No 56/89, as amended subsequently.










—


The company ‘Διεθνής Αερολιμένας Αθηνών’ at Spata operating pursuant to Legislative Decree No 2338/95 Κύρωση Σύμβασης Ανάπτυξης του Νέου Διεθνούς Αεροδρομίου της Αθήνας στα Σπάτα, ‘ίδρυση της εταιρείας “Διεθνής Αερολιμένας Αθηνών Α.Ε.” έγκριση περιβαλλοντικών όρων και άλλες διατάξεις’).










—



                           ‘Φορείς Διαχείρισης’ in accordance with Presidential Decree No 158/02 ‘Ίδρυση, κατασκευή, εξοπλισμός, οργάνωση, διοίκηση, λειτουργία και εκμε- τάλλευση πολιτικών αερολιμένων από φυσικά πρόσωπα, νομικά πρόσωπα ιδιωτικού δικαίου και Οργανισμούς Τοπικής Αυτοδιοίκησης’ (Greek Official Gazette Α 137).




Spain






—


Ente público Aeropuertos Españoles y Navegación Aérea (AENA).




France






—


Airports operated by State-owned companies pursuant to Articles L.251-1, L.260-1 and L.270-1 of the code de l'aviation civile.










—


Airports operating on the basis of a concession granted by the State pursuant to Article R.223-2 of the code de l'aviation civile.










—


Airports operating pursuant to an arrêté préfectoral portant autorisation d'occupation temporaire.










—


Airports set up by a public authority and which are the subject of a convention as laid down in Article L.221-1 of the code de l'aviation civile.










—


Airports whose property has been transferred to regional or local authorities or to a group of them pursuant to Loi no 2004-809 of 13 August 2004 relative aux libertés et responsabilités locales, notably its Article 28:






—


Aérodrome d'Ajaccio Campo-dell'Oro










—


Aérodrome d'Avignon










—


Aérodrome de Bastia-Poretta










—


Aérodrome de Beauvais-Tillé










—


Aérodrome de Bergerac-Roumanière










—


Aérodrome de Biarritz-Anglet-Bayonne










—


Aérodrome de Brest Bretagne










—


Aérodrome de Calvi-Sainte-Catherine










—


Aérodrome de Carcassonne en Pays Cathare










—


Aérodrome de Dinard-Pleurthuit-Saint-Malo










—


Aérodrome de Figari-Sud Corse










—


Aérodrome de Lille-Lesquin










—


Aérodrome de Metz-Nancy-Lorraine










—


Aérodrome de Pau-Pyrénées










—


Aérodrome de Perpignan-Rivesaltes










—


Aérodrome de Poitiers-Biard










—


Aérodrome de Rennes-Saint-Jacques














—


State-owned civilian airports whose management has been conceded to a chambre de commerce et d'industrie (Article 7 of Loi no 2005-357 of 21 April 2005 relative aux aéroports and Décret no 2007-444 of 23 February 2007 relatif aux aérodromes appartenant à l'Etat):






—


Aérodrome de Marseille-Provence










—


Aérodrome d'Aix-les-Milles et Marignane-Berre










—


Aérodrome de Nice Côte-d'Azur et Cannes-Mandelieu










—


Aérodrome de Strasbourg-Entzheim










—


Aérodrome de Fort-de France-le Lamentin










—


Aérodrome de Pointe-à-Pitre-le Raizet










—


Aérodrome de Saint-Denis-Gillot














—


Other State-owned civilian airports excluded from the transfer to regional and local authorities pursuant to Décret no 2005-1070 of 24 August 2005, as amended:






—


Aérodrome de Saint-Pierre Pointe Blanche










—


Aérodrome de Nantes Atlantique et Saint-Nazaire-Montoir














—


Aéroports de Paris (Loi no 2005-357 of 20 April 2005 and Décret no 2005-828 of 20 July 2005)




Croatia
Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity relating to the exploiting of a geographical area with the aim of making available airports and other terminal equipment to air transport operators; such as the entities engaging in the said activities based on the awarded concession in accordance with the Airports Act (Official Gazette 19/98 and 14/11).
Italy






—


From 1 January 1996, the Decreto Legislativo No 497 of 25 November 1995, relativo alla trasformazione dell'Azienda autonoma di assistenza al volo per il traffico aereo generale in ente pubblico economico, denominato ENAV, Ente nazionale di assistenza al volo, reconducted several times and subsequently transformed into law, Legge No 665 of 21 December 1996 has finally established the transformation of that entity into a share company (S.p.A) as from 1 January 2001.










—


Managing entities set up by special laws.










—


Entities operating airport facilities on the basis of a concession granted pursuant to Article 694 of the Codice della navigazione, Regio Decreto No 327 of 30 March 1942.










—


Airport entities, including the managing companies SEA (Milan) and ADR (Fiumicino).




Cyprus
Latvia






—


Valsts akciju sabiedrība ‘Latvijas gaisa satiksme’ (State public limited liability company ‘Latvijas gaisa satiksme’).










—


Valsts akciju sabiedrība ‘Starptautiskā lidosta “Rīga”
                           ’ (State public limited liability company ‘International airport “Rīga”
                           ’).










—


SIA Aviasabiedrība ‘Liepāja’ (Aviacompany Liepaja Ltd.).




Lithuania






—


State Enterprise Vilnius International Airport










—


State Enterprise Kaunas Airport










—


State Enterprise Palanga International Airport










—


State Enterprise ‘Oro navigacija’
                        










—


Municipal Enterprise ‘Šiaulių oro uostas’
                        










—


Other entities in compliance with the requirements of Article 70 (1, 2) of the Law on Public Procurement of the Republic of Lithuania (Official Gazette, No 84-2000, 1996; No 4-102, 2006) and operating in the field of airport installations in accordance with the Law on Aviation of the Republic of Lithuania (Official Gazette, No 94-2918, 2000).




Luxembourg






—


Aéroport du Findel.




Hungary






—


Airports operating pursuant to Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 1995. évi XCVII. törvény a légiközlekedésről.










—


Budapest Ferihegy Nemzetközi Repülőtér managed by Budapest Airport Rt. on the basis of 1995. évi XCVII. törvény a légiközlekedésről and 83/2006. (XII. 13.) GKM rendelet a légiforgalmi irányító szolgálatot ellátó és a légiforgalmi szakszemélyzet képzését végző szervezetről.




Malta






—


L-Ajruport Internazzjonali ta Malta (Malta International Airport).




Netherlands
Airports operating pursuant to Articles 18 and following of the Luchtvaartwet. For instance:






—


Luchthaven Schiphol.




Austria






—


Entities authorised to provide airport facilities pursuant to the Luftfahrtgesetz, BGBl. No 253/1957, as amended.




Poland






—


Public undertaking ‘Porty Lotnicze’ operating on the basis of ustawa z dnia 23 października 1987 r. o przedsiębiorstwie państwowym ‘Porty Lotnicze’
                        










—


Port Lotniczy Bydgoszcz S.A.










—


Port Lotniczy Gdańsk Sp. z o.o.










—


Górnośląskie Towarzystwo Lotnicze S.A. Międzynarodowy Port Lotniczy Katowice










—


Międzynarodowy Port Lotniczy im. Jana Pawła II Kraków - Balice Sp. z o.o










—


Lotnisko Łódź Lublinek Sp. z o.o.










—


Port Lotniczy Poznań - Ławica Sp. z o.o.










—


Port Lotniczy Szczecin - Goleniów Sp. z o. o.










—


Port Lotniczy Wrocław S.A.










—


Port Lotniczy im. Fryderyka Chopina w Warszawie










—


Port Lotniczy Rzeszów - Jasionka










—


Porty Lotnicze ‘Mazury- Szczytno’ Sp. z o. o. w Szczytnie










—


Port Lotniczy Zielona Góra - Babimost




Portugal






—


ANA – Aeroportos de Portugal, S.A., set up pursuant to Decreto-Lei No 404/98 do 18 de Dezembro 1998.










—


NAV – Empresa Pública de Navegação Aérea de Portugal, E. P., set up pursuant to Decreto-Lei No 404/98 do 18 de Dezembro 1998.










—


ANAM – Aeroportos e Navegação Aérea da Madeira, S. A., set up pursuant to Decreto-Lei No 453/91 do 11 de Dezembro 1991.




Romania






—


Compania Naţională ‘Aeroporturi Bucureşti’ SA (National Company ‘Bucharest Airports S.A.’)










—


Societatea Naţională ‘Aeroportul Internaţional Mihail Kogălniceanu-Constanţa’ (National Company ‘International Airport Mihail Kogălniceanu-Constanţa’ S.A.)










—


Societatea Naţională ‘Aeroportul Internaţional Timişoara-Traian Vuia’-SA (National Company International ‘International Airport Timişoara-Traian Vuia’-S.A.)










—


Regia Autonomă ‘Administraţia Română a Serviciilor de Trafic Aerian ROMAT SA’ (Autonomous Public Service Undertaking ‘Romanian Air Traffic Services Administration ROMAT S.A.’)










—


Aeroporturile aflate în subordinea Consiliilor Locale (Airports under Local Councils' subordination)










—


SC Aeroportul Arad SA (Arad Airport S.A. Commercial Company)










—


Regia Autonomă Aeroportul Bacău (Autonomous Public Service Undertaking Bacău Airport)










—


Regia Autonomă Aeroportul Baia Mare (Autonomous Public Service Undertaking Baia Mare Airport)










—


Regia Autonomă Aeroportul Cluj Napoca (Autonomous Public Service Undertaking Cluj Napoca Airport)










—


Regia Autonomă Aeroportul Internaţional Craiova (Autonomous Public Service Undertaking International Craiova Airport)










—


Regia Autonomă Aeroportul Iaşi (Autonomous Public Service Undertaking Iaşi Airport)










—


Regia Autonomă Aeroportul Oradea (Autonomous Public Service Undertaking Oradea Airport)










—


Regia Autonomă Aeroportul Satu-Mare (Autonomous Public Service Undertaking Satu-Mare Airport)










—


Regia Autonomă Aeroportul Sibiu (Autonomous Public Service Undertaking Sibiu Airport)










—


Regia Autonomă Aeroportul Suceava (Autonomous Public Service Undertaking Suceava Airport)










—


Regia Autonomă Aeroportul Târgu Mureş (Autonomous Public Service Undertaking Târgu Mureş Airport)










—


Regia Autonomă Aeroportul Tulcea (Autonomous Public Service Undertaking Tulcea Airport)










—


Regia Autonomă Aeroportul Caransebeş




Slovenia
Public civil airports that operate pursuant to the Zakon o letalstvu (Uradni list RS, 18/01)








Mat. Št.


Naziv


Poštna Št.


Kraj




1589423


Letalski Center Cerklje Ob Krki


8263


Cerklje Ob Krki




1913301


Kontrola Zračnega Prometa D.O.O.


1000


Ljubljana




5142768


Aerodrom Ljubljana D.D.


4210


Brnik-Aerodrom




5500494


Aerodrom Portorož, D.O.O.


6333


Sečovlje – Sicciole




Slovakia
Entities operating airports on basis of consent granted by state authority and entities providing for aerial telecommunications services pursuant to Act No 143/1998 Coll. in wording of Acts No 57/2001 Coll., No 37/2002 Coll., No 136/2004 Coll. and No 544/2004 Coll.
For example:






—


Letisko M.R.Štefánika, a.s., Bratislava










—


Letisko Poprad – Tatry, a.s.










—


Letisko Košice, a.s.




Finland
Airports managed by the ‘Ilmailulaitos Finavia/Luftfartsverket Finavia’, or by a municipal or public enterprise pursuant to the ilmailulaki/luftfartslagen (1242/2005) and laki Ilmailulaitoksesta/lag om Luftfartsverket (1245/2005).
Sweden






—


Publicly-owned and operated airports in accordance with luftfartslagen (1957:297)










—


Privately-owned and operated airports with an operating licence under the act, where this licence corresponds to the criteria of Article 2(3) of the Directive.




United Kingdom






—


A local authority which exploits a geographical area for the purpose of providing airport or other terminal facilities to carriers by air










—


An airport operator within the meaning of the Airports Act 1986 who has the management of an airport subject to economic regulation under Part IV of that Act.










—


Highland and Islands Airports Limited










—


An airport operator within the meaning of the Airports (Northern Ireland) Order 1994










—


BAA Ltd.




IV.   Maritime or inland port or other terminal facilities
Belgium






—


Gemeentelijk Havenbedrijf van Antwerpen










—


Havenbedrijf van Gent










—


Maatschappij der Brugse Zeevaartinrichtigen










—


Port autonome de Charleroi










—


Port autonome de Namur










—


Port autonome de Liège










—


Port autonome du Centre et de l'Ouest










—


Société régionale du Port de Bruxelles/Gewestelijk Vennootschap van de Haven van Brussel










—


Waterwegen en Zeekanaal










—


De Scheepvaart




Bulgaria
ДП ‘Пристанищна инфраструктура’
                  
Entities which on the bases of special or exclusive rights perform exploitation of ports for public transport with national importance or parts thereof, listed in Annex No 1 to Article 103a of the Закона за морските пространства, вътрешните водни пътища и пристанищата на Република България (обн., ДВ, бр.12/11.02.2000):






—



                           ‘Пристанище Варна’ ЕАД










—



                           ‘Порт Балчик’ АД










—



                           ‘БМ Порт’ АД










—



                           ‘Пристанище Бургас’ ЕАД










—



                           ‘Пристанищен комплекс – Русе’ ЕАД










—



                           ‘Пристанищен комплекс – Лом’ ЕАД










—



                           ‘Пристанище Видин’ ЕООД










—



                           ‘Драгажен флот – Истър’ АД










—



                           ‘Дунавски индустриален парк’ АД




Entities which on the bases of special or exclusive rights perform exploitation of ports for public transport with regional importance or parts thereof, listed in Annex No 2 to Article 103a of the Закона за морските пространства, вътрешните водни пътища и пристанищата на Република България (обн., ДВ, бр.12/11.02.2000):






—



                           ‘Фиш Порт’ АД










—


Кораборемонтен завод ‘Порт - Бургас’ АД










—



                           ‘Либърти металс груп’ АД










—



                           ‘Трансстрой – Бургас’ АД










—



                           ‘Одесос ПБМ’ АД










—



                           ‘Поддържане чистотата на морските води’ АД










—



                           ‘Поларис 8’ ООД










—



                           ‘Лесил’ АД










—



                           ‘Ромпетрол – България’ АД










—



                           ‘Булмаркет – ДМ’ ООД










—



                           ‘Свободна зона – Русе’ ЕАД










—



                           ‘Дунавски драгажен флот’ – АД










—



                           ‘Нарен’ ООД










—



                           ‘ТЕЦ Свилоза’ АД










—


НЕК ЕАД – клон ‘АЕЦ – Белене’
                        










—



                           ‘Нафтекс Петрол’ ЕООД










—



                           ‘Фериботен комплекс’ АД










—



                           ‘Дунавски драгажен флот Дуним’ АД










—



                           ‘ОМВ България’ ЕООД










—


СО МАТ АД – клон Видин










—



                           ‘Свободна зона – Видин’ ЕАД










—



                           ‘Дунавски драгажен флот Видин’
                        










—



                           ‘Дунав турс’ АД










—



                           ‘Меком’ ООД










—



                           ‘Дубъл Ве Ко’ ЕООД




Czech Republic
All contracting entities in the sectors which exploit specified geographical area for the purposes of the provision and operation of maritime or inland ports or other terminal facilities to carriers by air, sea or inland waterways (ruled by the section 4 paragraph 1 letter i) of No 134/2016 Coll. on Public Procurement, as amended).
Examples of contracting entities:






—


České přístavy, a.s.




Denmark






—


Ports as defined in § 1 of lov om havne, see Act No 326 of 28 May 1999
                        




Germany






—


Seaports owned totally or partially by territorial authorities (Länder, Kreise Gemeinden)










—


Inland ports subject to the Hafenordnung pursuant to the Wassergesetze of the Länder




Estonia






—


Entities operating pursuant to Article 10 (3) of the Public Procurement Act (RT I 21.02.2007, 15, 76) and Article 14 of the Competition Act (RT I 2001, 56 332):






—


AS Saarte Liinid;










—


AS Tallinna Sadam.








Ireland






—


Ports operating pursuant to Harbours Acts 1946 to 2000










—


Port of Rosslare Harbour operating pursuant to the Fishguard and Rosslare Railways and Harbours Acts 1899




Greece






—



                           ‘Οργανισμός Λιμένος Βόλου Ανώνυμη Εταιρεία’ (‘Ο.Λ.Β. Α.Ε.’), pursuant to Law No 2932/01.










—



                           ‘Οργανισμός Λιμένος Ελευσίνας Ανώνυμη Εταιρεία’ (‘Ο.Λ.Ε. Α.Ε.’), pursuant to Law No 2932/01.










—



                           ‘Οργανισμός Λιμένος Ηγουμενίτσας Ανώνυμη Εταιρεία’ (‘Ο.Λ.ΗΓ. Α.Ε.’), pursuant to Law No 2932/01.










—



                           ‘Οργανισμός Λιμένος Ηρακλείου Ανώνυμη Εταιρεία’ (‘Ο.Λ.Η. Α.Ε.’), pursuant to Law No 2932/01.










—



                           ‘Οργανισμός Λιμένος Καβάλας Ανώνυμη Εταιρεία’ (‘Ο.Λ.Κ. Α.Ε.’), pursuant to Law No 2932/01.










—



                           ‘Οργανισμός Λιμένος Κέρκυρας Ανώνυμη Εταιρεία’ (‘Ο.Λ.ΚΕ. Α.Ε.’), pursuant to Law No 2932/01.










—



                           ‘Οργανισμός Λιμένος Πατρών Ανώνυμη Εταιρεία’ (‘Ο.Λ.ΠΑ. Α.Ε.’), pursuant to Law No 2932/01.










—



                           ‘Οργανισμός Λιμένος Λαυρίου Ανώνυμη Εταιρεία’ (‘Ο.Λ.Λ. Α.Ε.’), pursuant to Law No 2932/01.










—



                           ‘Οργανισμός Λιμένος Ραφήνας Ανώνυμη Εταιρεία’ (‘Ο.Λ.Ρ. Α.Ε’), pursuant to Law No 2932/01.










—


(Port Authorities)










—


Other ports, Δημοτικά και Νομαρχιακά Ταμεία (Municipal and Prefectural Ports) governed by Presidential Decree No 649/1977, Law 2987/02, Pres. Decree 362/97 and Law 2738/99.




Spain






—


Ente público Puertos del Estado










—


Autoridad Portuaria de Alicante










—


Autoridad Portuaria de Almería – Motril










—


Autoridad Portuaria de Avilés










—


Autoridad Portuaria de la Bahía de Algeciras










—


Autoridad Portuaria de la Bahía de Cádiz










—


Autoridad Portuaria de Baleares










—


Autoridad Portuaria de Barcelona










—


Autoridad Portuaria de Bilbao










—


Autoridad Portuaria de Cartagena










—


Autoridad Portuaria de Castellón










—


Autoridad Portuaria de Ceuta










—


Autoridad Portuaria de Ferrol – San Cibrao










—


Autoridad Portuaria de Gijón










—


Autoridad Portuaria de Huelva










—


Autoridad Portuaria de Las Palmas










—


Autoridad Portuaria de Málaga










—


Autoridad Portuaria de Marín y Ría de Pontevedra










—


Autoridad Portuaria de Melilla










—


Autoridad Portuaria de Pasajes










—


Autoridad Portuaria de Santa Cruz de Tenerife










—


Autoridad Portuaria de Santander










—


Autoridad Portuaria de Sevilla










—


Autoridad Portuaria de Tarragona










—


Autoridad Portuaria de Valencia










—


Autoridad Portuaria de Vigo










—


Autoridad Portuaria de Villagarcía de Arousa










—


Other port authorities of the ‘Comunidades Autónomas’ of Andalucía, Asturias, Baleares, Canarias, Cantabria, Cataluña, Galicia, Murcia, País Vasco y Valencia.




France






—


Port autonome de Paris set up pursuant to Loi no 68-917 relative au port autonome de Paris of 24 October 1968.










—


Port autonome de Strasbourg set up pursuant to the convention entre l'Etat et la ville de Strasbourg relative à la construction du port rhénan de Strasbourg et à l'exécution de travaux d'extension de ce port of 20 May 1923, approved by the Law of 26 April 1924.










—


Ports autonomes operating pursuant to Articles L. 111-1 et seq. of the code des ports maritimes, having legal personality:






—


Port autonome de Bordeaux










—


Port autonome de Dunkerque










—


Port autonome de La Rochelle










—


Port autonome du Havre










—


Port autonome de Marseille










—


Port autonome de Nantes-Saint-Nazaire










—


Port autonome de Pointe-à-Pitre










—


Port autonome de Rouen














—


Ports without legal personality, property of the State (décret no 2006-330 of 20 march 2006 fixant la liste des ports des départements d'outre-mer exclus du transfert prévu à l'article 30 de la loi du 13 août 2004 relative aux libertés et responsabilités locales), whose management has been conceded to the local chambres de commerce et d'industrie:






—


Port de Fort de France (Martinique)










—


Port de Dégrad des Cannes (Guyane)










—


Port-Réunion (île de la Réunion)










—


Ports de Saint-Pierre et Miquelon














—


Ports without legal personality whose property has been transferred to the regional or local authorities, and whose management has been committed to the local chambres de commerce et d'industrie (Article 30 of Loi no 2004-809 of 13 August 2004 04 relative aux libertés et responsabilités locales, as amended by Loi no 2006-1771 of 30 December 2006):






—


Port de Calais










—


Port de Boulogne-sur-Mer










—


Port de Nice










—


Port de Bastia










—


Port de Sète










—


Port de Lorient










—


Port de Cannes










—


Port de Villefranche-sur-Mer














—


Voies navigables de France, public body subject to Article 124 of Loi no 90-1168 of 29 December 1990, as amended.




Croatia
Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity relating to the exploiting of a geographical area with the aim of making available sea ports, river ports and other transport terminals to operators in sea or river transport; such as the entities engaging in the said activities based on the awarded concession in accordance with the Maritime Domain and Seaports Act (Official Gazette 158/03, 100/04, 141/06 and 38/09).
Italy






—


State ports (Porti statali) and other ports managed by the Capitaneria di Porto pursuant to the Codice della navigazione, Regio Decreto No 327 of 30 March 1942
                        










—


Autonomous ports (enti portuali) set up by special laws pursuant to Article 19 of the Codice della navigazione, Regio Decreto No 327 of 30 March 1942
                        




Cyprus
Η Αρχή Λιμένων Κύπρου established by the περί Αρχής Λιμένων Κύπρου Νόμο του 1973.
Latvia
Authorities, which govern ports in accordance with the law ‘Likumu par ostām’:






—


Rīgas brīvostas pārvalde










—


Ventspils brīvostas pārvalde










—


Liepājas speciālas ekonomiskās zona pārvalde










—


Salacgrīvas ostas pārvalde










—


Skultes ostas pārvalde










—


Lielupes ostas pārvalde










—


Engures ostas pārvalde










—


Mērsraga ostas pārvalde










—


Pāvilostas ostas pārvalde










—


Rojas ostas pārvalde




Other institutions which make purchases according to law ‘Sabiedrisko pakalpojumu sniedzēju iepirkumu likums’ and which govern ports in accordance with the law ‘Likumu par ostām’.
Lithuania






—


State Enterprise Klaipėda State Sea Port Administration acting in compliance with the Law on the Klaipėda State Sea Port Administration of the Republic of Lithuania (Official Gazette, No 53-1245, 1996);










—


State Enterprise ‘Vidaus vandens kelių direkcija’ acting in compliance with the Code on Inland Waterways Transport of the Republic of Lithuania (Official Gazette, No 105-2393, 1996);










—


Other entities in compliance with the requirements of Article 70 (1, 2) of the Law on Public Procurement of the Republic of Lithuania (Official Gazette, No 84-2000, 1996; No 4-102, 2006) and operating in the field of maritime or inland port or other terminal facilities in accordance with the Code of Inland Waterways Transport of the Republic of Lithuania).




Luxembourg






—


Port de Mertert, set up and operating pursuant to the loi relative à l'aménagement et à l'exploitation d'un port fluvial sur la Moselle of 22 July 1963, as amended.




Hungary






—


Ports operating pursuant to Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 2000. évi XLII. törvény a vízi közlekedésről.




Malta






—


L-Awtorita' Marittima ta' Malta (Malta Maritime Authority)




Netherlands
Contracting entities in the field of sea port or inland port or other terminal equipment. For instance:






—


Havenbedrijf Rotterdam




Austria






—


Inland ports owned totally or partially by the Länder and/or Gemeinden.




Poland
Entities established on the basis of ustawa z dnia 20 grudnia 1996 r. o portach i przystaniach morskich, including among others:






—


Zarząd Morskiego Portu Gdańsk S.A.










—


Zarząd Morskiego Portu Gdynia S.A.










—


Zarząd Portów Morskich Szczecin i Świnoujście S.A.










—


Zarząd Portu Morskiego Darłowo Sp. z o.o.










—


Zarząd Portu Morskiego Elbląg Sp. z o.o.










—


Zarząd Portu Morskiego Kołobrzeg Sp. z o.o.










—


Przedsiębiorstwo Państwowe Polska Żegluga Morska




Portugal






—


APDL – Administração dos Portos do Douro e Leixões, S.A., pursuant to Decreto-Lei No 335/98 do 3 de Novembro 1998.










—


APL – Administração do Porto de Lisboa, S.A., pursuant to Decreto-Lei No 336/98 of do 3 de Novembro 1998.










—


APS – Administração do Porto de Sines, S.A., pursuant to Decreto-Lei No 337/98 do 3 de Novembro 1998.










—


APSS – Administração dos Portos de Setúbal e Sesimbra, S.A., pursuant to Decreto-Lei No 338/98 do 3 de Novembro 1998.










—


APA – Administração do Porto de Aveiro, S.A., pursuant to Decreto-Lei No 339/98 do 3 de Novembro 1998.










—


Instituto Portuário dos Transportes Marítimos, I.P. (IPTM, I.P.), pursuant to Decreto-Lei No 146/2007, do 27 de Abril 2007.




Romania






—


Compania Naţională ‘Administraţia Porturilor Maritime’ SA Constanţa










—


Compania Naţională ‘Administraţia Canalelor Navigabile SA’
                        










—


Compania Naţională de Radiocomunicaţii Navale ‘RADIONAV’ SA










—


Regia Autonomă ‘Administraţia Fluvială a Dunării de Jos’
                        










—


Compania Naţională ‘Administraţia Porturilor Dunării Maritime’
                        










—


Compania Naţională ‘Administraţia Porturilor Dunării Fluviale’ SA










—


Porturile: Sulina, Brăila, Zimnicea şi Turnul-Măgurele




Slovenia
Sea ports in full or partial state ownership performing economic public service pursuant to the Pomorski Zakonik (Uradni list RS, 56/99).








Mat. Št.


Naziv


Poštna Št.


Kraj




5144353


LUKA KOPER D.D.


6000


KOPER - CAPODISTRIA




5655170


Sirio d.o.o.


6000


KOPER




Slovakia
Entities operating non public inland ports for operating of river transport by carriers on basis of the consent granted by the state authority or entities established by the state authority for operating of public river ports pursuant to Act No 338/2000 Coll. in wording of Acts No 57/2001 Coll. and No 580/2003 Coll.
Finland






—


Ports operating pursuant to the laki kunnallisista satamajärjestyksistä ja liikennemaksuista/lagen om kommunala hamnanordningar och trafikavgifter (955/1976) and ports instituted under a licence pursuant to section 3 of the laki yksityisistä yleisistä satamista/lagen om privata allmänna hamnar (1156/1994).










—


Saimaan kanavan hoitokunta/Förvaltningsnämnden för Saima kanal.




Sweden
Ports and terminal facilities according to lagen (1983:293) om inrättande, utvidgning och avlysning av allmän farled och allmän hamn and förordningen (1983:744) om trafiken på Göta kanal
United Kingdom






—


A local authority which exploits a geographical area for the purpose of providing maritime or inland port or other terminal facilities to carriers by sea or inland waterway










—


A harbour authority within the meaning of section 57 of the Harbours Act 1964










—


British Waterways Board










—


A harbour authority as defined by section 38(1) of the Harbours Act (Northern Ireland) 1970




V.   Contracting entities in the field of urban railway, tramway, trolleybus or bus services
Belgium






—


Société des Transports intercommunaux de Bruxelles/Maatschappij voor intercommunaal Vervoer van Brussel










—


Société régionale wallonne du Transport et ses sociétés d'exploitation (TEC Liège–Verviers, TEC Namur–Luxembourg, TEC Brabant wallon, TEC Charleroi, TEC Hainaut) / Société régionale wallonne du Transport en haar exploitatiemaatschappijen (TEC Liège–Verviers, TEC Namur–Luxembourg, TEC Brabant wallon, TEC Charleroi, TEC Hainaut)










—


Vlaamse Vervoermaatschappij (De Lijn)










—


Private companies benefiting from special or exclusive rights




Bulgaria






—



                           ‘Метрополитен’ ЕАД, София










—



                           ‘Столичен електротранспорт’ ЕАД, София










—



                           ‘Столичен автотранспорт’ ЕАД, София










—



                           ‘Бургасбус’ ЕООД, Бургас










—



                           ‘Градски транспорт’ ЕАД, Варна










—



                           ‘Тролейбусен транспорт’ ЕООД, Враца










—



                           ‘Общински пътнически транспорт’ ЕООД, Габрово










—



                           ‘Автобусен транспорт’ ЕООД, Добрич










—



                           ‘Тролейбусен транспорт’ ЕООД, Добрич










—



                           ‘Тролейбусен транспорт’ ЕООД, Пазарджик










—



                           ‘Тролейбусен транспорт’ ЕООД, Перник










—



                           ‘Автобусни превози’ ЕАД, Плевен










—



                           ‘Тролейбусен транспорт’ ЕООД, Плевен










—



                           ‘Градски транспорт Пловдив’ ЕАД, Пловдив










—



                           ‘Градски транспорт’ ЕООД, Русе










—



                           ‘Пътнически превози’ ЕАД, Сливен










—



                           ‘Автобусни превози’ ЕООД, Стара Загора










—



                           ‘Тролейбусен транспорт’ ЕООД, Хасково




Czech Republic
All contracting entities in the sectors which supply services in the field of urban railway, tramway, trolleybus or bus services defined in the section 4 paragraph 1 letter f) of No 134/2016 Coll. on Public Procurement, as amended.
Examples of contracting entities:






—


Dopravní podnik hl.m. Prahy, akciová společnost










—


Dopravní podnik města Brna, a.s.










—


Dopravní podnik Ostrava a.s.










—


Plzeňské městské dopravní podniky, a.s.










—


Dopravní podnik města Olomouce, a.s.




Denmark






—


DSB










—


DSB S-tog A/S










—


Entities providing bus services to the public (ordinary regular services) on the basis of an authorisation pursuant to lov om buskørsel, see Consolidation Act No 107 of 19 February 2003.










—


Metroselskabet I/S




Germany
Undertakings providing, on the basis of an authorisation, short-distance transport services to the public pursuant to the Personenbeförderungsgesetz of 21 March 1961, as last amended on 31 October 2006.
Estonia






—


Entities operating pursuant to Article 10(3) of the Public Procurement Act (RT I 21.02.2007, 15, 76) and Article 14 of the Competition Act (RT I 2001, 56 332):






—


AS Tallinna Autobussikoondis;










—


AS Tallinna Trammi- ja Trollibussikoondis;










—


Narva Bussiveod AS.








Ireland






—


Iarnród Éireann [Irish Rail]










—


Railway Procurement Agency










—


Luas [Dublin Light Rail]










—


Bus Éireann [Irish Bus]










—


Bus Átha Cliath [Dublin Bus]










—


Entities providing transport services to the public pursuant to the amended Road Transport Act 1932.




Greece






—



                           ‘Ηλεκτροκίνητα Λεωφορεία Περιοχής Αθηνών - Πειραιώς Α.Ε.’ (‘Η.Λ.Π.Α.Π. Α.Ε.’) (Athens-Pireaeus Trolley Buses S.A.), established and operating pursuant to Legislative Decree No 768/1970 (Α'273), Law No 588/1977 (Α'148) and Law No 2669/1998 (Α'283).










—



                           ‘Ηλεκτρικοί Σιδηρόδρομοι Αθηνών – Πειραιώς’ (‘Η.Σ.Α.Π. Α.Ε.’) (Athens-Piraeus Electric Railways), established and operating pursuant to Laws Nos 352/1976 (Α' 147) and 2669/1998 (Α'283).










—



                           ‘Οργανισμός Αστικών Συγκοινωνιών Αθηνών Α.Ε.’ (‘Ο.Α.ΣΑ. Α.Ε.’) (Athens Urban Transport Organization S.A.), established and operating pursuant to Laws Nos 2175/1993 (Α'211) and 2669/1998 (Α'283).










—



                           ‘Εταιρεία Θερμικών Λεωφορείων Α.Ε.’ (‘Ε.Θ.Ε.Λ. Α.Ε.’), (Company of Thermal Buses S.A.) established and operating pursuant to Laws Nos 2175/1993 (Α'211) and 2669/1998 (Α'283).










—



                           ‘Αττικό Μετρό Α.Ε.’ (Attiko Metro S.A.), established and operating pursuant to Law No 1955/1991.










—



                           ‘Οργανισμός Αστικών Συγκοινωνιών Θεσσαλονίκης’ (‘Ο.Α.Σ.Θ.’), established and operating pursuant to Decree No 3721/1957, Legislative Decree No 716/1970 and Laws Nos 866/79 and 2898/2001 (Α'71).










—



                           ‘Κοινό Ταμείο Είσπραξης Λεωφορείων’ (‘Κ.Τ.Ε.Λ.’), operating pursuant to Law No 2963/2001 (Α'268).










—



                           ‘Δημοτικές Επιχειρήσεις Λεωφορείων Ρόδου και Κω’, otherwise known as ‘ΡΟΔΑ’ and ‘ΔΕΑΣ ΚΩ’ respectively, operating pursuant to Law No 2963/2001 (Α'268).




Spain






—


Entities that provide urban transport public services pursuant to ‘Ley 7/1985 Reguladora de las Bases de Régimen Local of 2 April 1985; Real Decreto legislativo 781/1986, de 18 de Abril, por el que se aprueba el texto refundido de las disposiciones legales vigentes en materia de régimen local’ and corresponding regional legislation, if appropriate.










—


Entities providing bus services to the public pursuant to the transitory provision number three of ‘Ley 16/1987, de 30 de Julio, de Ordenación de los Transportes Terrestres’.




Examples:






—


Empresa Municipal de Transportes de Madrid










—


Empresa Municipal de Transportes de Málaga










—


Empresa Municipal de Transportes Urbanos de Palma de Mallorca










—


Empresa Municipal de Transportes Públicos de Tarragona










—


Empresa Municipal de Transportes de Valencia










—


Transporte Urbano de Sevilla, S.A.M. (TUSSAM)










—


Transporte Urbano de Zaragoza, S.A. (TUZSA)










—


Entitat Metropolitana de Transport - AMB










—


Eusko Trenbideak, s.a.










—


Ferrocarril Metropolitá de Barcelona, sa










—


Ferrocariles de la Generalitat Valenciana










—


Consorcio de Transportes de Mallorca










—


Metro de Madrid










—


Metro de Málaga, S.A.










—


Red Nacional de los Ferrocarriles Españoles (Renfe)




France






—


Entities providing transport services to the public pursuant to Article 7-II of Loi d'orientation des transports intérieurs no 82-1153 of 30 December 1982.










—


Régie des transports de Marseille










—


RDT 13 Régie départementale des transports des Bouches du Rhône










—


Régie départementale des transports du Jura










—


RDTHV Régie départementale des transports de la Haute-Vienne










—


Régie autonome des transports parisiens, Société nationale des chemins de fer français and other entities providing transport services on the basis of an authorisation granted by the Syndicat des transports d'Ile-de-France, pursuant to Ordonnance no 59-151 of 7 January 1959 as amended and the Decrees implementing it with regard to the organisation of passenger transport in the Ile-de-France region.










—


Réseau ferré de France, State-owned company set up by Law no 97-135 of 13 February 1997.










—


Regional or local authorities or groups of regional or local authorities being an organisational authority for transports (example: Communauté urbaine de Lyon).




Croatia
Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity of making available the networks or managing the networks for public services of urban railway, automated systems, tramway, bus, trolleybus and cable car (cableway) transport; such as the entities engaging in the said activities as a public service in accordance with the Utilities Act (Official Gazette 36/95, 70/97, 128/99, 57/00, 129/00, 59/01, 26/03, 82/04, 110/04, 178/04, 38/09, 79/09, 153/09, 49/11, 84/11, 90/11).
Italy
Entities, companies and undertakings providing public transport services by rail, automated system, tramway, trolleybus or bus or managing the relevant infrastructures at national, regional or local level.
They include, for example:






—


Entities, companies and undertakings providing public transport services on the basis of an authorisation pursuant to Decreto of the Ministro dei Trasporti No 316 of 1 December 2006
                           ‘Regolamento recante riordino dei servizi automobilistici interregionali di competenza statale’.










—


Entities, companies and undertakings providing transport services to the public pursuant to Article 1(4) or (15) of Regio Decreto No 2578 of 15 October 1925 – Approvazione del testo unico della legge sull'assunzione diretta dei pubblici servizi da parte dei comuni e delle province.










—


Entities, companies and undertakings providing transport services to the public pursuant to Decreto Legislativo No 422 of 19 November 1997 – Conferimento alle regioni ed agli enti locali di funzioni e compiti in materia di trasporto pubblico locale, under the terms of Article 4(4) of Legge No 59 of 15 March 1997 – as amended by Decreto Legislativo No 400 of 20 September 1999, and by Article 45 of Legge No 166 of 1 August 2002.










—


Entities, companies and undertakings providing public transport services pursuant to Article 113 of the consolidated text of the laws on the structure of local authorities, approved by Legge No 267 of 18 August 2000 as amended by Article 35 of Legge No 448 of 28 December 2001.










—


Entities, companies and undertakings operating on the basis of a concession pursuant to Article 242 or 256 of Regio Decreto No 1447 of 9 May 1912 approving the consolidated text of the laws on le ferrovie concesse all'industria privata, le tramvie a trazione meccanica e gli automobili.










—


Entities, companies and undertakings and local authorities operating on the basis of a concession pursuant to Article 4 of Legge No 410 of 4 June 1949 – Concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.










—


Entities, companies and undertakings operating on the basis of a concession pursuant to Article 14 of Legge No 1221 of 2 August 1952 – Provvedimenti per l'esercizio ed il potenziamento di ferrovie e di altre linee di trasporto in regime di concessione.




Cyprus
Latvia
Subjects of public and private law which provide services of passenger convey on buses, trolleybuses and/or trams at least in such cities: Riga, Jurmala Liepaja, Daugavpils, Jelgava, Rezekne and Ventspils.
Lithuania






—


Akcinė bendrovė ‘Autrolis’
                        










—


Uždaroji akcinė bendrovė ‘Vilniaus autobusai’
                        










—


Uždaroji akcinė bendrovė ‘Kauno autobusai’
                        










—


Uždaroji akcinė bendrovė ‘Vilniaus troleibusai’
                        










—


Other entities in compliance with the requirements of Article 70 (1, 2) of the Law on Public Procurement of the Republic of Lithuania (Official Gazette, No 84-2000, 1996; No 4-102, 2006) and operating in the field of urban railway, tramway, trolleybus or bus services in accordance with the Code of Road Transport of the Republic of Lithuania (Official Gazette, No 119-2772, 1996).




Luxembourg






—


Chemins de fer luxembourgeois (CFL)










—


Service communal des autobus municipaux de la Ville de Luxembourg










—


Transports intercommunaux du canton d'Esch–sur–Alzette (TICE)










—


Bus service undertakings operating pursuant to the règlement grand-ducal concernant les conditions d'octroi des autorisations d'établissement et d'exploitation des services de transports routiers réguliers de personnes rémunérées of 3 February 1978.




Hungary






—


Entities providing scheduled local and long distance public bus transport services pursuant to Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 1988. évi I. törvény a közúti közlekedésről.










—


Entities providing national public passenger transport by rail pursuant to Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 2005. évi CLXXXIII. törvény a vasúti közlekedésről.




Malta






—


L-Awtorita` dwar it-Trasport ta' Malta (Malta Transport Authority)




Netherlands
Entities providing transport services to the public pursuant to chapter II (Openbaar Vervoer) of the Wet Personenvervoer. For instance:






—


RET (Rotterdam)










—


HTM (Den Haag)










—


GVB (Amsterdam)




Austria






—


Entities authorised to provide transport services pursuant to the Eisenbahngesetz, BGBl. No 60/1957, as amended, or the Kraftfahrliniengesetz, BGBl. I No 203/1999, as amended.




Poland






—


Entities providing urban railway services, operating on the basis of a concession issued in accordance with ustawa z dnia 28 marca 2003 r. o transporcie kolejowym,










—


Entities providing urban bus transport services for the general public, operating on the basis of an authorisation according to ustawa z dnia 6 września 2001 r. o transporcie drogowym and entities providing urban transport services for the general public, including among others:






—


Komunalne Przedsiębiorstwo Komunikacyjne Sp. z o.o, Białystok










—


Komunalny Zakład Komunikacyjny Sp. z o.o Białystok










—


Miejski Zakład Komunikacji Sp. z o.o Grudziądz










—


Miejski Zakład Komunikacji Sp. z o.o w Zamościu










—


Miejskie Przedsiębiorstwo Komunikacyjne - Łódź Sp. z o.o.










—


Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o. o. Lublin










—


Miejskie Przedsiębiorstwo Komunikacyjne S.A., Kraków










—


Miejskie Przedsiębiorstwo Komunikacyjne SA., Wrocław










—


Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o.o., Częstochowa










—


Miejskie Przedsiębiorstwo Komunikacyjne Sp. z ο.ο., Gniezno










—


Miejskie Przedsiębiorstwo Komunikacyjne Sp. z ο.ο., Olsztyn










—


Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o.o., Radomsko










—


Miejskie Przedsiębiorstwo Komunikacyjne Sp. z ο.ο, Wałbrzych










—


Miejskie Przedsiębiorstwo Komunikacyjne w Poznaniu Sp. z o.o.










—


Miejskie Przedsiębiorstwo Komunikacyjne Sp. z o. o. w Świdnicy










—


Miejskie Zakłady Komunikacyjne Sp. z o.o, Bydgoszcz










—


Miejskie Zakłady Autobusowe Sp. z o.o., Warszawa










—


Opolskie Przedsiębiorstwo Komunikacji Samochodowej S.A. w Opolu










—


Polbus - PKS Sp. z o.o., Wrocław










—


Polskie Koleje Linowe Sp. z o.o Zakopane










—


Przedsiębiorstwo Komunikacji Miejskiej Sp. z o.o., Gliwice










—


Przedsiębiorstwo Komunikacji Miejskiej Sp. z o.o. w Sosnowcu










—


Przedsiębiorstwo Komunikacji Samochodowej Leszno Sp. z o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej S.A., Kłodzko










—


Przedsiębiorstwo Komunikacji Samochodowej S.A., Katowice










—


Przedsiębiorstwo Komunikacji Samochodowej w Brodnicy S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Dzierżoniowie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Kluczborku Sp. z o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej w Krośnie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Raciborzu Sp. z o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej w Rzeszowie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Strzelcach Opolskich S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej Wieluń Sp. z o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej w Kamiennej Górze Sp. z.ο.ο










—


Przedsiębiorstwo Komunikacji Samochodowej w Białymstoku S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Bielsku Białej S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Bolesławcu Sp. z.o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej w Cieszynie Sp. z.ο.ο.










—


Przedsiębiorstwo Przewozu Towarów Powszechnej Komunikacji Samochodowej S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Bolesławcu Sp. z.ο.ο










—


Przedsiębiorstwo Komunikacji Samochodowej w Mińsku Mazowieckim S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Siedlcach S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej ‘SOKOŁÓW’ w Sokołowie Podlaskim S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Garwolinie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Lubaniu Sp. z.o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej w Łukowie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Wadowicach S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Staszowie Sp. z.o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej w Krakowie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Dębicy S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Zawierciu S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Żyrardowie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Pszczynie Sp. z.o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej w Płocku S.A.










—


Przedsiębiorstwo Spedycyjno-Transportowe ‘Transgór’ Sp. z.o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej w Stalowej Woli S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Jarosławiu S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Ciechanowie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Mławie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Nysie Sp. z.o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej w Ostrowcu Świętokrzyskim S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Kielcach S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Końskich S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Jędrzejowie Spółka Akcyjna










—


Przedsiębiorstwo Komunikacji Samochodowej w Oławie Spółka Akcyjna










—


Przedsiębiorstwo Komunikacji Samochodowej w Wałbrzychu Sp. z.o.o










—


Przedsiębiorstwo Komunikacji Samochodowej w Busku Zdroju S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Ostrołęce S.A.










—


Tramwaje Śląskie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Olkuszu S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Przasnyszu S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Nowym Sączu S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej Radomsko Sp. z o.o










—


Przedsiębiorstwo Komunikacji Samochodowej w Myszkowie Sp. z.ο.ο.










—


Przedsiębiorstwo Komunikacji Samochodowej w Lublińcu Sp. z o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej w Głubczycach Sp. z.o.o.










—


PKS w Suwałkach S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Koninie S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Turku S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Zgorzelcu Sp. z.o.o










—


PKS Nowa Sól Sp. z.o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej Zielona Góra Sp. z o.o.










—


Przedsiębiorstwo Komunikacji Samochodowej Sp. z.o.o, w Przemyślu










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Koło










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Biłgoraj










—


Przedsiębiorstwo Komunikacji Samochodowej Częstochowa S.A.










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Gdańsk










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Kalisz










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Konin










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Nowy Dwór Mazowiecki










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Starogard Gdański










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Toruń










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej, Warszawa










—


Przedsiębiorstwo Komunikacji Samochodowej w Białymstoku S.A.










—


Przedsiębiorstwo Komunikacji Samochodowej w Cieszynie Sp, z.o.o.










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Gnieźnie










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Krasnymstawie










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Olsztynie










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Ostrowie Wlkp.










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Poznaniu










—


Przedsiębiorstwo Państwowej Komunikacji Samochodowej w Zgorzelcu Sp. z.o.o.










—


Szczecińsko-Polickie Przedsiębiorstwo Komunikacyjne Sp. z.o.o.










—


Tramwaje Śląskie S.A., Katowice










—


Tramwaje Warszawskie Sp. z.o.o.










—


Zakład Komunikacji Miejskiej w Gdańsku Sp. z.o.o.








Portugal






—


Metropolitano de Lisboa, E.P., pursuant to Decreto-Lei No 439/78 do 30 de Dezembro de 1978
                        










—


Local authorities, local authority services and local authority undertakings under Law No 58/98 of 18 August 1998, which provide transport services pursuant to Lei No 159/99 do 14 de Septembro 1999
                        










—


Public authorities and public undertakings providing railway services pursuant to Law No 10/90 do 17 de Março 1990
                        










—


Entities providing public transport services pursuant to Article 98 of the Regulamento de Transportes em Automóveis (Decreto No 37272 do 31 de Dezembro 1948)










—


Entities providing public transport services pursuant to Lei No 688/73 do 21 de Dezembro 1973
                        










—


Entities providing public transport services pursuant to Decreto-Lei No 38144 do 31 de Dezembro 1950
                        










—


Metro do Porto, S.A., pursuant to Decreto-Lei No 394-A/98 do 15 de Dezembro 1998, as amended by Decreto-Lei No 261/2001 do 26 September 2001
                        










—


Normetro, S.A., pursuant to Decreto-Lei No 394-A/98 of 15 December 1998, as amended by Decreto-Lei No 261/2001 do 26 de Septembro 2001
                        










—


Metropolitano Ligeiro de Mirandela, S.A., pursuant to Decreto-Lei No 24/95 do 8 de Fevereiro 1995
                        










—


Metro do Mondego, S.A., pursuant to Decreto-Lei No 10/2002 do 24 de Janeiro 2002
                        










—


Metro Transportes do Sul, S.A., pursuant to Decreto-Lei No 337/99 do 24 de Agosto 1999
                        










—


Local authorities and local authority undertakings providing transport services pursuant to Lei No 159/99 do 14 de Septembro 1999
                        




Romania






—


S.C. de Transport cu Metroul Bucureşti – ‘Metrorex’ SA (Bucharest Subway Transport Commercial Company ‘METROREX S.A.’)










—


Regii Autonome Locale de Transport Urban de Călători (Local Autonomous Public Service Undertakings for Urban Passenger Transport)




Slovenia
Companies providing public urban bus transport pursuant to the Zakon o prevozih v cestnem prometu (Uradni list RS, 72/94, 54/96, 48/98 in 65/99).








Mat. Št.


Naziv


Poštna Št.


Kraj




1540564


AVTOBUSNI PREVOZI RIŽANA D.O.O. Dekani


6271


DEKANI




5065011


AVTOBUSNI PROMET Murska Sobota D.D.


9000


MURSKA SOBOTA




5097053


Alpetour Potovalna Agencija


4000


Kranj




5097061


ALPETOUR, Špedicija In Transport, D.D. Škofja Loka


4220


ŠKOFJA LOKA




5107717


INTEGRAL BREBUS Brežice D.O.O.


8250


BREŽICE




5143233


IZLETNIK CELJE D.D. Prometno In Turistično Podjetje Celje


3000


CELJE




5143373


AVRIGO DRUŽBA ZA AVTOBUSNI PROMET IN TURIZEM D.D. NOVA GORICA


5000


NOVA GORICA




5222966


JAVNO PODJETJE LJUBLJANSKI POTNIŠKI PROMET D.O.O.


1000


LJUBLJANA




5263433


CERTUS AVTOBUSNI PROMET MARIBOR D.D.


2000


MARIBOR




5352657


I & I - Avtobusni Prevozi D.D. Koper


6000


KOPER - CAPODISTRIA




5357845


Meteor Cerklje


4207


Cerklje




5410711


KORATUR Avtobusni Promet In Turizem D.D. Prevalje


2391


PREVALJE




5465486


INTEGRAL, Avto. Promet Tržič, D.D.


4290


TRŽIČ




5544378


KAM-BUS Družba Za Prevoz Potnikov, Turizem In Vzdrževanje Vozil, D.D. Kamnik


1241


KAMNIK




5880190


MPOV Storitve In Trgovina D.O.O. Vinica


8344


VINICA




Slovakia






—


Carriers operating, on basis of the licence, public passenger transport on tramway, trolleybus, special or cable way pursuant to Article 23 of the Act No 164/1996 Coll. in wording of Acts No 58/1997 Coll., No 260/2001 Coll., No 416/2001 Coll. and No 114/2004 Coll.,










—


Carriers operating regular domestic bus transport for the public on the territory of the Slovak Republic, or on the part of the territory of the foreign state as well, or on determined part of the territory of the Slovak Republic on basis of the permission to operate the bus transport and on basis of the transport licence for specific route, which are granted pursuant to Act No 168/1996 Coll. in wording of Acts No 386/1996 Coll., No 58/1997 Coll., No 340/2000 Coll., No 416/2001 Coll., No 506/2002 Coll., No 534/2003 Coll. and No 114/2004 Coll.




For example:






—


Dopravný podnik Bratislava, a.s.










—


Dopravný podnik mesta Košice, a.s.










—


Dopravný podnik mesta Prešov, a.s.










—


Dopravný podnik mesta Žilina, a.s.




Finland
Entities providing regular coach transport services under a special or exclusive licence pursuant to the laki luvanvaraisesta henkilöliikenteestä tiellä/lagen om tillståndspliktig persontrafik på väg (343/1991) and municipal transport authorities and public enterprises providing public transport services by bus, rail or underground railway, or maintaining a network for the purpose of providing such transport services.
Sweden






—


Entities operating urban railway or tramway services pursuant to lagen (1997:734) om ansvar för viss kollektiv persontrafik and lagen (1990:1157) säkerhet vid tunnelbana och spårväg.










—


Public entities or private entities operating a trolley bus or bus service pursuant with lagen (1997:734) om ansvar för viss kollektiv persontrafik and yrkestrafiklagen (1998:490).




United Kingdom






—


London Regional Transport










—


London Underground Limited










—


Transport for London










—


A subsidiary of Transport for London within the meaning of section 424(1) of the Greater London Authority Act 1999










—


Strathclyde Passenger Transport Executive










—


Greater Manchester Passenger Transport Executive










—


Tyne and Wear Passenger Transport Executive










—


Brighton Borough Council










—


South Yorkshire Passenger Transport Executive










—


South Yorkshire Supertram Limited










—


Blackpool Transport Services Limited










—


Conwy County Borough Council










—


A person who provides a London local service as defined in section 179(1) of the Greater London Authority Act 1999 (a bus service) in pursuance of an agreement entered into by Transport for London under section 156(2) of that Act or in pursuance of a transport subsidiary's agreement as defined in section 169 of that Act.










—


Northern Ireland Transport Holding Company










—


A person who holds a road service licence under section 4(1) of the Transport Act (Northern Ireland) 1967 which authorises him to provide a regular service within the meaning of that licence.




VI.   Contracting entities in the field of rail services
Belgium






—


SNCB Holding / NMBS Holding










—


Société nationale des Chemins de fer belges//Nationale Maatschappij der Belgische Spoorwegen.










—


Infrabel




Bulgaria






—


Национална компания ‘Железопътна инфраструктура’
                        










—



                           ‘Български държавни железници’ ЕАД










—



                           ‘БДЖ – Пътнически превози’ ЕООД










—



                           ‘БДЖ – Тягов подвижен състав (Локомотиви)’ ЕООД










—



                           ‘БДЖ – Товарни превози’ ЕООД










—



                           ‘Българска Железопътна Компания’ АД










—



                           ‘Булмаркет – ДМ’ ООД




Czech Republic
All contracting entities in the sectors which supply services in the field of rail services defined in the section 4 paragraph 1 letter f) of No 134/2016 Coll. on Public Procurement, as amended.
Examples of contracting entities:






—


ČD Cargo, a.s.










—


České dráhy, a.s.










—


Správa železniční dopravní cesty, státní organizace.




Denmark






—


DSB










—


DSB S-tog A/S










—


Metroselskabet I/S




Germany






—


Deutsche Bahn AG.










—


Other undertakings providing railway services to the public pursuant to Article 2(1) of the Allgemeines Eisenbahngesetz of 27 December 1993, as last amended on 26 February 2008.




Estonia






—


Entities operating pursuant to Article 10 (3) of the Public Procurement Act (RT I 21.02.2007, 15, 76) and Article 14 of the Competition Act (RT I 2001, 56 332):






—


AS Eesti Raudtee;










—


AS Elektriraudtee.








Ireland






—


Iarnród Éireann [/Irish Rail]










—


Railway Procurement Agency




Greece






—



                           ‘Oργανισμός Σιδηροδρόμων Ελλάδος Α.Ε.’ (‘Ο.Σ.Ε. Α.Ε.’), pursuant to Law No 2671/98.










—



                           ‘ΕΡΓΟΣΕ Α.Ε.’ pursuant to Law No 2366/95.




Spain






—


Ente público Administración de Infraestructuras Ferroviarias (ADIF)










—


Red Nacional de los Ferrocarriles Españoles (RENFE)










—


Ferrocarriles de Vía Estrecha (FEVE)










—


Ferrocarrils de la Generalitat de Catalunya (FGC)










—


Eusko Trenbideak (Bilbao)










—


Ferrocarrils de la Generalitat Valenciana. (FGV)










—


Serveis Ferroviaris de Mallorca (Ferrocarriles de Mallorca)










—


Ferrocarril de Soller










—


Funicular de Bulnes




France






—


Société nationale des chemins de fer français and other rail networks open to the public, referred to in Loi d'orientation des transports intérieurs no 82-1153 of 30 December 1982, Title II, Chapter 1.










—


Réseau ferré de France, State-owned company set up by Law no 97-135 of 13 February 1997.




Croatia
Public undertakings which are contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No 90/11) which, in accordance with special regulations, engage in the activity of of making available the networks or managing the networks for public railway transport services.
Italy






—


Ferrovie dello Stato S. p. A. including le Società partecipate










—


Entities, companies and undertakings providing railway services on the basis of a concession pursuant to Article 10 of Royal Decree No 1447 of 9 May 1912, approving the consolidated text of the laws on le ferrovie concesse all'industria privata, le tramvie a trazione meccanica e gli automobili.










—


Entities, companies and undertakings providing railway services on the basis of a concession pursuant to Article 4 of Law No 410 of 4 June 1949 – Concorso dello Stato per la riattivazione dei pubblici servizi di trasporto in concessione.










—


Entities, companies and undertakings or local authorities providing railway services on the basis of a concession pursuant to Article 14 of Law 1221 of 2 August 1952 – Provvedimenti per l'esercizio ed il potenziamento di ferrovie e di altre linee di trasporto in regime di concessione.










—


Entities, companies and undertakings providing public transport services, pursuant to articles 8 and 9 of the decreto legislativo No 422 of 19 November 1997 – Conferimento alle regioni ed agli enti locali di funzioni e compiti in materia di trasporto pubblico locale, a norma dell'articolo 4, comma 4, della L. 15 marzo 1997, n. 9 – as modified by decreto legislativo No 400 of 20 September 1999, and by article 45 of the Legge No 166 of 1 August 2002.




Cyprus
Latvia






—


Valsts akciju sabiedrība ‘Latvijas dzelzceļš’
                        










—


Valsts akciju sabiedrība ‘Pasažieru vilciens’
                        




Lithuania






—


Akcinė bendrovė ‘Lietuvos geležinkeliai’
                        










—


Other entities in compliance with the requirements of Article 70 (1, 2) of the Law on Public Procurement of the Republic of Lithuania (Official Gazette, No 84-2000, 1996; No 4-102, 2006) and operating in the field of railway services in accordance with the Code of Railway Transport of the Republic of Lithuania (Official Gazette, No 72-2489, 2004).




Luxembourg






—


Chemins de fer luxembourgeois (CFL).




Hungary






—


Entities providing rail transport services to the public pursuant to Articles 162-163 of 2003. évi CXXIX. törvény a közbeszerzésekről and 2005. évi CLXXXIII. törvény a vasúti közlekedésről and on the basis of an authorisation pursuant to 45/2006. (VII. 11.) GKM rendelet a vasúti társaságok működésének engedélyezéséről.




For example:






—


Magyar Államvasutak (MÁV)




Malta
Netherlands
Procuring entities in the field of railway services. For instance:






—


Nederlandse Spoorwegen










—


ProRail




Austria






—


Österreichische Bundesbahn.










—


Schieneninfrastrukturfinanzierungs-Gesellschaft mbH sowie.










—


Entities authorised to provide transport services pursuant to Eisenbahngesetz, BGBl. No 60/1957, as amended.




Poland
Entities providing rail transport services, operating on the basis of ustawa o komercjalizacji, restrukturyzacji i prywatyzacji przedsiębiorstwa państwowego ‘Polskie Koleje Państwowe’ z dnia 8 września 2000 r.; including among others:






—


PKP Intercity Sp. z.o.o.










—


PKP Przewozy Regionalne Sp. z.o.o.










—


PKP Polskie Linie Kolejowe S.A.










—



                           ‘Koleje Mazowieckie - KM’ Sp. z.o.o.










—


PKP Szybka Kolej Miejska w Trójmieście Sp. z.ο.ο.










—


PKP Warszawska Kolej Dojazdowa Sp. z.o.o.




Portugal






—


CP – Caminhos de Ferro de Portugal, E.P., pursuant to Decreto-Lei No 109/77 do 23 de Março 1977.










—


REFER, E.P., pursuant to Decreto-Lei No 104/97 do 29 de Abril 1997.










—


RAVE, S.A., pursuant to Decreto-Lei No 323-H/2000 of 19 de Dezembro 2000.










—


Fertagus, S.A., pursuant to Decreto-Lei 78/2005, of 13 de Abril.










—


Public authorities and public undertakings providing railway services pursuant to Lei No 10/90 do 17 de Março 1990.










—


Private undertakings providing railway services pursuant to Lei No 10/90 do 17 de Março 1990, where they hold special or exclusive rights.




Romania






—


Compania Naţională Căi Ferate – CFR;










—


Societatea Naţională de Transport Feroviar de Marfă ‘CFR – Marfă’;










—


Societatea Naţională de Transport Feroviar de Călători ‘CFR – Călători’.




Slovenia








Mat. Št.


Naziv


Poštna Št.


Kraj




5142733


Slovenske železnice, d. o. o.


1000


LJUBLJANA




Slovakia






—


Entities operating railways and cable ways and facilities related thereto pursuant to Act No 258/1993 Coll. in wording of Acts No 152/1997 Coll. and No 259/2001 Coll.;










—


Entities, which are carriers providing for railway transport to the public under the Act No 164/1996 Coll. in wording of Acts No 58/1997 Coll., No 260/2001 Coll., No 416/2001 Coll. and No 114/2004 Coll. and on basis of governmental decree No 662 of 7 July 2004.




For example:






—


Železnice Slovenskej republiky, a.s.










—


Železničná spoločnosť Slovensko, a.s.




Finland
VR Osakeyhtiö/VR Aktiebolag
Sweden






—


Public entities operating railway services in accordance with järnvägslagen (2004:519) and järnvägsförordningen (2004:526).










—


Regional and local public entities operating regional or local railway communications pursuant to lagen (1997:734) om ansvar för viss kollektiv persontrafik.










—


Private entities operating railway services pursuant to an authorisation granted under förordningen (1996:734) om statens spåranläggningar, where such permission complies with Article 2(3) of the Directive.




United Kingdom






—


Network Rail plc










—


Eurotunnel plc










—


Northern Ireland Transport Holding Company










—


Northern Ireland Railways Company Limited










—


Providers of rail services which operate on the basis of special or exclusive rights granted by the Department of Transport or any other competent authority.






(1)  For the purposes of this Annex, the ‘Union's utilities directive’ refers to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ EU L 94, 28.3.2014, p. 243).

(2)  According to the Union's 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 in any of the following cases in which those authorities, directly or indirectly:






—


hold the majority of the undertaking's subscribed capital;










—


control the majority of the votes attaching to shares issued by the undertaking,










—


can appoint more than half of the undertaking's administrative, management or supervisory body.





(3)  As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of a Member State of the Union, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.

(4)  E.g. the provision or operation of networks (within the meaning of footnote 4) providing a service to the public in the field of transport by high-speed or conventional trains.

(5)  
            ‘Affiliated undertaking’ means any undertaking the annual accounts of which are consolidated with those of the procuring entity in accordance with the requirements of 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 (OJ EU L 182, 29.6.2013, p. 19), or in case of entities not subject to that Directive, any undertaking over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.

(6)  When, because of the date on which an affiliated undertaking was created or commenced activities, the turnover is not available for the preceding three years, it will be sufficient for that undertaking to show that the turnover referred to in this paragraph is credible, in particular by means of business projections.

(7)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ EU L 94, 28.3.2014, p. 243).




ANNEX 9-D
GOODS
PART 1
SINGAPORE'S COMMITMENTS
Chapter Nine (Government Procurement) applies to the procurement of all goods procured by the entities listed in Annexes 9-A to 9-C, unless otherwise specified in this Agreement.
PART 2
UNION'S COMMITMENTS








1.


Chapter Nine (Government Procurement) covers the procurement of all goods procured by the entities listed in Annexes 9-A to 9-C, unless otherwise specified in this Agreement.












2.


Chapter Nine (Government Procurement)covers only the goods that are described in the Chapters of the Combined Nomenclature specified below and that are procured by ministries of defence and agencies for defence or security activities in the Member States of the Union:






Chapter 25:


Salt, sulphur, earths and stone, plastering materials, lime and cement




Chapter 26:


Metallic ores, slag and ash




Chapter 27:


Mineral fuels, mineral oils and products of their distillation, bituminous substances, mineral waxes
except:
ex 27.10: special engine fuels




Chapter 28:


Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radio-active elements and isotopes except:
ex 28.09: explosives
ex 28.13: explosives
ex 28.14: tear gas
ex 28.28: explosives
ex 28.32: explosives
ex 28.39: explosives
ex 28.50: toxic products
ex 28.51: toxic products
ex 28.54: explosives




Chapter 29:


Organic chemicals
except:
ex 29.03: explosives
ex 29.04: explosives
ex 29.07: explosives
ex 29.08: explosives
ex 29.11: explosives
ex 29.12: explosives
ex 29.13: toxic products
ex 29.14: toxic products
ex 29.15: toxic products
ex 29.21: toxic products
ex 29.22: toxic products




 


ex 29.23: toxic products
ex 29.26: explosives
ex 29.27: toxic products
ex 29.29: explosives




Chapter 30:


Pharmaceutical products




Chapter 31:


Fertilizers




Chapter 32:


Tanning and dyeing extracts, tannings and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks




Chapter 33:


Essential oils and resinoids, perfumery, cosmetic or toilet preparations




Chapter 34:


Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and ‘dental waxes’




Chapter 35:


Albuminoidal substances, glues, enzymes




Chapter 37:


Photographic and cinematographic goods




Chapter 38:


Miscellaneous chemical products
except:
ex 38.19: toxic products




Chapter 39:


Artificial resins and plastic materials, cellulose esters and ethers, articles thereof
except:
ex 39.03: explosives




Chapter 40:


Rubber, synthetic rubber, factice, and articles thereof
except:
ex 40.11: bullet-proof tyres




Chapter 41:


Raw hides and skins (other than fur skins) and leather




Chapter 42:


Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silk-worm gut)




Chapter 43:


Furskins and artificial fur, manufactures thereof




Chapter 44:


Wood and articles of wood, wood charcoal




Chapter 45:


Cork and articles of cork




Chapter 46:


Manufactures of straw of esparto and of other plaiting materials, basket ware and wickerwork




Chapter 47:


Paper-making material




Chapter 48:


Paper and paperboard, articles of paper pulp, of paper or of paperboard




Chapter 49:


Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans




Chapter 65:


Headgear and parts thereof




Chapter 66:


Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof




Chapter 67:


Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair




Chapter 68:


Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials




Chapter 69:


Ceramic products




Chapter 70:


Glass and glassware




Chapter 71:


Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery




Chapter 73:


Iron and steel and articles thereof




Chapter 74:


Copper and articles thereof




Chapter 75:


Nickel and articles thereof




Chapter 76:


Aluminium and articles thereof




Chapter 77:


Magnesium and beryllium and articles thereof




Chapter 78:


Lead and articles thereof




Chapter 79:


Zinc and articles thereof




Chapter 80:


Tin and articles thereof




Chapter 81:


Other base metals employed in metallurgy and articles thereof




Chapter 82:


Tools, implements, cutlery, spoons and forks, of base metal, parts thereof
except:
ex 82.05: tools
ex 82.07: tools, parts




Chapter 83:


Miscellaneous articles of base metal




Chapter 84:


Boilers, machinery and mechanical appliances, parts thereof
except:
ex 84.06: engines
ex 84.08: other engines
ex 84.45: machinery
ex 84.53: automatic data-processing machines
ex 84.55: parts of machines under heading No 84.53
ex 84.59: nuclear reactors




Chapter 85:


Electrical machinery and equipment, parts thereof
except:
ex 85.13: telecommunication equipment
ex 85.15: transmission apparatus




Chapter 86:


Railway and tramway locomotives, rolling-stock and parts thereof; railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered)
except:
ex 86.02: armoured locomotives, electric
ex 86.03: other armoured locomotives
ex 86.05: armoured wagons
ex 86.06: repair wagons
ex 86.07: wagons




Chapter 87:


Vehicles, other than railway or tramway rolling-stock, and parts thereof
except:
ex 87.08: tanks and other armoured vehicles
ex 87.01: tractors
ex 87.02: military vehicles
ex 87.03: breakdown lorries
ex 87.09: motorcycles
ex 87.14: trailers




Chapter 89:


Ships, boats and floating structures
except:
ex 89.01 A: warships




Chapter 90:


Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof
except:
ex 90.05: binoculars
ex 90.13: miscellaneous instruments, lasers
ex 90.14: telemeters
ex 90.28: electrical and electronic measuring instruments
ex 90.11: microscopes
ex 90.17: medical instruments
ex 90.18: mechano-therapy appliances
ex 90.19: orthopaedic appliances
ex 90.20: X-ray apparatus




Chapter 91:


Manufacture of watches and clocks




Chapter 92:


Musical instruments, sound recorders or reproducers, television image and sound recorders or reproducers, parts and accessories of such articles




Chapter 94:


Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings
except:
ex 94.01 A: aircraft seats




Chapter 95:


Articles and manufactures of carving or moulding material




Chapter 96:


Brooms, brushes, powder-puffs and sieves




Chapter 98:


Miscellaneous manufactured articles












ANNEX 9-E
SERVICES
PART 1
SINGAPORE'S COMMITMENTS
Chapter Nine (Government Procurement) covers the following services as contained in document MTN.GNS/W/120:






CPC


Description




61


Sale, Maintenance and Repair Services of Motor Vehicles and Motorcycles




633


Repair Services of Personal and Household Goods




641-643


Hotels and Restaurants (incl. catering)




712


Other Land Transport Services




74710


Travel Agencies and Tour Operators




7472


Tourist Guide Services




7512


Courier Services




7523


Electronic Mail




7523


Voice Mail




7523


On-Line Information and Database Retrieval




7523


Electronic Data Interchange




81


Financial Services3 4





82


Real Estate Services5





84


Computer and Related Services




862


Accounting, Auditing and Book-keeping Services




8671


Architectural Services




864


Market Research and Public Opinion Polling Services




865


Management Consulting Services




866


Services Related to Management Consulting




8672


Engineering Services




8673


Integrated Engineering Services




86742


Landscape Architectural Services




8675


Engineering Related Scientific and Technical Consulting Services




8676


Technical Testing and Analysis Services




871


Advertising Services




87201


Executive Search Services




87202


Placement Services of Office Support Personnel and Other Workers




87203


Supply Services of Office Support Personnel




874


Building-Cleaning Services




87905


Translation and Interpretation Services




88442


Publishing and Printing Services on a Fee or Contract Basis6





924


Adult Education Services




932


Veterinary Services




94


Sewage and Refuse Disposal, Sanitation and other Environmental Protection Services




96112


Motion Picture or Video Tape Production Services




96113


Motion Picture or Video Tape Distribution Services




96121


Motion Picture Projection Services




96122


Video Tape Projection Services




9619


Other Entertainment Services




96311


Library Services




964


Sporting and other Recreational Services7





—


Biotechnology Services




—


Exhibition Services




—


Commercial Market Research




—


Interior Design Services, Excluding Architecture




—


Professional, Advisory and Consulting Services Relating to Agriculture, Forestry, Fishing and Mining, Including Oilfield Services




—


Telecommunications Services8

Basic Telecommunication Services9, including resale (facilities-based and services-based):






(a)


Public Switched Services10 (local and international)










(b)


Leased Circuit Services (local and international)




Mobile Services11, including resale (facilities-based and services-based):






(a)


Public Mobile Data Service (PMDS)










(b)


Public Trunked Radio Service (PTRS)










(c)


Public Radio Paging Service (PRPS)










(d)


Public Cellular Mobile Telephone Service (PCMTS)








Notes to Part 1 of Annex 9-E:






1.


The commitment regarding services is subject to the limitations and conditions specified in Schedule of Specific Commitments in Annex 8-B and the Appendices thereto.










2.


Chapter Nine (Government Procurement) does not apply to any procurement made by a covered entity on behalf of a non-covered entity.










3.


Except asset management and other financial services procured by the Ministry of Finance and the Monetary Authority of Singapore for the purpose of managing official foreign reserves and other foreign assets of the Government of Singapore.










4.


Except asset management and other financial services procured by the Central Provident Fund Board.










5.


Includes only real estate consultancy services, auction and valuation services.










6.


Except for the printing of Government legislation and gazette.










7.


Except gambling and betting services.










8.


Telecommunication services exclude broadcasting services, which are services consisting of the uninterrupted chains of transmission by wired or wireless means required for the reception and/or display of aural and/or visual programme signals by all or part of the public.










9.


Basic telecommunication services may be provided using satellite technology.










10.


Includes voice, data and facsimile services.










11.


Mobile services may be provided using satellite technology.




PART 2
UNION'S COMMITMENTS
Chapter Nine (Government Procurement) covers the following services, which are identified in accordance with the United Nations Provisional Central Product Classification (CPC) as contained in document MTN.GNS/W/120*:






Subject


CPC Reference No




Maintenance and repair services


6112, 6122, 633, 886




Land transport services, including armoured car services, and courier services, except transport of mail


712 (except 71235), 7512, 87304




Transport of mail by land, except rail, and by air


71235, 7321




Telecommunications services


752




Financial services






(a)


Insurance services










(b)


Banking and investments services**







ex 81
812, 814




Computer and related services


84




Accounting, auditing and bookkeeping services


862




Market research and public opinion polling services


864




Management consulting services and related services


865, 866***





Architectural services; engineering services and integrated engineering services, landscape architectural services, related scientific and technical consulting services; technical testing and analysis services


8671, 8672, 8673, 86742, 8675, 8676




Advertising services


871




Building-cleaning services and property management services


874, 82201 to 82206




Publishing and printing services on a fee or contract basis


88442




Sewage and refuse disposal; sanitation and similar services


94




Notes to Part 2 of Annex 9-E:






1.


Without prejudice to note 6 of this Annex, the Union's commitments regarding services do not cover services concessions as referred to in Annex 9-I.










2.


The Union's commitments regarding services are subject to the limitations and conditions specified in the Union Schedule of Specific Commitments under Chapter Eight (Services, Establishment and Electronic Commerce).










3.*



Except for services which entities have to procure from another entity pursuant to an exclusive right established by a published law, regulation or administrative provision.










4.**









—


Except for the procurement or acquisition of fiscal agency or depository services, liquidation, and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities.










—


In Sweden, payments to and from governmental agencies shall be transacted through the Swedish Postal Giro System (Postgiro).














5.***



Except arbitration and conciliation services.










6.


Should the on-going revision of the Union legislation on public procurement result in an expansion of the scope of services and services concessions fully covered by that legislation, the Parties will, at the request of either Party, review the possibility of further access to services and services concessions in view of balanced market access opportunities for both Parties. The Parties may, by decision of the Committee on Trade in Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees), amend their schedules of commitments set out in this Annex to reflect the result of such review.










7.


Should the revision of the Union legislation on public procurement result in a further clarification or development of rules applicable to services concessions and should the Parties conduct a successful review of possible further market access to services concessions, on the basis of the note 6 above, the Union shall, at the request of Singapore, review the possibility to reflect these developments in Chapter Nine (Government Procurement) or this Annex. Following such review, the Parties may, by decision of the Committee on Trade in Services, Investment and Government Procurement, adapt rules applicable to services concessions in Chapter Nine (Government Procurement) or their commitments set out in Annex 9-F.








ANNEX 9-F
CONSTRUCTION SERVICES AND WORKS CONCESSIONS
PART 1
SINGAPORE'S COMMITMENTS
Chapter Nine (Puplic Procurement) covers the procurement by the entities covered by Annexes 9-A to 9-C of the following construction services in the sense of Division 51 of the Central Product Classification as contained in document MTN.GNS/W/120:
List of construction services committed:






CPC


Description




512


General construction work for buildings




513


General construction work for civil engineering




514, 516


Installation and assembly work




517


Building completion and finishing work




511, 515, 518


Others




Notes to Part 1 of Annex 9-F:






1.


The committed construction services are subject to the limitations and conditions specified in Annex 8-B and the Appendices thereto.










2.


Chapter Nine (Government Procurement) does not apply to any procurement made by a covered entity on behalf of a non-covered entity.




PART 2
UNION'S COMMITMENTS
A.   Construction services
Chapter Nine (Public Procurement) covers all construction services listed in Division 51 of CPC procured by the entities specified in Annexes 9-A to 9-C.
B.   Works concessions
Work concessions contracts, when awarded by entities specified in Annexes 9-A and 9-B are included under the national treatment regime, provided the value of the work concession contracts equals or exceeds 5 000 000 SDR.
Notes to Part 2 of Annex 9-F:






1.


When awarding work concessions contracts, the Union's procuring entities listed in Annexes 9-A and 9-B shall accord services and suppliers of Singapore, including locally established suppliers of Singapore, treatment no less favourable than treatment they accord to domestic services and suppliers under the Union's domestic regime for works concessions, (herein referred to as ‘national treatment regime’), provided the value of such contracts equals or exceeds 5 000 000 SDR.
Under the national treatment regime, the Union, including its Member States and its procuring entities, shall:






(a)


ensure transparency in the award of works concessions contracts, including by the publication of notice of intended work concessions; and










(b)


ensure that there is an effective review procedure through which supplier, including suppliers from the other Party may challenge decisions relating to the award of work concessions contracts.














2.


Should the revision of Union's legislation on public procurement result in a further clarification or development of rules applicable to works concessions, the Union will, at the request of Singapore, review the possibility to reflect these developments in this Annex. Following such review the Parties may, by decision of the Committee on Trade in Services, Investment and Government Procurement, adapt the provisions applicable to works concessions in Chapter Nine (Government Procurement) or in their commitments set out in this Annex.




List of Division 51, CPC









Group


Class


Subclass


Title


Corresponding ISCI




SECTION 5


 


 


CONSTRUCTION WORK AND CONSTRUCTIONS: LAND


 




DIVISION 51


 


 


CONSTRUCTION WORK


 




511


 


 


Pre-erection work at construction sites


 




 


5111


51110


Site investigation work


4510




 


5112


51120


Demolition work


4510




 


5113


51130


Site formation and clearance work


4510




 


5114


51140


Excavating and earthmoving work


4510




 


5115


51150


Site preparation work for mining


4510




 


5116


51160


Scaffolding work


4520




512


 


 


Construction work for buildings


 




 


5121


51210


For one- and two-dwelling buildings


4520




 


5122


51220


For multi-dwelling buildings


4520




 


5123


51230


For warehouses and industrial buildings


4520




 


5124


51240


For commercial buildings


4520




 


5125


51250


For public entertainment buildings


4520




 


5126


51260


For hotel, restaurant and similar buildings


4520




 


5127


51270


For educational buildings


4520




 


5128


51280


For health buildings


4520




 


5129


51290


For other buildings


4520




513


 


 


Construction work for civil engineering


 




 


5131


51310


For highways (except elevated highways), street, roads, railways and airfield runways


4520




 


5132


51320


For bridges, elevated highways, tunnels and subways


4520




 


5133


51330


For waterways, harbours, dams and other water works


4520




 


5134


51340


For long distance pipelines, communication and power lines (cables)


4520




 


5135


51350


For local pipelines and cables; ancillary works


4520




 


5136


51360


For constructions for mining and manufacturing


4520




 


5137


 


For constructions for sport and recreation


 




 


 


51371


For stadia and sports grounds


4520




 


 


51372


For other sport and recreation installations (e.g. swimming pools, tennis courts, golf courses)


4520




 


5139


51390


For engineering works n.e.c.


4520




514


5140


51400


Assembly and erection of prefabricated constructions


4520




515


 


 


Special trade construction work


 




 


5151


51510


Foundation work, including pile driving


4520




 


5152


51520


Water well drilling


4520




 


5153


51530


Roofing and water proofing


4520




 


5154


51540


Concrete work


4520




 


5155


51550


Steel bending and erection (including welding)


4520




 


5156


51560


Masonry work


4520




 


5159


51590


Other special trade construction work


4520




516


 


 


Installation work


 




 


5161


51610


Heating, ventilation and air conditioning work


4530




 


5162


51620


Water plumbing and drain laying work


4530




 


5163


51630


Gas fitting construction work


4530




 


5164


 


Electrical work


 




 


 


51641


Electrical wiring and fitting work


4530




 


 


51642


Fire alarm construction work


4530




 


 


51643


Burglar alarm system construction work


4530




 


 


51644


Residential antenna construction work


4530




 


 


51649


Other electrical construction work


4530




 


5165


51650


Insulation work (electrical wiring, water, heat, sound)


4530




 


5166


51660


Fencing and railing construction work


4530




 


5169


 


Other installation work


 




 


 


51691


Lift and escalator construction work


4530




 


 


51699


Other installation work n.e.c.


4530




517


 


 


Building completion and finishing work


 




 


5171


51710


Glazing work and window glass installation work


4540




 


5172


51720


Plastering work


4540




 


5173


51730


Painting work


4540




 


5174


51740


Floor and wall tiling work


4540




 


5175


51750


Other floor laying, wall covering and wall papering work


4540




 


5176


51760


Wood and metal joinery and carpentry work


4540




 


5177


51770


Interior fitting decoration work


4540




 


5178


51780


Ornamentation fitting work


4540




 


5179


51790


Other building completion and finishing work


4540




518


5180


51800


Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator


4550








ANNEX 9-G
GENERAL NOTES AND DEROGATIONS FROM THE PROVISIONS OF ARTICLE 9.4
PART 1
SINGAPORE'S RESERVATIONS
None.
PART 2
UNION'S RESERVATIONS








1.


Chapter Nine (Government Procurement) does not cover:






—


procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes (e.g. food aid including urgent relief aid), and










—


procurement for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time.
















2.


Procurement by procuring entities covered under Annexes 9-A and 9-B in connection with activities in the fields of drinking water, energy, transport and the postal sector are not covered by this Agreement, unless covered under Annex 9-C.












3.


Finland reserves its position with regard to the application of Chapter Nine (Government Procurement) to the Åland Islands (Ahvenanmaa).








ANNEX 9-H
MEANS OF PUBLICATION

1.   
For the Union:
The information system for European public procurement:
http://simap.europa.eu/index_en.html
The Official Journal of the European Union



2.   
For Singapore:






(a)


For paragraph 2(a) of Article 9.5 (Information on the Procurement System):
The Republic of Singapore Government Gazette










(b)


For paragraph 2(b) of Article 9.5 (Information on the Procurement System):
The Government Electronic Business portal (GeBIZ)
http://www.gebiz.gov.sg/









ANNEX 9-I
PUBLIC-PRIVATE-PARTNERSHIPS

1.   

The Parties share the understanding that a public-private-partnership (hereinafter referred to as ‘PPP’) refers to a contractual arrangement between a procuring entity and a supplier to deliver a set of services, in which the supplier is granted a major role, in particular in that the risks generally borne by the public sector (such as operative or financial risk) are partially or fully transferred to the supplier.


Possible Types of PPP Arrangements








2.


For the purpose of Chapter Nine (Government Procurement) and this Annex, PPP in particular include but are not limited to the following types of arrangements:






(a)


build-operate-transfer: any contractual arrangement the purpose of which is to provide for the construction or rehabilitation of physical infrastructures, buildings, facilities or other government-owned works and under which, as consideration for a supplier's execution of a contractual arrangement, a procuring entity grants to the supplier, for a specified period of time, temporary ownership or a right to control and operate, and demand payment for, the use of such works for the duration of the contract;










(b)


build-rent-own-transfer/build-lease-operate contracts: where a private operator may rent or lease the asset after the transfer to the procuring entity;










(c)


design-finance-build-operate contracts: where a private operator designs, builds, develops, operates and manages an asset, without a requirement to transfer the asset at the end of contract; or










(d)


lease-develop-operate contracts: where a private operator leases an existing asset, possibly expands or restores it, and operates it.








Treatment of PPP under the Union's and Singapore's Respective Legal Frameworks








3.


For the purposes of Chapter Nine (Government Procurement) and this Annex:






(a)


for the Union, PPP falls into the two categories of either public works / public services contracts or public works / public services concessions, as prescribed in the Union's relevant legislation governing public procurement;










(b)


for Singapore, PPP is governed by the provisions of the Government Procurement Act and its subsidiary legislation, provided they meet the criteria set out therein.








Coverage of PPP and Rules Applicable to PPP








4.


PPP is covered under Chapter Nine (Government Procurement) subject to Article 9.2 (Scope and Coverage).












5.


The commitments under Chapter Nine (Government Procurement) only apply to the PPP contract concluded between a covered procuring entity and a supplier to which the PPP contract is awarded. Chapter Nine (Government Procurement) does not govern:






(a)


the internal arrangement of the supplier where the supplier is a group of persons providing or seeking to provide services; or










(b)


the acquisition of goods, construction services or other services or any combination of the aforesaid by the supplier to which the PPP contract is awarded.












ANNEX 10-A
LIST OF NAMES TO BE APPLIED FOR PROTECTION AS GEOGRAPHICAL INDICATIONS IN THE TERRITORY OF THE PARTIES
SECTION A
GEOGRAPHICAL INDICATIONS OF THE UNION








 


Member State


Geographical Indication


Product Description or Product Class (1)





1.


Cyprus


Κουμανδαρία/Commandaria


Wine




2.


Cyprus


Ζιβανία/Τζιβανία/Ζιβάνα/Zivania


Spirit




3.


Czech Republic


České pivo


Beers




4.


Czech Republic


Budějovické pivo


Beers




5.


Czech Republic


Budějovický měšt'anský var


Beers




6.


Czech Republic


Českobudějovické pivo


Beers




7.


Czech Republic


Žatecký chmel


Other products of Annex I of the Treaty (spices etc.) – Hops




8.


Germany


Mittelrhein


Wine




9.


Germany


Rheinhessen


Wine




10.


Germany


Rheingau


Wine




11.


Germany


Mosel


Wine




12.


Germany


Franken


Wine




13.


Germany


Korn / Kornbrand (2)



Spirit




14.


Germany


Bayerisches Bier


Beers




15.


Germany


Münchener Bier


Beers




16.


Germany


Hopfen aus der Hallertau


Other products of Annex I of the Treaty (spices etc.) – Hops




17.


Germany


Nürnberger Bratwürste / Nürnberger Rostbratwürste


Meat products (cooked, salted, smoked, etc.) – Sausages




18.


Germany


Schwarzwälder Schinken


Meat products (cooked, salted, smoked, etc.)




19.


Germany


Aachener Printen


Bread, pastry, cakes, confectionery, biscuits and other baker's wares




20.


Germany


Nürnberger Lebkuchen


Bread, pastry, cakes, confectionery, biscuits and other baker's wares




21.


Germany


Lübecker Marzipan


Bread, pastry, cakes, confectionery, biscuits and other baker's wares




22.


Germany


Bremer Klaben


Bread, pastry, cakes, confectionery, biscuits and other baker's wares




23.


Denmark


Danablu


Cheese




24.


Ireland


Irish Whiskey / Uisce Beatha Eireannach / Irish Whisky


Spirit




25.


Ireland


Irish cream


Spirit




26.


Greece


Ρετσίνα Αττικής (Retsina of Attiki)


Wine




27.


Greece


Ούζο/Ouzo (3)



Spirit




28.


Greece


Ελιά Καλαμάτας (Elia Kalamatas)


Fruit, vegetables and cereals fresh or processed – Table olives




29.


Greece


Σάμος (Samos)


Wine




30.


Greece


Μαστίχα Χίου (Masticha Chiou)


Natural gums and resins – Chewing gum




31.


Greece


Φέτα (Feta)


Cheese




32.


Spain


Málaga


Wine




33.


Spain


Rioja


Wine




34.


Spain


Jerez – Xérès – Sherry or Jerez or Xérès or Sherry


Wine




35.


Spain


Manzanilla - Sanlúcar de Barrameda


Wine




36.


Spain


La Mancha


Wine




37.


Spain


Cava


Wine




38.


Spain


Navarra


Wine




39.


Spain


Valencia


Wine




40.


Spain


Somontano


Wine




41.


Spain


Ribera del Duero


Wine




42.


Spain


Penedès


Wine




43.


Spain


Bierzo


Wine




44.


Spain


Empordà


Wine




45.


Spain


Priorat


Wine




46.


Spain


Rueda


Wine




47.


Spain


Rías Baixas


Wine




48.


Spain


Jumilla


Wine




49.


Spain


Toro


Wine




50.


Spain


Valdepeñas


Wine




51.


Spain


Cataluña


Wine




52.


Spain


Alicante


Wine




53.


Spain


Utiel-requena


Wine




54.


Spain


Brandy de Jerez


Spirit




55.


Spain


Pacharán Navarro


Spirit




56.


Spain


Baena


Oils and fats (butter, margarine, oil, etc.) Olive oil




57.


Spain


Sierra Mágina


Oils and fats (butter, margarine, oil, etc.) Olive oil




58.


Spain


Aceite del Baix Ebre-Montsía / Oli del Baix Ebre-Montsía


Oils and fats (butter, margarine, oil, etc.) Olive oil




59.


Spain


Aceite del Bajo Aragón


Oils and fats (butter, margarine, oil, etc.) Olive oil




60.


Spain


Antequera


Oils and fats (butter, margarine, oil, etc.) Olive oil




61.


Spain


Priego de Córdoba


Oils and fats (butter, margarine, oil, etc.) Olive oil




62.


Spain


Sierra de Cádiz


Oils and fats (butter, margarine, oil, etc.) Olive oil




63.


Spain


Sierra de Segura


Oils and fats (butter, margarine, oil, etc.) Olive oil




64.


Spain


Sierra de Cazorla


Oils and fats (butter, margarine, oil, etc.) Olive oil




65.


Spain


Siurana


Oils and fats (butter, margarine, oil, etc.) Olive oil




66.


Spain


Aceite de Terra Alta; Oli de Terra Alta


Oils and fats (butter, margarine, oil, etc.) Olive oil




67.


Spain


Les Garrigues


Oils and fats (butter, margarine, oil, etc.) Olive oil




68.


Spain


Estepa


Oils and fats (butter, margarine, oil, etc.) Olive oil




69.


Spain


Guijuelo


Meat products (cooked, salted, smoked, etc.) – Hams




70.


Spain


Jabugo


Meat products (cooked, salted, smoked, etc.) – Hams




71.


Spain


Jamón de Teruel / Paleta de Teruel


Meat products (cooked, salted, smoked, etc.) – Hams




72.


Spain


Salchichón de Vic / Llonganissa de Vic


Meat products (cooked, salted, smoked, etc.) – Sausages




73.


Spain


Mahón-Menorca


Cheese




74.


Spain


Queso Manchego


Cheese




75.


Spain


Cítricos Valencianos / Cîtrics Valencians


Fruit, vegetables and cereals fresh or processed – Citrus




76.


Spain


Jijona


Bread, pastry, cakes, confectionery, biscuits and other baker's wares – Nougat




77.


Spain


Turrón de Alicante


Bread, pastry, cakes, confectionery, biscuits and other baker's wares




78.


Spain


Azafrán de la Mancha


Other products of Annex I of the Treaty (spices etc.) – Saffron




79.


France


Beaujolais


Wine




80.


France


Bordeaux


Wine




81.


France


Bourgogne


Wine




82.


France


Chablis


Wine




83.


France


Champagne


Wine




84.


France


Graves (Graves de Vayres)


Wine




85.


France


Médoc


Wine




86.


France


Moselle


Wine




87.


France


Saint-Emilion


Wine




88.


France


Sauternes


Wine




89.


France


Haut-Médoc


Wine




90.


France


Alsace


Wine




91.


France


Côtes du Rhône


Wine




92.


France


Languedoc (coteaux du Languedoc)


Wine




93.


France


Côtes du Roussillon


Wine




94.


France


Châteauneuf-du-Pape


Wine




95.


France


Côtes de Provence


Wine




96.


France


Margaux


Wine




97.


France


Touraine


Wine




98.


France


Anjou


Wine




99.


France


Pays d'Oc


Wine




100.


France


Val de Loire


Wine




101.


France


Cognac


Spirit




102.


France


Armagnac


Spirit




103.


France


Calvados


Spirit




104.


France


Comté


Cheese




105.


France


Reblochon / Reblochon de Savoie


Cheese




106.


France


Roquefort


Cheese




107.


France


Camembert de Normandie


Cheese




108.


France


Brie de Meaux


Cheese




109.


France


Emmental de Savoie


Cheese




110.


France


Pruneaux d'Agen / Pruneaux d'Agen mi-cuits


Fruit, vegetables and cereals fresh or processed – Dried cooked plums




111.


France


Huîtres de Marennes Oléron


Fresh fish, molluscs, and crustaceans and products derived there from – Oyster




112.


France


Canards à foie gras du Sud-Ouest (Chalosse, Gascogne, Gers, Landes, Périgord, Quercy)


Meat products (cooked, salted, smoked, etc.) – Ducks




113.


France


Jambon de Bayonne


Meat products (cooked, salted, smoked, etc.) – Hams




114.


France


Huile d'olive de Haute-Provence


Oils and fats (butter, margarine, oil, etc.) Olive oil




115.


France


Huile essentielle de lavande de Haute-Provence


Essential oil – Lavender




116.


Italy


Aceto balsamico Tradizionale di Modena


Other products of Annex I of the Treaty (spices etc.) – Sauces




117.


Italy


Aceto balsamico di Modena


Other products of Annex I of the Treaty (spices etc.) – Sauces




118.


Italy


Cotechino Modena


Meat products (cooked, salted, smoked, etc.)




119.


Italy


Zampone Modena


Meat products (cooked, salted, smoked, etc.)




120.


Italy


Bresaola della Valtellina


Meat products (cooked, salted, smoked, etc.)




121.


Italy


Mortadella Bologna


Meat products (cooked, salted, smoked, etc.)




122.


Italy


Prosciutto di Parma


Meat products (cooked, salted, smoked, etc.) – Hams




123.


Italy


Prosciutto di San Daniele


Meat products (cooked, salted, smoked, etc.) – Hams




124.


Italy


Prosciutto Toscano


Meat products (cooked, salted, smoked, etc.) – Hams




125.


Italy


Provolone Valpadana


Cheese




126.


Italy


Taleggio


Cheese




127.


Italy


Asiago


Cheese




128.


Italy


Fontina


Cheese




129.


Italy


Gorgonzola


Cheese




130.


Italy


Grana Padano


Cheese




131.


Italy


Mozzarella di Bufala Campana


Cheese




132.


Italy


Parmigiano Reggiano


Cheese




133.


Italy


Pecorino Romano


Cheese




134.


Italy


Pecorino Sardo


Cheese




135.


Italy


Pecorino Toscano


Cheese




136.


Italy


Arancia Rossa di Sicilia


Fruit, vegetables and cereals fresh or processed




137.


Italy


Cappero di Pantelleria


Fruit, vegetables and cereals fresh or processed




138.


Italy


Kiwi Latina


Fruit, vegetables and cereals fresh or processed




139.


Italy


Lenticchia di Castelluccio di Norcia


Fruit, vegetables and cereals fresh or processed




140.


Italy


Mela Alto Adige / Südtiroler apfel


Fruit, vegetables and cereals fresh or processed




141.


Italy


Pesca e nettarina di Romagna


Fruit, vegetables and cereals fresh or processed




142.


Italy


Pomodoro di Pachino


Fruit, vegetables and cereals fresh or processed




143.


Italy


Grappa


Spirit




144.


Italy


Chianti


Wine




145.


Italy


Marsala


Wine




146.


Italy


Asti


Wine




147.


Italy


Barbaresco


Wine




148.


Italy


Bardolino (superiore)


Wine




149.


Italy


Barolo


Wine




150.


Italy


Brachetto d'Acqui


Wine




151.


Italy


Brunello di Montalcino


Wine




152.


Italy


Vino nobile di Montepulciano


Wine




153.


Italy


Bolgheri Sassicaia


Wine




154.


Italy


Dolcetto d'Alba


Wine




155.


Italy


Franciacorta


Wine




156.


Italy


Lambrusco di Sorbara


Wine




157.


Italy


Lambrusco Grasparossa di Castelvetro


Wine




158.


Italy


Montepulciano d’Abruzzo


Wine




159.


Italy


Soave


Wine




160.


Italy


Campania


Wine




161.


Italy


Sicilia


Wine




162.


Italy


Toscano/a


Wine




163.


Italy


Veneto


Wine




164.


Italy


Conegliano – Prosecco / Conegliano Valdobbiadene – Prosecco / Valdobbiadene – Prosecco


Wine




165.


Hungary


Tokaj


Wine




166.


Hungary


Törkölypálinka


Spirit




167.


Hungary


Pálinka


Spirit




168.


Hungary


Szegedi téliszalámi / Szegedi szalámi


Meat products (cooked, salted, smoked, etc.)




169.


Austria


Jägertee / Jagertee / Jagatee


Spirit




170.


Austria


Inländerrum


Spirit




171.


Austria


Tiroler Speck


Meat products (cooked, salted, smoked, etc.) – Hams




172.


Austria


Steirischer Kren


Fruit, vegetables and cereals fresh or processed




173.


Poland


Polska Wódka/Polish Vodka


Spirit




174.


Poland


Wódka ziołowa z Niziny Północnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej / Herbal vodka from the North Podlasie Lowland aromatised with an extract of bison grass


Spirit




175.


Poland


Polish Cherry


Spirit




176.


Portugal


Queijo S. Jorge


Cheese




177.


Portugal


Vin de Madère / Madère / Madera / Madeira Wijn / Vino di Madera / Madeira Wein / Madeira Wine / Madeira / Vinho da Madeira


Wine




178.


Portugal


Oporto / Portvin / Portwein / Portwijn / vin de Porto / Port Wine / Port / vinho do Porto / Porto


Wine




179.


Portugal


Douro


Wine




180.


Portugal


Dão


Wine




181.


Portugal


Bairrada


Wine




182.


Portugal


Vinho Verde


Wine




183.


Portugal


Alentejo


Wine




184.


Romania


Dealu Mare


Wine




185.


Romania


Murfatlar


Wine




186.


Romania


Cotnari


Wine




187.


Romania


Coteşti


Wine




188.


Romania


Panciu


Wine




189.


Romania


Recaş


Wine




190.


Romania


Odobeşti


Wine




191.


Romania


Târnave


Wine




192.


Slovakia


Vinohradnícka oblasť Tokaj


Wine




193.


Finland


Suomalainen Vodka / Finsk Vodka / Vodka of Finland


Spirit




194.


Finland


Finnish berry liqueur / Finnish fruit liqueur


Spirit




195.


Sweden


Svensk Vodka / Swedish Vodka


Spirit




196.


United Kingdom


Scotch Whisky


Spirit




SECTION B
Geographical indications of Singapore


(1)  According to classification for GI covered by Regulation (EU) No 1151/2012 as set out in Annex XI to Commission Implementing Regulation (EU) No 668/2014.

(2)  Product of Germany, Austria, Belgium (German-speaking Community).

(3)  Product of Greece or Cyprus.




ANNEX 10-B
PROTECTED GEOGRAPHICAL INDICATIONS
SECTION A
Geographical Indications of the Union
SECTION B
Geographical Indications of Singapore




ANNEX 11-A
PRINCIPLES APPLICABLE TO OTHER SUBSIDIES

1.   

In principle, other subsidies related to trade in goods and the supply of services, which are not covered by Article 11.7 (Prohibited Subsidies), should not be granted by a Party where they affect, or are likely to affect, the trade of either Party.



2.   
Notwithstanding paragraph 1, the following subsidies may be granted by a Party where they are necessary to achieve an objective of public interest, and where the amounts of the subsidies involved are limited to the minimum needed to achieve that objective and their effect on the trade of the other Party is limited:






(a)


subsidies that have a social character and that are granted to individual consumers, provided that such subsidies are granted without discrimination regarding the origin of the products concerned;










(b)


subsidies to make good the damage caused by natural disasters or exceptional occurrences;










(c)


subsidies to promote the economic development of areas in which the standard of living is abnormally low or in which there is serious underemployment;










(d)


subsidies to remedy a serious disturbance in the economy of one of the Parties;










(e)


subsidies to facilitate the development of certain economic activities or the development of certain economic areas, where such aid does not affect the conditions of trade of either Party or competition between the Parties (1);










(f)


subsidies to companies entrusted with the operation of clearly defined services of general economic interest, provided that such subsidies are limited to the cost of providing such services;










(g)


subsidies to promote culture and heritage conservation, where those subsidies do not affect conditions of trade of either Party and competition between the Parties; and










(h)


subsidies to promote the execution of an important project of regional or bilateral interest.







(1)  This category may include but is not limited to, subsidies for clearly defined research, development and innovation purposes, subsidies for training or for the creation of employment, subsidies for environmental purposes, and subsidies in favour of small and medium-sized companies, defined as companies employing fewer than 250 persons.




ANNEX 14-A
RULES OF PROCEDURE FOR ARBITRATION
General provisions








1.


In Chapter Fourteen (Dispute Settlement) and under this Annex:






—



                        ‘adviser’ means a person retained by a Party to advise or assist that Party in connection with the arbitration panel proceeding;










—



                        ‘arbitrator’ means a member of an arbitration panel established under Article 14.5 (Establishment of the Arbitration Panel);










—



                        ‘assistant’ means a person who, under the terms of appointment of an arbitrator, conducts research or provides assistance to the arbitrator;










—



                        ‘complaining Party’ means any Party that requests the establishment of an arbitration panel under Article 14.4 (Initiation of Arbitration Procedure);










—



                        ‘Party complained against’ means the Party that is alleged to be in violation of the provisions referred to in Article 14.2 (Scope);










—



                        ‘arbitration panel’ means a panel established under Article 14.5 (Establishment of the Arbitration Panel);










—



                        ‘representative of a Party’ means an employee or any person who has been appointed by a government department, government agency, or any other public entity of a Party to represent that Party for the purposes of a dispute under this Agreement.
















2.


This Annex applies to dispute settlement proceedings under Chapter Fourteen (Dispute Settlement) unless the Parties agree otherwise.












3.


The Party complained against shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless otherwise agreed. The Parties shall share equally the expenses resulting from organisational matters, including the expenses of the arbitrators.




Notifications








4.


The Parties and the arbitration panel shall transmit any request, notice, written submission or other document by e-mail, with a copy submitted on the same day by facsimile transmission, registered post, courier, delivery against receipt or any other means of telecommunication that provides a record of the sending thereof. Unless proven otherwise, an e-mail message shall be deemed to be received on the date of its sending.












5.


A Party shall provide an electronic copy of each of its written submissions and rebuttals to each of the arbitrators and to the other Party simultaneously. A paper copy of the document shall also be provided.












6.


All notifications shall be addressed to the Director-General, Directorate-General for Trade of the European Commission and to the Director, North America and Europe Division, Singapore Ministry of Trade and Industry, respectively.












7.


Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceeding may be corrected by delivery of a new document clearly indicating the changes, unless the other Party objects.












8.


If the last day for delivery of a document falls on an official legal holiday of Singapore or of the Union, the document shall be delivered on the next business day.












9.


Depending on the object of the provisions under dispute, all requests and notifications addressed to the Trade Committee in accordance with Chapter Fourteen (Dispute Settlement) shall also be copied to the other relevant specialised committees established under the Agreement.




Commencing the arbitration








10.









(a)


If pursuant to Article 14.5 (Establishment of the Arbitration Panel) or to Rules 22, 24 or 51 of this Annex, arbitrators are selected by lot, representatives of both Parties are entitled to be present when the lots are drawn.










(b)


Unless the Parties agree otherwise, they shall meet with the arbitration panel within seven days of its establishment in order to determine such matters as the Parties or the arbitration panel deems appropriate, including the remuneration and expenses to be paid to the arbitrators. Arbitrators and representatives of the Parties may take part in such meetings via telephone or video conference.

















11.









(a)


Unless the Parties agree otherwise within seven days from the date of establishment of the arbitration panel, the terms of reference of the arbitration panel shall be:

                                 ‘to examine, in the light of the relevant provisions of the Agreement, the matter referred to in the request for establishment of the arbitration panel made pursuant to Article 14.4; to rule on the compatibility of the measure in question with the provisions referred to in Article 14.2 by making findings of law and/or fact, together with the reasons thereof; and to issue a ruling in accordance with Articles 14.7 and 14.8.’
                              










(b)


Where the Parties have agreed on the terms of reference of the arbitration panel, they shall notify such agreement to the arbitration panel forthwith.









Initial submissions








12.


The complaining Party shall deliver its initial written submission no later than 20 days after the date of the establishment of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 20 days after the date of the delivery of the initial written submission.




Working of arbitration panels








13.


The chairperson of the arbitration panel shall preside at all its meetings. An arbitration panel may delegate authority to the chairperson to make administrative and procedural decisions.












14.


Unless otherwise provided in Chapter Fourteen (Dispute Settlement), the arbitration panel may conduct its activities by any means of communication, including by telephone, facsimile transmissions or computer links.












15.


Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may permit assistants to be present at its deliberations.












16.


The drafting of any ruling shall remain the exclusive responsibility of the arbitration panel, and shall not be delegated.












17.


Where a procedural question arises that is not covered by Chapter Fourteen (Dispute Settlement) and its Annexes, the arbitration panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those provisions.












18.


When the arbitration panel considers that there is a need to modify any time limit applicable to the proceedings or to make any other procedural or administrative adjustment, it shall inform the Parties in writing of the reasons for the change or adjustment and of the period or adjustment needed.




Replacement








19.


If an arbitrator is unable to participate in the proceeding, withdraws, or must be replaced, a replacement shall be selected in accordance with Article 14.5 (Establishment of the Arbitration Panel).












20.


Where a Party considers that an arbitrator should be replaced because he or she does not comply with the requirements of the Code of Conduct under Annex 14-B (hereinafter referred to as ‘Code of Conduct’), that Party should notify the other Party within 15 days from the time at which it came to know of the circumstances underlying the arbitrator’s non-compliance with the Code of Conduct.












21.


Where a Party considers that an arbitrator other than the chairperson does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, replace the arbitrator and select a replacement following the procedure set out in Article 14.5 (Establishment of the Arbitration Panel).












22.


If the Parties fail to agree on the need to replace an arbitrator, any Party may request that such matter be referred to the chairperson of the arbitration panel, whose decision shall be final.
If, pursuant to such a request, the chairperson finds that an arbitrator did not comply with the requirements of the Code of Conduct, a new arbitrator shall be selected.
The Party which had selected the arbitrator who needs to be replaced shall select one arbitrator from among the remaining relevant individuals on the list established under paragraph 2 of Article 14.20 (Lists of Arbitrators). If the Party fails to select an arbitrator within five days of the finding of the chairperson of the arbitration panel, the chair of the Trade Committee or the chair’s delegate shall select an arbitrator by lot from the remaining relevant individuals on the list established under paragraph 2 of Article 14.20 (Lists of Arbitrators) within ten days of the finding of the chairperson of the arbitration panel.
Should the list provided for in paragraph 2 of Article 14.20 (Lists of Arbitrators) not be established at the time required pursuant to paragraph 4 of Article 14.5 (Establishment of the Arbitration Panel), the Party which had selected the arbitrator who needs to be replaced or, if that Party fails, the chairperson of the Trade Committee or the chairperson's delegate, shall select an arbitrator within five days of the finding of the chairperson of the arbitration panel where:






(a)


the Party had failed to propose individuals, from among the remaining individuals proposed by the other Party pursuant to paragraph 2 of Article 14.20 (Lists of Arbitrators); or










(b)


the Parties had failed to agree on a list of names pursuant to Article paragraph 2 of Article 14.20 (Lists of Arbitrators), from among the individuals the Party had proposed pursuant to paragraph 2 of Article 14.20 (Lists of Arbitrators).
















23.


Where a Party considers that the chairperson of the arbitration panel does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, replace the chairperson and select a replacement following the procedure set out in Article 14.5 (Establishment of the Arbitration Panel).












24.


If the Parties fail to agree on the need to replace the chairperson of the arbitration panel, any Party may request that such matter be referred to a neutral third party. If the Parties are unable to agree on a neutral third party, such matter shall be referred to one of the remaining members on the list referred to under paragraph 1 of Article 14.20 (Lists of Arbitrators). Her or his name shall be selected by lot by the chairperson of the Trade Committee or by the chairperson's delegate. The decision by this person on the need to replace the chairperson of the arbitration panel shall be final.
If this person decides that the original chairperson of the arbitration panel did not comply with the requirements of the Code of Conduct, the Parties shall agree on the replacement. If the Parties fail to agree on a new chairperson of the arbitration panel, the chairperson of the Trade Committee, or the chairperson's delegate, shall select a new chairperson by lot from among the remaining members on the list referred to under paragraph 1 of Article 14.20 (Lists of Arbitrators). The remaining members on the list shall exclude, where relevant, the person who decided that the original chairperson did not comply with the requirements of the Code of Conduct. The selection of the new chairperson shall be done within five days of the finding of the need to replace the chairperson.












25.


The arbitration panel proceedings shall be suspended for the period during which the procedures provided for in Rules 19, 20, 21, 22, 23 and 24 of this Annex are carried out.




Hearings








26.


The chairperson shall fix the date and time of the hearing in consultation with the Parties and the other arbitrators, and shall confirm this in writing to the Parties. This information shall also be made publicly available by the Party in charge of the logistical administration of the proceedings, unless the hearing is closed to the public. Unless a Party disagrees, the arbitration panel may decide not to convene a hearing.












27.


Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Singapore and in Singapore if the complaining Party is the Union.












28.


The arbitration panel may convene additional hearings if the Parties so agree.












29.


All arbitrators shall be present during the entirety of any hearings.












30.


The following persons may attend the hearing, irrespective of whether the proceedings are open to the public or not:






(a)


representatives of the Parties;










(b)


advisers to the Parties;










(c)


administrative staff, interpreters, translators and court reporters; and










(d)


arbitrators' assistants.




Only the representatives and advisers of the Parties may address the arbitration panel.












31.


No later than five days before the date of a hearing, each Party shall simultaneously deliver to the arbitration panel and to the other Party a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers who are to attend the hearing.












32.


The hearings of the arbitration panels shall be open to the public, unless the Parties decide that the hearings shall be partially or completely closed to the public. Where the hearings are open to the public, unless the Parties agree otherwise, the following shall apply:






(a)


public viewing shall take place via simultaneous closed circuit television broadcast to a separate viewing room at the venue of the arbitration;










(b)


registration for public viewing of the hearings shall be required;










(c)


no audio or video recording or photography shall be permitted in the viewing room;










(d)


the panel shall have the right to call for a closed session of any of the hearings in order to address issues related to any confidential information.




The arbitration panel shall meet in closed session when the submission and arguments of a Party contains confidential information. Exceptionally, the panel shall have the right to conduct the hearing in a closed session at any time on its own initiative or at the request of either Party.












33.


The arbitration panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time:
Submissions






(a)


submission of the complaining Party;










(b)


counter-submission of the Party complained against;




Rebuttals






(a)


rebuttal of the complaining Party;










(b)


counter-rebuttal of the Party complained against.
















34.


The arbitration panel may put questions to either Party at any time during the hearing.












35.


The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered to the Parties as soon as possible.












36.


Each Party may submit to the arbitration panel and simultaneously to the other Party a supplementary written submission concerning any matter that arose during the hearing within ten days of the date of the hearing.




Questions in writing








37.


The arbitration panel may address written questions at any time during the proceedings to one or both Parties. Each of the Parties shall receive a copy of any written questions put by the arbitration panel.












38.


Each Party shall provide a copy of its written response to the arbitration panel's questions simultaneously to the arbitration panel and to the other Party. Each Party shall be given the opportunity to provide written comments on the other Party's response within five days of the date of receipt.




Confidentiality








39.


Where arbitration panel hearings are held in closed session, in accordance with Rule 32 of this Annex, the Parties and their advisers shall maintain the confidentiality of the hearings, the deliberations, the interim panel report, all written submissions to the panel, and all communications with the panel. Each Party and its advisers shall treat as confidential any information submitted by the other Party to the arbitration panel, where that Party has designated such information as confidential. Where a Party's submission to the arbitration panel contains confidential information, that Party shall also provide, upon request of the other Party, within 15 days, a non-confidential version of the submission that could be disclosed to the public. Nothing in this Annex shall preclude a Party from disclosing statements of its own positions to the public, to the extent that, when making reference to information submitted by the other Party, to the extent that it does not disclose any information designated by the other Party as confidential.





Ex parte contacts








40.


The arbitration panel shall not meet, hear or otherwise contact a Party in the absence of the other Party.












41.


No arbitrators may discuss any aspect of the subject matter of the proceedings with a Party or with the Parties in the absence of the other arbitrators.





Amicus curiae submissions








42.


Unless the Parties agree otherwise within three days of the date of the establishment of the arbitration panel, the arbitration panel may consider unsolicited written submissions from interested natural or legal persons of the Parties, provided that those submissions are made within ten days of the date of the establishment of the arbitration panel, that they are concise and in no case are longer than 15 typed pages, including any annexes, and that they are directly relevant to the factual issue under consideration by the arbitration panel.












43.


The submission shall contain a description of the person making the submission, whether natural or legal, including the person's nationality or place of establishment, the nature of the person's activities and the source of the person's financing, and shall specify the nature of the interest that the person has in the arbitration proceeding. It shall be submitted in the languages chosen by the Parties in accordance with Rule 46 of this Annex.












44.


The arbitration panel shall list in its ruling all the submissions it has received that conform to Rules 42 and 43 of this Annex. The arbitration panel shall not be obliged to address in its ruling the arguments made in such submissions. Any submission obtained by the arbitration panel under this Annex shall be submitted to the Parties for their comments.




Urgent cases








45.


In cases of urgency referred to in Chapter Fourteen (Dispute Settlement), the arbitration panel, after consulting the Parties, shall adjust the time limits referred to in this Annex as appropriate and shall notify the Parties of such adjustments.




Translation and interpretation








46.


During the consultations referred to in Article 14.3 (Consultations), and no later than the meeting referred to in Rule 10(b) of this Annex, the Parties shall endeavour to agree on a common working language for the proceedings before the arbitration panel.












47.


Any Party may provide comments on any translated version of a document drawn up in accordance with this Annex.












48.


In the event of any divergence over the interpretation of this Agreement, the arbitration panel shall take account of the fact that this Agreement was negotiated in English.




Calculation of time-limits








49.


Where, by reason of the application of Rule 8 of this Annex, a Party receives a document on a date other than the date on which this document is received by the other Party, any period of time that is calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.




Other procedures








50.


This Annex also applies to procedures under paragraph 2 of Article 14.10 (Reasonable Period of Time for Compliance), paragraph 2 of Article 14.11 (Review of Any Measure Taken to Comply with the Arbitration Panel Ruling), paragraph 3 of Article 14.12 (Temporary Remedies in Case of Non-compliance), paragraph 2 of Article 14.13 (Review of Any Measure Taken to Comply After the Suspension of Obligations). The time limits laid down in this Annex shall be adjusted in line with the special time limits provided for the adoption of rulings by the arbitration panel in those other procedures.












51.


In the event that the original panel, or some of its members, are unable to reconvene for the procedures under paragraph 2 of Article 14.10 (Reasonable Period of Time for Compliance), paragraph 2 of Article 14.11 (Review of Any Measure Taken to Comply with the Arbitration Panel Ruling), paragraph 3 of Article 14.12 (Temporary Remedies in Case of Non-compliance), paragraph 2 of Article 14.13 (Review of Any Measure Taken to Comply After the Suspension of Obligations), the procedures set out in Article 14.5 (Establishment of the Arbitration Panel) shall apply. The time limit for the notification of the ruling shall be extended by 15 days.








ANNEX 14-B
CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS
Definitions








1.


In this Code of Conduct:






—



                        ‘arbitrator’ means a member of an arbitration panel established under Article 14.5 (Establishment of the Arbitration Panel);










—



                        ‘candidate’ means an individual whose name is on the list of arbitrators referred to in Article 14.20 (Lists of Arbitrators) and who is under consideration for selection as an arbitrator under Article 14.5 (Establishment of the Arbitration Panel);










—



                        ‘assistant’ means a person who, under the terms of appointment of an arbitrator, conducts research or provides assistance to the arbitrator;










—



                        ‘proceeding’, unless otherwise specified, means an arbitration panel proceeding under Chapter Fourteen (Dispute Settlement);










—



                        ‘staff’, in respect of an arbitrator, means persons under the direction and control of the arbitrator, other than assistants.








Responsibilities to the process








2.


Throughout the proceedings, every candidate and arbitrator shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests, and shall observe high standards of conduct, so that the integrity and impartiality of the dispute settlement mechanism is preserved. Arbitrators shall not take instructions from any organisation or government with regard to matters before a Panel. Former arbitrators shall comply with the obligations laid down in paragraphs 15, 16, 17 and 18 of this Code of Conduct.




Disclosure obligations








3.


Prior to confirmation of his or her selection as an arbitrator under Chapter Fourteen (Dispute Settlement), a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality, or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.












4.


A candidate or arbitrator shall only communicate matters concerning actual or potential violations of this Code of Conduct to the Trade Committee, for consideration by the Parties.












5.


Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 3 of this Code of Conduct and shall disclose them. The disclosure obligation is a continuing duty which requires an arbitrator to disclose any such interests, relationships or matters that may arise during any stage of the proceeding, at the earliest time the arbitrator becomes aware of it. The arbitrator shall disclose such interests, relationships and matters by informing the Trade Committee in writing, for consideration by the Parties.




Duties of arbitrators








6.


Upon selection, an arbitrator shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence.












7.


An arbitrator shall consider only those issues that are raised in the proceeding and that are necessary for a ruling, and shall not delegate this duty to any other person.












8.


An arbitrator shall take all appropriate steps to ensure that his or her assistants and staff are aware of, and comply with, paragraphs 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct.












9.


An arbitrator shall not engage in ex parte contacts concerning the proceeding.




Independence and impartiality of arbitrators








10.


An arbitrator shall be independent and impartial, must avoid creating an appearance of impropriety or bias, and shall not be influenced by self-interest, outside pressure, political considerations, public clamour, and loyalty to a Party, or fear of criticism.












11.


An arbitrator shall not directly or indirectly incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of her or his duties.












12.


An arbitrator may not use her or his position on the arbitration panel to advance any personal or private interests, and shall avoid actions that may create the impression that others are in a special position to influence her or him.












13.


An arbitrator may not allow financial, business, professional, family or social relationships or responsibilities to influence her or his conduct or judgement.












14.


An arbitrator shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect her or his impartiality, or that might reasonably create an appearance of impropriety or bias.




Obligations of former arbitrators








15.


All former arbitrators must avoid actions that may create the appearance that they were biased in carrying out their duties or that they derived any advantage from the decision or ruling of the arbitration panel.




Confidentiality








16.


No arbitrator or former arbitrator shall at any time disclose or use any non-public information concerning a proceeding or acquired during a proceeding except for the purposes of that proceeding, and, in particular, shall not disclose or use any such information for personal advantage or an advantage for others or to affect the interest of others.












17.


An arbitrator shall not disclose an arbitration panel ruling or parts thereof prior to its publication in accordance with Chapter Fourteen (Dispute Settlement).












18.


An arbitrator or former arbitrator shall not at any time disclose the deliberations of an arbitration panel, or any arbitrator's view regarding the deliberations.




Expenses








19.


Each arbitrator shall keep a record and render a final account of the time devoted to the proceedings and of his or her expenses, as well as the time and expenses of his or her assistants.




Mediators








20.


The disciplines described in this Code of Conduct applying to arbitrators or former arbitrators shall apply, mutatis mutandis, to mediators.











PROTOCOL 1
CONCERNING THE DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ AND METHODS OF ADMINISTRATIVE CO-OPERATION

TABLE OF CONTENTS
SECTION 1
GENERAL PROVISIONS
ARTICLE 1 Definitions
SECTION 2
DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’
ARTICLE 2 General requirements
ARTICLE 3 Cumulation of Origin
ARTICLE 4 Wholly Obtained Products
ARTICLE 5 Sufficiently Worked or Processed Products
ARTICLE 6 Insufficient Working or Processing
ARTICLE 7 Unit of Qualification
ARTICLE 8 Accessories, Spare Parts and Tools
ARTICLE 9 Sets
ARTICLE 10 Neutral Elements
ARTICLE 11 Accounting Segregation
SECTION 3
TERRITORIAL REQUIREMENTS
ARTICLE 12 Principle of Territoriality
ARTICLE 13 Non Alteration
ARTICLE 14 Exhibitions
SECTION 4
DRAWBACK OR EXEMPTION
ARTICLE 15 Prohibition of Drawback of, or Exemption from, Customs Duties
SECTION 5
ORIGIN DECLARATION
ARTICLE 16 General Requirements
ARTICLE 17 Conditions for Making Out an Origin Declaration
ARTICLE 18 Approved Exporter
ARTICLE 19 Validity of Origin Declaration
ARTICLE 20 Submission of Origin Declaration
ARTICLE 21 Importation in Instalments
ARTICLE 22 Exemptions from Origin Declaration
ARTICLE 23 Supporting Documents
ARTICLE 24 Preservation of Origin Declaration and Supporting Documents
ARTICLE 25 Discrepancies and Formal Errors
ARTICLE 26 Amounts Expressed in Euro
SECTION 6
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
ARTICLE 27 Cooperation between Competent Authorities
ARTICLE 28 Verification of Origin Declarations
ARTICLE 29 Administrative Enquiries
ARTICLE 30 Settlement of Disputes
ARTICLE 31 Penalties
SECTION 7
CEUTA AND MELILLA
ARTICLE 32 Application of this Protocol
ARTICLE 33 Special Conditions
SECTION 8
FINAL PROVISIONS
ARTICLE 34 Amendments to this Protocol
ARTICLE 35 Transitional Provisions for Goods in Transit or Storage
List of Appendices
ANNEX A: INTRODUCTORY NOTES TO THE LIST IN ANNEX B
ANNEX B: LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS
ANNEX B (a): ADDENDUM TO ANNEX B
ANNEX C: MATERIALS EXCLUDED FROM CUMULATION UNDER PARAGRAPH 2 OF ARTICLE 3
ANNEX D: PRODUCTS REFERRED TO IN PARAGRAPH 9 OF ARTICLE 3 FOR WHICH MATERIALS ORIGINATING IN AN ASEAN COUNTRY SHALL BE CONSIDERED AS MATERIALS ORIGINATING IN A PARTY
ANNEX E: TEXT OF THE ORIGIN DECLARATION
Joint Declarations
JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA
JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO
JOINT DECLARATION CONCERNING THE REVISION OF THE RULES OF ORIGIN CONTAINED IN PROTOCOL 1


SECTION 1

GENERAL PROVISIONS


ARTICLE 1

Definitions


1.   For the purposes of this Protocol:






(a)


‘ASEAN country’ means a member state of the Association of Southeast Asian Nations which is not a Party to this Agreement;










(b)


‘chapters’ and ‘headings’ and ‘subheadings’ mean the chapters, the headings and sub-headings used in the nomenclature which makes up the Harmonized System with the changes pursuant to the Recommendation of 26 June 2004 of the Customs Cooperation Council;










(c)


‘classified’ refers to the classification of a product or material under a particular chapter, heading, or sub-heading of the Harmonized System;










(d)


‘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;










(e)


‘customs value’ means the value as determined in accordance with the Customs Valuation Agreement;










(f)


‘ex-works price’ means the price paid for the product ex-works to the manufacturer 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 related to its production, minus any internal taxes which are, or may be, repaid when the product obtained is exported.
Where the actual price paid does not reflect all costs related to the manufacturing of the product which are actually incurred in the Union or in Singapore, the ex-works price means the sum of all those costs, minus any internal taxes which are, or may be, repaid when the product obtained is exported;










(g)


‘fungible materials’ means materials that are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another once they are incorporated into the finished product;










(h)


‘goods’ means both materials and products;










(i)


‘manufacture’ means any kind of working or processing including assembly;










(j)


‘material’ means any ingredient, raw material, component or part, etc., used in the manufacture of the product;










(k)


‘product’ means the product being manufactured, even if it is intended for later use in another manufacturing operation; and










(l)


‘value of materials’ means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the Union or in Singapore.






2.   For the purposes of subparagraph 1(f), where the last working or processing has been subcontracted to a manufacturer, the term ‘manufacturer’ may refer to the enterprise that has employed the subcontractor.




SECTION 2

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’
               


ARTICLE 2

General Requirements

For the purposes of this Agreement, the following products shall be considered as originating in a Party:






(a)


products wholly obtained in a Party within the meaning of Article 4; and










(b)


products obtained in a Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Party concerned within the meaning of Article 5.






ARTICLE 3

Cumulation of Origin


1.   Notwithstanding Article 2 (General Requirements), products shall be considered as originating in a Party if such products are obtained there by incorporating materials originating in the other Party, provided that the working or processing carried out goes beyond the operations referred to in Article 6 (Insufficient Working or Processing). It shall not be necessary that the materials of the other Party have undergone sufficient working or processing.


2.   Materials originating in an ASEAN country which is applying with the Union a preferential agreement in accordance with Article XXIV of the GATT 1994, shall be considered as materials originating in a Party when incorporated in a product obtained in that Party, provided that they have undergone working or processing in that Party which goes beyond the operations referred to in Article 6 (Insufficient Working or Processing).


3.   For the purposes of paragraph 2, the origin of the materials shall be determined according to the rules of origin applicable in the framework of the Union's preferential agreements with those countries.


4.   For the purposes of paragraph 2, the originating status of materials exported from one of the ASEAN countries to a Party to be used in further working or processing shall be established by a proof of origin under which these materials could be exported directly to the Union.


5.   The cumulation provided for in paragraphs 2 to 7 may only be applied provided that:






(a)


the ASEAN countries involved in the acquisition of the originating status have undertaken to:






(i)


comply or ensure compliance with this Protocol; and










(ii)


provide the administrative cooperation necessary to ensure the correct implementation of this Protocol both with regard to the Union and among themselves;














(b)


the undertakings referred to in subparagraph (a) have been notified to the Union.






6.   Origin declarations issued by application of paragraph 4 shall bear one of the following entries:






(a)


‘Application of Article 3(2) of Protocol 1 of the EU/Singapore FTA’; or










(b)


‘Application du paragraphe 2 de l'article 3 du protocole no 1 de l'ALE UE/Singapour’.






7.   The materials listed in Annex C to this Protocol shall be excluded from the cumulation provided for in paragraphs 2 to 6 where at the time of importation of the product:






(a)


the tariff preference applicable to the materials in a Party is not the same for all the countries involved in the cumulation; and










(b)


the materials concerned would benefit, through cumulation, from a tariff treatment more favourable than the one they would benefit from if directly exported to a Party.






8.   At the request of a Party, the Parties, by decision in the Committee on Customs established pursuant to Article 16.2 (Specialised Committees), may modify Annex C to this Protocol. Any request for such a modification shall be communicated to the other Party at least two months before the meeting of that Committee.


9.   Materials originating in an ASEAN country shall be considered as materials originating in a Party when further processed or incorporated into one of the products listed in Annex D to this Protocol obtained there, provided that they have undergone working or processing in that Party which goes beyond the operations referred to in Article 6 (Insufficient Working or Processing).


10.   For the purposes of paragraph 9, the origin of the materials shall be determined according to the preferential rules of origin applicable to General System of Preferences (hereinafter referred to as ‘GSP’) beneficiary countries which are laid down in Commission Delegated Regulation (EU) 2015/2446 (1).


11.   For the purposes of paragraph 9, the originating status of materials exported from one of the ASEAN countries to a Party to be used in further working or processing shall be established by a proof of origin in accordance with the preferential rules applicable to GSP beneficiary countries as laid down in Commission Delegated Regulation (EU) 2015/2446.


12.   The cumulation provided for in paragraphs 9 to 13 may only be applied on the condition that:






(a)


the ASEAN countries involved in the acquisition of the originating status have undertaken to:






(i)


comply or ensure compliance with this Protocol; and










(ii)


provide the administrative cooperation necessary to ensure the correct implementation of this Protocol both with regard to the Union and between themselves;














(b)


the undertakings referred to in subparagraph (a) have been notified to the Union.






13.   Origin declarations issued by application of paragraph 9 shall bear one of the following entries:






(a)


‘Application of Article 3(9) of Protocol 1 of the EU/Singapore FTA’; or










(b)


‘Application du paragraphe 9 de l'article 3 du protocole no 1 de l'ALE UE/Singapour’.






14.   At the request of a Party, the Parties, by decision in the Committee on Customs established pursuant to Article 16.2 (Specialised Committees), may modify Annex D to this Protocol. Any request for such a modification shall be communicated to the other Party at least two months before the meeting of the Committee.


15.   The cumulation provided for in paragraph 9 to 13 shall cease to apply when conditions of paragraphs 2 to 7 are met.



ARTICLE 4

Wholly Obtained Products


1.   The following shall be considered as wholly obtained in a Party:






(a)


mineral products extracted from their soil or from their seabed;










(b)


plants and vegetable products grown or harvested there;










(c)


live animals born and raised there;










(d)


products from live animals raised there;










(e)


products from slaughtered animals born and raised there;










(f)


products obtained by hunting or fishing conducted there;










(g)


products of aquaculture from fish, crustaceans and molluscs that are born and raised there;










(h)


products of sea fishing and other products taken from the sea outside the territorial seas of a Party by their vessels;










(i)


products made aboard their factory ships exclusively from products referred to in subparagraph (h);










(j)


used articles collected there that are fit only for the recovery of raw materials;










(k)


waste and scrap resulting from manufacturing operations conducted there;










(l)


products extracted from marine soil or subsoil outside the territorial seas of a Party, provided that the Party has sole rights to work that soil or subsoil; and










(m)


goods produced there exclusively from products specified in subparagraphs (a) to (l).






2.   The terms ‘their vessels’ and ‘their factory ships’ in subparagraphs 1(h) and 1(i) shall apply only to vessels and factory ships:






(a)


which are registered in a Member State of the Union or in Singapore;










(b)


which sail under the flag of a Member State of the Union or of Singapore; and










(c)


which meet one of the following conditions:






(i)


they are at least fifty percent owned by nationals of a Member State of the Union or of Singapore;
or










(ii)


they are owned by companies:






(1)


which have their head office and their main place of business in a Member State of the Union or in Singapore, and










(2)


which are at least fifty percent owned by a Member State of the Union or by Singapore, by public entities or nationals of a Party.















ARTICLE 5

Sufficiently Worked or Processed Products


1.   For the purposes of subparagraph (b) of Article 2 (General Requirements), products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the list in Annex B or B(a) to this Protocol are fulfilled.


2.   The conditions referred to above indicate, for all products covered by this Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing, and apply only in relation to such materials. It follows that if a product which has acquired originating status by fulfilling the conditions set out in the list in Annex B or B(a) to this Protocol is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to the product that acquired originating status, and no account shall be taken of the non-originating materials which may have been used in its manufacture.


3.   By way of derogation from paragraph 1 and subject to paragraphs 4 and 5, non-originating materials which, according to the conditions set out in the list in Annex B or B(a) to this Protocol, are not to be used in the manufacture of a given product may nevertheless be used, provided that their total value or net weight assessed for the product does not exceed:






(a)


ten percent of the weight of the product for products falling within Chapters 2 and 4 to 24 of the Harmonized System, other than processed fishery products of Chapter 16;










(b)


ten percent of the ex-works price of the product for other products, except for products falling within Chapters 50 to 63 of the Harmonized System, for which the tolerances mentioned in Notes 6 and 7 of Annex A to this Protocol, shall apply.






4.   Paragraph 3 shall not be construed to allow any of the percentages for the maximum content of non-originating materials as specified in the list in Annex B to this Protocol to be exceeded.


5.   Paragraphs 3 and 4 do not apply to products wholly obtained in a Party within the meaning of Article 4 (Wholly Obtained Products). However, without prejudice to Article 6 (Insufficient Working or Processing) and paragraph 2 of Article 7 (Unit of Qualification) the tolerance provided for in those paragraphs shall nevertheless apply to the sum of all the materials which are used in the manufacture of a product and for which the rule for that product laid down in the list in Annex B to this Protocol requires that such materials be wholly obtained.



ARTICLE 6

Insufficient Working or Processing


1.   Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 5 (Sufficiently Worked or Processed Products) are satisfied:






(a)


preserving operations to ensure that the products remain in good condition during transport and storage;










(b)


the breaking-up and assembly of packages;










(c)


the washing, cleaning; removal of dust, oxide, oil, paint or other coverings;










(d)


the ironing or pressing of textiles and textile articles;










(e)


simple painting and polishing operations;










(f)


the husking and partial or total milling of rice; the polishing and glazing of cereals and rice;










(g)


operations to colour or flavour sugar or form sugar lumps; the partial or total milling of crystal sugar;










(h)


the 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);










(k)


simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;










(l)


the affixing or printing of marks, labels, logos and other like distinguishing signs on products or their packaging;










(m)


the simple mixing of products, whether or not of different kinds; mixing of sugar with any material;










(n)


the simple addition of water to or the dilution, dehydration or denaturation of products;










(o)


the simple assembly of parts of articles to constitute a complete article or the disassembly of products into parts;










(p)


a combination of two or more of the operations specified in subparagraphs (a) to (o); or










(q)


the slaughter of animals.






2.   For the purpose of paragraph 1, operations shall be considered simple when no special skills or machines, apparatus or tools that were especially produced or installed for those operations are required for their performance.


3.   All operations on a given product carried out either in the Union or in Singapore shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.



ARTICLE 7

Unit of Qualification


1.   The unit of qualification for the application of the provisions of this Protocol shall be the product which is considered as the basic unit when determining classification using the nomenclature of the Harmonized System.


2.   When a consignment consists of a number of identical products classified under the same heading of the Harmonized System, each individual item shall be taken into account when applying the provisions of this Protocol.
Where, under General Interpretative Rule 5 of the Harmonized System, packaging is included with the product for classification purposes, the packaging shall be included for the purposes of determining origin.



ARTICLE 8

Accessories, Spare Parts and Tools

Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.


ARTICLE 9

Sets

Sets, as defined in General Interpretative Rule 3 of the Harmonized System, shall be regarded as originating when all component products are originating products. When a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed fifteen percent of the ex-works price of the set.


ARTICLE 10

Neutral Elements

In order to determine whether a product originates in a Party, it shall not be necessary to determine the origin of the following elements which might be used in its manufacture:






(a)


energy and fuel;










(b)


plant and equipment, including goods to be used for their maintenance;










(c)


machines and tools and dies and moulds; spare parts and materials used in the maintenance of equipment and buildings; lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings; gloves, glasses, footwear, clothing, safety equipment and supplies; equipment, devices and supplies used for testing or inspecting the good; catalysts and solvents; and










(d)


other goods which do not enter, and which are not intended to enter, into the final composition of the product.






ARTICLE 11

Accounting Segregation


1.   If originating and non-originating fungible materials are used in the working or processing of a product, the competent governmental authorities, at the written request of economic operators, may authorise the management of materials using the accounting segregation method without keeping the materials in separate stocks.


2.   The competent governmental authorities may make the granting of the authorisation referred to in paragraph 1 subject to any conditions they deem appropriate.


3.   The authorisation shall be granted only if it can be ensured by use of the accounting segregation method that, at any given time, the number of products obtained which could be considered as originating in the Union or in Singapore is the same as the number that would have been obtained by using a method of physical segregation of the stocks.


4.   If authorised, the accounting segregation method, for example, averaging, last-in, first-out, or first-in, first-out, shall be applied and the method used shall be recorded on the basis of the general accounting principles applicable in the Union or in Singapore, depending on where the product is manufactured.


5.   A manufacturer using the accounting segregation method shall make out or apply for origin declarations for the quantity of products which may be considered as originating in the exporting Party. At the request of the customs authorities or competent governmental authorities of the exporting Party, the beneficiary shall provide a statement of how the quantities have been managed.


6.   The competent governmental authorities shall monitor the use made of the authorisations referred to in paragraph 3 and may withdraw them if a manufacturer makes improper use of the authorisation or fails to fulfil any of the other conditions laid down in this Protocol.




SECTION 3

TERRITORIAL REQUIREMENTS


ARTICLE 12

Principle of Territoriality


1.   The conditions set out in Section 2 relating to the acquisition of originating status must be fulfilled without interruption in a Party.


2.   If originating goods exported from a Party to a non-Party return, they must be considered as non-originating goods, unless it can be demonstrated to the satisfaction of the customs authorities that:






(a)


the returning goods are the same as those exported; and










(b)


they have not undergone any operation beyond that necessary to preserve them in good condition while in that non-Party or while being exported.







ARTICLE 13

Non Alteration


1.   The products declared for importation in a Party shall be the same products as exported from the other Party in which they are considered to originate. They shall not have been altered, transformed in any way or subjected to operations other than operations to preserve them in good condition or other than adding or affixing marks, labels, seals or any other documentation to ensure compliance with specific domestic requirements of the importing Party, prior to being declared for import.


2.   The storage of products or consignments may take place, provided they remain under customs supervision in the country(ies) of transit.


3.   Without prejudice to Section 5, the splitting of consignments may take place where carried out by the exporter or under his responsibility provided they remain under customs supervision in the country(ies) of transit.


4.   Compliance with paragraphs 1 to 3 shall be considered as satisfied unless the customs authorities have reason to believe the contrary; in such cases, the customs authorities may request the declarant to provide evidence of compliance, which may be given by any means, including contractual transport documents such as bills of lading or factual or concrete evidence based on marking or numbering of packages or any evidence related to the goods themselves.



ARTICLE 14

Exhibitions


1.   Originating products, sent for exhibition in a country other than a Party and sold after the exhibition for importation in a Party shall benefit on importation from the provisions of this Agreement provided it is shown to the satisfaction of the customs authorities that:






(a)


an exporter has consigned these products from a Party to the country in which the exhibition is held and has exhibited them there;










(b)


the products have been sold or otherwise disposed of by that exporter to a person in a Party;










(c)


the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and










(d)


the products have not been used for any purpose other than demonstration at the exhibition since they were consigned for exhibition.






2.   An origin declaration shall be issued or made out in accordance with the provisions of Section 5 and submitted to the customs authorities of the importing Party in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.


3.   Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, during which the products remain under customs control.




SECTION 4

DRAWBACK OR EXEMPTION


ARTICLE 15

Prohibition of Drawback of, or Exemption from, Customs Duties


1.   Non-originating materials used in the manufacture of products originating in the Union or in Singapore, for which an origin declaration has been issued or made out in accordance with the provisions of Section 5, shall not be subject in the Union or in Singapore to drawback of, or exemption from, customs duties of whatever kind.


2.   The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, whether partial or complete, of customs duties or charges having an equivalent effect, applicable in the Union or in Singapore to materials used in the manufacture, where such refund, remission or non-payment applies, whether expressly or in effect, where the products obtained from such materials are exported, but not where they are retained in a Party for home use.


3.   The exporter of products covered by an origin declaration shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents to prove that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.


4.   The provisions of paragraphs 1 to 3 shall also apply in respect of packaging within the meaning of paragraph 2 of Article 7 (Unit of Qualification), accessories, spare parts and tools within the meaning of Article 8 (Accessories, Spare Parts and Tools), and products in a set within the meaning of Article 9 (Sets), when such items are non-originating.


5.   The provisions of paragraphs 1 to 4 shall apply only in respect of materials which are subject to this Protocol.




SECTION 5

ORIGIN DECLARATION


ARTICLE 16

General Requirements


1.   Products originating in the Union, on importation into Singapore, and products originating in Singapore, on importation into the Union, shall benefit from preferential tariff treatment of this Agreement upon submission of a declaration, (hereinafter referred to as ‘origin declaration’). The origin declaration is to be provided on an invoice or any other commercial document that describes the originating product in sufficient detail to enable its identification.


2.   Originating products within the meaning of this Protocol, in the cases specified in Article 22 (Exemptions from Origin Declaration), shall benefit from preferential tariff treatment of this Agreement without it being necessary to submit any of the documents referred to in paragraph 1.



ARTICLE 17

Conditions for Making Out an Origin Declaration


1.   An origin declaration as referred to in Article 16 (General Requirements) may be made out:






(a)


in the Union:






(i)


by an exporter within the meaning of Article 18 (Approved Exporter); or










(ii)


by an exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed 6 000 euro.














(b)


in Singapore by an exporter who is:






(i)


registered with the competent authority and who has received a Unique Entity Number; and










(ii)


complying with relevant regulatory provisions in Singapore pertaining to making out of origin declarations.










2.   An origin declaration may be made out if the products concerned can be considered as products originating in the Union or in Singapore and fulfil the other requirements of this Protocol.


3.   The exporter making out an origin declaration shall be prepared at all times to submit, at the request of the customs authorities of the exporting Party, all appropriate documents as referred to under Article 23 (Supporting Documents) proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.


4.   An origin declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex E to this Protocol, in accordance with the domestic law of the exporting Party. If the declaration is hand-written, it shall be written in ink in capital characters. In the case of exports from Singapore, the origin declaration shall be set out using the English version, and in the case of exports from Union, the origin declaration may be set out in one of the linguistic versions, in Annex E to this Protocol.


5.   Origin declarations shall bear the original signature of the exporter in manuscript. An approved exporter as referred to in Article 18 (Approved Exporter) shall not be required to sign such declarations provided that he gives the customs authorities of the exporting Party a written undertaking that he accepts full responsibility for any origin declaration which identifies him as if it had been signed in manuscript by him.


6.   By derogation from paragraph 1, an origin declaration may exceptionally be made out after exportation (‘retrospective statement’) on condition that it is presented in the importing Party no later than two years, in the case of the Union, and one year, in the case of Singapore, after the entry of the goods into the territory.



ARTICLE 18

Approved Exporter


1.   The customs authorities of the Member States of the Union may authorise any exporter who exports products under this Agreement to make out origin declarations irrespective of the value of the products concerned (hereinafter referred to as ‘approved exporter’). An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Protocol.


2.   The customs authorities of the Member States of the Union may grant the status of approved exporter subject to any conditions which they consider appropriate.


3.   The customs authorities of the Member States of the Union shall grant to the approved exporter a customs authorisation number which shall appear on the origin declaration.


4.   The customs authorities of the Member States of the Union shall monitor the use of the authorisation by the approved exporter.


5.   The customs authorities of the Member States of the Union may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, no longer fulfils the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.



ARTICLE 19

Validity of Origin Declaration


1.   An origin declaration shall be valid for twelve months from the date of issue in the exporting Party. Preferential tariff treatment shall be claimed within such period to the customs authorities of the importing Party.


2.   Origin declarations which are submitted to the customs authorities of the importing Party after the final date for presentation specified in paragraph 1 may be accepted for the purposes of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances.


3.   In cases of belated presentation other than those of paragraph 2, the customs authorities of the importing Party may accept the origin declarations where the products have been submitted before such final date.



ARTICLE 20

Submission of Origin Declaration

For the purposes of claiming preferential tariff treatment, origin declarations shall be submitted to the customs authorities of the importing Party in accordance with the procedures applicable in that Party. Such authorities may require a translation of an origin declaration.


ARTICLE 21

Importation in Instalments

Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing Party, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonized System falling within Sections XVI and XVII or headings 7308 and 9406 of the Harmonized System are imported in instalments, a single origin declaration for such products shall be submitted to the customs authorities upon importation of the first instalment.


ARTICLE 22

Exemptions from Origin Declaration


1.   Products which are sent as small packages from private persons to private persons, or which form part of travellers' personal luggage, shall be admitted as originating products without requiring the submission of an origin declaration, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol, and provided that there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration CN22/CN23 or on a sheet of paper annexed to that document.


2.   Imports which are occasional and consist solely of products for the personal use of the recipients or of travellers or their families shall 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.


3.   The total value of these products shall not exceed 500 euro in the case of small packages or 1 200 euro in the case of products forming part of travellers' personal luggage.



ARTICLE 23

Supporting Documents

The documents referred to in paragraph 3 of Article 17 (Conditions for Making Out an Origin Declaration) used for the purpose of proving that products covered by an origin declaration can be considered as products originating in the Union or in Singapore and fulfil the other requirements of this Protocol may consist, inter alia, of the following:






(a)


direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal book-keeping;










(b)


documents proving the originating status of materials used, issued or made out in a Party, where these documents are used in accordance with domestic law; or










(c)


documents proving the working or processing of materials in a Party, issued or made out in a Party, where these documents are used in accordance with domestic law.






ARTICLE 24

Preservation of Origin Declaration and Supporting Documents


1.   The exporter making out an origin declaration shall keep a copy of this origin declaration, as well as the documents referred to in paragraph 3 of Article 17 (Conditions for Making Out an Origin Declaration), for at least three years.


2.   The customs authorities of the importing Party shall keep the origin declarations submitted to them for at least three years.


3.   Each Party shall permit, in accordance with that Party's laws and regulations, exporters in its territory to maintain documentation or records in any medium, provided that the documentation or records can be retrieved and printed.



ARTICLE 25

Discrepancies and Formal Errors


1.   The discovery of slight discrepancies between the statements made in the origin declaration and those made in the documents submitted to the customs office for the purposes of carrying out the formalities for importing the products shall not ipso facto render the origin declaration null and void if it is duly established that that document corresponds to the products submitted.


2.   Obvious formal errors such as typing errors on a origin declaration should not cause the document to be rejected if those errors are not such as to create doubts concerning the correctness of the statements made in the document.



ARTICLE 26

Amounts Expressed in Euro


1.   For the application of the provisions of subparagraph 1(a)(ii) of Article 17 (Conditions for Making Out an Origin Declaration) and paragraph 3 of Article 22 (Exemptions from Origin Declaration) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Member States of the Union equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.


2.   A consignment shall benefit from the provisions of subparagraph 1(a)(ii) of Article 17 (Conditions for Making Out an Origin Declaration) and paragraph 3 of Article 22 (Exemptions from Origin Declaration) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the Party concerned.


3.   The amounts to be used in any 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 amounts shall be communicated to the European Commission by 15 October and shall apply from 1 January the following year. The European Commission shall notify all countries concerned of the relevant amounts.


4.   A Member State of the Union may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The rounded amount may not differ from the amount resulting from the conversion by more than five percent. A Member State of the Union may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than fifteen percent in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion would result in a decrease in that equivalent value.


5.   The amounts expressed in euro shall be reviewed by the Parties in the Committee on Customs established pursuant to Article 16.2 (Specialised Committees) at the request of the Union or of Singapore. When carrying out this review, the Parties shall consider the desirability of preserving the effects of the limits concerned in real terms. For these purposes, the Parties may, by decision in the Committee on Customs, modify the amounts expressed in euro.




SECTION 6

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION


ARTICLE 27

Cooperation between Competent Authorities


1.   The customs authorities of the Parties shall provide each other, through the European Commission, with the addresses of the customs authorities responsible for verifying the origin declarations.


2.   In order to ensure the proper application of this Protocol, the Parties shall assist each other, through their competent authorities, in checking the authenticity of origin declarations and the correctness of the information given in such documents.



ARTICLE 28

Verification of Origin Declarations


1.   Subsequent verifications of origin declarations shall be carried out at random or whenever the customs authorities of the importing Party have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.


2.   For the purposes of implementing the provisions of paragraph 1, if it has been submitted, the customs authorities of the importing Party shall return the origin declaration, or a copy of that document, to the customs authorities of the exporting Party giving, where appropriate, the reasons for the enquiry. Any document and information obtained suggesting that the information given on the origin declarations is incorrect shall be forwarded in support of the request for verification.


3.   The verification shall be carried out by the customs authorities of the exporting Party. For this purpose, they shall have the right to request any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.


4.   If the customs authorities of the importing Party decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, the release of the products shall be offered to the importer, subject to any precautionary measures judged necessary. Any suspension of preferential treatment shall be reinstated as soon as possible after the originating status of the products concerned or the fulfilment of the other requirements of this Protocol has been ascertained by the customs authorities of the importing Party.


5.   The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Parties and fulfil the other requirements of this Protocol.


6.   If, in cases of reasonable doubt, there is no reply within ten months of the date of the verification request or the reply does not contain sufficient information to allow the requesting customs authorities to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities, except in exceptional circumstances, shall refuse entitlement to the preferences.



ARTICLE 29

Administrative Enquiries


1.   Where the results of the verification procedure or any other available substantive information appear to indicate that the provisions of this Protocol are being contravened, the exporting Party, on its own initiative or at the request of the other Party, shall carry out appropriate enquiries or arrange for such enquiries to be carried out with due urgency to identify and prevent such contraventions. The results of such enquiries shall be communicated to the Party requesting verification.


2.   The Party requesting verification may be present at the enquiries, subject to conditions that may be laid down by the competent authority in the exporting Party.


3.   Where a Party has made a finding, on the basis of objective information, of a repeated failure (2) to provide administrative cooperation under this Section, or of systematic and intentional fraud from the other Party, the Party concerned may temporarily suspend the relevant preferential treatment of the product or products concerned in accordance with paragraph 4.


4.   The application of a temporary suspension shall be subject to the following conditions:






(a)


the Party which has made a finding in accordance with paragraph 3 shall without undue delay notify the Trade Committee established pursuant to Article 16.1 (Trade Committee) of its finding together with the objective information and its recommended course of action to be taken. Upon receipt of such notification, the Trade Committee shall deliberate on the appropriate course of action on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties. During the period of consultations referred to above, the product(s) concerned shall enjoy the preferential treatment;










(b)


where the Parties have entered into consultations with the Trade Committee and have failed to agree on an acceptable solution within three months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in so far as is strictly necessary to address the Party's concerns. Such temporary suspension shall be notified to the Trade Committee without undue delay;










(c)


temporary suspensions under this Article shall be commensurate with the impact on the financial interests of the Party concerned arising from the situation giving rise to the finding of the Party referred to paragraph 3. They shall not exceed a period of six months, which may be renewed, if at the date of expiry nothing substantive has changed with respect to the condition that gave rise to the initial suspension; and










(d)


temporary suspensions, and any renewal thereof, shall be notified immediately after their adoption to the Trade Committee. They shall be subject to periodic consultations within the Trade Committee, in particular with a view to their termination as soon as the conditions for their application no longer apply.







ARTICLE 30

Settlement of Disputes


1.   Where disputes arise in relation to the verification procedures of Article 28 (Verification of Origin Declarations) which cannot be settled between the competent authorities requesting a verification and the competent authorities responsible for carrying out this verification, or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Committee on Customs established pursuant to Article 16.2 (Specialised Committees).


2.   All disputes between the importer and the competent authorities of the importing Party shall be settled under the legislation of that Party.



ARTICLE 31

Penalties

The Parties shall provide for procedures for penalties to be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.



SECTION 7

CEUTA AND MELILLA


ARTICLE 32

Application of this Protocol


1.   The term ‘Union’ does not cover Ceuta and Melilla.


2.   Products originating in Singapore, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the Union under Protocol 2 of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties (3). Singapore shall grant to imports of products covered by the Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the Union.


3.   For the purpose of the application of paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply mutatis mutandis subject to the special conditions set out in Article 33 (Special Conditions).



ARTICLE 33

Special Conditions


1.   Provided that they have been transported directly in accordance with the provisions of Article 13 (Non Alteration), the following shall be considered as:






(a)


products originating in Ceuta and Melilla:






(i)


products wholly obtained in Ceuta and Melilla;










(ii)


products obtained in Ceuta and Melilla in the manufacture of which products other than those referred to in (a) are used, provided that:






(aa)


such products have undergone sufficient working or processing within the meaning of Article 5 (Sufficiently Worked or Processed Products); or










(bb)


those products are originating in a Party, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 6 (Insufficient Working or Processing).


















(b)


products originating in Singapore:






(i)


products wholly obtained in Singapore;










(ii)


products obtained in Singapore in the manufacture of which products other than those referred to in (a) are used, provided that:






(aa)


such products have undergone sufficient working or processing within the meaning of Article 5 (Sufficiently Worked or Processed Products); or










(bb)


such products originate in Ceuta and Melilla or in the Union, and provided that they have undergone working or processing which goes beyond the operations referred to in Article 6 (Insufficient Working or Processing).














2.   Ceuta and Melilla shall be considered as a single territory.


3.   The exporter or his authorised representative shall enter ‘Singapore’ and ‘Ceuta and Melilla’ on origin declarations for products originating in these territories respectively.


4.   The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.




SECTION 8

FINAL PROVISIONS


ARTICLE 34

Amendments to this Protocol

The Parties, by decision in the Committee on Customs established pursuant to Article 16.2 (Specialised Committees), may amend the provisions of this Protocol.
Following the conclusion of a free trade agreement between the Union and one or several ASEAN countries, the Parties, by decision in the Committee on Customs established pursuant to Article 16.2 (Specialised Committees), may amend or adapt this Protocol and in particular Annex C referred to in paragraph 7 of Article 3 (Cumulation of Origin) to ensure coherence between the rules of origin applicable within the context of the preferential exchanges between ASEAN countries and the Union.


ARTICLE 35

Transitional Provisions for Goods in Transit or Storage

This Agreement may be applied to goods which comply with the provisions of this Protocol, and which on the date of entry into force of this Agreement are either in transit, in the Parties in temporary storage, in customs warehouses or in free zones, provided that an origin declaration that was made out retrospectively is submitted to the customs authorities of the importing Party within twelve months of that date, and, if requested, such declaration is submitted together with the documents showing that the goods have been transported directly in accordance with Article 13 (Non Alteration).





(1)  Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ EU L 343, 29.12.2015, p. 1).

(2)  For the purposes of paragraph 3 of Article 29 (Administrative Enquiries), a repeated failure to provide administrative cooperation shall mean, inter alia, a repeated failure to respect the obligations to verify the originating status of the product(s) concerned, or a repeated refusal or undue delay in carrying out and/or communicating the results of enquiries and/or subsequent verification of the proof of origin, over a continuous period of ten months.

(3)  
            OJ EU L 302, 15.11.1985, p. 23.



ANNEX A
INTRODUCTORY NOTES TO THE LIST IN ANNEX B
Note 1 – General introduction
The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 5 (Sufficiently Worked or Processed Products) of the Protocol. There are four different types of rule, which vary according to the product:






(a)


through working or processing, a maximum content of non-originating materials is not exceeded;










(b)


through working or processing, the applicable 4-digit Harmonized System heading or 6-digit Harmonized System sub-heading for the manufactured products becomes different from the respective 4-digit Harmonized System heading or 6-digit sub-heading for the materials used;










(c)


a specific working and processing operation is carried out; and










(d)


working or processing is carried out on certain wholly-obtained materials.




Note 2 – The structure of the list






2.1.


The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonized System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns, a rule is specified in column 3. Where, in some cases, the entry in the first column is preceded by an ‘ex’, this signifies that the rules in column 3 apply only to the part of that heading as described in column 2.










2.2.


Where several heading numbers are grouped together in column 1, or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in column 3 apply to all products which, under the Harmonized System, are classified in headings of the chapter or in any of the headings grouped together in column 1.










2.3.


Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in column 3.










2.4.


Where two alternative rules are set out in column 3, separated by ‘or’, it is at the choice of the exporter which one to use.




Note 3 – Examples of how to apply the rules






3.1.


Article 5 (Sufficiently Worked or Processed Products) of the Protocol, concerning products having acquired originating status which are used in the manufacture of other products, shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in a Party.










3.2.


Pursuant to Article 6 (Insufficient Working or Processing) of the Protocol, the working or processing carried out must go beyond the list of operations mentioned in that Article. If it does not, the goods shall not qualify for the granting of the benefit of preferential tariff treatment, even if the conditions set out in the list below are met.
Subject to the provision referred to in the first sub-paragraph, the rules in the list represent the minimum amount of working or processing required, and the carrying-out of more working or processing also confers originating status; conversely, the carrying-out of less working or processing cannot confer originating status.
Thus, if a rule provides that non-originating material may be used at a certain stage of manufacture, the use of such material at an earlier stage of manufacture is allowed, and the use of such material at a later stage is not.
If a rule provides that non-originating material, at a certain level of manufacture, may not be used, the use of materials at an earlier stage of manufacture is allowed, and the use of materials at a later stage is not.
Example: when the list-rule for Chapter 19 requires that ‘non-originating materials of headings 1101 to 1108 cannot exceed 20 per cent weight’, the use (i.e. importation) of cereals of Chapter 10 (materials at an earlier stage of manufacture) is not limited.










3.3.


Without prejudice to Note 3.2, where a rule uses the expression ‘Manufacture from materials of any heading’, then materials of any heading(s) (even materials of the same description and heading as the product) may be used, subject, however, to any specific limitations which may also be contained in the rule.
The expression ‘Manufacture from materials of any heading, including other materials of heading […]’ or ‘Manufacture from materials of any heading, including other materials of the same heading as the product’ means that materials of any heading(s) may be used, except those of the same description as the product as given in column 2 of the list.










3.4.


When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or more materials may be used. It does not require that all be used.










3.5.


Where a rule in the list specifies that a product must be manufactured from a particular material, the rule does not prevent the use of other materials which, because of their inherent nature, cannot satisfy this condition.










3.6.


Where a rule in the list gives two percentages for the maximum value of non-originating materials that can be used, those percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the higher of the percentages given. Furthermore, the individual percentages must not be exceeded in relation to the particular materials to which they apply.




Note 4 – General provisions concerning certain agricultural goods






4.1.


Agricultural goods which fall within Chapters 6, 7, 8, 9, 10, 12 and heading 2401, and which are grown or harvested in the territory of a beneficiary country, shall be treated as originating in the territory of that country, even if grown from seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants imported from another country.










4.2.


In cases where the content of non originating sugar in a given product is subject to limitations, the weight of sugars of headings 1701 (sucrose) and 1702 (e.g., fructose, glucose, lactose, maltose, isoglucose or invert sugar) used in the manufacture of the final product and used in the manufacture of the non-originating products incorporated in the final product is taken into account for the calculation of such limitations.




Note 5 - Terminology used in respect of certain textile products






5.1.


The term ‘natural fibres’ is used in the list to refer to fibres other than artificial or synthetic fibres. It 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.










5.2.


The term ‘natural fibres’ includes horsehair of heading 0511, silk of headings 5002 and 5003, as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203, and other vegetable fibres of headings 5301 to 5305.










5.3.


The terms ‘textile pulp’, ‘chemical materials’ and ‘paper-making materials’ are used in the list to describe the materials which are not classified in Chapters 50 to 63, but which can be used to manufacture artificial, synthetic or paper fibres or yarns.










5.4.


The term ‘man-made staple fibres’ is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507.




Note 6 - Tolerances applicable to products made of a mixture of textile materials






6.1.


Where, for a given product in the list, reference is made to this Note, the conditions set out in column 3 shall not be applied to any basic textile materials used in the manufacture of this product and which, taken together, represent 10 % or less of the total weight of all the basic textile materials used. (See also Notes 6.3 and 6.4).










6.2.


The tolerance mentioned in Note 6.1 may be applied only to mixed products which have been made from two or more basic textile materials.
The following are the basic textile materials:






—


silk;










—


wool;










—


coarse animal hair;










—


fine animal hair;










—


horsehair;










—


cotton;










—


paper-making materials and paper;










—


flax;










—


true hemp;










—


jute and other textile bast fibres;










—


sisal and other textile fibres of the genus Agave;










—


coconut, abaca, ramie and other vegetable textile fibres;










—


synthetic man-made filaments;










—


artificial man-made filaments;










—


current-conducting filaments;










—


synthetic man-made staple fibres of polypropylene;










—


synthetic man-made staple fibres of polyester;










—


synthetic man-made staple fibres of polyamide;










—


synthetic man-made staple fibres of polyacrylonitrile;










—


synthetic man-made staple fibres of polyimide;










—


synthetic man-made staple fibres of polytetrafluoroethylene;










—


synthetic man-made staple fibres of poly(phenylene sulphide);










—


synthetic man-made staple fibres of poly(vinyl chloride);










—


other synthetic man-made staple fibres;










—


artificial man-made staple fibres of viscose;










—


other artificial man-made staple fibres;










—


yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped;










—


yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped;










—


products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film 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;










—


other products of heading 5605;










—


glass fibres;










—


metal fibres.




Example:
A yarn, of heading 5205, made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506, is a mixed yarn. Therefore, non-originating synthetic staple fibres which do not satisfy the origin rules may be used, provided that their total weight does not exceed 10 % of the weight of the yarn.
Example:
A woollen fabric of heading 5112 that is made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509 is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules, or woollen yarn which does not satisfy the origin rules, or a combination of the two, may be used, provided that their total weight does not exceed 10 % of the weight of the fabric.
Example:
Tufted textile fabric of heading 5802 that is made from cotton yarn of heading 5205 and cotton fabric of heading 5210 is only a mixed product if the cotton fabric is itself a mixed fabric made from yarns classified in two separate headings, or if the cotton yarns used are themselves mixtures.
Example:
If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is, accordingly, a mixed product.










6.3.


In the case of products incorporating ‘yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped’, this tolerance is 20 % in respect of this yarn.










6.4.


In the case of products incorporating a ‘strip consisting of a core of aluminium foil or of a core of plastic film, 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 tolerance is 30 % in respect of this strip.




Note 7 - Other tolerances applicable to certain textile products






7.1.


Where, in the list, reference is made to this Note, textile materials (with the exception of linings and interlinings) which do not satisfy the rule set out in the list in column 3 for the made-up product concerned may be used, provided that they are classified under a heading other than that of the product, and provided that that their value does not exceed 8 % of the ex-works price of the product.










7.2.


Without prejudice to Note 6.3, materials, which are not classified within Chapters 50 to 63, may be used freely in the manufacture of textile products, whether or not they contain textiles.
Example:
If a rule in the list provides that, for a particular textile item (such as trousers), yarn must be used, this does not prevent the use of metal items such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners, even though slide-fasteners normally contain textiles.










7.3.


Where a percentage rule applies, the value of non-originating materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.




Note 8 - Definition of specific processes and simple operations carried out in respect of certain products of Chapter 27






8.1.


For the purposes of headings ex 2707 and 2713, the ‘specific processes’ are the following:






(a)


vacuum-distillation;










(b)


redistillation by a very thorough fractionation process;










(c)


cracking;










(d)


reforming;










(e)


extraction by means of selective solvents;










(f)


the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;










(g)


polymerisation;










(h)


alkylation;










(i)


isomerisation.














8.2.


For the purposes of headings 2710, 2711 and 2712, the ‘specific processes’ are the following:






(a)


vacuum-distillation;










(b)


redistillation by a very thorough fractionation process;










(c)


cracking;










(d)


reforming;










(e)


extraction by means of selective solvents;










(f)


the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;










(g)


polymerisation;










(h)


alkylation;










(i)


isomerisation;










(j)


in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur content of the products processed (ASTM D 1266-59 T method);










(k)


in respect of products of heading 2710 only, deparaffining by a process other than filtering;










(l)


in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;










(m)


in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;










(n)


in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush discharge;










(o)


in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex 2712 only, de-oiling by fractional crystallisation.














8.3.


For the purposes of headings ex 2707 and 2713, simple operations, such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, or any combination of these operations or like operations, do not confer origin.








ANNEX B
LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS







HS Heading


Description of product


Working or processing, carried out on non-originating materials, which confers originating status




Chapter 1


Live animals


All the animals of Chapter 1 are wholly obtained




Chapter 2


Meat and edible meat offal


Manufacture in which all the meat and edible meat offal used are wholly obtained




ex Chapter 3


Fish and crustaceans, molluscs and other aquatic invertebrates, except for:


All fish and crustaceans, molluscs and other aquatic invertebrates are wholly obtained




ex 0301 10 


Saltwater ornamental fish from aquaculture


Raised there from eggs, larvae, fry or fingerlings for a period of not less than 2 months, in which the value of the eggs, larvae, fry, fingerlings used does not exceed 65 % of the ex-works price of the product




0304 


Fish fillets and other fish meat (whether or not minced), fresh, chilled of frozen


Manufacture in which all the materials of Chapter 3 used are wholly obtained




0305 


Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption


Manufacture in which all the materials of Chapter 3 used are wholly obtained




ex 0306 


Crustaceans, whether in shell or not, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption


Manufacture in which all the materials of Chapter 3 used are wholly obtained




ex 0307 


Molluscs, whether in shell or not, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption


Manufacture 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;


Manufacture in which:






—


all the materials of Chapter 4 used are wholly obtained; and










—


the weight of sugar (1) used does not exceed 20 % of the weight of the final product








ex Chapter 5


Products of animal origin, not elsewhere specified or included, except for:


Manufacture from materials of any heading




ex 0511 91 


Inedible fish eggs and roes


All the eggs and roes are wholly obtained




Chapter 6


Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage


Manufacture in which all the materials of Chapter 6 used are wholly obtained




Chapter 7


Edible vegetables and certain roots and tubers


Manufacture in which all the materials of Chapter 7 used are wholly obtained




Chapter 8


Edible fruit and nuts; peel of citrus fruits or melons


Manufacture in which:






—


all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained, and










—


the weight of sugar (2) used does not exceed 20 % of the weight of the final product








Chapter 9


Coffee, tea, maté and spices;


Manufacture from materials of any heading




Chapter 10


Cereals


Manufacture in which all the materials of Chapter 10 used are wholly obtained




Chapter 11


Products of the milling industry; malt; starches; inulin; wheat gluten; except for:


Manufacture in which all the materials of Chapters 10 and 11, headings 0701  and 2303 , and sub-heading 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


Manufacture from materials of any heading, except that of the product




Chapter 13


Lac; gums, resins and other vegetable saps and extracts


Manufacture from materials of any heading, in which the weight of sugar (3) used does not exceed 20 % of the weight of the final product




Chapter 14


Vegetable plaiting materials; vegetable products not elsewhere specified or included


Manufacture from materials of any heading




ex Chapter 15


Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes; except for:


Manufacture from materials of any subheading, except that of the product




1501  to 1504 


Fats from pig, poultry, bovine, sheep or goat, fish, etc.


Manufacture from materials of any heading except that of the product




1505 , 1506  and 1520 


Wool grease and fatty substances derived therefrom (including lanolin). Other animal fats and oils and their fractions, whether or not refined, but not chemically modified. Glycerol, crude; glycerol waters and glycerol lyes.


Manufacture from materials of any heading




1509  and 1510 


Olive oil and its fractions


Manufacture in which all the vegetable materials used are wholly obtained




1516  and 1517 


Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516 


Manufacture from materials of any heading, except that of the product




Chapter 16


Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates


Manufacture in which all the materials of Chapters 2, 3 and 16 used are wholly obtained




ex Chapter 17


Sugars and sugar confectionery; except for:


Manufacture from materials of any heading, except that of the product




1702 


Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel


Manufacture from materials of any heading, except that of the product, in which the weight of the materials of headings 1101  to 1108 , 1701  and 1703  used does not exceed 30 % of the weight of the final product




1704 


Sugar confectionery (including white chocolate), not containing cocoa


Manufacture from materials of any heading, except that of the product, in which:






—


the individual weight of sugar (4) and of the materials of Chapter 4 used does not exceed 20 % of the weight of the final product, and










—


the total combined weight of sugar (5) and the materials of Chapter 4 used does not exceed 40 % of the weight of final product








Chapter 18


Cocoa and cocoa preparations


Manufacture from materials of any heading, except that of the product, in which






—


the individual weight of sugar (6) and of the materials of Chapter 4 used does not exceed 20 % of the weight of the final product, and










—


the total combined weight of sugar (7) and the materials of Chapter 4 used does not exceed 40 % of the weight of final product








ex Chapter 19


Preparations of cereals, flour, starch or milk; pastrycooks' products


Manufacture from materials of any heading, except that of the product, in which:






—


the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product, and










—


the weight of the materials of headings 1006  and 1101  to 1108  used does not exceed 20 % of the weight of the final product, and










—


the individual weight of sugar (8) and of the materials of Chapter 4 used does not exceed 20 % of the weight of the final product, and










—


the total combined weight of sugar (9) and the materials of Chapter 4 used does not exceed 40 % of the weight of final product








ex 1901 20 
ex 1901 90 
ex 1902 19 
ex 1902 20 
ex 1902 30 
ex 1905 90 








—


Mixes and doughs of flour, groats, meal, starch or malt extract (Roti Paratha (

), Glutinous Rice Ball (

))










—


Malt extract; food preparations of flour, groats, meal, starch or malt extract (Protomalt / Milo)










—


Pastry (Spring Roll vegetal and chicken (

) and spring roll Pastry (

), cooked or uncooked










—


Vegetable Samosa (

) – precooked or uncooked










—


Samosa Pastry (

) – precooked or uncooked










—


oriental wrappers (

) for Gyoza Skin (

) and for Wonton Skin (

), cooked and uncooked; Wrapper for Peking Duck, precooked or cooked (

)










—


Pasta, cooked or otherwise prepared (Instant Noodle/Ramen, non-fried noodles, stir-fried packet noodles (

 / 

)






Manufacture from materials of any heading, except that of the product, in which:






—


the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product, and










—


the weight of the materials of headings 1006  and 1101  to 1108  used does not exceed 40 % of the weight of the final product, and










—


the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and










—


the total combined weight of sugar and the materials of Chapter 4 used does not exceed 70 % of the weight of final product








 








—


Uncooked pasta, not stuffed or otherwise prepared, not containing eggs (Rice Noodle (

)) (Instant Rice Noodle (

))










—


Pasta, stuffed with meat or other substances, whether or not cooked or otherwise prepared










—


Custard bun (

); mini lotus bun, mini yam bun, red beans buns










—


Oriental bread: Pandan, plain, chocolate (

)






 




ex Chapter 20


Preparations of vegetables, fruit, nuts or other parts of plants; except for:


Manufacture from materials of any heading, except that of the product, in which the weight of sugar (10) used does not exceed 20 % of the weight of the final product




2002  and 2003 


Tomatoes, mushrooms and truffles prepared or preserved otherwise than by vinegar of acetic acid


Manufacture in which all the materials of Chapters 7 and 8 used are wholly obtained




ex Chapter 21


Miscellaneous edible preparations; except for


Manufacture from materials of any heading, except that of the product, in which:






—


the individual weight of sugar (11) and of the materials of Chapter 4 used does not exceed 20 % of the weight of the final product, and










—


the total combined weight of sugar (12) and the materials of Chapter 4 used does not exceed 40 % of the weight of final product








ex 2101 11 
ex 2101 12 
ex 2101 20 
ex 2103 10 
ex 2103 90 
ex 2104 10 
ex 2106 90 








—


Extracts, essences and concentrates, of coffee










—


Preparations with a basis of extracts, essences or concentrates of coffee or with a basis of coffee










—


Extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté










—


soya sauce










—


Preparations for sauces and prepared sauces; mixed condiments and seasonings (excl. soya sauce, tomato ketchup and other tomato sauces, mustard, and mustard flour and meal)










—


Balacan Chili










—


Breaded Taro (

)










—


soups with Star aniseed, turmeric, pepper, cumin, clove, cinnamon, chilli, coriander seeds and other spices






Manufacture from materials of any heading, except that of the product, in which:






—


the individual weight of sugar and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and










—


the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product








Chapter 22


Beverages, spirits and vinegar


Manufacture from materials of any heading, except that of the product and headings 2207  and 2208 , in which:






—


all the materials of sub-headings 0806 10 , 2009 61 , 2009 69  used are wholly obtained, and








 


 








—


the individual weight of sugar (13) and of the materials of Chapter 4 used does not exceed 20 % of the weight of the final product, and










—


the total combined weight of sugar (14) and the materials of Chapter 4 used does not exceed 40 % of the weight of final product








ex Chapter 23


Residues and waste from the food industries; prepared animal fodder; except for:


Manufacture from materials of any heading, except that of the product




ex 2303 


Residues of starch manufacture


Manufacture from materials of any heading, except that of the product, in which the weight of the materials of Chapter 10 used does not exceed 20 % of the weight of the final product




2309 


Preparations of a kind used in animal feeding


Manufacture from materials of any heading, except that of the product, in which:






—


all the materials of Chapters 2 and 3 used are wholly obtained, and










—


the materials of Chapter 10 and 11 and headings 2302  and 2303  used does not exceed 20 % of the weight of the final product, and










—


the individual weight of sugar (15) and of the materials of Chapter 4 used does not exceed 20 % of the weight of the final product, and










—


the total combined weight of sugar and the materials of Chapter 4 used does not exceed 40 % of the weight of final product








ex Chapter 24


Tobacco and manufactured tobacco substitutes; except for:


Manufacture from materials of any heading in which the weight of materials of Chapter 24 used does not exceed 30 % of the total weight of materials of Chapter 24 used




2401 


Unmanufactured tobacco; tobacco refuse


All unmanufactured tobacco and tobacco refuse of Chapter 24 is wholly obtained




ex 2402 


Cigarettes, of tobacco or of tobacco substitutes


Manufacture from materials of any heading except that of the product and of smoking tobacco of sub-heading 2403 10 , in which at least 10 % by weight of all materials of Chapter 24 used is wholly obtained unmanufactured tobacco or tobacco refuse of heading 2401 




ex Chapter 25


Salt; sulphur; earths and stone; plastering materials, lime and cement; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




ex 2519 


Crushed natural magnesium carbonate (magnesite), in hermetically-sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead-burned (sintered) magnesia


Manufacture from materials of any heading, except that of the product. However, natural magnesium carbonate (magnesite) may be used




Chapter 26


Ores, slag and ash


Manufacture from materials of any heading, except that of the product




ex Chapter 27


Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes, except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product




ex 2707 


Oils in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 °C (including mixtures of petroleum spirit and benzole), for use as power or heating fuels


Operations of refining and/or one or more specific process(es) (16)

or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product




2710 


Petroleum oils and oils obtained from bituminous materials, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous materials, these oils being the basic constituents of the preparations; waste oils


Operations of refining and/or one or more specific process(es) (17)

or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product




2711 


Petroleum gases and other gaseous hydrocarbons


Operations of refining and/or one or more specific process(es) (18)

or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product




2712 


Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured


Operations of refining and/or one or more specific process(es) (19)

or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product




2713 


Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous materials


Operations of refining and/or one or more specific process(es) (20)

or
Other operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product




Chapter 28


Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes; except for:


Manufacture from materials of any heading, except that of the product. However, materials of the same 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
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




ex Chapter 29


Organic chemicals; except for:


Manufacture from materials of any heading, except that of the product. However, materials of the same 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
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




ex 2905 


Metal alcoholates of alcohols of this heading and of ethanol; except for:


Manufacture from materials of any heading, including other materials of heading 2905 . However, metal alcoholates of this heading may be used, provided that their total value does not exceed 20 % of the ex-works price of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




2905 43 ; 2905 44 ; 2905 45 


Mannitol; D-glucitol (sorbitol); Glycerol


Manufacture from materials of any subheading, except that of the product. However, materials of the same subheading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




2906 , 2909 , 2910 , 2912 -2918 , 2920 , 2924 , 2931 , 2933 , 2934 , 2942 


 


Manufacture from materials of any heading, except that of the product. However, materials of the same 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
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




Chapter 30


Pharmaceutical products


Manufacture from materials of any heading




Chapter 31


Fertilisers


Manufacture from materials of any heading, except that of the product. However, materials of the same 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
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




Chapter 32


Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks


Manufacture from materials of any heading, except that of the product. However, materials of the same 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
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




Chapter 33


Essential oils and resinoids; perfumery, cosmetic or toilet preparations; except for:


Manufacture from materials of any heading, except that of the product. However, materials of the same 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
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex 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, except for:


Manufacture from materials of any heading, except that of the product. However, materials of the same 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
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex 3404 


Artificial waxes and prepared waxes:






—


With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax






Manufacture from materials of any heading




Chapter 35


Albuminoidal substances; modified starches; glues; enzymes


Manufacture from materials of any heading, except that of the product, in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




Chapter 36


Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations


Manufacture from materials of any heading, except that of the product. However, materials of the same 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
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




Chapter 37


Photographic or cinematographic goods


Manufacture from materials of any heading, except that of the product. However, materials of the same 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
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




ex Chapter 38


Miscellaneous chemical products; except for:


Manufacture from materials of any heading, except that of the product. However, materials of the same 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
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




3823 


Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols


Manufacture from materials of any heading, including other materials of heading 3823 
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




3824 60 


Sorbitol other than that of subheading 2905 44 


Manufacture from materials of any subheading, except that of the product and except materials of subheading 2905 44 . However, materials of the same subheading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




ex Chapter 39


Plastics and articles thereof: except for:


Manufacture from materials of any heading, except that of the product. However materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-work price of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




3903 , 3905 , 3906 


 


Manufacture from materials of any heading, except that of the product. However materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-work price of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex 3907 








—


Copolymer, made from polycarbonate and acrylonitrile-butadiene-styrene copolymer (ABS)






Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product (21)

or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product










—


Polyester






Manufacture from materials of any heading, except that of the product
or
Manufacture from polycarbonate of tetrabromo-(bisphenol A)
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




3908 , 3909 , 3913 , 3915 -3917 , 3920 , 3921 , 3922 , 3924 , 3925 , 3926 


 


Manufacture from materials of any heading, except that of the product. However materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-work price of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex Chapter 40


Rubber and articles thereof; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




4002.99 


Other Synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip; mixtures of any product of heading 4001  with any product of this heading, in primary forms or in plates, sheets or strip


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product




4010 


Conveyor or transmission belts or belting,


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




4012 


Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber:


 




 








—


Retreaded pneumatic, solid or cushion tyres, of rubber






Retreading of used tyres




 








—


Other






Manufacture from materials of any heading, except those of headings 4011  and 4012 
or
Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product




ex Chapter 41


Raw hides and skins (other than furskins) and leather; except for:


Manufacture from materials of any heading, except that of the product




4101  to 4103 


Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split; raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not with wool on or split, other than those excluded by note 1(c) to Chapter 41; other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split, other than those excluded by note 1(b) or 1(c) to Chapter 41


Manufacture from materials of any heading




4104  to 4106 


Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared


Re-tanning of tanned or pre-tanned hides and skins of sub-headings 4104 11 , 4104 19 , 4105 10 , 4106 21 , 4106 31  or 4106 91 
or
Manufacture from materials of any heading, except that of the product




4107 , 4112 , 4113 


Leather further prepared after tanning or crusting


Manufacture from materials of any heading, except that of the product. However, materials of sub-headings 4104 41 , 4104 49 , 4105 30 , 4106 22 , 4106 32  and 4106 92  may be used only if a re-tanning operation of the tanned or crust hides and skins in the dry state takes place




Chapter 42


Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut)


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex Chapter 43


Furskins and artificial fur; manufactures thereof; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product




4301 


Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furrier's use), other than raw hides and skins of heading 4101 , 4102  or 4103 


Manufacture from materials of any heading




ex 4302 


Tanned or dressed furskins, assembled:


 




 








—


Plates, crosses and similar forms






Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins




 








—


Other






Manufacture from non-assembled, tanned or dressed furskins




4303 


Articles of apparel, clothing accessories and other articles of furskin


Manufacture from non-assembled tanned or dressed furskins of heading 4302 




ex Chapter 44


Wood and articles of wood; wood charcoal; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex 4407 


Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or end-jointed


Planing, sanding or end-jointing




ex 4408 


Sheets for veneering (including those obtained by slicing laminated wood) and for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or end-jointed


Splicing, planing, sanding or endjointing




ex 4410  to ex 4413 


Beadings and mouldings, including moulded skirting and other moulded boards


Beading or moulding




ex 4415 


Packing cases, boxes, crates, drums and similar packings, of wood


Manufacture from boards not cut to size




ex 4418 








—


Builders' joinery and carpentry of wood






Manufacture from materials of any heading, except that of the product. However, cellular wood panels, shingles and shakes may be used




 








—


Beadings and mouldings






Beading or moulding




ex 4421 


Match splints; wooden pegs or pins for footwear


Manufacture from wood of any heading, except drawn wood of heading 4409 




ex Chapter 45


Cork and articles of cork; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




4503 


Articles of natural cork


Manufacture from cork of heading 4501 




Chapter 46


Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




Chapter 47


Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




Chapter 48


Paper and paperboard; articles of paper pulp, of paper or of paperboard


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




Chapter 49


Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans


Manufacture from materials of any heading except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex Chapter 50


Silk; except for:


Manufacture from materials of any heading, except that of the product




ex 5003 


Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed


Carding or combing of silk waste




5004  to ex 5006 


Silk yarn and yarn spun from silk waste


Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning or twisting (22)





5007 


Woven fabrics of silk or of silk waste:






—


Incorporating rubber thread










—


Other






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn or twisting, in each case accompanied by weaving
or
Weaving accompanied by dyeing
or
Yarn dyeing accompanied by weaving
or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product (23)





ex Chapter 51


Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for:


Manufacture from materials of any heading, except that of the product




5106  to 5110 


Yarn of wool, of fine or coarse animal hair or of horsehair


Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning




5111  to 5113 


Woven fabrics of wool, of fine or coarse animal hair or of horsehair:






—


Incorporating rubber thread










—


Other






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving
or
Weaving accompanied by dyeing
or
Yarn dyeing accompanied by weaving
or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product (24)





ex Chapter 52


Cotton; except for:


Manufacture from materials of any heading, except that of the product




5204  to 5207 


Yarn and thread of cotton


Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning




5208  to 5212 


Woven fabrics of cotton:






—


Incorporating rubber thread










—


Other






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving
or
Weaving accompanied by dyeing or by coating
or
Yarn dyeing accompanied by weaving
or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product (25)





ex Chapter 53


Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for:


Manufacture from materials of any heading, except that of the product




5306  to 5308 


Yarn of other vegetable textile fibres; paper yarn


Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning




5309  to 5311 


Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn:






—


Incorporating rubber thread










—


Other






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving
or
Weaving accompanied by dyeing or by coating
or
Yarn dyeing accompanied by weaving
or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product (26)





5401  to 5406 


Yarn, monofilament and thread of man-made filaments


Extrusion of man-made fibres accompanied by spinning
or
spinning of natural fibres




5407  and 5408 


Woven fabrics of man-made filament yarn:






—


Incorporating rubber thread










—


Other






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving
or
Weaving accompanied by dyeing or by coating
or
Twisting or texturing accompanied by weaving provided that the value of the non-twisted/non-textured yarns used does not exceed 47,5  % of the ex-works price of the product
or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product (27)





5501  to 5507 


Man-made staple fibres


Extrusion of man-made fibres accompanies by spinning




5508  to 5511 


Yarn and sewing thread of man-made staple fibres


Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning




5512  to 5516 


Woven fabrics of man-made staple fibres:






—


Incorporating rubber thread










—


Other






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving
or
Weaving accompanied by dyeing or by coating
or
Yarn dyeing accompanied by weaving
or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product (28)





ex Chapter 56


Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for:


Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres
or
Flocking accompanied by dyeing or printing (29)





5602 


Felt, whether or not impregnated, coated, covered or laminated:


 










—


Needleloom felt






Extrusion of man-made fibres accompanied by fabric formation,
However:






—


polypropylene filament of heading 5402 ,










—


polypropylene fibres of heading 5503  or 5506 , or










—


polypropylene filament tow of heading 5501 ,




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 ex-works price of the product
or
Fabric formation alone in the case of felt made from natural fibres (30)





 








—


Other






Extrusion of man-made fibres accompanied by fabric formation,
or
Fabric formation alone in the case of other felt made from natural fibres (31)





5604 


Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading 5404  or 5405 , impregnated, coated, covered or sheathed with rubber or plastics:


 










—


Rubber thread and cord, textile covered






Manufacture from rubber thread or cord, not textile covered










—


Other






Manufacture from (32):






—


natural fibres, not carded or combed or otherwise processed for spinning,










—


chemical materials or textile pulp, or










—


paper-making materials








5605 


Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404  or 5405 , combined with metal in the form of thread, strip or powder or covered with metal


Manufacture from (33):






—


natural fibres,










—


man-made staple fibres, not carded or combed or otherwise processed for spinning,










—


chemical materials or textile pulp, or










—


paper-making materials








5606 


Gimped yarn, and strip and the like of heading 5404  or 5405 , gimped (other than those of heading 5605  and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale-yarn


Manufacture from (34):






—


natural fibres,










—


man-made staple fibres, not carded or combed or otherwise processed for spinning,










—


chemical materials or textile pulp, or










—


paper-making materials








Chapter 57


Carpets and other textile floor coverings:






—


Of needle loom felt










—


Of other felt










—


Other






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving
or
Manufacture from coir yarn or sisal yarn or jute yarn
or
Flocking accompanied by dyeing or by printing
or
Tufting accompanied by dyeing or by printing
Extrusion of man-made fibres accompanied by non-woven techniques including needle punching (35)





 


 


However:






—


polypropylene filament of heading 5402 ,










—


polypropylene fibres of heading 5503  or 5506 , or










—


polypropylene filament tow of heading 5501 ,




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 ex-works price of the product
Jute fabric may be used as a backing




ex Chapter 58


Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for:






—


Combined with rubber thread










—


Other






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving
or
Weaving accompanied by dyeing or flocking or coating
or
Flocking accompanied by dyeing or by printing
or
Yarn dyeing accompanied by weaving
or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product (36)





5805 


Hand-woven tapestries of the types Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up


Manufacture from materials of any heading, except that of the product




5810 


Embroidery in the piece, in strips or in motifs


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




5901 


Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations


Weaving accompanied by dyeing or by flocking or by coating
or
Flocking accompanied by dyeing or printing




5902 


Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon:


 










—


Containing not more than 90 % by weight of textile materials






Weaving










—


Other






Extrusion of man-made fibres accompanied by weaving




5903 


Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902 


Weaving accompanied by dyeing or by coating
or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product




5904 


Linoleum, whether or note cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape


Weaving accompanied by dyeing or by coating (37)





5905 


Textile wall coverings:


 










—


Impregnated, coated, covered or laminated with rubber, plastics or other materials






Weaving accompanied by dyeing or by coating










—


Other






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving
or
Weaving accompanied by dyeing or by coating
or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product (38)





5906 


Rubberised textile fabrics, other than those of heading 5902 :


 










—


Knitted or crocheted fabrics






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting
or
Knitting accompanied by dyeing or by coating
or
Dyeing of yarn of natural fibres accompanied by knitting (39)











—


Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials






Extrusion of man-made fibres accompanied by weaving










—


Other






Weaving accompanied by dyeing or by coating
or
Dyeing of yarn of natural fibres accompanied by weaving




5907 


Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like


Weaving accompanied by dyeing or by flocking or by coating
or
Flocking accompanied by dyeing or by printing
or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product




5908 


Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefor, whether or not impregnated:


 










—


Incandescent gas mantles, impregnated






Manufacture from tubular knitted gas-mantle fabric










—


Other






Manufacture from materials of any heading, except that of the product




5909  to 5911 


Textile articles of a kind suitable for industrial use:


 










—


Polishing discs or rings other than of felt of heading 5911 






Weaving










—


Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading 5911 






Extrusion of man-made fibres or Spinning of natural and/or of man-made staple fibres, in each case accompanied by weaving
or
Weaving accompanied by dyeing or coating
Only the following fibres may be used:
- - coir yarn
- - yarn of polytetrafluoroethylene (40),
- - yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin,
- - yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,
- - monofil of polytetrafluoroethylene (41),
- - yarn of synthetic textile fibres of poly(p-phenylene terephthalamide),
- - glass fibre yarn, coated with phenol resin and gimped with acrylic yarn (42),
- - copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4 -cyclohexanediethanol and isophthalic acid




 








—


Other






Extrusion of man-made filament yarn OR spinning of natural or man-made staple fibres, accompanied by weaving (43)

or
Weaving accompanied by dyeing or coating




Chapter 60


Knitted or crocheted fabrics


Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting
or
Knitting accompanied by dyeing or by flocking or by coating
or
Flocking accompanied by dyeing or by printing
or
Dyeing of yarn of natural fibres accompanied by knitting
or
Twisting or texturing accompanied by knitting provided that the value of the non-twisted/non-textured yarns used does not exceed 47,5  % of the ex-works price of the product




Chapter 61


Articles of apparel and clothing accessories, knitted or crocheted:


 










—


Obtained by 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






Knitting and making-up (including cutting)










—


Other






Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting (knitted to shape products)
or
Dyeing of yarn of natural fibres accompanied by knitting (knitted to shape products




ex Chapter 62


Articles of apparel and clothing accessories, not knitted or crocheted; except for:


Weaving accompanied by making-up (including cutting)
or
Making-up preceded by printing, accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product




ex 6202 , ex 6204 , ex 6206 , ex 6209  and ex 6211 


Women's, girls' and babies' clothing and clothing accessories for babies, embroidered


Weaving accompanied by making-up (including cutting)
or
Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product




ex 6210  and ex 6216 


Fire-resistant equipment of fabric covered with foil of aluminised polyester


Weaving accompanied by making-up (including cutting)
or
Coating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)




ex 6212 


Knitted or crocheted brassieres, corsets, braces, suspenders, garters and similar articles and parts thereof


Knitting and making up (including cutting)




6213  and 6214 


Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:


 










—


Embroidered






Weaving accompanied by making-up (including cutting)
or
Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(81)
or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product










—


Other






Weaving accompanied by making-up (including cutting)




 


 


Making-up followed by printing accompanied by at least two preparatory finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5  % of the ex-works price of the product




6217 


Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212 :


 










—


Embroidered






Weaving accompanied by making-up (including cutting)
or
Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product










—


Fire-resistant equipment of fabric covered with foil of aluminised polyester






Weaving accompanied by making-up (including cutting)
or
Coating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)




 








—


Interlinings for collars and cuffs, cut out






Manufacture:






—


from materials of any heading, except that of the product, and










—


in which the value of all the materials used does not exceed 40 % of the ex-works price of the product














—


Other






Weaving accompanied by making-up (including cutting)




ex Chapter 63


Other made-up textile articles; sets; worn clothing and worn textile articles; rags; except for:


Manufacture from materials of any heading, except that of the product




6301  to 6304 


Blankets, travelling rugs, bed linen etc.; curtains etc.; other furnishing articles:


 










—


Of felt, of nonwovens






Extrusion of man-made fibres or use of natural fibres in each case accompanied by non-woven process including needle punching and making-up (including cutting) (7)










—


Other:






 




- - Embroidered


Weaving or knitting accompanied by making-up (including cutting)
or
Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product (9) (10)




- - Other


Weaving or knitting accompanied by making-up (including cutting)




6305 


Sacks and bags, of a kind used for the packing of goods


Extrusion of man-made fibres or spinning of natural and/or manmade staple fibres accompanied by weaving or knitting and making-up (including cutting) (7)




6306 


Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods:


 










—


Of nonwovens






Extrusion of man-made fibres or natural fibres in each case accompanied by any non-woven techniques including needle punching










—


Other






Weaving accompanied by making-up (including cutting) (7) (9)
or
Coating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)




6307 


Other made-up articles, including dress patterns


Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




6308 


Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale


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 ex-works price of the set




ex Chapter 64


Footwear, gaiters and the like; parts of such articles; except for:


Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 6406 




6406 


Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof


Manufacture from materials of any heading, except that of the product




Chapter 65


Headgear and parts thereof; except for:


Manufacture from materials of any heading, except that of the product




Chapter 66


Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




Chapter 67


Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair


Manufacture from materials of any heading, except that of the product




ex Chapter 68


Articles of stone, plaster, cement, asbestos, mica or similar materials, except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product




ex 6803 


Articles of slate or of agglomerated slate


Manufacture from worked slate




ex 6812 


Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonate


Manufacture from materials of any heading




ex 6814 


Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materials


Manufacture from worked mica (including agglomerated or reconstituted mica)




Chapter 69


Ceramic products


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex Chapter 70


Glass and glassware, except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




7006 


Glass of heading 7003 , 7004  or 7005 , bent, edge-worked, engraved, drilled,


 










—


Glass-plate substrates, coated with a dielectric thin film, and of a semiconductor grade in accordance with SEMII-standards (44)







Manufacture from non-coated glass-plate substrate of heading 7006 










—


Other






Manufacture from materials of heading 7001 




7010 


Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass


Manufacture from materials of any heading, except that of the product
or
Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product




7013 


Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010  or 7018 )


Manufacture from materials of any heading, except that of the product
or
Cutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product
or
Hand-decoration (except silk-screen printing) of hand-blown glassware, provided that the total value of the hand-blown glassware used does not exceed 50 % of the ex-works price of the product




ex Chapter 71


Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin, except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




7106 , 7108  and 7110 


Precious metals:


 










—


Unwrought






Manufacture from materials of any heading, except those of headings 7106 , 7108  and 7110 
or
Electrolytic, thermal or chemical separation of precious metals of heading 7106 , 7108  or 7110 
or
Fusion and/or alloying of precious metals of heading 7106 , 7108  or 7110  with each other or with base metals










—


Semi-manufactured or in powder form






Manufacture from unwrought precious metals




ex 7107 , ex 7109  and ex 7111 


Metals clad with precious metals, semi-manufactured


Manufacture from metals clad with precious metals, unwrought




7115 


Other articles of precious metal or of metal clad with precious metal


Manufacture from materials of any heading, except that of the product




7117 


Imitation jewellery


Manufacture from materials of any heading, except that of the product
or
Manufacture from base metal parts, not plated or covered with precious metals, provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex Chapter 72


Iron and steel; except for:


Manufacture from materials of any heading, except that of the product




7207 


Semi-finished products of iron or non-alloy steel


Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 , 7205  or 7206 




7208  to 7216 


Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steel


Manufacture from ingots or other primary forms or semi-finished materials of heading 7206  or 7207 




7217 


Wire of iron or non-alloy steel


Manufacture from semi-finished materials of heading 7207 




7218 91  and 7218 99 


Semi-finished products


Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 , 7205  or subheading 7218 10 




7219  to 7222 


Flat-rolled products, bars and rods, angles, shapes and sections of stainless steel


Manufacture from ingots or other primary forms or semi-finished materials of heading 7218 




7223 


Wire of stainless steel


Manufacture from semi-finished materials of heading 7218 




7224 90 


Semi-finished products


Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 , 7205  or subheading 7224 10 




7225  to 7228 


Flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel


Manufacture from ingots or other primary forms or semi-finished materials of heading 7206 , 7207 , 7218  or 7224 




7229 


Wire of other alloy steel


Manufacture from semi-finished materials of heading 7224 




ex Chapter 73


Articles of iron or steel; except for:


Manufacture from materials of any heading, except that of the product




ex 7301 


Sheet piling


Manufacture from materials of heading 7206 




7302 


Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole pates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails


Manufacture from materials of heading 7206 




7304 , 7305  and 7306 


Tubes, pipes and hollow profiles, of iron (other than cast iron) or steel


Manufacture from materials of heading 7206 , 7207 , 7218  or 7224 




ex 7307 


Tube or pipe fittings of stainless steel (ISO No X5CrNiMo 1712 ), consisting of several parts


Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, provided that the total value of the forged blanks used does not exceed 35 % of the ex-works price of the product




7308 


Structures (excluding prefabricated buildings of heading 9406 ) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel


Manufacture from materials of any heading, except that of the product. However, welded angles, shapes and sections of heading 7301  may not be used




ex 7315 


Skid chain


Manufacture in which the value of all the materials of heading 7315  used does not exceed 50 % of the ex-works price of the product




ex Chapter 74


Copper and articles thereof; except for:


Manufacture from materials of any heading, except that of the product




7403 


Refined copper and copper alloys, unwrought


Manufacture from materials of any heading




Chapter 75


Nickel and articles thereof


Manufacture from materials of any heading, except that of the product




ex Chapter 76


Aluminium and articles thereof; except for:


Manufacture from materials of any heading, except that of the product




7601 


Unwrought aluminium


Manufacture from materials of any heading




7607 


Aluminium foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0,2  mm


Manufacture from materials of any heading, except that of the product and heading 7606 




ex Chapter 78


Lead and articles thereof, except for:


Manufacture from materials of any heading, except that of the product




7801 


Unwrought lead:


 










—


Refined lead






Manufacture from materials of any heading










—


Other






Manufacture from materials of any heading, except that of the product. However, waste and scrap of heading 7802  may not be used




Chapter 79


Zinc and articles thereof:


Manufacture from materials of any heading, except that of the product




Chapter 80


Tin and articles thereof


Manufacture from materials of any heading, except that of the product




Chapter 81


Other base metals; cermets; articles thereof


Manufacture from materials of any heading




ex Chapter 82


Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8206 


Tools of two or more of the headings 8202  to 8205 , put up in sets for retail sale


Manufacture from materials of any heading, except those of headings 8202  to 8205 . However, tools of headings 8202  to 8205  may be incorporated into the set, provided that their total value does not exceed 15 % of the ex-works price of the set




8207 


Interchangeable tools for hand tools, whether or not power-operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning, or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product




8208 


Knives and cutting blades, for machines or for mechanical appliances


Manufacture:






—


from materials of any heading, except that of the product, and










—


in which the value of all the materials used does not exceed 40 % of the ex-works price of the product








8211 


Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208 


Manufacture from materials of any heading, except that of the product. However, knife blades and handles of base metal may be used




8214 


Other articles of cutlery (for example, hair clippers, butchers' or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files)


Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used




8215 


Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware


Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used




ex Chapter 83


Miscellaneous articles of base metal; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex 8302 


Other mountings, fittings and similar articles suitable for buildings, and automatic door closers


Manufacture from materials of any heading, except that of the product. However, other materials of heading 8302  may be used, provided that their total value does not exceed 20 % of the ex-works price of the product




ex 8306 


Statuettes and other ornaments, of base metal


Manufacture from materials of any heading, except that of the product. However, other materials of heading 8306  may be used, provided that their total value does not exceed 30 % of the ex-works price of the product




ex Chapter 84


Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product




8401 


Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separation


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8407 


Spark-ignition reciprocating or rotary internal combustion piston engines


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8408 


Compression-ignition internal combustion piston engines (diesel or semi-diesel engines


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8410 , 8411 , 8412 , 8413 


Hydraulic turbines, water wheels, and regulators therefor
Turbojets, turbo-propellers and other gas turbines;
other engines and motors;
Pumps for liquids, whether or not fitted with a measuring device; liquid elevators


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8427 


Fork-lift trucks; other works trucks fitted with lifting or handling equipment


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8431 


Parts suitable for use solely or principally with the machinery of headings 8425  to 8430 


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8443 


Printing machinery


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8452 


Sewing machines, other than book-sewing machines of heading 8440 ; furniture, bases and covers specially designed for sewing machines; sewing machine needles


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8482 


Ball or roller bearings


Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8483 


Transmission shafts (including cam shafts and crank shafts) and cranks; bearing housings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints)


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8486 


Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; parts and accessories


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex 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; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product




8501 


Electric motors and generators (excluding generating sets)


Manufacture from materials of any heading, except that of the product and of heading 8503 
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8502 


Electric generating sets and rotary converters




8504 


Power supply units for automatic data-processing machines


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8506 


Primary cells and primary batteries;


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8507 
8513 


Electric accumulators, including separators therefor, whether or not rectangular (including square);
Portable electric lamps designed to function by their own source of energy (for example, dry batteries, accumulators, magnetos), other than lighting equipment of heading 8512 


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8517.69 


Other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wireless network (such as a local or wide area network), other than transmission or reception apparatus of headings 8443 , 8525 , 8527  or 8528 


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8518 


Microphones and stands therefore; loudspeakers, whether or not mounted in their enclosures; audio-frequency electric amplifiers; electric sound amplifier sets


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8519 


Sound recording and sound reproducing apparatus


Manufacture from materials of any heading, except that of the product and of heading 8522 .
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8521 


Video recording or reproducing apparatus, whether or not incorporating a video tuner


Manufacture from materials of any heading, except that of the product and of heading 8522 .
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8522 


Parts and accessories suitable for use solely or principally with the apparatus of headings 8519  to 8521 


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8523 


Discs, tapes, solid-state non-volatile storage devices, ‘smart cards’ and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37


Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8525 


Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders


Manufacture from materials of any heading, except that of the product and of heading 8529 .
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8526 


Radar apparatus, radio navigational aid apparatus and radio remote control apparatus


Manufacture from materials of any heading, except that of the product and of heading 8529 .
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8527 


Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock


Manufacture from materials of any heading, except that of the product and of heading 8529 .
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8528 


Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus


Manufacture from materials of any heading, except that of the product and of heading 8529 .
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8529 


Parts suitable for use solely or principally with the apparatus of headings 8525  to 8528 :


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8535  to 8537 


Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits; connectors for optical fibres, optical fibre bundles or cables; boards, panels, consoles, desks, cabinets and other bases, for electric control or the distribution of electricity


Manufacture from materials of any heading, except that of the product and of heading 8538 .
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8540 11  and 8540 12 


Cathode ray television picture tubes, including video monitor cathode ray tubes


Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8542.31 to 8542.33  and 8542.39 


Monolithic integrated circuits


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
or
The operation of diffusion, in which integrated circuits are formed on a semi-conductor substrate by the selective introduction of an appropriate dopant, whether or not assembled and/or tested in a non-party




8543 


Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8544 


Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors


Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8545 


Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes


Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product




8546 


Electrical insulators of any material


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8547 


Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating materials apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546 ; electrical conduit tubing and joints therefor, of base metal lined with insulating material


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




8548 


- Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter


Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




 


- Electronic microassemblies




ex 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; except for:


Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




ex Chapter 87


Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for:


Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




8711 


Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars:


Manufacture from materials of any heading, except that of the product.
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product










—


With reciprocating internal combustion piston engine of a cylinder capacity:








- - Not exceeding 50 cm3





- - Exceeding 50 cm3











—


Other








8714 


Parts and accessories of vehicles of headings 8711  to 8713 :


Manufacture in which the value of all the materials used does not exceed 45 % of the ex-works price of the product




ex Chapter 88


Aircraft, spacecraft, and parts thereof; except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




ex 8804 


Rotochutes


Manufacture from materials of any heading, including other materials of heading 8804 
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




Chapter 89


Ships, boats and floating structures


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




ex Chapter 90


Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof, except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 60 % of the ex-works price of the product




9002 


Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




9005 , 9006 , 9007 , 9008 


Binoculars, monoculars, other optical telescopes and mounting thereof, other astronomical instruments and mounting thereof;
Photographic cameras, photographic flashlight apparatus and flashbulbs


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




9011 


Compound optical microscopes including those for photomicrography, cinematography or microprojection


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




9013 


Liquid crystal devices not constituting articles provided for more specifically in other headings, lasers other than diodes, other optical appliances and instruments not specified or included elsewhere else in this chapter


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




9016 


Balances of sensitivity of 5 cg or better, with or without weights.


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




9025 


Hydrometers and similar instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




9033 


Parts and accessories (not specified or included elsewhere in this Chapter) for machines, appliances, instruments or apparatus of Chapter 90


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




Chapter 91


Clocks and watches and parts thereof


Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




Chapter 92


Musical instruments; parts and accessories of such articles


Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




Chapter 93


Arms and ammunition; parts and accessories thereof


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




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


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




ex Chapter 95


Toys, games and sports requisites; parts and accessories thereof, except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product




ex 9506 


Golf clubs and parts thereof


Manufacture from materials of any heading, except that of the product. However, roughly-shaped blocks for making golf-club heads may be used




ex Chapter 96


Miscellaneous manufactured articles, except for:


Manufacture from materials of any heading, except that of the product
or
Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




9601  and 9602 


Worked ivory, bone, tortoiseshell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by moulding.
Worked vegetable or mineral carving material and articles of these materials; moulded or carved articles of wax, of stearin, of natural gums or natural resins or of modelling pastes, and other moulded or carved articles, not elsewhere specified or included; worked, unhardened gelatine (except gelatine of heading 3503 ) and articles of unhardened gelatin


Manufacture from materials of any heading




9603 


Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers, squeegees (other than roller squeegees)


Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product




9605 


Travel sets for personal toilet, sewing or shoe or clothes cleaning


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 ex-works price of the set




9606 


Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks


Manufacture:






—


from materials of any heading, except that of the product,
and










—


in which the value of all the materials used does not exceed 50 % of the ex-works price of the product








9608 


Ball-point pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609 


Manufacture from materials of any heading, except that of the product. However, nibs or nib-points of the same heading as the product may be used




9612 


Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes


Manufacture:






—


from materials of any heading, except that of the product,
and










—


in which the value of all the materials used does not exceed 50 % of the ex-works price of the product








9613 20 


Pocket lighters, gas fuelled, refillable


Manufacture in which the total value of the materials of heading 9613  used does not exceed 30 % of the ex-works price of the product




9614 


Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof


Manufacture from materials of any heading




Chapter 97


Works of art, collectors' pieces and antiques


Manufacture from materials of any heading, except that of the product






(1)  See Introductory Note 4.2.

(2)  See Introductory Note 4.2.

(3)  See Introductory Note 4.2.

(4)  See Introductory Note 4.2.

(5)  See Introductory Note 4.2.

(6)  See Introductory Note 4.2.

(7)  See Introductory Note 4.2.

(8)  See Introductory Note 4.2.

(9)  See Introductory Note 4.2.

(10)  See Introductory Note 4.2.

(11)  See Introductory Note 4.2.

(12)  See Introductory Note 4.2.

(13)  See Introductory Note 4.2.

(14)  See Introductory Note 4.2.

(15)  See Introductory Note 4.2.

(16)  For the special conditions relating to ‘specific processes’, see Introductory Notes 8.1 and 8.3.

(17)  For the special conditions relating to ‘specific processes’, see Introductory Note 8.2.

(18)  For the special conditions relating to ‘specific processes’, see Introductory Note 8.2.

(19)  For the special conditions relating to ‘specific processes’, see Introductory Note 8.2.

(20)  For the special conditions relating to ‘specific processes’, see Introductory Notes 8.1 and 8.3.

(21)  In the case of the products composed of materials classified within both headings 3901 to 3906, and in the case of the products within headings 3907 to 3911, this restriction only applies to that group of materials which predominates by weight in the product.

(22)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(23)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(24)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(25)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(26)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(27)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(28)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(29)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(30)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(31)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(32)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

(33)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

(34)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

(35)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(36)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(37)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(38)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(39)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(40)  The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

(41)  The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

(42)  The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

(43)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.

(44)  SEMII – Semiconductor Equipment and Materials Institute Incorporated.



ANNEX B(a)
ADDENDUM TO ANNEX B
Common provisions








1.


For the products described below, the following rules may also apply instead of the rules set out in Annex B for products originating in Singapore, however limited by an annual quota.












2.


A origin declaration made out pursuant to this Annex shall contain the following statement in English: ‘Derogation – Annex B(a) of Protocol Concerning the definition of the concept of “originating products” and methods of administrative cooperation of the EU-Singapore FTA’.












3.


Products can be imported into the Union under these derogations upon the provision of a declaration signed by the approved exporter certifying that the products concerned satisfy the conditions of the derogation.












4.


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.












5.


The quotas indicated in the table below will be managed by the European Commission on a first-come, first-served basis. The quantities exported from Singapore to the Union under these derogations will be calculated on the basis of the imports into the Union.








HS Heading


Description of product


Qualifying operation


Annual quota for exports from Singapore into the Union in tons




ex 1601 00 

Waxed sausages of chicken, pork and fresh liver (



)

Manufacture from materials of any heading, except that of the product


500




ex 1602 32 
ex 1602 41 
ex 1602 49 
ex 1602 50 


Canned luncheon meat of pork, chicken and beef (

)
various types of chilled hams
Samosa of grounded beef or chicken (

)
Dumplings of poultry meat (

)
Chicken Shaomai (

)
Chicken Glutinous rice (

)
Chicken and pork floss (

)
Chicken Gyoza


Manufacture from materials of any heading, except that of the product




ex 1603 00 

Bottled essence of chicken series (



)

Manufacture from materials of any heading, except that of the product




ex 1604 20 


Curry fish balls made of fish meat, curry, wheat starch, salt, sugar, and compound condiments


Manufacture from materials of any heading, except that of the product


400




ex 1604 20 


Four colour rolls made of fish meat, crab stick, seaweed, beancurd skin, vegetable oil, sugar, salt, potato starch, monosodium glutamate and seasonings




ex 1604 16 


Spicy crispy anchovies (sambal ikan bilis) made of anchovies, onion, chilli paste, tamarind, belachan, brown sugar, and salt




ex 1605 10 


Crab balls made of wheat starch, salt, sugar, compound condiments, crab meat and filling


Manufacture from materials of any heading, except that of the product


350




ex 1605 90 


Cuttlefish balls made of cuttlefish filling, wheat starch, salt, sugar, and compound condiments




ex 1605 20 


Hargow made of prawn, wheat starch, tapioca, water, scallion, ginger, sugar, and salt




ex 1605 20 


Shaomai made of prawn predominantly, chicken, corn starch, vegetable oil, black pepper, sesame oil, and water




ex 1605 20 


Fried prawn wonton made of prawn, salt, oil, sugar, ginger, pepper, egg, vinegar, and soy sauce.




ex 1605 30 


Lobster flavoured balls: cuttlefish meat, fish meat and crab meat.













ANNEX C
MATERIALS EXCLUDED FROM CUMULATION UNDER PARAGRAPH 2 OF ARTICLE 3






Harmonised System


Description of materials




0207 


Meat and edible offal, of the poultry of heading 0105 , fresh, chilled or frozen




ex 0210 


Meat and offal of poultry, salted, in brine, dried or smoked




Chapter 03


Fish and crustaceans, molluscs and other aquatic invertebrates




0709 51 
ex 0710 80 
0711 51 
0712 31 


Mushrooms, fresh or chilled, frozen, provisionally preserved, dried




0710 40 
2005 80 


Sweet corn




1006 


Rice




ex 1102 90 
ex 1103 19 
ex 1103 20 
ex 1104 19 
ex 1108 14 
ex 1108 19 


Flours, groats, meal, pellets, rolled or flaked grains, tapioca starch, starch of rice




1604  and 1605 


Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs; prepared or preserved crustaceans, molluscs and other aquatic invertebrates




1701  and 1702 


Cane or beet sugars and chemically pure sucrose, and other sugars, artificial honey and caramel




ex 1704 90 


Sugar confectionery, not containing cocoa, other than chewing gum




ex 1806 10 


Cocoa powder, containing 65 % or more by weight of sucrose/isoglucose




1806 20 


Chocolate and food preparations containing cocoa other than cocoa powder




ex 1901 90 


Other food preparations containing less than 40 % by weight of cocoa, other than malt extract, containing less than 1,5  % milkfat, 5 % sucrose or isoglucose, 5 % of glucose or starch.




2003 10 


Mushrooms, prepared or preserved otherwise than by vinegar or acetic acid




ex 2101 12 


Preparations with a basis of coffee




ex 2101 20 


Preparations with a basis of tea or mate




ex 2106 90 


Food preparations not elsewhere specified, other than protein concentrates and textured protein substances: flavoured or coloured sugar syrups other than isoglucose, glucose and maltodextrine syrups; preparation containing more than 1,5  % milkfat, 5 % sucrose or isoglucose, 5 % of glucose or starch.




ex 3302 10 


Mixtures of odoriferous substances of a kind used in the drink industries, containing all flavouring agents characterising a beverage and containing more than 1,5  % milkfat, 5 % sucrose or isoglucose, 5 % of glucose or starch




3302 10 29 


Preparations of a kind used in the drink industries containing all flavouring agents characterising a beverage, other than of an actual alcoholic strength by volume exceeding 0,5  %, containing, by weight, more than 1,5  % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch








ANNEX D
PRODUCTS REFERRED TO IN PARAGRAPH 9 OF ARTICLE 3 FOR WHICH MATERIALS ORIGINATING IN AN ASEAN COUNTRY SHALL BE CONSIDERED AS MATERIALS ORIGINATING IN A PARTY






HS Code


Description




2710 


Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils




2711 


Petroleum gases and other gaseous hydrocarbons




2906 


Cyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives




2909 


Ethers, ether-alcohols, ether-phenols, ether-alcohol-phenols, alcohol peroxides, ether peroxides, ketone peroxides (whether or not chemically defined), and their halogenated, sulphonated, nitrated or nitrosated derivatives




2910 


Epoxides, epoxyalcohols, epoxyphenols and epoxyethers, with a three- membered ring, and their halogenated, sulphonated, nitrated or nitrosated derivatives:




2912 -2914 


Aldehydes, whether or not with other oxygen function; cyclic polymers of aldehydes; paraformaldehyde:
Halogenated, sulphonated, nitrated or nitrosated derivatives of products of heading 2912 
Ketones and quinones, whether or not with other oxygen function, and their halogenated, sulphonated, nitrated or nitrosated derivatives:




2920 


Esters of other inorganic acids of non-metals (excluding esters of hydrogen halides) and their salts; their halogenated, sulphonated, nitrated or nitrosated derivatives




2922 


Oxygen-function amino-compounds




2930 


Organo-sulphur compounds




2933 


Heterocyclic compounds with nitrogen hetero-atom(s) only




2934 


Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds




2935 


Sulphonamides




2942 


Other organic compounds




3215 


Printing ink, writing or drawing ink and other inks, whether or not concentrated or solid




3301 


Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils




4010 


Conveyor or transmission belts or belting, of vulcanised rubber




8408 


Compression-ignition internal combustion piston engines (diesel or semi-diesel engines)




8412 


Other engines and motors




8483 


Transmission shafts (including cam shafts and crank shafts) and cranks; bearing housings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints)




8504 


Electrical transformers, static converters (for example, rectifiers) and inductors




8506 


Primary cells and primary batteries




8518 


Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audio-frequency electric amplifiers; electric sound amplifier sets




8523 


Discs, tapes, solid-state non-volatile storage devices, ‘smart cards’ and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37




8546 


Electrical insulators of any material




8547 


Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating material apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546 ; electrical conduit tubing and joints therefor, of base metal lined with insulating material




9005 


Binoculars, monoculars, other optical telescopes, and mountings therefor; other astronomical instruments and mountings therefor, but not including instruments for radio-astronomy




9006 


Photographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than discharge lamps of heading 8539 




9011 


Compound optical microscopes, including those for photomicrography, cine- photomicrography or microprojection




9013 


Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter




9025 


Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments








ANNEX E
TEXT OF THE ORIGIN DECLARATION
The origin 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.
Bulgarian version
Износителят на продуктите, обхванати от този документ (разрешение № … от митница или от друг компетентен държавен орган (1)) декларира, че освен където ясно е отбелязано друго, тези продукти са с … (2) преференциален произход.
Spanish version
El exportador de los productos incluidos en el presente documento (autorización aduanera o de la autoridad gubernamental competente no … (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial … (2).
Czech version
Vývozce výrobků uvedených v tomto dokumentu (číslo povolení celního nebo příslušného vládního orgánu … (1)) prohlašuje, že kromě zřetelně označených mají tyto výrobky preferenční původ v … (2).
Danish version
Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes eller den kompetente offentlige myndigheds tilladelse nr. … (1)) erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (2).
German version
Der Ausführer (Ermächtigter Ausführer; Bewilligung der Zollbehörde oder der zuständigen Regierungsbehörde Nr. … (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte Ursprungswaren … (2) sind.
Estonian version
Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti või pädeva valitsusasutuse luba nr. … (1)) deklareerib, et need tooted on … (2) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.
Greek version
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου ή της καθύλην αρμόδιας αρχής, υπ’αριθ. … (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (2).
English version
The exporter of the products covered by this document (customs or competent governmental authorisation No … (1)) declares that, except where otherwise clearly indicated, these products are of … (2) preferential origin.
French version
L'exportateur des produits couverts par le présent document (autorisation douanière ou de l'autorité gouvernementale compétente no … (1)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle … (2).
Croatian version
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje ili ovlaštenje nadležnog državnog tijela br. … (1)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi … (2) preferencijalnog podrijetla.
Italian version
L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale o dell'autorità governativa competente n. … (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (2).
Latvian version
Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas vai kompetentu valsts iestāžu pilnvara Nr. … (1)), deklarē, ka, izņemottur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme no … (2).
Lithuanian version
Šiame dokumente išvardintų prekių eksportuotojas (muitinės arba kompetentingos viešosios valdžios institucijos liudijimo Nr. … (1)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (2) preferencinės kilmės prekės.
Hungarian version
A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: vagy az illetékes kormányzati szerv által kiadott engedély száma: … (1)) kijelentem, hogy egyértelmű eltérő jelzés hiányában az áruk preferenciális … származásúak (2).
Maltese version
L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni kompetenti tal-gvern jew tad-dwana nru. … (1)) jiddikjara li, hlief fejn indikat b'mod car li mhux hekk, dawn il-prodotti huma ta' origini preferenzjali … (2).
Dutch version
De exporteur van de goederen waarop dit document van toepassing is (douanevergunning of vergunning van de competente overheidsinstantie nr. … (1)) verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn (2).
Polish version
Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych lub upoważnienie właściwych władz nr … (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (2) preferencyjne pochodzenie.
Portuguese version
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira ou da autoridade governamental competente no … (1)) declara que, salvo indicação expressa em contrário, estes produtos são de origem preferencial … (2).
Romanian version
Exportatorul produselor ce fac obiectul acestui document (autorizaţia vamală sau a autorităţii guvernamentale competente nr. … (1)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferenţială … (2).
Slovak version
Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia colnej správy alebo príslušného vládneho povolenia … (1)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (2).
Slovenian version
Izvoznik blaga, zajetega s tem dokumentom, (pooblastilo carinskih ali pristojnih vladnih organov št. … (1)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (2) poreklo.
Finnish version
Tässä asiakirjassa mainittujen tuotteiden viejä (tullin tai toimivaltaisen julkisen viranomaisen lupa nro … (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (2).
Swedish version
Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd eller behörig statlig myndighet nr. … (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung (2).
… (3)

(Place and date)
… (4)

(Signature of the exporter, in addition the name of the person signing the declaration has to be indicated in clear script)
JOINT DECLARATION
CONCERNING THE PRINCIPALITY OF ANDORRA








1.


Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonized System shall be accepted by Singapore as originating in the Union within the meaning of this Agreement.












2.


Protocol 1 shall apply mutatis mutandis for the purposes of defining the originating status of the abovementioned products.




JOINT DECLARATION
CONCERNING THE REPUBLIC OF SAN MARINO








1.


Products originating in the Republic of San Marino shall be accepted by Singapore as originating in the Union within the meaning of this Agreement.












2.


Protocol 1 shall apply mutatis mutandis for the purposes of defining the originating status of the abovementioned products.




JOINT DECLARATION
CONCERNING THE REVISION OF THE RULES OF ORIGIN CONTAINED IN PROTOCOL 1








1.


The Parties agree to review the rules of origin contained in Protocol 1 and discuss the necessary amendments upon request of either Party.












2.


Annexes B to D to Protocol 1 will be adapted in accordance with the periodical changes to the Harmonized System.






(1)  When the origin declaration is made out in the Union by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the origin declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
When the origin declaration is made out by an exporter in Singapore, the Unique Entity Number must be entered in this space.

(2)  Origin of products to be indicated. When the origin declaration relates to products originating in the Union, the exporter shall use the symbol ‘EU’. When the origin declaration relates in whole or in part, to products originating in Ceuta and Melilla, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.

(3)  These indications may be omitted if the information is contained on the document itself.

(4)  In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.






UNDERSTANDINGS 1 TO 4 AND JOINT DECLARATION CONCERNING CUSTOMS UNIONS
UNDERSTANDING 1
IN RELATION TO ARTICLE 16.6 (TAXATION)
The Parties share an understanding that the term ‘the provisions of this Agreement’ referred to in paragraph 1 of Article 16.6 (Taxation) means the provisions that:






(a)


accord non-discriminatory treatment to goods in the manner and to the extent provided for in Chapter Two (National Treatment and Market Access for Goods);










(b)


prevent the maintenance or institution of customs duty or tax in respect of goods in the manner and to the extent provided for in Chapter Two (National Treatment and Market Access for Goods); and










(c)


accord non-discriminatory treatment to service suppliers and investors in the manner and to the extent provided for in Section A (General Provisions), Section B (Cross-border Supply of Services), Section C (Establishment) and Sub-section 6 (Financial Services) of Section E (Regulatory Framework) of Chapter Eight (Services, Establishment and E-Commerce).




UNDERSTANDING 2
IN RELATION TO THE REMUNERATION OF ARBITRATORS
With respect to Rule 10 of Annex 14-A, both Parties confirm their following understanding:






1.


The remuneration and expenses to be paid to the arbitrators shall be based on standards of comparable international dispute resolution mechanisms in bilateral or multilateral agreements.










2.


The exact amount of the remuneration and expenses shall be agreed by the Parties in advance of the meeting of the Parties with the arbitration panel under Rule 10 of Annex 14-A.










3.


Both Parties shall apply this understanding in good faith with a view to facilitating the operation of the arbitration panel.




UNDERSTANDING 3
ADDITIONAL CUSTOMS-RELATED PROVISIONS

ARTICLE 1
Definitions
For the purposes of this Understanding:






(a)


‘customs legislation’ shall mean any legal or regulatory provisions applicable in the territories of the Parties governing the import, export and transit of goods and their placing under any other customs regime or procedure;










(b)


‘applicant authority’ shall mean a competent customs authority which has been designated by a Party for this purpose and which makes a request for assistance on the basis of this Understanding;










(c)


‘requested authority’ shall mean a competent customs authority which has been designated by a Party for this purpose and which receives a request for assistance on the basis of this Understanding;










(d)


‘personal data’ shall mean all information relating to an identified or identifiable individual;










(e)


‘operation in breach of customs legislation’ shall mean any violation or attempted violation of customs legislation; and










(f)


‘customs authority’ shall mean, as appropriate, the customs authorities of Singapore, the customs authorities of the Member States or the competent services of the European Commission.






ARTICLE 2
Scope

1.   The Parties shall assist each other, through their customs authorities, in trade-related customs matters, in the manner and under the conditions laid down in this Understanding, to ensure the correct application of customs legislation, in particular by preventing, investigating and combating operations in breach of customs legislation of:






(a)


goods declared, on importation into the requesting Party, as having been exported or re-exported from the other Party and not as originating in that Party;










(b)


goods declared, on importation into the requesting Party, as originating in the other Party other than for the purposes of applying tariff preferences under this Agreement.






2.   Assistance in trade-related customs matters, as provided for in this Understanding, shall be complementary to that provided for in Article 29 (Administrative Enquiries) of Protocol 1 (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation).


3.   Notwithstanding paragraph 2, assistance in trade-related customs matters relating to goods transiting or transhipped through the territory of a Party and destined for the territory of the other Party, for the first three years after the entry into force of this Agreement, shall be provided only in the manner and to the extent provided for by Article 27 (Cooperation between Competent Authorities), Article 28 (Verification of Origin Declarations) and Article 29 (Administrative Enquiries) of Protocol 1 (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation). The Parties shall review the modalities of assistance in relation to goods transiting or transhipped through the territory of a Party and destined for the territory of the other Party within two years of the entry into force of this Agreement.


4.   Assistance in trade-related customs matters shall be without prejudice to the rules governing mutual assistance in criminal matters and it shall not cover information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorised by that authority.


5.   Assistance to recover duties, taxes or fines is not covered by this Understanding.


6.   Any assistance to be provided pursuant to this Understanding shall only pertain to trade transactions relevant to an operation in breach of customs legislation that took place not more than three years before the date of the request for assistance.


7.   The Parties shall not be required to modify their customs regime or procedure in order to fulfil their obligations under this Understanding.



ARTICLE 3
Assistance on Request

1.   Upon the request of the applicant authority, based on a reasonable suspicion of an operation in breach of customs legislation of any category of goods referred to in paragraph 1 of Article 2 (Scope), the requested authority shall provide the applicant authority with one or more of the following types of information which may enable the applicant authority to ensure that customs legislation is correctly applied:






(a)


the name and address of the exporter or agent;










(b)


shipping information relating to container number, size, name of vessel and carrier, the country of origin, place of export and cargo description;










(c)


classification number, quantity and declared value; and










(d)


any other information which the Parties agree is necessary for determining whether an operation in breach of customs legislation has occurred.






2.   Upon the request of the applicant authority, the requested authority shall provide the following information:






(a)


whether goods exported from the territory of a Party have been properly imported into the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods; or










(b)


whether goods imported into the territory of a Party have been properly exported from the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods.






3.   The requested authority shall not be required to provide information which is not already available to it.


4.   For the purposes of paragraph 1, a reasonable suspicion of an operation in breach of customs legislation means a suspicion based on one or more of the following types of relevant factual information obtained from public or private sources:






(a)


historical evidence that a specific importer, exporter, manufacturer, producer or other company involved in the movement of goods from the territory of a Party to the territory of the other Party has not complied with either Party's customs legislation;










(b)


historical evidence that some or all of the enterprises involved in the movement of goods within a specific product sector from the territory of one Party to the territory of the other Party, where the goods move from the territory of one Party to the territory of the other Party, has not complied with a Party's customs legislation; or










(c)


other information that the customs authorities of the Parties agree is sufficient in the context of a particular request.







ARTICLE 4
Spontaneous Assistance
The Parties may assist each other through their respective customs authorities at their own initiative and in accordance with their legal or regulatory provisions if they consider doing so to be necessary for the correct application of customs legislation, in particular by providing information pertaining to:






(a)


activities which are or appear to be operations in breach of customs legislation, and which may be of interest to the customs authorities of the other Party;










(b)


new means or methods employed in carrying out operations in breach of customs legislation;










(c)


goods known to be subject to operations in breach of customs legislation;










(d)


natural or legal persons in respect of whom there are reasonable grounds for believing that they have been involved in operations in breach of customs legislation; or










(e)


means of transport in respect of which there are reasonable grounds for believing that they have been, or that they are, or that they may be used in operations in breach of customs legislation.






ARTICLE 5
Form and Substance of Requests for Assistance

1.   Any request pursuant to this Understanding shall be made in writing. It shall be accompanied by the documents necessary to enable the requested authority to respond to the request. In case of an urgent situation, oral requests may be accepted, but they shall be confirmed in writing immediately thereafter.


2.   Any request pursuant to paragraph 1 shall include the following information:






(a)


the applicant authority;










(b)


the measure requested;










(c)


the object of and the reason for the request;










(d)


the legal or regulatory provisions and other legal elements involved;










(e)


information as exact and comprehensive as possible on the natural or legal persons who are the target of the investigations;










(f)


a summary of the relevant facts and of the enquiries already carried out; and










(g)


grounds for reasonable suspicion of an operation in breach of customs legislation.






3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that accompany the request under paragraph 1.


4.   If a request does not meet the formal requirements set out above, its correction or completion may be requested. In the meantime, precautionary measures may be ordered.



ARTICLE 6
Execution of Requests

1.   In order to comply with a request for assistance, the requested authority shall supply information already in its possession, within the limits of its competence. The requested authority, at its own discretion, may provide for further assistance by carrying out appropriate enquiries or by arranging for them to be carried out.


2.   Any request for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Party.


3.   Duly authorised officials of a Party may be present, with the agreement of the other Party and subject to the conditions laid down by the latter, to obtain in the offices of the requested authority or any other relevant authority in accordance with paragraph 1, information relating to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purposes of this Understanding.


4.   Duly authorised officials of a Party may be present, with the agreement of the other Party and subject to the conditions laid down by that Party, at enquiries carried out in that Party's territory.



ARTICLE 7
Form in which Information is to be Communicated

1.   The requested authority shall communicate results of enquiries to the applicant authority in writing and may provide relevant supporting documents or other items.


2.   This information may be in computerised form.



ARTICLE 8
Exceptions to Obligations to Provide Assistance

1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements in cases where the Party which has been requested to provide assistance under this Understanding is of the opinion that assistance would:






(a)


be likely to prejudice its sovereignty;










(b)


be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to in paragraph 2 of Article 9 (Information Exchange and Confidentiality); or










(c)


violate an industrial, commercial or professional secret.






2.   Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.


3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to that request.


4.   For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons thereof shall be communicated to the applicant authority without delay.



ARTICLE 9
Information Exchange and Confidentiality

1.   Any information communicated in whatsoever form pursuant to this Understanding shall be of a confidential or restricted nature, depending on the rules applicable in each Party. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Party that received it. The Party receiving the information shall maintain the confidentiality of the information.


2.   Personal data may be exchanged only where the Party which may receive them undertakes to protect such data in a manner that is considered adequate by the Party that may supply them.


3.   Each Party shall maintain procedures to ensure that confidential information submitted in connection with the Party's administration of its customs legislation, including information, the disclosure of which could prejudice the competitive position of the person providing the information, is entitled to treatment as confidential information and protected from unauthorised disclosure.


4.   The Party receiving the information shall use it solely for the purposes stated in the request. Where one Party wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information.


5.   The Party receiving the information may use the information in its administrative or judicial proceedings, as may be applicable, provided that any information that has been designated as sensitive by the Party providing the information shall not be used without the written consent of the Party providing the information.


6.   Subject to paragraph 5, any information provided by a Party to the other Party shall not be disclosed to the mass media or to any other person or entity other than the customs authorities of the requesting Party, and shall not be published or otherwise available to the public without the written consent of the Party providing the information.


7.   Where the use of information obtained by a Party is subject to the consent of the Party providing the information under paragraphs 4, 5 and 6, such use shall be subject to any restrictions laid down by that Party.



ARTICLE 10
Assistance Expenses

1.   The Party receiving the request shall assume all ordinary expenses incurred in executing the request. The Party making the request shall bear the expenses in relation to experts and witnesses, and, where applicable, interpreters and translators.


2.   If, during the execution of the request, it becomes apparent that expenses of an extraordinary or substantial nature are required to fulfil the request, the Parties shall consult to determine the terms and conditions under which the execution of the request is to be effected or continued.



ARTICLE 11
Implementation

1.   The implementation of this Understanding shall be undertaken, in the case of Singapore, by the customs authorities of Singapore and, in the case of the Union, by the competent services of the European Commission and the customs authorities of the Member States, as appropriate. They shall decide on all practical measures and arrangements necessary for their application, taking into consideration the rules in force, in particular in the field of data protection.


2.   The Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation adopted in accordance with this Understanding.


3.   The Parties agree that, in view of the limited resources of their customs authorities, requests should be kept to the barest minimum.



ARTICLE 12
Other Agreements
Taking into account the respective responsibilities of the Union and the Member States, this Understanding shall:






(a)


not affect the obligations of the Parties under any other international agreement or convention;










(b)


be deemed complementary to any agreement on mutual administrative assistance in customs matters which have been or may be concluded between individual Member States and Singapore, while taking precedence over any provisions of such agreements that are incompatible with this Understanding; and










(c)


not affect the Union's provisions governing the communication between the competent services of the European Commission and the customs authorities of the Member States of any information obtained under this Understanding which could be of interest to the Union.






ARTICLE 13
Consultations

1.   In respect of questions relating to the applicability of this Understanding, the Parties, in the Committee on Customs established under Article 16.2 (Specialised Committees), shall consult each other to resolve the questions.


2.   Chapter Fourteen (Dispute Settlement) and Chapter Fifteen (Mediation Mechanism) shall not apply to any matter arising under this Understanding.


UNDERSTANDING 4
MUTUAL RECOGNITION OF AUTHORISED ECONOMIC OPERATOR (AEO) PROGRAMMES
With reference to paragraph 2(d) of Article 6.3 (Customs Cooperation) and paragraph 2 of Article 6.17 (Committee on Customs), the Parties have reached the following understanding:
The Parties agree that it will be to their mutual benefit to collaborate with each other in enhancing the security of the supply chain and facilitating legitimate trade.
The Parties shall work towards mutual recognition of their respective Authorised Economic Operator (hereinafter referred as the ‘AEO’) programmes. They shall agree, by a decision of the Committee on Customs established pursuant to Article 16.2 (Specialised Committees), on the mutual recognition of their respective AEO programmes.
The Parties agree to commence work leading to mutual recognition of their respective AEO programmes.
The Parties will make all reasonable efforts and aim to reach an agreement on mutual recognition of their respective AEO programmes ideally after one year, but no later than two years, from the entry into force of this Agreement.
JOINT DECLARATION
Concerning Customs Unions








1.


The Union recalls that those countries which have concluded a customs union with the Union have the obligation to align themselves with the common customs tariff and, progressively, with the preferential customs regime of the Union, taking the necessary measures and negotiating agreements on a mutually advantageous basis with the third countries concerned.
Consequently the Union had invited Singapore to enter into negotiations with those states which have established a customs union with the Union and whose products do not benefit from the tariff concessions under this Agreement, to conclude bilateral agreements establishing a free trade area in accordance with Article XXIV of GATT.












2.


Singapore has informed the Union that Singapore will enter into negotiations with countries relevant in this respect as at the date of signature of this Agreement to conclude bilateral agreements establishing a free trade area in accordance with Article XXIV of GATT.